TheWeekInCongress.com
Week Ending July 16, 2004
HR 4766 Making appropriations for the Department of Agriculture for fiscal year 2005.
BRIEF
The Department of Agriculture (DOA) is the largest non-defense agency of the Federal government. The responsibilities of the DOA go far beyond the familiar Food and Drug administration, commodities reports and inspections. The department has numerous agencies that study agriculture and economic trends in most foreign countries. DOA is also responsible for setting standards of nutrition in US schools and providing food to the poor and to mothers with infant children.
The DOA also supports rural growth and development and conservation programs through grants to states and localities for their projects. Those projects are municipality wish lists and range from purely agriculture related such as development of farmer’s markets and agricultural infrastructure projects to development of fiber-optic systems, removal of non-indigenous species, waste water treatment systems and so on.
Funding is included for numerous agencies and services that do economic and agricultural research at a federal and state level and gather agricultural statistics. Also funded are the Animal and Plant inspection service, the grain inspection, Packers and Stockyards Administration Food Safety and Inspection Service and numerous sections that handle credit to farmers and insure crops against loss from damage.
The bill also concerns itself with Foreign Assistance and Related Programs through which the U.S. involves itself in foreign trade of agricultural and dairy products, improving agricultural efforts in developing countries and distribution of educational efforts and food to the hungry around the world. Foreign assistance also includes loans and credit.
The committee recommendations cut child nutrition programs by $36.8 million under 2004 spending. Labeling of genetically modified foods appears to remain with the food manufactures. Food safety related to terrorism is expected to be funded at a $43,367,000 increase as follows; $7,000,000 inspections; $23,067,000 for the Food Emergency Response Network; $9,000,000 for research; $2,500,000 for bio-surveillance; and $1,800,000 for incidence management.
The bill was not without opposition and concern. Democrats noted that ‘the bill does not provide all the funds we expect the WIC (Women with infant Children) program to need this year…the bill cuts 60 percent of the requested increase for homeland security activities at USDA's Food Safety and Inspection Service and one-third of the requested homeland security increase for FDA food safety activities. …the bill fails to provide even the level of funding in the rural water and waste program and the rural single family housing direct loan program that was provided last year. There are also a host of reductions in other programs in the bill…in an effort to make up for the poor allocation, the bill makes cuts in farm bill programs that are nearly twice as large as those in last year's bill and deeper than those in the Bush budget.’
Sponsor: Representative Henry Bonnilla (R-TX-23rd)
Vote: Passed House 389 to 31 (RC 370) (July 13, 2004)
Cost to the taxpayers: $83 billion. ## All Rights Reserved. No reproduction or distribution without written permission from TheWeekInCongress.com.
MAJOR PROVISIONS AND HIGHLIGHTS OF THE BILL
CONCERN AND OPPOSITION TO THE BILL
SPENDING ON SPECIFIC PROJECTS NATIONWIDE
Spending on Specific Projects Nationwide
CONSERVATION (Natural Resources Conservation Service, NRCS)
Grazing Lands Conservation Initiative- The Committee includes legislative language that provides $23,500,000 for the Grazing Lands Conservation Initiative.
Animal Feeding Operations Pilot Projects- The Committee provides $6,000,000 to Farm Pilot Project Coordination, Inc for the continued implementation of pilot projects for innovative technology systems that will result in a 75 percent reduction in nutrients of wastewater from animal feeding operations. The Secretary is directed to release these funds after submitting a report to the Committees on Appropriations that a satisfactory cooperative agreement between the NRCS and Farm Pilot Project Coordination, Inc. has been consummated.
Edwards Aquifer.--The Committee encourages the Agency to provide technical and financial assistance to the Edwards Aquifer Authority and San Antonio Water Systems regarding plugging of wells to address pollution concerns.
Sage grouse.--The Committee encourages NRCS to address sage grouse conservation projects on private and public lands through the Wildlife Habitat Incentives Program (WHIP) at a minimum of $2,000,000.
Operation Oak Program to restore hardwoods in the South--$400,000
National Fish and Wildlife Foundation Partnerships--$3,000,000.
Snow surveys, $9,250,000.
Plant Materials Centers, $11,722,000.
Soil Surveys Program, $85,795,000.
Source Water Protection Initiative.--NRCS is strongly encouraged to provide support and assistance to the local watershed associations in Ohio, Indiana, and Missouri working on the Source Water Protection Initiative.
Assistance to Puerto Rico.--The Committee encourages the NRCS to provide assistance for the preservation and improvement of water and soil resources in Can.AE6o Tiburones, Puerto Rico.
Wetlands restoration.--The Committee requests that the NRCS consider funding for the Meadowlands, New Jersey, restoration project through the Wetlands Reserve Program (WRP).
