[Congressional Record Volume 142, Number 110 (Wednesday, July 24, 1996)]
[Senate]
[Pages S8645-S8646]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

 THE AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1997

                                 ______
                                 

                        BROWN AMENDMENT NO. 5002

  Mr. BROWN proposed an amendment to the bill (H.R. 3603) making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and related agencies programs for the fiscal year 
ending September 30, 1997, and for other purposes; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     ``SEC.   . INTERIM MORATORIUM ON BYPASS FLOWS.

       ``(a) Moratorium.--Section 389(a) of P.L. 104-127 is 
     amended by striking ``an 18-month'' after the word ``be'' and 
     inserting ``a 20-month''.
       ``(b) Report.--Section 389(d)(4) of P.L. 104-127 is amended 
     by striking ``1 year'' after the word ``than'' and inserting 
     ``14-months''.
       ``(c) Extension for Delay.--Section 389 of P.L. 104-127 is 
     amended by adding at the end the following new subsection:
       `` `(e) Extension for Delay.--There shall be a day-for-day 
     extension to the 20-month moratorium required by subsection 
     (a) and a day-for-day extension to the report required by 
     subsection (d)(4)--
       `` `(1) for every day of delay in implementing or 
     establishing the Water Rights Task Force caused by a failure 
     to nominate Task Force members by the Administration or by 
     the Congress; or
       `` `(2) for every day of delay caused by a failure by the 
     Secretary of Agriculture to identify adequate resources to 
     carry out this section.' ''
                                 ______
                                 

                       KENNEDY AMENDMENT NO. 5003

  Mr. KENNEDY proposed an amendment to the bill, H.R. 3603, supra; as 
follows:

       On page 59, line 6, after ``consumers).'' insert:
       ``(b) Goals.--Goals consistent with the proposed rule 
     described in subsection (a) are the distribution of useful 
     written information to 75% of individuals receiving new 
     prescriptions by the year 2000 and to 95% by the year 2006.''
       On page 59, line 16 insert the following ``(4) contain 
     elements necessary to ensure the transmittal of useful 
     information to the consuming public, including being 
     scientifically accurate, non-promotional in tone and content, 
     sufficiently specific and comprehensive as to adequately 
     inform consumers about the use of the product, and in an 
     understandable, legible format that is readily comprehensible 
     and not confusing to consumers expected to use the product.''
       On page 60, line 5, insert after the word ``if'' the 
     following: ``(1)''.
       On page 60, line 8, strike the words ``and begin to 
     implement'' and insert the following: ``and submit to the 
     Secretary for Health and Human Services''.
       On page 60, line 10, strike the words ``regarding the 
     provision of oral and written prescription information.'' and 
     insert the following: ``which shall be acceptable to the 
     Secretary of Health and Human Services; (2) the 
     aforementioned plan is submitted to the Secretary of Health 
     and Human Services for review and acceptance (provided that 
     the Secretary shall give due consideration to the submitted 
     plan and that any such acceptance shall not be arbitrarily 
     withheld); and (3) the implementation of (a) a plan accepted 
     by the Secretary commences within 30 days of the Secretary's 
     acceptance of such plan, or (b) the plan submitted to the 
     Secretary commences within 60 days of the submission of such 
     plan if the Secretary fails to take any action on the plan 
     within 30 days of the submission of the plan. The Secretary 
     shall accept, reject or suggest modifications to the plan 
     submitted within 30 days of its submission. The Secretary may 
     confer with and assist private parties in the development of 
     the plan described in sub-sections (a) and (b).''
       On page 60, line 20 through line 22, strike ``The Secretary 
     shall not delegate such review authority to the Commissioner 
     of the Food and Drug Administration.''
       On page 59, line 7, re-letter sub-section (b) to sub-
     section (c), and on page 59, line 16, re-number subparagraph 
     (4) to subparagraph (5), and on page 59, line 21, re-number 
     subparagraph (5) to subparagraph (6), and on page 59, line 
     23, re-letter sub-section (c) to sub-section (d), and on page 
     60, line 12, re-letter sub-section (d) to sub-section (e).
                                 ______
                                 

                 BURNS (AND OTHERS) AMENDMENT NO. 5004

  Mr. BURNS (for himself, Mr. Baucus, and Mr. Craig) proposed an 
amendment to the bill, H.R. 3603, supra; as follows:

       At the appropriate place in the bill, add the following new 
     section.

     SEC.   . BARLEY PAYMENTS.

