[Congressional Record (Bound Edition), Volume 151 (2005), Part 15]
[Senate]
[Pages 20716-20721]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1736. Ms. COLLINS (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her to

[[Page 20717]]

the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 128, line 19, strike ``$12,400,000'' and insert 
     ``$17,400,000''.
       On page 128, line 24, strike ``$1,000,000'' and insert 
     ``$6,000,000''.
       On page 129, line 2, insert before the period at the end 
     the following: ``: Provided further, That $3,000,000 shall be 
     provided to each third round empowerment zone''.
       On page 173, after line 24, insert the following:
       Sec. 7___. Notwithstanding any other provision of this Act, 
     each amount provided by this Act is reduced by the pro rata 
     percentage required to reduce the total amount provided by 
     this Act by $5,000,000.
                                 ______
                                 
  SA 1737. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 93, line 9, before the period at the end insert the 
     following: ``: Provided further, That the Secretary, through 
     the Agricultural Research Service, or successor, is 
     authorized to lease approximately 40 acres of land at the 
     Central Plains Experiment Station, Nunn, Colorado, to the 
     Board of Governors of the Colorado State University System, 
     for its Shortgrass Steppe Biological Field Station, on such 
     terms and conditions as the Secretary deems in the public 
     interest: Provided further, That the Secretary understands 
     that it is the intent of the University to construct research 
     and educational buildings on the subject acreage and to 
     conduct agricultural research and educational activities in 
     these buildings: Provided further, That as consideration for 
     a lease, the Secretary may accept the benefits of mutual 
     cooperative research to be conducted by the Colorado State 
     University and the Government at the Shortgrass Steppe 
     Biological Field Station: Provided further, That the term of 
     any lease shall be for no more than 20 years, but a lease may 
     be renewed at the option of the Secretary on such terms and 
     conditions as the Secretary deems in the public interest''.
                                 ______
                                 
  SA 1738. Mr. ALLARD (for himself, Mr. Roberts, Mr. Craig, Mr. Burns, 
Mr. Thune, and Mr. Hagel) proposed an amendment to the bill H.R. 2744, 
making appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __. It is the sense of the Senate that the United 
     States Government should not permit the importation into the 
     United States of beef from Japan until the Government of 
     Japan takes appropriate actions to permit the importation 
     into Japan of beef from the United States.
                                 ______
                                 
  SA 1739. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SECTION __. HUMANE METHODS.

       Section 2 of Public Law 85-765 (commonly known as the 
     ``Humane Methods of Slaughter Act of 1958'') (7 U.S.C. 1902) 
     is amended--
       (1) by redesignating subsections (a) and (b) as paragraphs 
     (1) and (3) respectively, and indenting accordingly;
       (2) in the first sentence, by striking ``No method'' and 
     inserting the following:
       ``(a) In General.--No method'';
       (3) in the second sentence, by striking ``Either of the 
     following two'' and inserting the following:
       ``(b) Particular Methods.--The following methods'';
       (4) in paragraph (1) (as redesignated by paragraph (1))--
       (A) by striking ``in the case'' and inserting ``In the 
     case'';
       (B) by inserting ``or ratites'' after ``other livestock'';
       (C) by striking ``animals'' and inserting ``livestock or 
     ratites''; and
       (D) by striking ``; or'' at the end and inserting a period;
       (5) by inserting after paragraph (1) (as redesignated by 
     paragraph (1)) the following:
       ``(2) In the case of poultry and rabbits, shackling prior 
     to being rendered insensible to pain is permissible if the 
     handling and shackling is performed in a humane manner.''; 
     and
       (6) in paragraph (3) (as redesignated by paragraph (1)), by 
     striking ``anemia'' and inserting ``ischemia''.
                                 ______
                                 
  SA 1740. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 2744, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 143, line 13, strike the period and insert the 
     following: ``: Provided further, that of the amounts 
     appropriated under this heading for salaries and expenses, 
     $15,000,000, shall be transferred from the Office of the 
     Commissioner to the Office of Over-the-Counter Drug 
     Evaluation.''.
                                 ______
                                 
  SA 1741. Mr. DeWINE submitted an amendment intended to be proposed by 
him to the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. It is the sense of the Senate that--
       (1) the Senate--
       (A) encourages expanded efforts to alleviate hunger 
     throughout developing countries; and
       (B) pledges to continue to support international hunger 
     relief efforts;
       (2) the United States Government should use financial and 
     diplomatic resources to work with other donors to ensure that 
     food aid programs receive all necessary funding and supplies; 
     and
       (3) food aid should be provided in conjunction with 
     measures to alleviate hunger, malnutrition, and poverty.
                                 ______
                                 