SPECIAL SPENDING BY STATE
Arizona
National Water Management Center $2,750,000; Study to determine the logistics of transportation and coordination of excess nutrient management (AR)--$200,000;
California
East Valley Conservation District/Santa Ana Watershed Authority non-native plant removal--$1,000,000; Monterey Bay Sanctuary--$600,000;
Florida
Manatee Agriculture Reuse System--$2,000,000; Dairy and poultry waste treatment in Suwannee, Dixie, and Lafayette Counties (FL) $280,000; for a cooperative agreement with the Green Institute (FL)--$400,000; Lake Okeechobee (FL) Watershed project planning--$270,000; projects for nutrient reducing waste treatment systems (FL)--$720,000;
Georgia
Georgia Soil and Water Conservation Commission Cooperative Agreement within which the Committee expects the Commission to work with the Flint River Agricultural Water Conservation Initiative--$3,500,000; Community Nutrient Management Facilities (GA)--$350,000;
Hawaii
PMC for Native Plants to clean up the Island of Kahoolawe --$108,000; Molokai (HI) Agriculture Community Committee--$250,000;
Idaho
Idaho One Plan--$200,000; Trees Forever Program; Basalt and Ground Water protection project (ID)--$250,000;
Illinois
Illinois River Basin--$600,000 through EQIP;
Indiana
Innovative environmental technology program (IN)--$500,000
Iowa
Hungry Canyon/Loess Hills Erosion Control/Western Iowa--$1,200,000; Trees Forever Program (IA)--$100,000; CEMSA w/Iowa Soybean Association--$400,000;
Kentucky
Technical assistance to providing grants to Soil Conservation Districts in Kentucky--$1,000,000;
Louisiana
Dairy waste remediation-Lake Ponchartrain (LA) Basin--$300,000; cooperative agreement with Louisiana State University on effectiveness of agriculture and forestry (LA)--$400,000
Maryland
Chesapeake Bay activities--$6,000,000;
North East
Weed It Now-Taconic Mountains (MA/NY/CT)--$200,000;
Mississippi
Choctaw County (MS) feasibility study for surface impoundment--$250,000;
Missouri
Upper White River Water Quality Project Office in southern Missouri--$403,000;
Nevada
Lake Tahoe Basin Soil Conservation Project (NV/CA)--$500,000;
New Jersey
State conservation cost share program (NJ)--$1,000,000; Pastureland Management/Rotational Grazing (NY)--$700,000;
New York
Best management practices/Skaneateles and Owasco Watersheds (NY)--$400,000; Address non-point pollution in Onondaga Lake Watershed (NY)--$250,000; Phase II/Watershed Agriculture Council in Walton (NY)--$700,000, of which, $80,000 is for monitoring the easements purchased by the Council's Whole Farm Easement Program;
Technical assistance to address water quality problems in Sodus Bay Watershed, Wayne County (NY)--$250,000; New York State Agriculture and Environmental Management Program--$850,000; Long Island (NY) Sound watershed initiative--$200,000; Pace University Land Use Law center--$200,000; Erosion Control and Stabilization for Hudson River (NY) shoreline--$250,000; The Committee includes funding for the American Heritage River navigator position on the Hudson River, as requested in the budget.
North Carolina
Technical assistance to livestock/poultry industry (NC)--$450,000;
Ohio
Maumee Watershed Hydrological Study and Flood Mitigation Plan (OH)--$1,000,000;
Oregon
Oregon Garden Silverton (OR)--$325,000;
South Carolina
Study to characterize land use change while preserving natural resources in cooperation with Clemson University (SC)--$890,000;
Texas
Bexar, Medina, Uvalde Counties irrigation in Edwards Aquifer (TX)--$500,000; Field office telecommunications pilot program/advanced soil survey methods (TX)--$2,400,000; Leon River restoration project (TX)--$100,000; Range vegetation pilot project, Ft. Hood (TX)--$500,000; a cooperative agreement with the Texas Water Resources Institute to implement a watershed protection plan for Tarrant County (TX)--$500,000; $2,400,000 to continue a field office telecommunication and field technology program and to implement advanced soil survey methods and GIS visualization tools in West Texas.
Washington
Walla Walla (WA) watershed alliance--$500,000;
West Virginia
Design/implement natural stream restoration initiatives (WV)--$800,000; Soil survey geographic database in the Mid-Atlantic Highlands (WV)--$200,000;
Wisconsin
Grazing Lands Initiative/Wisconsin Department of Agriculture--$950,000; Audubon at Home Pilot Program--$500,000; Great Lakes Basin Program for Soil & Erosion Sediment--$2,500,000; cooperative agreement with Sand County Foundation (WI)--$900,000;
Wyoming
Soil survey mapping project (WY)--$290,000;
RURAL DEVELOPMENT SPECIFIC PROJECTS BY STATE To Top
For the Office of the Under Secretary for Rural Development, the Committee provides an appropriation of $632,000, the same as the amount available for fiscal year 2004 and a decrease of $297,000 below the budget request.
The Committee directs the Under Secretary to give consideration to the following projects or organizations requesting financial and/or technical assistance, and grants and/or loans made available under the Rural Development mission area:
Alabama
County Animal Shelter, Cherokee County Commission (AL); revitalizing downtown City of Tuskegee (AL); upgrade to Cherokee County (AL) Commission courthouse; to build a city hall complex, Smith Station (AL); courthouse construction for Clay County (AL) Commission; (AL) Rural Health Information Network, USA; Water Works, Environmental Education, City of Hartselle (AL); Innovation Center's Micro-Loan Program, Selma (AL);
Arizona
Sweet Potato Farmers Storage and Outreach Project (AR); Eloy Community Center (AZ);
Arkansas
Ozone Water Project (AR); Rural water system in Dallas County (AR); Water system improvements for City of Ola (AR);
California
West Point Service Area Bummerville Community (CA); Central Valley (CA) World Trade Project; Galt (CA) Future Farmers of America Center; Calexico Telemedicine Center (CA); Imperial Valley (CA) Sugarcane/Renewable Energy/Ethanol; Environmental Technology Business Park (CA); Desert Farming Institute (CA); Neighborhood House of Calexico Youth Center (CA); Hi-Desert Regional Neonatal Medical Center (CA); Lake Arrowhead (CA) Communities Services District; Spanish Sustainable Agricultural Education Program (CA); Herlong (CA) Water and wastewater system, Utilities Cooperative; Spaulding (CA) Wastewater Community Services District; (CA) Central Valley Rural Trade Project; International Agriculture-Center, Tulare (CA); improvements to Farm-to-Market Roads in Tulare (CA); wastewater treatment plant Strathmore Public Utility District (CA); Laytonville (CA) Wastewater Treatment Project; Cave Creek Watershed and Flood Prevention Program (CA); West Company, Ukiah (CA); improve wastewater treatment in the Rexland Acres community (CA); construct agricultural training center at West Hills Community College, Farm of the Future Project (CA);
Connecticut
Coventry Lake Sewers Project (CT);
Florida
Water Improvement Initiative, Hawthorne (FL); Rural Services Initiative (FL); Hernando County (FL) Fairgrounds; Madison County (FL) Agricultural Facility; Hardee County (FL) Cattleman's Arena Renovation; Wastewater plant rehabilitation and maintenance, Crescent City (FL); Agricultural Museum Construction Project (FL);
