S.Amdt. 1789

1. Inserts “Provided further, That of the amounts appropriated for salaries and expenses for the Offi…” after “for these offices:”

   InsertsPage 143, line 10Printed page

   In H.R. 2744 · Reported to Senate

   salaries and expenses

   For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92-313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107-188; $1,841,959,000: Provided, That of the amount provided under this heading, $305,332,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h, shall be credited to this account and remain available until expended, and shall not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2007 but collected in fiscal year 2006; $40,300,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j, and shall be credited to this account and remain available until expended; and $11,318,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j, and shall be credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical device, and animal drug assessments received during fiscal year 2006, including any such fees assessed prior to the current fiscal year but credited during the current year, shall be subject to the fiscal year 2006 limitation: Provided further, That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total amount appropriated: (1) $450,179,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs; (2) $515,430,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $178,714,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $99,787,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $245,770,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $41,152,000 shall be for the National Center for Toxicological Research; (7) $58,515,000 shall be for Rent and Related activities, other than the amounts paid to the General Services Administration for rent; (8) $134,853,000 shall be for payments to the General Services Administration for rent; and (9) $117,559,000 shall be for other activities, including the Office of the Commissioner; the Office of Management; the Office of External Relations; the Office of Policy and Planning; and central services for these offices: Provided further, That [inserted: of the amounts appropriated for salaries and expenses for the Office of Regulatory Affairs, such sums as are necessary shall be used to study and prepare a report to Congress examining the prevalence of unsafe levels of pesticide chemical residue, as such term defined in section 201(q)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)(2)), in ginseng and products containing ginseng, which study shall include a comparison of the pesticide chemical residue in ginseng that is known to be foreign grown with such residue in ginseng that is known to be domestically grown, the sampling and testing of retail and wholesale samples of raw ginseng and products containing ginseng for pesticide chemical residue, and a determination, if possible, of the prevalence of ginseng and ginseng-containing products that are misbranded as containing ginseng grown in the United States or in Wisconsin, and shall be designed in such a manner that the ginseng samples collected from retail and wholesale establishments for the study can be used as part of potential enforcement actions if the Commissioner of Food and Drugs determines that the level of pesticide chemical residue is unsafe; Provided further, That ]funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263b may be credited to this account, to remain available until expended. In addition, export certification user fees authorized by 21 U.S.C. 381 may be credited to this account, to remain available until expended.

   buildings and facilities

   Original wording

   On page 143, line 10, after “for these offices:”, insert “Provided further, That of the amounts appropriated for salaries and expenses for the Office of Regulatory Affairs, such sums as are necessary shall be used to study and prepare a report to Congress examining the prevalence of unsafe levels of pesticide chemical residue, as such term defined in section 201(q)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)(2)), in ginseng and products containing ginseng, which study shall include a comparison of the pesticide chemical residue in ginseng that is known to be foreign grown with such residue in ginseng that is known to be domestically grown, the sampling and testing of retail and wholesale samples of raw ginseng and products containing ginseng for pesticide chemical residue, and a determination, if possible, of the prevalence of ginseng and ginseng-containing products that are misbranded as containing ginseng grown in the United States or in Wisconsin, and shall be designed in such a manner that the ginseng samples collected from retail and wholesale establishments for the study can be used as part of potential enforcement actions if the Commissioner of Food and Drugs determines that the level of pesticide chemical residue is unsafe;”.

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As printed