  SA 1742. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill H.R. 2744, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
as follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. Section 508(a)(4)(B) of the Federal Crop 
     Insurance Act (7 U.S.C. 1508(a)(4)(B)) is amended by 
     inserting ``or similar commodities'' after ``the commodity''.
                                 ______
                                 
  SA 1743. Mr. LUGAR submitted an amendment intended to be proposed by 
him to the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 94, line 9, before the semicolon, insert the 
     following: ``, of which not less than $1,500,000 shall be 
     used for special grants for agricultural research related to 
     hardwood scanning''.
                                 ______
                                 
  SA 1744. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 2744, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 143, line 13, strike the period and insert the 
     following: ``: Provided further, that of the amounts 
     appropriated under this heading for salaries and expenses, 
     $10,000,000, shall be transferred from the Office of the 
     Commissioner to the Office of Drug Safety for purposes of 
     postmarket surveillance activities.''.
                                 ______
                                 
  SA 1745. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 2744, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 143, line 13, strike the period and insert the 
     following: ``: Provided further, that the amounts 
     appropriated under this heading for salaries and expenses of 
     the Office of the Commissioner shall be reduced by 
     $5,000,000.''.
                                 ______
                                 
  SA 1746. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 2744, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2006, and

[[Page 20718]]

for other purposes; which was ordered to lie on the table; as follows:

       On page 143, after line 19, insert the following:
       In addition, notwithstanding any other provision of this 
     Act, none of the amounts appropriated under this title shall 
     be expended to initiate or conduct a rulemaking process 
     relating to the over-the-counter application for the drug 
     Plan B. The preceding sentence shall not apply to the 60-day 
     public comment period initiated on August 26, 2005, relating 
     to such drug.
                                 ______
                                 
  SA 1747. Mr. DURBIN (for Mr. Reid) proposed an amendment to the bill 
H.R. 2744, making appropriations for Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7__. (a) Section 8c(5) of the Agricultural Adjustment 
     Act (7 U.S.C. 608c(5)), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended by 
     adding at the end the following:
       ``(M) Minimum milk prices for handlers.--
       ``(i) Application of minimum price requirements.--
     Notwithstanding any other provision of this section, a milk 
     handler described in clause (ii) shall be subject to all of 
     the minimum and uniform price requirements of a Federal milk 
     marketing order issued pursuant to this section applicable to 
     the county in which the plant of the handler is located, at 
     Federal order class prices, if the handler has packaged fluid 
     milk product route dispositions, or sales of packaged fluid 
     milk products to other plants, in a marketing area located in 
     a State that requires handlers to pay minimum prices for raw 
     milk purchases.
       ``(ii) Covered milk handlers.--Except as provided in clause 
     (iv), clause (i) applies to a handler of Class I milk 
     products (including a producer-handler or producer operating 
     as a handler) that--

       ``(I) operates a plant that is located within the 
     boundaries of a Federal order milk marketing area (as those 
     boundaries are in effect on the date of enactment of this 
     subparagraph);
       ``(II) has packaged fluid milk product route dispositions, 
     or sales of packaged fluid milk products to other plants, in 
     a milk marketing area located in a State that requires 
     handlers to pay minimum prices for raw milk purchases; and
       ``(III) is not otherwise obligated by a Federal milk 
     marketing order, or a regulated milk pricing plan operated by 
     a State, to pay minimum class prices for the raw milk that is 
     used for the milk dispositions or sales.

       ``(iii) Obligation to pay minimum class prices.--For the 
     purpose of clause (ii)(III), the Secretary may not consider a 
     handler of Class I milk products to be obligated by a Federal 
     milk marketing order to pay minimum class prices for raw milk 
     unless the handler operates the plant as a fully regulated 
     fluid milk distributing plant under a Federal milk marketing 
     order.
       ``(iv) Certain handlers exempted.--Clause (i) does not 
     apply to--

       ``(I) a handler (otherwise described in clause (ii)) that 
     operates a nonpool plant (as defined in section 1000.8(e) of 
     title 7, Code of Federal Regulations (as in effect on the 
     date of enactment of this subparagraph));
       ``(II) a producer-handler (otherwise described in clause 
     (ii)) for any month during which the producer-handler has 
     route dispositions, and sales to other plants, of packaged 
     fluid milk products equaling less than 3,000,000 pounds of 
     milk; or
       ``(III) a handler (otherwise described in clause (ii)) for 
     any month during which--