Georgia
Butts County (GA) Thermal Treatment Facility; Federation of Southern Cooperatives Land Assistance Fund, East Point (GA); Federation of Southern Cooperatives, Albany (GA), East Baker Historical and 21st Century Community Corporation; Heritage Foundation/UJAMAA, Thomasville (GA);
Hawaii
Kauai (HI) Sugarcane Biomass to Ethanol Project; Maui (HI) Community College SkyBridge;
Illinois
Lincoln Tail Foundation eCommerce Incubator (IL); Rural Manufacturing Retention Program (IL);
Iowa
Hardin County, Iowa Historic Barn Preservation Commission (IA);
Kentucky
Upgrade the facilities at the Farmer's Market in Anderson County (KY); Mercer County (KY) Cooperative Extension; Millennium Park Amphitheater, Danville (KY); Rural E-Learning Agricultural Program (KY); Ohio County (KY) Wastewater Treatment Plant; Agritourism Council (KY); Northern Kentucky (KY) Regional Farmer's Market; Murray State Agriculture Resource Diversification (KY); Murray State Animal Health Technology expansion (KY);
Louisiana
Online Louisiana (LA); Morgan City (LA) water and wastewater improvements; Montegut (LA) water and wastewater improvements; St. Martin Parish upgrade water and wastewater facilities (LA); Iberia Parish water and wastewater renovation (LA); Bawcomville (LA) Stormwater Pumping Station; Livingston Parish (LA) Alternative Fuel Plant; Southern University Center for Community and Economic Development (LA); Springhill (LA) Water system upgrades; Rapides Parish (LA) water treatment plant on the Red River; Ouachita Parish (LA) wastewater and water treatment improvements; Lafourche Parish (LA) wastewater and water treatment improvements; St. John the Baptists Parish (LA) drinking water supply improvements; Washington Parish (LA) potable water reservoir;
Maine
Cable replacement, Fox Islands (ME) Electrical Cooperative; University of Maine (ME) Rural Community Innovation Center; New England (ME) Deaf Education Broadband Initiative; Aroostook (ME) strategic plan; Universal Public Information Access Project (ME); Rural Community Innovation Center (ME); Public Broadcasting Corporation (ME);
Massachusetts
Springfield (MA) Public Market; Quinebaug Shetucket Heritage Corridor, Inc. (MA); Northampton (MA) Fairgrounds; Wastewater improvements; New England Wildlife Center (MA); Berkshire Community College long distance learning (MA); Berkshire (MA) Area Healthcare Training Program;
Michigan
Extend the Village of L' Anse water and sewer infrastructure, L' Anse Township (MI); community facilities upgrade for City of Menominee (MI); Northern Initiatives (MI); Northern Lakes Economic Alliance (MI); Munising (MI) water and sewer improvements;
Minnesota
Health Care Cooperative Purchasing Alliance Demo (MN); Minnesota (MN) Rural Living/Pioneer Public Television;
Mississippi
Community Design for Revitalization of Small Towns, Mississippi State University (MS); Longtown Community Volunteer Fire Facility (MS); expansion of Child Development Center, Mississippi Valley State University (MS);
Missouri
University Extension Building, Greene County (MO);
New Hampshire
(NH) Water Resources Management Plan;
New Jersey
South Jersey (NJ) Ethanol Plant; Monmouth Girl Scouts Riding Facility (NJ);
New Mexico
Expansion of wastewater treatment plant facilities for Village of Ruidoso and Rudoso Downs (NM); Community center for the City of Belen (NM); Senior Center for the Village of Tularosa (NM); water system improvement for the City of Carrizozo (NM); North Ditch irrigation system rehabilitation for the Pueblos of Laguna and Acoma (NM); Tijeras Water System Improvement (NM); Village of Los Lunas (NM) Interceptor Sewer Line; Bernalillo Wastewater Treatment Plant (NM);
New York
Industrial Development Authority; water and sewer projects in the Town of Ulster (NY) for improvements to the East Kingston Water District; Long Lake (NY) Distance Learning Initiative; SUNY Morrisville's Anaerobic Digester Project (NY); State's Pride of New York (NY) Program; Canton (NY) Feasibility Study; Syracuse (NY) University's Public Management and Finance Program; Champlain Watershed Improvement Coalition of New York (NY) Sewer Project in Hamlet of Essex; 21st Century Vineyard Laboratory, Fredonia (NY); Chautauqua County (NY) Fair Equestrian Center; Western New York Equestrian Center, Hamburg (NY); Infrastructure Improvements in Chadwick Bay (NY);
North Carolina
Children's Hospital of the King's Daughter (NC); North Carolina (NC) Water 2030 Initiative; Neuse (NC) Regional Water Supply; Fiber Optic Connector Project (NC); Cabarrus Arena Infrastructure Improvement Program (NC); Neuse Regional Water and Sewer Authority (NC); OneMap (NC);
Ohio
Midwest Livestock Expo Center (OH); Perry County (OH) Rail Line Upgrade; Rail line upgrade in Harrison County (OH); Construction of a new water treatment plant in the Village of Racine (OH); new water treatment system for Toronto (OH); complete a water line extension project for Meigs (OH); extend the water lines in the village of Powhatan Point, Belmont (OH); upgrades to the Sewer Lift Station in Centerville (OH); Buncombe County (NC) construction of a new Emergency Operating Center; renovate an existing building for a Graham County (NC) Emergency Services Facility; Water Remediation and Preservation Project, Highlands (NC); Phillipsburg (OH) Sanitary Sewer Force Main Connection;
Oklahoma
Wilson (OK); Sewer line improvements, Chattanooga (OK); New community building, Cache (OK); Repainting of water tower, Sterling (OK); Construction of water tower, Elgin (OK);
Oregon
City of Lakeside (OR), Tenmile Lakes Enhancement; City of Coburg (OR) Wastewater system; City of Brownsville (OR), Opal Creek Wilderness and Scenic Recreation Area (OR); Tillamook Log Waste Processing and Pellet Mill (OR); Eastern Oregon University in the development of the Oregon Center for Rural Development and Policy Studies (OR); National Policy Consensus Center at Portland State University (OR); Gilliam County (OR) Columbia Plateau Wheat Quality Initiative Project; Southern Oregon (OR) Education Services District; Happy Canyon Facility Renovation Project (OR); construction of the Native American Gathering Facility at the Pendleton Round-up (OR);
Pennsylvania
Ellwood City (PA) Area Sewage Treatment Plant; Rural Dialysis Initiative (PA); Lake Erie (PA) College of Osteopathic Medicine--Link to Learn; GED on TV, WQLN, Public Broadcasting (PA); Big Butler Fair, Emergency Notification Alarm (PA); Nanticoke (PA) Rural Development Project; Dunmore Borough, Lackawanna County (PA); Stonycreek Initiative (PA); Blue Valley Treatment and Fish Culture Facility (PA); Clarion University Biotechnology Business Development Center (PA); Rural Manufacturing Initiative (PA); NutriCore NorthEast (PA);
Puerto Rico
Caguas (PR) Municipal Water Supply System Improvements;
South Carolina
City of Florence (SC) Regional Surface Water Treatment; Town of Summerton (SC) water and wastewater system; Berkeley County (SC) Cross Water Project; Demolition of housing, Clio Wastewater Treatment Plant Upgrade (SC); Chesterfield County (SC) Industrial Park Development; Wastewater line construction for Dillon County (SC); and, University of South Carolina (SC) Salkehatchie Leadership Institute.
