[Congressional Record (Bound Edition), Volume 150 (2004), Part 11]
[House]
[Pages 15208-15215]
[From the U.S. Government Publishing Office, www.gpo.gov]




   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2005

  The SPEAKER pro tempore. Pursuant to House Resolution 710 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 4766.

                              {time}  1350


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 4766) making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2005, and for other purposes, with Mr. 
Bass in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose earlier today the 
bill had been read through page 44, line 11.
  Pursuant to the order of the House of today, the bill is considered 
as read and open for amendment at any point.
  The text of the remainder of H.R. 4766 is as follows:

                  Rural Cooperative Development Grants

       For rural cooperative development grants authorized under 
     section 310B(e) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1932), $23,500,000, of which 
     $2,500,000 shall be for cooperative agreements for the 
     appropriate technology transfer for rural areas program: 
     Provided, That not to exceed $1,500,000 shall be for 
     cooperatives or associations of cooperatives whose primary 
     focus is to provide assistance to small, minority producers 
     and whose governing board and/or membership is comprised of 
     at least 75 percent minority; and of which not to exceed 
     $15,500,000, to remain available until expended, shall be for 
     value-added agricultural product market development grants, 
     as authorized by section 6401 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 1621 note).

        Rural Empowerment Zones and Enterprise Community Grants

       For grants in connection with second and third rounds of 
     empowerment zones and enterprise communities, $11,419,000, to 
     remain available until expended, for designated rural 
     empowerment zones and rural enterprise communities, as 
     authorized by the Taxpayer Relief Act of 1997 and the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999 (Public Law 105-277): Provided, That of the funds 
     appropriated, $1,000,000 shall be made available to third 
     round empowerment zones, as authorized by the Community 
     Renewal Tax Relief Act (Public Law 106-554).

                        Renewable Energy Program

       For the cost of a program of direct loans, loan guarantees, 
     and grants, under the same terms and conditions as authorized 
     by section 9006 of the Farm Security and Rural Investment Act 
     of 2002 (7 U.S.C. 8106), $15,000,000 for direct and 
     guaranteed renewable energy loans and grants: Provided, That 
     the cost of direct loans and loan guarantees, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974.

                        Rural Utilities Service

   Rural Electrification and Telecommunications Loans Program Account


                     (including transfer of funds)

       Insured loans pursuant to the authority of section 305 of 
     the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be 
     made as follows: 5 percent rural electrification loans, 
     $120,000,000; municipal rate rural electric loans, 
     $100,000,000; loans made pursuant to section 306 of that Act, 
     rural electric, $2,100,000,000; Treasury rate direct electric 
     loans, $1,000,000,000; guaranteed underwriting loans pursuant 
     to section 313A, $1,000,000,000; 5 percent rural 
     telecommunications loans, $145,000,000; cost of money rural 
     telecommunications loans, $250,000,000; and for loans made 
     pursuant to section 306 of that Act, rural telecommunications 
     loans, $125,000,000.
       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, including the cost of 
     modifying loans, of direct and guaranteed loans authorized by 
     sections 305 and 306 of the Rural Electrification Act of 1936 
     (7 U.S.C. 935 and 936), as follows: cost of rural electric 
     loans, $5,058,000, and the cost of telecommunications loans, 
     $100,000: Provided, That notwithstanding section 305(d)(2) of 
     the Rural Electrification Act of 1936, borrower interest 
     rates may exceed 7 percent per year.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $38,323,000 
     which shall

[[Page 15209]]

     be transferred to and merged with the appropriation for 
     ``Rural Development, Salaries and Expenses''.

                  Rural Telephone Bank Program Account


                     (including transfer of funds)

       The Rural Telephone Bank is hereby authorized to make such 
     expenditures, within the limits of funds available to such 
     corporation in accord with law, and to make such contracts 
     and commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out its authorized 
     programs. During fiscal year 2005 and within the resources 
     and authority available, gross obligations for the principal 
     amount of direct loans shall be $175,000,000.
       For administrative expenses, including audits, necessary to 
     carry out the loan programs, $3,152,000, which shall be 
     transferred to and merged with the appropriation for ``Rural 
     Development, Salaries and Expenses''.

         Distance Learning, Telemedicine, and Broadband Program

       For the principal amount of direct distance learning and 
     telemedicine loans, $50,000,000; and for the principal amount 
     of direct broadband telecommunication loans, $464,038,000.
       For the cost of direct loans and grants for telemedicine 
     and distance learning services in rural areas, as authorized 
     by 7 U.S.C. 950aaa et seq., $25,710,000, to remain available 
     until expended, of which $710,000 shall be for direct loans: 
     Provided, That the cost of direct loans shall be as defined 
     in section 502 of the Congressional Budget Act of 1974.
       For the cost of broadband loans, as authorized by 7 U.S.C. 
     901 et seq., $9,884,000: Provided, That the interest rate for 
     such loans shall be the cost of borrowing to the Department 
     of the Treasury for obligations of comparable maturity: 
     Provided further, That the cost of direct loans shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974.
       In addition, $9,000,000, to remain available until 
     expended, for a grant program to finance broadband 
     transmission in rural areas eligible for Distance Learning 
     and Telemedicine Program benefits authorized by 7 U.S.C. 
     950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

    Office of the Under Secretary for Food, Nutrition, and Consumer 
                                Services

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Food, Nutrition, and Consumer Services to 
     administer the laws enacted by the Congress for the Food and 
     Nutrition Service, $595,000.

                       FOOD AND NUTRITION SERVICE

                        Child Nutrition Programs


                     (including transfers of funds)

       For necessary expenses to carry out the National School 
     Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and 
     the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 
     except sections 17 and 21; $11,380,557,000, to remain 
     available through September 30, 2006, of which $6,227,595,000 
     is hereby appropriated and $5,152,962,000 shall be derived by 
     transfer from funds available under section 32 of the Act of 
     August 24, 1935 (7 U.S.C. 612c): Provided, That none of the 
     funds made available under this heading shall be used for 
     studies and evaluations: Provided further, That up to 
     $5,235,000 shall be available for independent verification of 
     school food service claims.