       ``(aa) less than 25 percent of the total quantity of fluid 
     milk products physically received at the plant of the handler 
     (excluding concentrated milk received from another plant by 
     agreement for other than Class I use) is disposed of as route 
     disposition or is transferred in the form of packaged fluid 
     milk products to other plants; or
       ``(bb) less than 25 percent in aggregate of the route 
     disposition or transfers are in a marketing area or areas 
     located in 1 or more States that require handlers to pay 
     minimum prices for raw milk purchases.
       ``(N) Exemption for certain milk handlers.--Notwithstanding 
     any other provision of this section, no handler with 
     distribution of Class I milk products in the Arizona-Las 
     Vegas marketing area (Order No. 131) shall be exempt during 
     any month from any minimum milk price requirement established 
     by the Secretary under this subsection if the total 
     distribution of Class I products during the preceding month 
     of any such handler's own farm production that exceeds 
     3,000,000 pounds.''.
       (b) Section 8c(11) of the Agricultural Adjustment Act (7 
     U.S.C. 608c(11)), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937, is amended--
       (1) in subparagraph (C), by striking the last sentence; and
       (2) by adding at the end the following:
       ``(D) Exclusion of nevada from federal milk marketing 
     orders.--In the case of milk and its products, no county or 
     other political subdivision located in the State of Nevada 
     shall be within a marketing area covered by any order issued 
     under this section.''.
       (c) Notwithstanding any other provision of this section or 
     the amendments made by this section, a milk handler 
     (including a producer-handler or producer operating as a 
     handler) that is subject to regulation under this section or 
     an amendment made by this section shall comply with any 
     requirement under section 1000.27 of title 7, Code of Federal 
     Regulations (or a successor regulation) relating to 
     responsibility of handlers for records or facilities.
       (d)(1) This section and the amendments made by this section 
     take effect on the first day of the first month beginning 
     more than 15 days after the date of enactment of this Act.
       (2) To accomplish the expedited implementation schedule for 
     the amendment made by subsection (a), effective on the date 
     of enactment of this Act, the Secretary of Agriculture shall 
     ensure that the pool distributing plant provisions of each 
     Federal milk marketing order issued under section 8c(5)(B) of 
     the Agricultural Adjustment Act (7 U.S.C. 608c(5)(B)), 
     reenacted with amendments by the Agricultural Marketing 
     Agreement of 1937, provides that a handler described in 
     section 8c(5)(M) of the Agricultural Adjustment Act, 
     reenacted with amendments by the Agricultural Marketing 
     Agreement of 1937 (as added by subsection (a))), will be 
     fully regulated by the order in which the distributing plant 
     of the handler is located.
       (3) Implementation of this section and the amendments made 
     by this section shall not be subject to a referendum under 
     section 8c(19) of the Agricultural Adjustment Act (7 U.S.C. 
     608c(19)), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937.
                                 ______
                                 
  SA 1748. Mr. DURBIN (for Mr. Inouye (for himself, Mr. Akaka, and Mrs. 
Feinstein)) proposed an amendment to the bill H.R. 2744, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 101, line 10, before the period at the end insert 
     the following: ``: Provided further, That none of the funds 
     may be used to demolish or dismantle the Hawaii Fruit Fly 
     Production Facility in Waimanalo, Hawaii''.
                                 ______
                                 
  SA 1749. Mr. DURBIN (for himself, Mr. Enzi, and Mr. Kennedy and Mr. 
Bingaman) proposed an amendment to the bill H.R. 2744, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7_. (a) Subject to subsection (b), none of the funds 
     made available in this Act may be used to--
       (1) grant a waiver of a financial conflict of interest 
     requirement pursuant to section 505(n)(4) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 355(n)(4)) for any 
     voting member of an advisory committee or panel of the Food 
     and Drug Administration; or
       (2) make a certification under section 208(b)(3) of title 
     18, United States Code, for any such voting member.
       (b) Subsection (a) shall not apply to a waiver or 
     certification if--
       (1) not later than 15 days prior to a meeting of an 
     advisory committee or panel to which such waiver or 
     certification applies, the Secretary of Health and Human 
     Services discloses on the Internet website of the Food and 
     Drug Administration--
       (A) the nature of the conflict of interest at issue; and
       (B) the nature and basis of such waiver or certification 
     (other than information exempted from disclosure under 
     section 552 of title 5, United States Code (popularly known 
     as the Freedom of Information Act)); or
       (2) in the case of a conflict of interest that becomes 
     known to the Secretary less than 15 days prior to a meeting 
     to which such waiver or certification applies, the Secretary 
     shall make such public disclosure as soon as possible 
     thereafter, but in no event later than the date of such 
     meeting.
       (c) None of the funds made available in this Act may be 
     used to make a new appointment to an advisory committee or 
     panel of the Food and Drug Administration unless the 
     Commissioner of Food and Drugs submits a confidential report 
     to the Inspector General of the Department of Health and 
     Human Services of the efforts made to identify qualified 
     persons for such appointment with minimal or no potential 
     conflicts of interest.
                                 ______
                                 