South Dakota
Statewide energy assessment (SD); Statewide economic development assessment (SD); Black Hills (SD) Technology Incubator; SDSU Technology and Business Incubator (SD);
Tennessee
Little Milligan Water Project (TN); Claiborne County (TN) Potable Water Lines; Claiborne County (TN) Water line Extensions/Storage; City of Harrogate (TN) Sewer System; Claiborne County (TN) Potable Water Line Extensions; sewer system for City of Blaine (TN);
Texas
Ft. Bend County (TX), Fresh Water Supply District #1; Canutillo Agricultural Science and Research Center (TX);
Vermont
State of Vermont's (VT) Agritourism Website; Equestrian Complex in Bosque County (TX);
Virginia
Martinsville (VA) West Church Street Commercial Corridor Revitalization Project; Halifax County (VA) ; Feasibility of and plans for Regional Farmers Market, Loudoun County (VA); Technical assistance and best practices outreach for Loudoun County (VA); Marketing outreach and support for specific agricultural sectors, Loudoun County (VA); Telework Consortium in Herndon (VA); Virginia (VA) Horse Center; Computed Radiography, Chesapeake (VA); Buchanan County (VA) Small Business Incubator; Dickenson County (VA) Kitchen Incubator; Grayson County (VA) Industrial Shell Building; Water and wastewater system upgrades for Luray (VA); Water and wastewater system upgrades for Madison (VA); Water and wastewater system upgrades for Shenandoah (VA); Water and wastewater system upgrades for Stanley (VA); Rappahannock Count (VA) community/economic development;
Virgin Islands (US)
St. Croix (VI) Sewer System Repair;
Washington
Rural Heritage Fair Property acquisition (WA); Raymond Carriage Museum Expansion--Raymond (WA) Riverfront Park; Morton (WA) Theater Conversion; Skagit County (WA) Fiber Optics Expansion;
West Virginia
Adrian PSD/Phase V Water Line Extension (WV); Town of Winifrede (WV) Wastewater Project; Camp Sheppard/4-H Camp (WV); Mason County Fair (WV); City of Jane Lew (WV) Sewer Plant; Vandalia Heritage Foundation (WV); Rural Health Outreach, St. Mary's Hospital (WV);
Wisconsin
Health Care Cooperative Purchasing Alliance--Stop Loss Fund (WI); Armstrong Creek (WI); Oconto Harbor (WI) Dredging; start up and technical assistance for Health Care Cooperative Purchasing Alliance (WI); Health Care Cooperative Purchasing Alliance (WI);
CHILD NUTRITION
For the Child Nutrition Programs, the Committee provides a total of $11,380,557,000, a decrease of $36,884,000 below the amount available for fiscal year 2004 and the same amount as the budget request. Of the total amount provided, $6,227,595,000 is by direct appropriation and $5,152,962,000 is by transfer.
Child Nutrition Programs:
|
School lunch program $6,532,488,000 |
|
School breakfast program $1,825,646,000 |
|
Child and adult care food program $2,064,676,000 |
|
Summer food service program $295,305,000 |
|
Special milk program $414,875,000 |
|
State administrative expenses $148,176,000 |
|
Commodity procurement $469,701,000 |
|
School meals initiative $10,025,000 |
|
Food safety education $1,000,000 |
|
Coordinated review effort $5,235,000 |
|
Computer support and processing $13,373,000 |
|
Program pay cost $57,000 |
|
Total $11,380,557,000 |
The Committee notes the School Meal Program in southern Texas is offering a new line of school meals fortified with Omega-3 fatty acids. Research suggests that long-chain Omega-3 fatty acids can help reduce the risk of heart disease, lower blood pressure and decrease the risk of sudden cardiac death and arrhythmia. The Committee also notes that learning disabilities and behavioral disorders have been linked to low serum levels of Omega-3 fatty acids. The Committee directs the Food and Nutrition Service to work aggressively to develop food products for the school meal program that are appealing to children, high in nutrition, and will foster lifelong healthy eating patterns. Particular attention should be paid to developing food choices that are high in marine-sourced long-chain Omega-3 fatty acids. The Committee urges the Food and Nutrition Service to initiate pilot programs in at least 5 regions or states to ensure that school meals contain between 500 milligrams and one gram of marine-sourced long-chain Omega-3 fatty acids that are from sources that fall under the Food and Drug Administration's status of GRAS or `Generally Recognized as Safe'.
FOREIGN AGRICULTURAL ASSISTANCE
For the Foreign Agricultural Service, the Committee provides an appropriation of $137,722,000 and transfers of $4,542,000, for a total salaries and expenses level of $142,264,000, an increase of $6,541,000 above the amount available for fiscal year 2004 and a decrease of $5,355,000 below the budget request.