Special Supplemental Nutrition Program for Women, Infants, and Children 
                                 (WIC)

       For necessary expenses to carry out the special 
     supplemental nutrition program as authorized by section 17 of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
     $4,907,250,000, to remain available through September 30, 
     2006: Provided, That of the total amount available, the 
     Secretary shall obligate not less than $15,000,000 for a 
     breastfeeding support initiative in addition to the 
     activities specified in section 17(h)(3)(A): Provided 
     further, That notwithstanding section 17(h)(10)(A) of such 
     Act, $14,000,000 shall be available for the purposes 
     specified in section 17(h)(10)(B): Provided further, That 
     none of the funds made available under this heading shall be 
     used for studies and evaluations: Provided further, That none 
     of the funds in this Act shall be available to pay 
     administrative expenses of WIC clinics except those that have 
     an announced policy of prohibiting smoking within the space 
     used to carry out the program: Provided further, That none of 
     the funds provided in this account shall be available for the 
     purchase of infant formula except in accordance with the cost 
     containment and competitive bidding requirements specified in 
     section 17 of such Act: Provided further, That none of the 
     funds provided shall be available for activities that are not 
     fully reimbursed by other Federal Government departments or 
     agencies unless authorized by section 17 of such Act.

                           Food Stamp Program

       For necessary expenses to carry out the Food Stamp Act (7 
     U.S.C. 2011 et seq.), $33,635,798,000, of which 
     $3,000,000,000 to remain available through September 30, 
     2006, shall be placed in reserve for use only in such amounts 
     and at such times as may become necessary to carry out 
     program operations: Provided, That none of the funds made 
     available under this heading shall be used for studies and 
     evaluations: Provided further, That of the funds made 
     available under this heading and not already appropriated to 
     the Food Distribution Program on Indian Reservations (FDPIR) 
     established under section 4(b) of the Food Stamp Act of 1977 
     (7 U.S.C. 2013(b)), not to exceed $4,000,000 shall be used to 
     purchase bison meat for the FDPIR from Native American bison 
     producers: Provided further, That funds provided herein shall 
     be expended in accordance with section 16 of the Food Stamp 
     Act: Provided further, That this appropriation shall be 
     subject to any work registration or workfare requirements as 
     may be required by law: Provided further, That funds made 
     available for Employment and Training under this heading 
     shall remain available until expended, as authorized by 
     section 16(h)(1) of the Food Stamp Act: Provided further, 
     That notwithstanding section 5(d) of the Food Stamp Act of 
     1977, any additional payment received under chapter 5 of 
     title 37, United States Code, by a member of the United 
     States Armed Forces deployed to a designated combat zone 
     shall be excluded from household income for the duration of 
     the member's deployment if the additional pay is the result 
     of deployment to or while serving in a combat zone, and it 
     was not received immediately prior to serving in the combat 
     zone.

                      Commodity Assistance Program

       For necessary expenses to carry out disaster assistance and 
     the commodity supplemental food program as authorized by 
     section 4(a) of the Agriculture and Consumer Protection Act 
     of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance 
     Act of 1983; and special assistance for the nuclear affected 
     islands, as authorized by section 103(f)(2) of the Compact of 
     Free Association Amendments Act of 2003 (Public Law 108-188); 
     and the Farmers' Market Nutrition Program, as authorized by 
     section 17(m) of the Child Nutrition Act of 1966, 
     $178,797,000, to remain available through September 30, 2006: 
     Provided, That none of these funds shall be available to 
     reimburse the Commodity Credit Corporation for commodities 
     donated to the program.

                   Nutrition Programs Administration

       For necessary administrative expenses of the domestic 
     nutrition assistance programs funded under this Act, 
     $133,742,000, of which $5,000,000 shall be available only for 
     simplifying procedures, reducing overhead costs, tightening 
     regulations, improving food stamp benefit delivery, and 
     assisting in the prevention, identification, and prosecution 
     of fraud and other violations of law: Provided, That none of 
     the funds made available under this heading may be used to 
     pay the salaries and expenses of employees of the Food and 
     Nutrition Service to review, evaluate, or approve State Plans 
     under the Special Supplemental Nutrition Program for Women, 
     Infants and Children (WIC) that provide for vendors to 
     operate stores that cater only to WIC participants if these 
     type stores did not operate in that State prior to fiscal 
     year 2005.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      FOREIGN AGRICULTURAL SERVICE

                         Salaries and Expenses


                     (including transfers of funds)

       For necessary expenses of the Foreign Agricultural Service, 
     including carrying out title VI of the Agricultural Act of 
     1954 (7 U.S.C. 1761-1768), market development activities 
     abroad, and for enabling the Secretary to coordinate and 
     integrate activities of the Department in connection with 
     foreign agricultural work, including not to exceed $158,000 
     for representation allowances and for expenses pursuant to 
     section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 
     $137,722,000: Provided, That the Service may utilize advances 
     of funds, or reimburse this appropriation for expenditures 
     made on behalf of Federal agencies, public and private 
     organizations and institutions under agreements executed 
     pursuant to the agricultural food production assistance 
     programs (7 U.S.C. 1737) and the foreign assistance programs 
     of the United States Agency for International Development.

                 Public Law 480 Title I Program Account


                     (including transfers of funds)

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of agreements under the 
     Agricultural Trade Development and Assistance Act of 1954, 
     and the Food for Progress Act of 1985, including the cost of 
     modifying credit arrangements under said Acts, $86,420,000, 
     to remain available until expended: Provided, That the 
     Secretary of Agriculture may implement a commodity 
     monetization program under existing provisions of the Food 
     for Progress Act of 1985 to provide no less than $5,000,000 
     in local-currency funding support for rural electrification 
     development overseas.
       In addition, for administrative expenses to carry out the 
     credit program of title I, Public Law 83-480, and the Food 
     for Progress Act of 1985, to the extent funds appropriated 
     for Public Law 83-480 are utilized, $2,371,000, of which 
     $1,102,000 may be transferred to and merged with the 
     appropriation for ``Foreign

[[Page 15210]]

     Agricultural Service, Salaries and Expenses'', and of which 
     $1,269,000 may be transferred to and merged with the 
     appropriation for ``Farm Service Agency, Salaries and 
     Expenses''.

        Public Law 480 Title I Ocean Freight Differential Grants


                     (including transfer of funds)

       For ocean freight differential costs for the shipment of 
     agricultural commodities under title I of the Agricultural 
     Trade Development and Assistance Act of 1954 and under the 
     Food for Progress Act of 1985, $22,723,000, to remain 
     available until expended: Provided, That funds made available 
     for the cost of agreements under title I of the Agricultural 
     Trade Development and Assistance Act of 1954 and for title I 
     ocean freight differential may be used interchangeably 
     between the two accounts with prior notice to the Committees 
     on Appropriations of both Houses of Congress.