  SA 1750. Mr. BENNETT proposed an amendment to the bill H.R. 2744, 
making appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:


[[Page 20719]]

       On page 93, line 9 at the end of the sentence insert the 
     following:
       ``Provided further, That the Agricultural Research Service 
     may convey all rights and title of the United States, to a 
     parcel of land comprising 19 acres, more or less, located in 
     Section 2, Township 18 North, Range 14 East in Oktibbeha 
     County, Mississippi, originally conveyed by the Board of 
     Trustees of the Institution of Higher Learning of the State 
     of Mississippi, and described in instruments recorded in Deed 
     Book 306 at pages 553-554, Deed Book 319 at page 219, and 
     Deed Book 33 at page 115, of the public land records of 
     Oktibbeha County, Mississippi, including facilities, and 
     fixed equipment, to the Mississippi State University, 
     Starkville, Mississippi, in their ``as is'' condition, when 
     vacated by the Agricultural Research Service.''
                                 ______
                                 
  SA 1751. Mr. BENNETT proposed an amendment to the bill H.R. 2744, 
making appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 173 after line 24, insert the following new 
     paragraphs:
       ``Sec.   . (a) Hereafter, none of the funds made available 
     by this Act or any other Act may be used to publish, 
     disseminate, or distribute Agriculture Information Bulletin 
     Number 787.
       (b) Of the funds provided to the Economic Research Service, 
     the Secretary of Agriculture shall enter into an agreement 
     with the National Academy of Sciences to conduct a 
     comprehensive report on the economic development and current 
     status of the sheep industry in the United States.''
                                 ______
                                 
  SA 1752. Mr. BENNETT proposed an amendment to the bill H.R. 2744, 
making appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 173 after line 24 insert the following:
       ``Sec.   . The Secretary of Agriculture may establish a 
     demonstration intermediate relending program for the 
     construction and rehabilitation of housing for the Choctaw 
     Nation: Provided, That the interest rate for direct loans 
     shall be 1 percent: Provided further. That no later than one 
     year after the establishment of this program the Secretary 
     shall provide the Committees on Appropriations with a report 
     providing information on the program structure, management, 
     and general demographic information on the loan recipients.''
                                 ______
                                 
  SA 1753. Mr. ENSIGN (for himself, Mr. Byrd, Mr. Graham, Mr. Lott, Mr. 
DeMint, Ms. Landrieu, Ms. Stabenow, Mrs. Feinstein, Mr. Lautenberg, and 
Mr. Corzine) proposed an amendment to the bill H.R. 2744, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       At the appropriate place, add the following:
       Sec.   . None of the funds made available in this Act may 
     be used to pay the salaries or expenses of personnel to 
     inspect horses under section 3 of the Federal Meat Inspection 
     Act (21 U.S.C. 603) or under the guidelines issued under 
     section 903 the Federal Agriculture Improvement and Reform 
     Act of 1996 (7 U.S.C. 1901 note; Public Law 104-127).
                                 ______
                                 
  SA 1754. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 2744, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Agriculture, in 
     cooperation with the Secretary of Energy, shall provide to 
     the Committee on Appropriations of the Senate and the 
     Committee on Appropriations of the House of Representatives a 
     report that describes the impact of increased prices of gas, 
     natural gas, and diesel on agricultural producers, ranchers, 
     and rural communities.
                                 ______
                                 