The Committee recommendation includes: $1,524,000 for pay cost; $1,759,000 for ICASS; $2,000,000 to offset the increased costs in overseas currency rates; $490,000 for overseas telecommunications; and $581,000 for the capital surcharge being levied on the Foreign Agricultural Service by the State Department.
The Committee provides $581,000 for the FOREIGN AGRICULTURE SERVICE share of the State Department's `Capital Security Cost Sharing' program. This program requires agencies with an overseas presence to fund the construction of new embassies.
FOOD SAFETY RELATED TO RELATED TO TERRORISM
Shellfish safety.--The Committee expects that FDA will continue its work with the Interstate Shellfish Sanitation Commission (ISSC) to promote educational and research activities related to shellfish safety in general, and Vibrio vulnificus in particular. The Committee directs the use of not less than $250,000 for this effort. In addition, the Committee expects that FDA will continue its work with ISSC through a memorandum of understanding, and that FDA will devote not less than $200,000 to that work.
The Committee is concerned that some states are taking actions outside the ISSC process and expects the FDA to urge all states to work cooperatively in conformity with the National Shellfish Sanitation Program implemented by the ISSC.
Food safety.--The Committee recognizes the contributions which the National Center for Food Safety and Technology (NCFST) is making toward ensuring the security of the nation's food supply. The Committee directs that FDA continue to provide $3,000,000 to NCFST through the cooperative agreement. The $3,000,000 in funding shall be exclusive of any additional initiative funds that FDA may award to NCFST.
Test method evaluation.--The Committee directs that the agency continue its contract to conduct method evaluation of rapid test methods of fresh fruits and vegetables for microbiological pathogens with New Mexico State University's Physical Science Laboratory at the fiscal year 2004 level.
WERC.--The Committee expects the FDA to continue its support for the Waste Management Education and Research Consortium (WERC) and its work in food safety technology verification and education at the fiscal year 2004 level.
Antibiotics in shrimp imports.--The Committee continues to have serious concerns regarding seafood safety issues posed by banned antibiotic contamination in farm-raised shrimp imports. The Committee recommends that the FDA, in cooperation with any state testing programs, continue testing of farm-raised shrimp imports for chloramphenicol and other related harmful antibiotics used in the aquaculture industry and ensure that any adulterated shrimp that tests positive for chloramphenicol or other banned antibiotics will be destroyed or exported from the United States.
Dental mercury.--The Committee is concerned about the safety of mercury in dental amalgam, and its classification within FDA's regulatory framework. The Committee understands that recent studies have found high mercury levels in some pregnant women and infants, but have not attributed the mercury to a particular source. FDA proposed to reclassify dental mercury in February 2002 and the rulemaking is not complete. It is the Committee's understanding that FDA has contracted for a comprehensive review and examination of peer-reviewed literature by an independent outside source, which will be completed in the summer of 2004. The Committee requests a copy of the report. The Committee urges the Food and Drug Administration to continue its examination of the peer-reviewed scientific literature on the safety of mercury and take action on the reclassification of dental mercury in light of these scientific findings.
FDA rule- On January 26, 2004, in response to the BSE case in Washington state, FDA announced it was issuing new rules banning various bovine-derived material from human food and cosmetics, prohibiting feeding mammalian blood products and several other substances to ruminants, and requiring separation of the production of ruminant and non-ruminant feed. In announcing the new rules, Secretary Thompson said, `this is the time to make sure the public is protected to the greatest extent possible.' The Committee is very concerned that FDA has still not published these rules nearly five months later. In the absence of the new rules, compliance with the proposed new safeguards is not required. The Committee directs FDA to issue these rules at the earliest possible time.
Included in this funding level are increases of $43,367,000 for food safety and counter-terrorism activities, $8,325,000 for BSE-prevention activities, $23,055,000 for medical device review, and $5,000,000 for medical countermeasures relating to terrorism. Within the total amount for the agency, $484,974,000 in budget authority and $8,046,000 in user fees are made available for field activities conducted by the Office of Regulatory Affairs. Within the $43,367,000 increase the Committee provides for food safety and counter-terrorism activities are the following: $7,000,000, the full amount requested for inspections; $23,067,000 for the Food Emergency Response Network; $9,000,000 for research; $2,500,000 for biosurveillance; and $1,800,000 for incidence management. The Committee assumes a cut of $23,122,000 from FDA's base resources, as proposed in the President's budget. To maintain agency functions the Committee provides the requested amount for cost of living requirements.
WOMEN’S HEALTH
Women's health.--The Committee recommendation includes an increase of $325,000 above the budget request for the Office of Women's Health, for a total of not less than $4,000,000. Part of this office's mission is to determine if we are designing systems and collecting data to find the crucial differences between women and men's diagnoses, treatment, and outcomes for a given disease. Coronary heart disease is a predominant cause of mortality in women in the United States, and studies have shown that women differ from men in the symptoms they present, the effectiveness of diagnostic testing, success of treatment regimens, and their prognoses. The Committee directs that, in addition to base resources for that purpose, $250,000 of the increase amount is to be used for research, data analysis, and outreach related to cardiovascular disease in women. The Committee provides $75,000 of the increase amount for continuation and expansion of the hormone therapy education program.
PHARMACEUTICAL SPENDING
Orphan products.--The Committee directs that no less than $15,000,000 be available for grants and contracts awarded under section 5 of the Orphan Drug Act, an increase of $1,808,000 over the amount available in fiscal year 2004.
Product Development in the coordination of government-wide efforts to accelerate development and approval of orphan drugs. Concurrent with this, the Committee requests confirmation that the agency's stakeholder initiative is fully implemented in the orphan product area. The Committee also requests a schedule of outreach activities, including workshops and meetings planned for fiscal year 2005, and a list of those that occurred in fiscal year 2004, by January 31, 2005.
The Committee is concerned about the availability of diagnosis and treatment for rare eye disorders, and requests that the agency update the Committee on progress in this area.
Diagnostic tests.--The Committee is concerned that there has been insufficient attention to the development of diagnostic tests for rare diseases. The Committee requests that the Commissioner, in consultation with the Office of Orphan Products Development, evaluates this situation and reports to the Committee by January 31, 2005, on current activities and on what steps have been taken to increase FDA's commitment and results in this area.