                     Public Law 480 Title II Grants

       For expenses during the current fiscal year, not otherwise 
     recoverable, and unrecovered prior years' costs, including 
     interest thereon, under the Agricultural Trade Development 
     and Assistance Act of 1954, for commodities supplied in 
     connection with dispositions abroad under title II of said 
     Act, $1,180,002,000, to remain available until expended.

       Commodity Credit Corporation Export Loans Program Account


                     (including transfers of funds)

       For administrative expenses to carry out the Commodity 
     Credit Corporation's export guarantee program, GSM 102 and 
     GSM 103, $4,473,000; to cover common overhead expenses as 
     permitted by section 11 of the Commodity Credit Corporation 
     Charter Act and in conformity with the Federal Credit Reform 
     Act of 1990, of which $3,440,000 may be transferred to and 
     merged with the appropriation for ``Foreign Agricultural 
     Service, Salaries and Expenses'', and of which $1,033,000 may 
     be transferred to and merged with the appropriation for 
     ``Farm Service Agency, Salaries and Expenses''.

  McGovern-Dole International Food for Education and Child Nutrition 
                             Program Grants

       For necessary expenses to carry out the provisions of 
     section 3107 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 1736o-1), $75,000,000, to remain available 
     until expended: Provided, That the Commodity Credit 
     Corporation is authorized to provide the services, 
     facilities, and authorities for the purpose of implementing 
     such section, subject to reimbursement from amounts provided 
     herein.

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      FOOD AND DRUG ADMINISTRATION

                         Salaries and Expenses


                     (including transfers of funds)

       For necessary expenses of the Food and Drug Administration, 
     including hire and purchase of passenger motor vehicles; for 
     payment of space rental and related costs pursuant to Public 
     Law 92-313 for programs and activities of the Food and Drug 
     Administration which are included in this Act; for rental of 
     special purpose space in the District of Columbia or 
     elsewhere; for miscellaneous and emergency expenses of 
     enforcement activities, authorized and approved by the 
     Secretary and to be accounted for solely on the Secretary's 
     certificate, not to exceed $25,000; and notwithstanding 
     section 521 of Public Law 107-188; $1,788,849,000: Provided, 
     That of the amount provided under this heading, $284,394,000 
     shall be derived from prescription drug user fees authorized 
     by 21 U.S.C. 379h, and shall be credited to this account and 
     remain available until expended: Provided further, That this 
     amount shall not include any fees pursuant to 21 U.S.C. 
     379h(a)(2) and (a)(3) assessed for fiscal year 2006 but 
     collected in fiscal year 2005; $33,938,000 shall be derived 
     from medical device user fees authorized by 21 U.S.C. 379j, 
     and shall be credited to this account and remain available 
     until expended; and $8,000,000 shall be derived from animal 
     drug user fees authorized by 21 U.S.C. 379j, and shall be 
     credited to this account and remain available until expended: 
     Provided further, That fees derived from prescription drug, 
     medical device, and animal drug assessments received during 
     fiscal year 2005, including any such fees assessed prior to 
     the current fiscal year but credited during the current year, 
     shall be subject to the fiscal year 2005 limitation: Provided 
     further, That none of these funds shall be used to develop, 
     establish, or operate any program of user fees authorized by 
     31 U.S.C. 9701: Provided further, That of the total amount 
     appropriated: (1) $446,655,000 shall be for the Center for 
     Food Safety and Applied Nutrition and related field 
     activities in the Office of Regulatory Affairs; (2) 
     $499,255,000 shall be for the Center for Drug Evaluation and 
     Research and related field activities in the Office of 
     Regulatory Affairs; (3) $172,414,000 shall be for the Center 
     for Biologics Evaluation and Research and for related field 
     activities in the Office of Regulatory Affairs; (4) 
     $98,610,000 shall be for the Center for Veterinary Medicine 
     and for related field activities in the Office of Regulatory 
     Affairs; (5) $232,578,000 shall be for the Center for Devices 
     and Radiological Health and for related field activities in 
     the Office of Regulatory Affairs; (6) $40,530,000 shall be 
     for the National Center for Toxicological Research; (7) 
     $52,722,000 shall be for Rent and Related activities, other 
     than the amounts paid to the General Services Administration 
     for rent; (8) $129,815,000 shall be for payments to the 
     General Services Administration for rent; and (9) 
     $116,270,000 shall be for other activities, including the 
     Office of the Commissioner; the Office of Management and 
     Systems; the Office of External Relations; the Office of 
     Policy and Planning; and central services for these offices: 
     Provided further, That funds may be transferred from one 
     specified activity to another with the prior approval of the 
     Committees on Appropriations of both Houses of Congress.
       In addition, mammography user fees authorized by 42 U.S.C. 
     263b may be credited to this account, to remain available 
     until expended.
       In addition, export certification user fees authorized by 
     21 U.S.C. 381 may be credited to this account, to remain 
     available until expended.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

       For necessary expenses to carry out the provisions of the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.), including the 
     purchase and hire of passenger motor vehicles, and the rental 
     of space (to include multiple year leases) in the District of 
     Columbia and elsewhere, $93,327,000, including not to exceed 
     $3,000 for official reception and representation expenses.

                       FARM CREDIT ADMINISTRATION

                 Limitation on Administrative Expenses

       Not to exceed $42,900,000 (from assessments collected from 
     farm credit institutions and from the Federal Agricultural 
     Mortgage Corporation) shall be obligated during the current 
     fiscal year for administrative expenses as authorized under 
     12 U.S.C. 2249: Provided, That this limitation shall not 
     apply to expenses associated with receiverships.