  SA 1755. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 2744, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. The Secretary of Agriculture (referred to in 
     this section as the ``Secretary'') shall prepare a report for 
     submission by the President to Congress, along with the 
     fiscal year 2007 budget request under section 1105 of title 
     31, United States Code, that--
       (1) identifies measures to address bark beetle infestation 
     and the impacts of bark beetle infestation as the first 
     priority for assistance under the Healthy Forests Restoration 
     Act of 2003 (16 U.S.C. 6501 et seq.);
       (2) describes activities that will be conducted by the 
     Secretary to address bark beetle infestations and the impacts 
     of bark beetle infestations;
       (3) describes the financial and technical resources that 
     will be dedicated by the Secretary to measures to address 
     bark beetle infestations and the impacts of the infestations; 
     and
       (4) describes the manner in which the Secretary will 
     coordinate with the Secretary of the Interior and State and 
     local governments in conducting the activities under 
     paragraph (2).
                                 ______
                                 
  SA 1756. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. Notwithstanding the proclamation by the 
     President dated September 8, 2005, or any other provision of 
     law, the provisions of subchapter IV of chapter 31 of title 
     40, United States Code (and the provisions of all other 
     related Acts to the extent they depend upon a determination 
     by the Secretary of Labor under section 3142 of such title, 
     whether or not the President has the authority to suspend the 
     operation of such provisions), shall apply to all contracts 
     to which such provisions would otherwise apply that are 
     entered into on or after the date of enactment of this Act, 
     to be performed in the counties affected by Hurricane Katrina 
     and described in such proclamation.
                                 ______
                                 
  SA 1757. Mr. LUGAR (for himself and Mr. Harkin) submitted an 
amendment intended to be proposed by him to the bill H.R. 2744, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 85, line 15, strike ``$128,072,000'' and insert 
     ``$126,072,000''.
       On page 167, line 20, strike ``$12,000,000'' and insert 
     ``$14,000,000''.
                                 ______
                                 
  SA 1758. Mr. LUGAR submitted an amendment intended to be proposed by 
him to the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 167, line 20, strike ``$12,000,000'' and insert 
     ``$14,000,000''.
                                 ______
                                 
  SA 1759. Mr. LUGAR submitted an amendment intended to be proposed by 
him to the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 94, line 9, before the semicolon, insert the 
     following: ``, of which not less than $1,500,000 shall be 
     used for special grants for agricultural research related to 
     hardwood scanning''.
       On page 85, line 15, strike ``$128,072,000'' and insert 
     ``$126,572,000.''
                                 ______
                                 
  SA 1760. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. (a)(1) Section 101 of division B of Public Law 
     108-324 (118 Stat. 1232) is amended--
       (A) in subsection (a)(2)--
       (i) by striking ``the 2003, 2004, or 2005 crop (as elected 
     by a producer), but limited to only one of the crop years 
     listed'' and inserting ``the 2003 or 2004 crop (as elected by 
     a producer) and the 2005 crop''; and
       (ii) by striking ``qualifying crop losses'' and all that 
     follows through ``in this paragraph,''; and

[[Page 20720]]

       (B) in subsection (c)(1), by striking ``2004'' and 
     inserting ``2005''.
       (2) The amounts made available by the transfer of funds in 
     or pursuant to the amendments made by paragraph (1) are 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress).
       (b)(1) Effective beginning on the date of enactment of this 
     Act, the Secretary shall use funds of the Commodity Credit 
     Corporation to carry out the 2002 Livestock Compensation 
     Program announced by the Secretary on October 10, 2002 (67 
     Fed. Reg. 63070) for 2005 losses.
       (2) In carrying out the Program, the Secretary shall--
       (A) provide assistance to any applicant that--
       (i) conducts a livestock operation that is physically 
     located in a disaster county, including any applicant 
     conducting a livestock operation with eligible livestock, as 
     that term is used in carrying out the livestock assistance 
     program under section 101(b) of division B of Public Law 108-
     324 (118 Stat. 1232); and
       (ii) meets all other eligibility requirements established 
     by the Secretary for the Program; and
       (B) provide assistance to any applicant that--
       (i) produces an animal described in section 10806(a)(1) of 
     the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 
     321d(a)(1)); and
       (ii) meets all other eligibility requirements established 
     by the Secretary for the Program.
                                 ______
                                 
  SA 1761. Ms. STABENOW (for herself, Mr. Levin, Mr. DeWine, Mr. Bayh, 
and Mr. Voinovich) submitted an amendment intended to be proposed by 
her to the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 100, line 9, before the colon insert the following: 
     ``; of which $10,440,000 shall be used for the eradication of 
     the emerald ash borer in the States of Michigan, Ohio, and 
     Indiana''.
                                 ______
                                 