Rare Diseases Clinical Trials and Drug Evaluation.--The Committee supports rapid access to therapeutics for children and adults with rare diseases. The Committee encourages the FDA to make the best possible use of FDA's Advisory Committee members in FDA's considerations of clinical trial design and allow the same panel to participate in final review meetings, when feasible. The Committee supports utilization of qualified independent consultants as reflected in the draft guidance document `Independent Consultants for Biotechnology Clinical Protocols' issued in May 2003. The Committee encourages exploration of potential surrogate endpoints and use of the fast-track process, where appropriate, to make drugs available as early as possible for serious and life-threatening orphan diseases.
Spending for the Generic Drugs Program-
The Committee commends the Agency for making progress over the past several years in expediting the review of generic drug applications. In order to ensure that this success continues, the Committee directs FDA to maintain spending for this program at not less than $56,000,000.
Alpha-1 Antitrypsin Deficiency.--The Committee commends the agency for the progress made in bringing two additional plasma-based therapies to market for the treatment of the progressive lung disease Alpha-1. Further, the Center for Biologics Evaluation and Research (CBER) is recognized for meeting with consumer stakeholders in efforts to further the development of the next generation of therapies. The Committee encourages CBER to facilitate the development of therapies that will eliminate the dependence of the Alpha-1 community on plasma-derived products and to foster these therapies in order to treat the entire spectrum of individuals with Chronic Obstructive Pulmonary Disease.
GENETICALLY MODIFIED FOODS
Labeling of Genetically Modified Foods: Final Rule- In January 2001, FDA issued a proposed rule concerning food developed through biotechnology. As proposed, the rule would require food developers to notify FDA at least 120 days in advance of their intent to market a food or animal feed developed through biotechnology and to provide information to demonstrate that the product is as safe as its conventional counterpart. The comment period ended April 3, 2001. The Committee expects the Agency to make this matter a high priority, and finalize both the pre-market notification rule as well as the related guidance document that assists manufacturers who wish to label their food products as being made with or without ingredients developed through biotechnology.
CONCERNS AND OPPOSITION TO THE BILL To Top
USDA IN VIOLATION OF APPROPRIATION RULES
CONCERNS ABOUT MANAGEMENT OF USDA AND FDA
While it was possible to address many of the issues outlined above, there are key funding shortfalls in the bill that cannot be remedied within the inadequate allocation provided to the subcommittee. We will highlight some of the key funding problems.
First, due to the inadequate allocation, the bill does not provide all the funds we expect the WIC program to need this year. Those funds will have to be provided in conference, but unless the allocation is increased, there may be cuts in other programs.
Second, the bill cuts 60 percent of the requested increase for homeland security activities at USDA's Food Safety and Inspection Service and one-third of the requested homeland security increase for FDA food safety activities. Since many people believe the requests did not go far enough to protect our food supply, it is very disturbing to see them underfunded.
Third, the bill fails to provide even the level of funding in the rural water and waste program and the rural single family housing direct loan program that was provided last year. There are also a host of reductions in other programs in the bill.
Fourth, in an effort to make up for the poor allocation, the bill makes cuts in farm bill programs that are nearly twice as large as those in last year's bill and deeper than those in the Bush budget.
As we have noted, the allocation given to the Subcommittee is inadequate. It is $67 million lower than the level provided in the 2004 bill, and $1.1 billion lower than the 2003 bill. In fact, it is so inadequate that millions of dollars requested by the administration could not be funded.
‘Findings from the hearings and from recent news reports raise serious questions about the management by USDA and FDA of the BSE case--questions to which we still do not have answers--and about the apparent lack of oversight by senior officials of some important decisions made by their own staffs.
For example:
‘Was the cow in Washington state actually a downer? Were official records altered? There is now a federal criminal investigation underway.
‘Why didn't USDA test a cow in Texas that was showing BSE symptoms? This is under investigation by the USDA Inspector General.
‘Why did USDA allow millions of pounds of banned Canadian beef products into the U.S.? This is now under investigation by the USDA Inspector General.
‘Why are promised BSE safeguards for human food, cosmetics and animal feed not in place yet? In January, FDA announced it was going to issue key rules to protect human food and cosmetics, and animal feed from the risk of BSE. As of today, more than five months later, the rules are still not out. Until the rules are issued, the public remains unprotected.
‘Did a government employee leak advance information about the BSE case to someone in the commodity futures trading business? That matter is now under investigation by the Commodity Futures Trading Commission.
‘When a federal judge found USDA had illegally allowed the import of prohibited beef products from Canada, the Secretary's press person said (Secretary of Agrivulture) Veneman had not been informed that her own Department had approved the imports for entry into the U.S.
‘When Senator Daschle raised questions about USDA guidance on the effect of Medicare prescription drug benefits on Food Stamp eligibility, press reports said Secretary Veneman and Under Secretary Bost were unaware of the guidance.
‘At the FDA budget hearing, the Acting Commissioner seemed unaware of briefs filed by the FDA General Counsel seeking to stop private lawsuits against drug companies for the death or injury of people taking FDA-approved drugs.
‘Democrats proposed six amendments to the report relating directly to the BSE issue. The amendments noted many of the outstanding issues and requested further information. In the case of FDA, the language called for prompt issuance of the promised rules.
The Chairman included these amendments in the manager's amendment.’
David Obey.
Marcy Kaptur.
Rosa DeLauro.
Maurice Hinchey.
Sam Farr.
Allen Boyd.
USDA VIOLATED EXPLICIT STATUTORY PROVISIONS IN THE AGRICULTURE APPROPRIATIONS BILL
In two cases, senior officials at USDA approved actions that were specifically prohibited in the Agriculture bill. In one instance, USDA transferred millions of dollars from agencies' funds to another account for `e-Gov' initiatives. In the other, the USDA natural resources staff were told to charge some of the costs of farm bill conservation programs to a discretionary conservation account. Both actions were in violation of explicit prohibitions in bill language.