                     TITLE VII--GENERAL PROVISIONS


                    (including rescissions of funds)

       Sec. 701. Within the unit limit of cost fixed by law, 
     appropriations and authorizations made for the Department of 
     Agriculture for the current fiscal year under this Act shall 
     be available for the purchase, in addition to those 
     specifically provided for, of not to exceed 388 passenger 
     motor vehicles, of which 388 shall be for replacement only, 
     and for the hire of such vehicles.
       Sec. 702. Funds in this Act available to the Department of 
     Agriculture shall be available for uniforms or allowances 
     therefor as authorized by law (5 U.S.C. 5901-5902).
       Sec. 703. Funds appropriated by this Act shall be available 
     for employment pursuant to the second sentence of section 
     706(a) of the Department of Agriculture Organic Act of 1944 
     (7 U.S.C. 2225) and 5 U.S.C. 3109.
       Sec. 704. New obligational authority provided for the 
     following appropriation items in this Act shall remain 
     available until expended: Animal and Plant Health Inspection 
     Service, the contingency fund to meet emergency conditions, 
     information technology infrastructure, fruit fly program, 
     emerging plant pests, boll weevil program, up to $12,000,000 
     in the low pathogen avian influenza program for indemnities, 
     up to $33,197,000 in animal health monitoring and 
     surveillance for the animal identification system, up to 
     $3,000,000 in the emergency management systems program for 
     the vaccine bank, and up to 25 percent of the screwworm 
     program; Food Safety and Inspection Service, field automation 
     and information management project; Cooperative State 
     Research, Education, and Extension Service, funds for 
     competitive research grants (7 U.S.C. 450i(b)), funds for the 
     Research, Education, and Economics Information System 
     (REEIS), and funds for the Native American Institutions 
     Endowment Fund; Farm Service Agency, salaries and expenses 
     funds made available to county committees; Foreign 
     Agricultural Service, middle-income country training program, 
     and up to $2,000,000 of the Foreign Agricultural Service 
     appropriation solely for the purpose of offsetting 
     fluctuations in international currency exchange rates, 
     subject to documentation by the Foreign Agricultural Service.
       Sec. 705. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 706. Not to exceed $50,000 of the appropriations 
     available to the Department of Agriculture in this Act shall 
     be available to provide appropriate orientation and language 
     training pursuant to section 606C of the Act of August 28, 
     1954 (7 U.S.C. 1766b).
       Sec. 707. No funds appropriated by this Act may be used to 
     pay negotiated indirect cost rates on cooperative agreements 
     or similar arrangements between the United States Department 
     of Agriculture and nonprofit institutions in excess of 10 
     percent of the total direct cost of the agreement when the 
     purpose of such cooperative arrangements is to carry out 
     programs of mutual interest between the

[[Page 15211]]