  SA 1762. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill H.R. 2744, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. Section 10204(a) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8204(a)) is amended by 
     inserting ``per year'' after ``$75,000''.
                                 ______
                                 
  SA 1763. Mr. TALENT (for himself and Mr. Pryor) proposed an amendment 
to the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. None of the funds made available by this or any 
     other Act may be used to close or relocate a county or local 
     Farm Service Agency office unless or until the Secretary of 
     Agriculture has determined the cost effectiveness and 
     enhancement of program delivery of the closure or relocation, 
     and report to the House and Senate Committees on Agriculture 
     and Appropriations.
                                 ______
                                 
  SA 1764. Mr. CRAIG (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill H.R. 2744, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 85, line 15, strike ``$128,072,000'' and insert 
     ``$116,072,000''.
       On page 173, after line 24, insert the following:
       Sec. 7___. In addition to other amounts made available by 
     this Act, $12,000,000 shall be made available to the 
     Secretary of Agriculture for the provision of specialty crop 
     block grants under section 101 of the Specialty Crops 
     Competitiveness Act of 2004 (Public Law 108-465; 7 U.S.C. 
     1621 note), of which not more than 5 percent shall be 
     available for administrative expenses.
                                 ______
                                 
  SA 1765. Mr. KOHL (for Mr. Harkin) proposed an amendment to the bill 
H.R. 2744, making appropriations for Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. 90 days before initiating any structural change 
     in a mission area of the Department, the Secretary of 
     Agriculture shall provide notice of the change to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives.
                                 ______
                                 
  SA 1766. Mr. KOHL (for Mr. Pryor) proposed an amendment to the bill 
H.R. 2744, making appropriations for Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       On page 154, line 10, insert ``, Cleburne County, 
     Arkansas,'' after ``Montana''.
                                 ______
                                 
  SA 1767. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill H.R. 2744, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. (a) Not later than 14 days after the date of the 
     enactment of this Act, the Federal Trade Commission shall 
     initiate an inquiry into the retail prices of natural gas and 
     gasoline to determine if the prices of natural gas and 
     gasoline (both before and after Hurricane Katrina), including 
     the price of gasoline containing ethanol, is being 
     artificially manipulated by reducing refinery capacity, by 
     speculation in oil market, or by any other form of 
     manipulation.
       (b) Not later than 14 days after the initiation of the 
     inquiry required under subsection (a), the Federal Trade 
     Commission shall report to Congress the results of the 
     inquiry.
       (c) Not later than 14 days after issuing the report 
     required under subsection (b), the Federal Trade Commission 
     shall hold a public hearing for the purpose of presenting the 
     results of the inquiry.
       (d)(1) If the Federal Trade Commission determines that the 
     increase in natural gas and gasoline prices, including the 
     price of gasoline containing ethanol, is a result of market 
     manipulation, the Federal Trade Commission shall, in 
     cooperation with the attorney general of any affected State, 
     take appropriate action.
       (2) If the Federal Trade Commission determines that the 
     increase in natural gas and gasoline prices, including the 
     price of gasoline containing ethanol, is not the result of 
     market manipulation, the Federal Trade Commission shall 
     notify the Secretary of Energy. The Secretary shall, not 
     later than 14 days after receiving such notification, decide 
     if expanded use of the Strategic Petroleum Reserve should be 
     implemented to assure adequate supplies of gasoline.
       (e) This section shall cease to apply on--
       (1) the date the Federal Trade Commission makes its 
     determination described in subsection (d); or
       (2) if applicable, the date of the decision of the 
     Secretary of Energy under paragraph (2) of such subsection.
                                 ______
                                 
  SA 1768. Mr. SPECTER (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the bill H.R. 2744, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. Section 1502 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7982) is amended in 
     subsections (f) and (g)(1) by striking ``2005'' each place it 
     appears and inserting ``2007''.
                                 ______
                                 
  SA 1769. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill H.R. 2744, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 173, after line 24, insert the following:
       Sec. 7___. Notwithstanding any other provision of law 
     (including regulations), none of the funds made available by 
     this Act may be used to carry out section 508A(c)(1)(B)(i) of 
     the Federal Crop Insurance Act (7 U.S.C. 1508A(c)) in a 
     manner that applies the term ``crop year'' in a manner that 
     fails to take into account the varying climates of different 
     regions of the United States.

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