Because of concern that the transfers of funds were undermining the constitutional prerogatives of Congress, Mr. Obey offered an amendment to stop all of USDA's existing transfer authority, with the strong support of the Majority. Obviously, USDA needs some transfer authority to carry out various functions. Such authority will be provided once there is an explicit understanding that the administration will respect the limitations Congress imposes on such transfers.
COMMENTS ON THE FLOOR
Rep. Marcy Kaptur (D-OH-9th) “The bill before us today provides a total of slightly more than $83 billion, that is no small change, with nearly $66 billion, or 80 percent, four-fifths of the bill, that we are mandated to spend. That means that programs, such as our Food Stamp program, we must spend those dollars to meet growing needs in the country. And in this year's bill that totals about $33 billion.
“If you think the economy is improving, you will not find evidence of that claim in this bill. In fact, this bill contains $16.772 billion in what we call discretionary spending. That is the part of the bill where we can really try to direct resources to very important needs in the country, but this year we have a $67 million reduction over the prior year. And, in fact, it is a 6 percent reduction compared to 2 years ago for the fiscal 2003 budget. In fact, it is $1.100 billion below that.
“(The bill cut the)facilities program by $36 million, so all the Members that asked us for more help for their particular communities, we could not do that.
“In the rural water and sewer grant program, we are $86 million underfunded. That is just to meet where we were last year, because the needs are so much greater.
“It looks as though we are going to be at least $150 million short in the women, infants and children's food program, WIC, and nearly $15 million short in the commodity supplemental food program under this bill, despite appreciated increases. I want to thank the gentleman from Texas for his efforts there.
“At the same time, we are also in this bill forced to debate tomorrow cutting renewable energy programs. We are also not funding needed market development tools. And we have a Department of Agriculture that may be preparing to extend additional credits to Iraq, but meanwhile forgiving $4 billion in accumulated principal and interest owed by the Rafidain Bank of Iraq. We want to make sure that whatever is done relative to Iraq upholds existing law and does not permit the type of fraud that occurred during the 1980s and 1990s and the misuse of the Commodity Credit Corporation programs in arming Saddam Hussein and strengthening his power. That was done during the Reagan-Bush administrations and the Bush-Quayle administrations, over the strong objections of this Congress.
“They say that we cannot expand the senior farmers market program to all States so that needy seniors can purchase locally grown fruit and vegetables from farmers who earn from the market, not transfer payments. Yet we know that over half the States in the Union still do not even have beginning funds to bring that important program on-line to really help farmers who are diversified close to our cities.
“In international trade, there continues a downward trend as the U.S. moves for the first time in its history toward becoming a net food importer. Meanwhile, the Department of Agriculture cannot give us effective solutions for controlling and assessing liability for invasive species that are a huge and rising cost to the American taxpayer due to misapplied free trade policies, mismanaged, misapplied, misguided.
“In this bill, there are hundreds of millions of dollars of tax money that has to be diverted to take care of the Asian longhorn beetle in New York, Chicago and many other places and the emerald ash borer in places like Michigan and Ohio. Those bills should not come to rest at the foot of the American taxpayer. They should be paid for by the commercial interests that bring those critters into this country, and they should not be getting off Scott free for the damage that they are causing. Nonetheless, we have to fund those remediation programs in this bill. Those costs have been rising exponentially during this decade of the 1990s and into this new millennium.
“Officials that are charged with ensuring the safety of our food supply cannot answer basic questions about how many cattle have been tested to ensure public health and safety or tell us when procedures for dealing with this national need will at long last be satisfied. It is amazing that the Department of Agriculture cannot do that. What a shame.
“Meanwhile, export markets remain closed even to producers who are willing to pay themselves for the testing so that our export customers can reopen their markets. America's family farmers and ranchers have always had a vision for America's future. They daily demonstrate a willingness to work harder and smarter than their competitors. They possess a keen appreciation for the fact that their accomplishments provide a safe and bountiful food supply which allows most Americans to expend their energies in other industries and business endeavors. We need to support the efforts of these productive Americans by providing them with the tools for continued success, fair prices, fair trade policies, fair access to new technologies, and fair and consistent standards imposed on imported products that do not place economic burdens on domestic producers.”
Mr. LATHAM. Mr. Chairman, I would like to engage the distinguished chairman of the subcommittee in a colloquy.
Rep. Tom Latham (R-IA-4th), I have been and remain concerned about the funding level for the renewable energy program. The bill before us today funds this program at $15 million; and even though this funding level is a $4.2 million increase above the budget request, it is $8 million below the fiscal year 2004 funding level.
“As we have discussed, this program is important to Iowa and the whole country, particularly in the wind and biomass areas, because it makes grants available to rural, small businesses, agricultural producers and others who purchase renewable energy systems or make energy improvements. This program has the potential to improve rural living standards and economic opportunities and to create jobs. In short, there is a significant value-added component for rural areas that comes with this program.
“Yes, we see people getting back on the employment rolls, and that is a good thing; but we still have had since 2001 a 45 percent increase in demand for the food stamp program.”
H.AMDT.669
to to change the title of the "John Ogonowski Farmer-to-Farmer Program" to the
"Doug Bereuter and John Ogonowski Farmer-to-Farmer Program.”
Sponsor: Rep Hyde, Henry J. [R-IL-6th] Agreed to by voice vote.
H.AMDT.670 to increase funding for the Farm Service
Agency, Salaries and Expenses by $52,873,606, to increase funding for the
Natural Resources Conservation Service, Conservation Operations by $40,458,661
and to increase funding for Rural Development, Salaries and Expenses by
$27,624,733.
Sponsor: Rep Bonilla, Henry [R-TX-23rd] Agreed to by voice vote.
H.AMDT.671 to provide $250,000 for the Office of the
Assistant Secretary for Civil Rights, $1 million for tribal extension grants,
$750,000 for grants for socially disadvantaged farmers and ranchers and $1.5
million for Hispanic-serving institutions under the Cooperative State Research,
Education, and Extension Service account.