     two parties. This does not preclude appropriate payment of 
     indirect costs on grants and contracts with such institutions 
     when such indirect costs are computed on a similar basis for 
     all agencies for which appropriations are provided in this 
     Act.
       Sec. 708. None of the funds in this Act shall be available 
     to restrict the authority of the Commodity Credit Corporation 
     to lease space for its own use or to lease space on behalf of 
     other agencies of the Department of Agriculture when such 
     space will be jointly occupied.
       Sec. 709. None of the funds in this Act shall be available 
     to pay indirect costs charged against competitive 
     agricultural research, education, or extension grant awards 
     issued by the Cooperative State Research, Education, and 
     Extension Service that exceed 25 percent of total Federal 
     funds provided under each award: Provided, That 
     notwithstanding section 1462 of the National Agricultural 
     Research, Extension, and Teaching Policy Act of 1977 (7 
     U.S.C. 3310), funds provided by this Act for grants awarded 
     competitively by the Cooperative State Research, Education, 
     and Extension Service shall be available to pay full 
     allowable indirect costs for each grant awarded under section 
     9 of the Small Business Act (15 U.S.C. 638).
       Sec. 710. Notwithstanding any other provision of this Act, 
     all loan levels provided in this Act shall be considered 
     estimates, not limitations.
       Sec. 711. Appropriations to the Department of Agriculture 
     for the cost of direct and guaranteed loans made available in 
     the current fiscal year shall remain available until expended 
     to cover obligations made in the current fiscal year for the 
     following accounts: the Rural Development Loan Fund program 
     account, the Rural Telephone Bank program account, the Rural 
     Electrification and Telecommunication Loans program account, 
     and the Rural Housing Insurance Fund program account.
       Sec. 712. None of the funds in this Act may be used to 
     retire more than 5 percent of the Class A stock of the Rural 
     Telephone Bank or to maintain any account or subaccount 
     within the accounting records of the Rural Telephone Bank the 
     creation of which has not specifically been authorized by 
     statute: Provided, That notwithstanding any other provision 
     of law, none of the funds appropriated or otherwise made 
     available in this Act may be used to transfer to the Treasury 
     or to the Federal Financing Bank any unobligated balance of 
     the Rural Telephone Bank telephone liquidating account which 
     is in excess of current requirements and such balance shall 
     receive interest as set forth for financial accounts in 
     section 505(c) of the Federal Credit Reform Act of 1990.
       Sec. 713. Of the funds made available by this Act, not more 
     than $1,800,000 shall be used to cover necessary expenses of 
     activities related to all advisory committees, panels, 
     commissions, and task forces of the Department of 
     Agriculture, except for panels used to comply with negotiated 
     rule makings and panels used to evaluate competitively 
     awarded grants.
       Sec. 714. None of the funds appropriated by this Act may be 
     used to carry out section 410 of the Federal Meat Inspection 
     Act (21 U.S.C. 679a) or section 30 of the Poultry Products 
     Inspection Act (21 U.S.C. 471).
       Sec. 715. No employee of the Department of Agriculture may 
     be detailed or assigned from an agency or office funded by 
     this Act to any other agency or office of the Department for 
     more than 30 days unless the individual's employing agency or 
     office is fully reimbursed by the receiving agency or office 
     for the salary and expenses of the employee for the period of 
     assignment.
       Sec. 716. None of the funds appropriated or otherwise made 
     available to the Department of Agriculture shall be used to 
     transmit or otherwise make available to any non-Department of 
     Agriculture employee questions or responses to questions that 
     are a result of information requested for the appropriations 
     hearing process.
       Sec. 717. None of the funds made available to the 
     Department of Agriculture by this Act may be used to acquire 
     new information technology systems or significant upgrades, 
     as determined by the Office of the Chief Information Officer, 
     without the approval of the Chief Information Officer and the 
     concurrence of the Executive Information Technology 
     Investment Review Board: Provided, That notwithstanding any 
     other provision of law, none of the funds appropriated or 
     otherwise made available by this Act may be transferred to 
     the Office of the Chief Information Officer.
       Sec. 718. (a) Notwithstanding any other provision of law, 
     none of the funds provided by this Act, or provided by 
     previous Appropriations Acts to the agencies funded by this 
     Act that remain available for obligation or expenditure in 
     the current fiscal year, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds which: (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) reorganizes offices, programs, or 
     activities; or (6) contracts out or privatizes any functions 
     or activities presently performed by Federal employees.
       (b) Notwithstanding any other provision of law, none of the 
     funds provided by this Act, or provided by previous 
     Appropriations Acts to the agencies funded by this Act that 
     remain available for obligation or expenditure in the current 
     fiscal year, or provided from any accounts in the Treasury of 
     the United States derived by the collection of fees available 
     to the agencies funded by this Act, shall be available for 
     obligation or expenditure for activities, programs, or 
     projects through a reprogramming of funds in excess of 
     $500,000 or 10 percent, whichever is less, that: (1) augments 
     existing programs, projects, or activities; (2) reduces by 10 
     percent funding for any existing program, project, or 
     activity, or numbers of personnel by 10 percent as approved 
     by Congress; or (3) results from any general savings from a 
     reduction in personnel which would result in a change in 
     existing programs, activities, or projects as approved by 
     Congress.
       (c) The Secretary of Agriculture, the Secretary of Health 
     and Human Services, or the Chairman of the Commodity Futures 
     Trading Commission shall notify the Committees on 
     Appropriations of both Houses of Congress before implementing 
     a program or activity not carried out during the previous 
     fiscal year unless the program or activity is funded by this 
     Act or specifically funded by any other Act.
       Sec. 719. With the exception of funds needed to administer 
     and conduct oversight of grants awarded and obligations 
     incurred in prior fiscal years, none of the funds 
     appropriated or otherwise made available by this or any other 
     Act may be used to pay the salaries and expenses of personnel 
     to carry out the provisions of section 401 of Public Law 105-
     185, the Initiative for Future Agriculture and Food Systems 
     (7 U.S.C. 7621). Funds under section 401 for fiscal year 2005 
     are hereby cancelled.
       Sec. 720. None of the funds appropriated by this or any 
     other Act shall be used to pay the salaries and expenses of 
     personnel who prepare or submit appropriations language as 
     part of the President's Budget submission to the Congress of 
     the United States for programs under the jurisdiction of the 
     Appropriations Subcommittees on Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies that assumes revenues or reflects a reduction from 
     the previous year due to user fees proposals that have not 
     been enacted into law prior to the submission of the Budget 
     unless such Budget submission identifies which additional 
     spending reductions should occur in the event the user fees 
     proposals are not enacted prior to the date of the convening 
     of a committee of conference for the fiscal year 2006 
     appropriations Act.
       Sec. 721. None of the funds made available by this or any 
     other Act may be used to close or relocate a state Rural 
     Development office unless or until cost effectiveness and 
     enhancement of program delivery have been determined.
       Sec. 722. In addition to amounts otherwise appropriated or 
     made available by this Act, $2,500,000 is appropriated for 
     the purpose of providing Bill Emerson and Mickey Leland 
     Hunger Fellowships, through the Congressional Hunger Center.
       Sec. 723. Notwithstanding section 412 of the Agricultural 
     Trade Development and Assistance Act of 1954 (7 U.S.C. 
     1736f), any balances available to carry out title III of such 
     Act as of the date of enactment of this Act, and any 
     recoveries and reimbursements that become available to carry 
     out title III of such Act, may be used to carry out title II 
     of such Act.
       Sec. 724. Section 375(e)(6)(B) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by 
     striking ``$26,998,000'' and inserting ``$27,498,000''.
       Sec. 725. None of the funds appropriated or otherwise made 
     available by this Act shall be used to pay the salaries and 
     expenses of personnel to collect from the lender at the time 
     of issuance a guarantee fee of less than 2 percent of the 
     principal obligation of guaranteed single-family housing 
     loans administered by the Rural Housing Service.
       Sec. 726. Notwithstanding any other provision of law, the 
     Secretary shall consider the City of Salinas, California; the 
     City of Watsonville, California; the City of Hollister, 
     California; the Town of Ulster, New York; County of Cleburne, 
     Alabama; the City of Coachella, California; the City of Casa 
     Grande, Arizona; the City of Creedmoor, North Carolina; the 
     City of Eureka, California; the City of Clarksdale, 
     Mississippi; the City of Vicksburg, Mississippi; the City of 
     Wewahitchka, Florida; the Town of Horseshoe Beach, Florida; 
     and the City of Carbondale, Illinois, as meeting the 
     eligibility requirements for loan and grant programs in the 
     Rural Development mission area.
       Sec. 727. Notwithstanding any other provision of law, the 
     Natural Resources Conservation Service shall provide 
     financial and technical assistance to the DuPage County, 
     Illinois, Kress Creek Water Quality Enhancement Project, from 
     funds available for the Watershed and Flood Prevention 
     Operations program, not to exceed $1,360,000 and

[[Page 15212]]

     Rockhouse Creek Watershed, Leslie County, Kentucky, not to 
     exceed $1,000,000.
       Sec. 728. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this or 
     any other appropriation Act.
       Sec. 729. Notwithstanding any other provision of law, of 
     the funds made available in this Act for competitive research 
     grants (7 U.S.C. 450i(b)), the Secretary may use up to 20 
     percent of the amount provided to carry out a competitive 
     grants program under the same terms and conditions as those 
     provided in section 401 of the Agricultural Research, 
     Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
       Sec. 730. None of the funds appropriated or made available 
     by this or any other Act may be used to pay the salaries and 
     expenses of personnel to carry out section 14(h)(1) of the 
     Watershed Protection and Flood Prevention Act (16 U.S.C. 
     1012(h)(1)).
       Sec. 731. None of the funds appropriated or made available 
     by this or any other Act may be used to pay the salaries and 
     expenses of personnel to carry out subtitle I of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd 
     through dd-7).
       Sec. 732. None of the funds appropriated or made available 
     by this or any other Act may be used to pay the salaries and 
     expenses of personnel to carry out section 6405 of Public Law 
     107-171 (7 U.S.C. 2655).
       Sec. 733. The Agricultural Marketing Service and the Grain 
     Inspection, Packers and Stockyards Administration, that have 
     statutory authority to purchase interest bearing investments 
     outside of the Treasury, are not required to establish 
     obligations and outlays for those investments, provided those 
     investments are insured by the Federal Deposit Insurance 
     Corporation or are collateralized at the Federal Reserve with 
     securities approved by the Federal Reserve, operating under 
     the guidelines of the United States Department of the 
     Treasury.
       Sec. 734. Of the funds made available under section 27(a) 
     of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the 
     Secretary may use up to $10,000,000 for costs associated with 
     the distribution of commodities.
       Sec. 735. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to enroll in excess of 
     175,000 acres in the calendar year 2005 wetlands reserve 
     program as authorized by 16 U.S.C. 3837.
       Sec. 736. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel who carry out an 
     environmental quality incentives program authorized by 
     chapter 4 of subtitle D of title XII of the Food Security Act 
     of 1985 (16 U.S.C. 3839aa et seq.) in excess of 
     $1,010,000,000.
       Sec. 737. The Secretary of Agriculture is authorized to 
     permit employees of the United States Department of 
     Agriculture to carry and use firearms for personal protection 
     while conducting field work in remote locations in the 
     performance of their official duties.
       Sec. 738. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to expend the $23,000,000 
     made available by section 9006(f) of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8106(f)).
       Sec. 739. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out a Broadband 
     Program as authorized by 601(j)(A) of 7 U.S.C. 
     950bb(j)(1)(A). $40,000,000 of the funds available under such 
     section are hereby cancelled.
       Sec. 740. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out a Value-added 
     grant program as authorized by 231(b)(4) of 7 U.S.C. 1621 
     note. $80,000,000 of the funds available under such section 
     are hereby cancelled.
       Sec. 741. Notwithstanding subsections (c) and (e)(2) of 
     section 313A of the Rural Electrification Act (7 U.S.C. 
     940c(c) and (e)(2)) in implementing section 313A of that Act, 
     the Secretary shall, with the consent of the lender, 
     structure the schedule for payment of the annual fee, not to 
     exceed an average of 30 basis points per year for the term of 
     the loan, to ensure that sufficient funds are available to 
     pay the subsidy costs for note guarantees under that section.
       Sec. 742. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out a 
     Conservation Security Program authorized by 16 U.S.C. 3838, 
     et seq., in excess of $194,411,000.
       Sec. 743. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out a wildlife 
     habitat incentives program authorized under section 2502 of 
     Public Law 107-171, the Farm Security and Rural Investment 
     Act of 2002, in excess of $60,000,000.
       Sec. 744. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out section 2503 
     of Public Law 107-171, the Farm Security and Rural Investment 
     Act of 2002, in excess of $112,044,000.
       Sec. 745. The Secretary of Agriculture shall use $1,000,000 
     of the funds of the Commodity Credit Corporation, to remain 
     available until expended, to compensate commercial citrus and 
     lime growers in the State of Florida for tree replacement and 
     for lost production with respect to trees removed to control 
     citrus canker, and with respect to certified citrus nursery 
     stocks within the citrus canker quarantine areas, as 
     determined by the Secretary. For a grower to receive 
     assistance for a tree under this section, the tree must have 
     been removed after September 30, 2001.
       Sec. 746. None of the funds appropriated or otherwise made 
     available by this, or any other Act, may be used to pay the 
     salaries and expenses of personnel to carry out Subtitle H 
     (the Rural Business Investment Program) of the Consolidated 
     Farm and Rural Development Act, as amended by the Farm 
     Security and Rural Investment Act of 2002 (Public Law 107-
     171).
       Sec. 747. None of the funds appropriated or otherwise made 
     available in this Act shall be expended to violate Public Law 
     105-264.
       Sec. 748. None of the funds made available by this Act may 
     be used to issue a final rule in furtherance of, or otherwise 
     implement, the proposed rule on cost-sharing for animal and 
     plant health emergency programs of the Animal and Plant 
     Health Inspection Service published on July 8, 2003 (Docket 
     No. 02-062-1; 68 Fed. Reg. 40541).
       Sec. 749. None of the funds made available in this Act may 
     be used to study, complete a study of, or enter into a 
     contract with a private party to carry out, without specific 
     authorization in a subsequent Act of Congress, a competitive 
     sourcing activity of the Secretary of Agriculture, including 
     support personnel of the Department of Agriculture, relating 
     to rural development or farm loan programs.
       Sec. 750. Notwithstanding any other provision of law, the 
     Secretary of Agriculture may use appropriations available to 
     the Secretary for activities authorized under sections 426-
     426c of title 7, United States Code, under this or any other 
     Act, to enter into cooperative agreements, with a State, 
     political subdivision, or agency thereof, a public or private 
     agency, organization, or any other person, to lease aircraft 
     if the Secretary determines that the objectives of the 
     agreement will: (1) serve a mutual interest of the parties to 
     the agreement in carrying out the programs administered by 
     the Animal and Plant Health Inspection Service, Wildlife 
     Services; and (2) all parties will contribute resources to 
     the accomplishment of these objectives; award of a 
     cooperative agreement authorized by the Secretary may be made 
     for an initial term not to exceed 5 years.
       Sec. 751. Of the unobligated balances in the Local 
     Television Loan Guarantee Program account, $88,000,000, are 
     hereby rescinded.
       Sec. 752. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out section 9010 
     of Public Law 107-171, the Farm Security and Rural Investment 
     Act of 2002, in excess of $100,000,000.
       Sec. 753. The matter under the heading ``Rural Community 
     Advancement Program'' in division A--Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Programs Appropriations, 2004, title III--Rural 
     Development Programs, in Public Law 108-199 is amended by 
     striking ``$1,750,000 shall be for grants to the Delta 
     Regional Authority (7 U.S.C. 1921 et seq.); and not less than 
     $2,000,000 shall be available for grants in accordance with 
     section 310B(f) of the Consolidated Farm and Rural 
     Development Act'' and inserting ``and not less than 
     $2,000,000 shall be available for grants in accordance with 
     section 310B(f) of the Consolidated Farm and Rural 
     Development Act: Provided further, That of the total amount 
     appropriated in this account, $1,750,000 shall be for grants 
     to the Delta Regional Authority (7 U.S.C. 1921 et seq.) for 
     any Rural Community Advancement Program purpose''.
       Sec. 754. Of the unobligated balances available in the 
     Rural Housing Assistance Grant Program account, $1,000,000 is 
     hereby rescinded.
       Sec. 755. Of the unobligated balances available in the 
     Rural Housing Insurance Fund Program account, $3,000,000 is 
     hereby rescinded.
       Sec. 756. Funds made available under section 1240I and 
     section 1241(a) of the Food Security Act of 1985 in fiscal 
     years 2002, 2003, 2004, and 2005 shall remain available until 
     expended to cover obligations made in fiscal years 2002, 
     2003, 2004, and 2005, respectively: Provided, That 
     unobligated funds that are available at the end of each 
     fiscal year are returned to the Treasury.
       Sec. 757. None of the funds appropriated or otherwise made 
     available by this Act for the Food and Drug Administration 
     may be used under section 801 of the Federal Food, Drug, and 
     Cosmetic Act to prevent an individual not in the business of 
     importing a prescription drug within the meaning of section 
     801(g) of such Act, wholesalers, or pharmacists from 
     importing a prescription drug