Sponsor: Rep Baca, Joe [D-CA-43rd] The amendment seeks to amend portions
of the bill not yet read for amendment and cannot be offered in its present
form. The Chair sustained the point of order.
H.AMDT.672
to to increase the amount provided for direct and guaranteed renewable energy
loans and grants by $8 million, to a total of $23 million. That increase would
be offset by reducing the amount of funding by $8 million, to $113 million, the
funds appropriated for the Common Computing Environment account.
Sponsor: Rep Kaptur, Marcy [D-OH-9th] Agreed to by voice vote.
H.AMDT.673
to increase funding by $5 million for the prevention of sudden oak death. The
increase is offset by a reduction in funds for Agriculture Buildings and
Facilities and Rental Payments account.
Sponsor: Rep Hooley, Darlene [D-OR-5th] Agreed to by recorded vote: 260 -
160 (Roll no. 363).
H.AMDT.674
to to increase funds (by transfer) in the amount of $19.667 million for APHIS
(Animal and Plant Health Inspection Service) accounts.
Sponsor: Rep Weiner, Anthony D.
[D-NY-9th] The amendment seeks to amend portions of the bill not yet read for
amendment, is not budget neutral, and cannot be offered in its present form. The
Chair sustained the point of order.
H.AMDT.675
to increase funds (by transfer) in the amount of $18 million for APHIS (Animal
and Plant Health Inspection Service) accounts.
Sponsor: Rep Weiner, Anthony D.
[D-NY-9th] Agreed to by recorded vote: 223 - 197 (Roll no. 364).
H.AMDT.676
to reduce by $1.2 million, the funding for the Office of the Inspector General,
and to increase funding by the same amount for the purpose of enforcing the
section of the Animal Welfare Act that deals with combating animal fighting.
Sponsor: Rep Blumenauer, Earl [D-OR-3rd] Agreed to by voice vote.
H.AMDT.678
to prohibit use of funds made available for school lunch or breakfast programs
after December 31, 2004, to purchase chickens or chicken products from companies
that do not have a stated policy that such companies do not use fluoroquinolone
antibiotics in their chickens.
Sponsor: Rep Brown, Sherrod [D-OH-13th] By unanimous consent, the Brown
(OH) amendment was withdrawn.
H.AMDT.680
to increase funds in the following accounts as specified: Office of the
Secretary for Civil Rights, $250,000; Cooperative State Research, Education, and
Extension Service--Research and Education Activities, $1.5 million.
Sponsor:
Rep Baca, Joe
[D-CA-43rd] Failed by recorded vote: 205 - 209 (Roll no. 366).
H.AMDT.681
to add a new section providing that none of the funds under the food stamp
program may be expended in contravention of section 213a of the Immigration and
Nationality Act (8 U.S.C. 1183a).
Sponsor: Rep Tancredo, Thomas G. [R-CO-6] Failed by recorded vote: 156 -
262 (Roll no. 367).
H.AMDT.682
to to prohibit use of funds to carry out section 203 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5623) or to pay the salaries and expenses of personnel who
carry out a market program under such section.
Sponsor: Rep Chabot, Steve [R-OH-1] Failed by recorded vote: 72 - 347
(Roll no. 368).
H.AMDT.683 to to increase funds (by offset) by $1
million for agricultural tourism.
Sponsor: Rep Sanders, Bernard [I-VT] Agreed to by voice vote.
H.AMDT.684 to prohibit funds from being available to
pay the salaries and expenses of employees of the Department of Agriculture who
make payments from any appropriated funds to tobacco quota holders or producers
of quota tobacco.
Sponsor: Rep Flake, Jeff [R-AZ-6th] Agreed to by voice vote.
H.AMDT.685 to prohibit use of funds from being used
to provide credits or credit guarantees for agricultural commodities provided
for use in Iraq in violation of subsection (e) or (f) of section 202 of the
Agricultural Trade Act of 1978.
Sponsor:
Rep Kaptur, Marcy
[D-OH-9th] Agreed to by voice vote.
H.AMDT.686 to increase funding to the Center for
Drug Evaluation and Research by $500,000.
Sponsor: Rep Hinchey, Maurice D. [D-NY-22nd] Agreed to by voice vote.
H.AMDT.687 to add a new section prohibiting the use
of funds from being available to pay the federal share of the administrative
costs of any state's operation of the food stamp program that are performed
outside the United States.
Sponsor: Rep Kaptur, Marcy [D-OH-9th] Agreed to by voice vote.
H.AMDT.688 to add a new section to the bill to
increase the amount available by $6,000,000 under title I for "Marketing
Services" under the heading "AGRICULTURAL MARKETING SERVICE" (for the Farmers
Market Promotion Program and administrative expenses related to such program).
Sponsor: Rep Kaptur, Marcy [D-OH-9th] Failed by recorded vote: 206 - 213
(Roll no. 369).
H.AMDT.689
to add a new section to the bill prohibiting funds from being made available to
pay for the official travel of employees of the Department of Agriculture whose
station of duty is at the Washington, D.C. headquarters until the Secretary
certifies to Congress that the Secretary has implemented a voluntary program
under which beef slaughtering establishments may acquire and use rapid screen
testing kits to test beef carcasses for the presence of bovine spongiform
encephalopathy.
Sponsor: Rep Tiahrt, Todd [R-KS-4th] Mr. Bonilla stated that the Tiahrt
amendment seeks to change existing law and constitutes legislation in an
appropriations bill. The Chair sustained the point of order.
H.AMDT.690
to add a new section to the bill to prohibit the use of funds from being made
available to restrict to prescription use a contraceptive that is determined to
be safe and effective for use without the supervision of a practitioner licensed
by law to administer prescription drugs.
Sponsor: Rep Maloney, Carolyn B [R-NY-14] Agreed to by voice vote.
H.AMDT.691 to add a new section to the bill
prohibiting the use of funds from being available to acquire new information
technology systems or significant upgrades, as determined by the Office of Chief
Information Officer, without the approval of the Chief Information Officer and
the concurrence of the Executive Information Technology Investment Review Board.
Sponsor: Rep. David R Obey [R-WI-7] Agreed to by voice vote.
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