[[Page 15213]]

     which complies with sections 501, 502, and 505.
       Sec. 758. Section 502(h)(6)(C) of the Housing Act of 1949 
     (42 U.S.C. 1472(h)(6)(C)) is amended by adding, ``, plus the 
     guarantee fee as authorized by subsection (h)(7)'' after the 
     phrase, ``whichever is less'', in each of paragraphs (i) and 
     (ii).
       This Act may be cited as the ``Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2005''.

  The CHAIRMAN. No further amendment to the bill may be offered except 
pro forma amendments offered at any point in the reading by the 
chairman or ranking minority member of the Committee on Appropriations 
or their designees for the purpose of debate; amendments 4, 5, 6, 8, 
and 12; amendments 7, 10, and 13, each of which shall be debatable for 
20 minutes; an amendment by the gentlewoman from Ohio (Ms. Kaptur) 
regarding Farmers Market Promotion Program, which will be debatable for 
20 minutes; an amendment by the gentlewoman from Ohio (Ms. Kaptur) 
regarding outsourcing, which shall be debatable for 20 minutes; an 
amendment by the gentleman from California (Mr. Baca) regarding Office 
of Assistant Secretary of Civil Rights; an amendment by the gentleman 
from Washington (Mr. Baird) regarding livestock compensation; an 
amendment by the gentleman from Ohio (Mr. Brown) regarding 
fluoroquinolone; an amendment by the gentleman from New York (Mr. 
Hinchey) regarding FDA, which shall be debatable for 20 minutes; an 
amendment by the gentlewoman from New York (Mrs. Maloney) regarding 
contraceptives, which shall be debatable for 40 minutes; an amendment 
by the gentleman from Wisconsin (Mr. Obey) regarding information 
technology systems; an amendment by the gentleman from Wisconsin (Mr. 
Obey) regarding circular A-76; an amendment by the gentleman from 
Arizona (Mr. Flake) regarding tobacco, which will be debatable for 40 
minutes; an amendment by the gentleman from Vermont (Mr. Sanders) 
regarding agriculture tourism, which shall be debatable for 14 minutes; 
and an amendment by the gentleman from Colorado (Mr. Tancredo) 
regarding food stamps, which shall be debatable for 20 minutes.
  Each such amendment may be offered only by the Member designated in 
the request, or a designee, or the Member who caused it to be printed 
in the Record, or a designee, shall be considered as read, shall not be 
subject to amendment, and shall not be subject to a demand for a 
division of the question.
  Except as otherwise specified, each amendment shall be debatable for 
10 minutes, equally divided and controlled by the proponent and an 
opponent. An amendment shall be considered to fit the description 
stated in the request if it addresses in whole or in part the object 
described.


                             Point of Order

  Mr. TOM DAVIS of Virginia. Mr. Chairman, I raise a point of order 
against section 717. This provision violates clause 2(b) of House rule 
XXI. It proposes to change existing law and therefore constitutes 
legislation on an appropriation bill in violation of House rules.
  The CHAIRMAN. Does any Member wish to be heard on the point of order?
  Mr. OBEY. Mr. Chairman, I wish to be heard on the point of order.
  Mr. Chairman, my understanding of the situation before us is that the 
gentleman from Virginia is objecting to section 717 of the bill 
beginning on page 66 which attempts to discipline the agency because 
the Committee on Appropriations has learned that USDA had transferred 
millions of dollars for agency funds to the Chief Information Officer 
of the Department for some of his favorite initiatives, contrary to the 
written advice of the USDA general counsel.
  My understanding further is that these actions are in direct and 
total defiance of the Congress on this issue. They directly violate 
specific bill language in the fiscal 2004 bill which prohibited such 
transfers without the prior approval of both of the appropriation 
committees in the Senate and the House.
  Mr. Chairman, if the gentleman insists on pursuing his point of 
order, the only practical effect will be that the Congress has declined 
to take any disciplinary action whatsoever against the agency after the 
agency has determined that it is acceptable to expend taxpayers' money 
in defiance of the law. I regret very much that the gentleman seeks to 
eliminate this language. If he does, there is not much that I can do 
about it, but I think it is a shame indeed when the Congress of the 
United States will not insist that an agency expends money only in 
compliance with the law.
  The CHAIRMAN. Does anyone else wish to be heard on the point of 
order?
  The Chair is prepared to rule.
  The Chair finds that this provision includes language that explicitly 
supersedes existing law and requires a new determination by, and places 
new duties on, the Chief Information Officer.
  The provision therefore constitutes legislation in violation of 
clause 2 of rule XXI.
  The point of order is sustained and the provision is stricken from 
the bill.


                             Point of Order

  Mr. GOODLATTE. Mr. Chairman, I make a point of order against section 
751 of title VII in that it violates House rule XXI, clause 2 by 
changing existing law and inserting legislative language in an 
appropriation bill.
  The CHAIRMAN. The gentleman from Virginia is recognized to speak on 
the point of order.
  Mr. GOODLATTE. Mr. Chairman, section 751 of the bill rescinds $88 
million from the Local Television Loan Guarantee Program account. This 
rescission terminates this program and is an attempt to authorize 
legislation in an appropriations bill in violation of clause 2 of rule 
XXI. I urge that the point of order be sustained and the section be 
stricken from the bill.
  The CHAIRMAN. Does anyone else wish to be heard on the point of 
order?
  The Chair is prepared to rule.
  The provision identified in the point of order by the gentleman from 
Virginia rescinds budget authority provided in a law other than an 
appropriation act. As such, the provision constitutes legislation on an 
appropriation bill in violation of clause 2 of rule XXI. The point of 
order is sustained, and the provision is stricken from the bill.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments on which further proceedings were 
postponed in the following order: amendment by the gentlewoman from 
Oregon (Ms. Hooley) and amendment by the gentleman from New York (Mr. 
Weiner).
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


               Amendment Offered by Ms. Hooley of Oregon

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentlewoman from Oregon (Ms. Hooley) on 
which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will designate the amendment.
  The Clerk designated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 260, 
noes 160, not voting 13, as follows:

                             [Roll No. 363]

                               AYES--260

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Bartlett (MD)
     Bass
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Boehlert
     Bono
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Burns
     Calvert
     Capps
     Capuano
     Cardin
     Cardoza
     Case
     Chandler
     Clay
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Dreier
     Edwards
     Ehlers

[[Page 15214]]


     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Foley
     Ford
     Fossella
     Frank (MA)
     Frost
     Gallegly
     Gerlach
     Gonzalez
     Gordon
     Green (TX)
     Green (WI)
     Grijalva
     Gutierrez
     Harman
     Harris
     Hastings (FL)
     Hastings (WA)
     Hefley
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jefferson
     John
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kleczka
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Maloney
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Nethercutt
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Platts
     Pombo
     Pomeroy
     Price (NC)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Reyes
     Rodriguez
     Rogers (MI)
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Shays
     Sherman
     Shimkus
     Shuster
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Whitfield
     Woolsey
     Wu
     Wynn

                               NOES--160

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Barton (TX)
     Beauprez
     Biggert
     Bishop (UT)
     Blunt
     Boehner
     Bonilla
     Bonner
     Boozman
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burr
     Burton (IN)
     Buyer
     Camp
     Cannon
     Cantor
     Capito
     Carson (OK)
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Duncan
     Dunn
     Emerson
     English
     Everett
     Feeney
     Ferguson
     Flake
     Forbes
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Greenwood
     Hall
     Hart
     Hayes
     Hayworth
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kennedy (MN)
     King (IA)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas (OK)
     McCotter
     McCrery
     McInnis
     Miller (FL)
     Miller (MI)
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Porter
     Portman
     Pryce (OH)
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Ros-Lehtinen
     Rush
     Ryan (WI)
     Ryun (KS)
     Schrock
     Sessions
     Shadegg
     Shaw
     Sherwood
     Simpson
     Smith (MI)
     Smith (TX)
     Tauzin
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Walsh
     Weldon (FL)
     Weller
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--13

     Carson (IN)
     Collins
     Deutsch
     Dooley (CA)
     Gephardt
     Gutknecht
     Isakson
     Istook
     Jackson-Lee (TX)
     Lee
     Majette
     Saxton
     Vitter


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. Miller of Florida) (during the vote). 
Members are advised that the voting machine may not be operational. 
Before the Members leave the Chamber, members are asked to check their 
votes. The voting machine is undergoing technical difficulties, and 
Members may be able to vote from the well.


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (during the vote). Members are advised not 
to leave the Chamber. The voting machine is inoperable at this time. 
Please do not cast votes even in the well at this time as the 
electronic voting system is inoperable and the clerk has no way of 
tallying the votes.
  The clerk is working on rebooting the voting system, which would 
require everyone to cast their votes a second time if they have already 
voted.

                              {time}  1415


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (Mr. Miller of Florida) (during the vote). 
The Chair is advised that the electronic voting system has been 
restarted, and the electronic vote will be conducted anew, a totally 
fresh start. Members must recast their votes even if they previously 
cast votes under the earlier, defective electronic vote.
  The bells will be rung to indicate a 15-minute vote on the Hooley 
amendment, followed by a 5-minute vote on the Weiner amendment.
  The vote was taken by electronic device, and there were--ayes 260, 
noes 160, not voting 13, as follows:

                              {time}  1437

  Messrs. Pombo, Sullivan, Fossella, and Gerlach changed their vote 
from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                    Amendment Offered by Mr. Weiner

  The CHAIRMAN pro tempore (Mr. Miller of Florida). The pending 
business is the demand for a recorded vote on the amendment offered by 
the gentleman from New York (Mr. Weiner) on which further proceedings 
were postponed and on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 223, 
noes 197, not voting 13, as follows:

                             [Roll No. 364]

                               AYES--223

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (OK)
     Case
     Chandler
     Clay
     Clyburn
     Conyers
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Edwards
     Ehlers
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Ferguson
     Filner
     Ford
     Fossella
     Frank (MA)
     Frost
     Gonzalez
     Gordon
     Green (WI)
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Hefley
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Hoyer
     Hyde
     Inslee
     Israel
     Jackson (IL)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larson (CT)
     LaTourette
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Ose
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy

[[Page 15215]]


     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Sweeney
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weller
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--197

     Aderholt
     Akin
     Bachus
     Baker
     Ballenger
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole
     Cooper
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Deal (GA)
     DeLay
     DeMint
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Duncan
     Dunn
     Emerson
     English
     Everett
     Feeney
     Flake
     Foley
     Forbes
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (TX)
     Greenwood
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Houghton
     Hulshof
     Hunter
     Issa
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kennedy (MN)
     King (IA)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     LaHood
     Latham
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas (OK)
     Manzullo
     McCrery
     McInnis
     McKeon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (MI)
     Smith (TX)
     Stearns
     Sullivan
     Tancredo
     Tauzin
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (OH)
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--13

     Carson (IN)
     Collins
     Deutsch
     Gephardt
     Gutknecht
     Isakson
     Istook
     Jackson-Lee (TX)
     Larsen (WA)
     Lee
     Majette
     Saxton
     Vitter


                Announcement by the Chairman Pro Tempore

  The CHAIRMAN pro tempore (during the vote). Members are advised there 
are 2 minutes remaining in this vote.

                              {time}  1445

  Mr. TAYLOR of North Carolina changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Mr. BONILLA. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Camp) having assumed the chair, Mr. Miller of Florida, Chairman pro 
tempore of the Committee of the Whole House on the State of the Union, 
reported that that Committee, having had under consideration the bill 
(H.R. 4766) making appropriations for Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies for the fiscal year 
ending September 30, 2005, and for other purposes, had come to no 
resolution thereon.

                          ____________________