       Section 113 of Public Law 104-127 is amended by inserting a 
     new subsection (g) that reads:
       ``(g) Adjustment in Barley Allocation.--In addition to the 
     adjustments required under subsection (c), the amount 
     allocated under subsection (b) for barley contract payments 
     shall be increased by $20,000,000 in fiscal year 1998, and 
     shall be reduced by $5,000,000 in each of fiscal years 1999-
     2002.''
                                 ______
                                 

                       SIMPSON AMENDMENT NO. 5005

  Mr. COCHRAN (for Mr. Simpson) proposed an amendment to the bill, H.R. 
3603, supra; as follows:

       At the end of the bill, add the following:

     SEC.   . EASEMENTS ON INVENTORIED PROPERTY

       None of the funds appropriated or otherwise made available 
     by this Act may be used by the Secretary of Agriculture to 
     establish a wetland conservation easement under section 
     335(g) of the Consolidated Farm and Rural Development Act (7 
     U.S.C. 1985(g)) on an inventoried property that was used for 
     farming (including haying and grazing) at any time during the 
     period beginning on the date 5 years before the property 
     entered the inventory of the Secretary and ending on the date 
     the property entered the inventory of the Secretary. To the 
     extent that land would otherwise be eligible for one easement 
     haying and grazing must be done according to a plan approved 
     by the Natural Resources Conservation Service.
                                 ______
                                 

                      HATFIELD AMENDMENT NO. 5006

  Mr. COCHRAN (for Mr. Hatfield) proposed an amendment to the bill, 
H.R. 3603, supra; as follows:

       On page 42, line 26 before the colon, insert the following: 
     ``: Provided further, That of the total amount appropriated, 
     not less than $2 million shall be available for grants in 
     accordance with section 310B(f) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1932(f))''
                                 ______
                                 

                     KEMPTHORNE AMENDMENT NO. 5007

  Mr. COCHRAN (for Mr. Kempthorne) proposed an amendment to the bill, 
H.R. 3603, supra; as follows:

       At the appropriate place in the bill, add the following:

     SEC.   . GRANTS FOR PRECISION AGRICULTURAL TECHNOLOGIES.

       Section 793(c)(2)(A) of the Federal Agriculture Improvement 
     and Reform Act of 1996 (7 U.S.C. 2204f(c)(2)(A)) is amended--
       (1) in clause (vii), by striking ``and'' at the end;
       (2) in clause (viii), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(ix) develop and apply precision agricultural 
     technologies.''.
                                 ______
                                 

                       SHELBY AMENDMENT NO. 5008

  Mr. COCHRAN (for Mr. Shelby) proposed an amendment to the bill, H.R. 
3603, supra; as follows:

       At the appropriate place in the bill, add the following:

 TITLE VIII--SUPPLEMENTAL APPROPRIATIONS AND RESCISSION FOR THE FISCAL 
                     YEAR ENDING SEPTEMBER 30, 1996


                       department of the treasury

                bureau of alcohol, tobacco, and firearms

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses,'' to 
     be used in connection with investigations of arson or 
     violence against

[[Page S8646]]

     religious institutions, $12,011,000, to remain available 
     until expended.


                        internal revenue service

                          Information Systems

                              (Rescission)

       Of the funds made available under this heading in Public 
     Law 104-52, $16,500,000 are rescinded.
                                 ______
                                 

                DOMENICI (AND OTHERS) AMENDMENT NO. 5009

  Mr. COCHRAN (for Mr. Domenici, for himself, Mr. Helms, Mr. Thurmond, 
Mr. Faircloth, and Mr. Bingaman) proposed an amendment to the bill, 
H.R. 3603, supra; as follows:

       At the appropriate place in the bill, insert the following:


                       department of agriculture

                          farm service agency

       For an additional amount for the Agricultural Credit 
     Insurance Fund Program Account for the additional cost of 
     emergency insured loans authorized by 7 U.S.C. 1928-1929, 
     including the cost of modifying such loans as defined in 
     section 502 of the Congressional Budget Act of 1974, 
     resulting from droughts in the western United States, 
     Hurricane Bertha, and other natural disasters, to remain 
     available until expended, $25,000,000: Provided, That these 
     funds are available to subsidize additional gross obligations 
     for the principal amount of direct loans of $85,208,000: 
     Provided further, That the entire amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     amount shall be available to the extent that the President 
     notifies Congress of his designation of any or all of these 
     amounts as an emergency requirement under section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
                                 ______
                                 

                       KERREY AMENDMENT NO. 5010

  Mr. BUMPERS (for Mr. Kerrey) proposed an amendment to the bill, H.R. 
3603, supra; as follows:

       On page 23, line 8, strike ``$22,728,000'' and insert 
     ``$23,928,000''.
       On page 46, line 14, strike ``$657,942,000'' and insert 
     ``$656,742,000''.
                                 ______
                                 

                 DORGAN (AND CONRAD) AMENDMENT NO. 5011

  Mr. BUMPERS (for Mr. Dorgan, for himself and Mr. Conrad) proposed an 
amendment to the bill, H.R. 3603, supra; as follows:

       At the end of the bill, add the following:

     SEC.  . SENSE OF SENSE ON CANADIAN WHEAT AND BARLEY EXPORTS.

       It is the sense of the Senate that--
       (1) the United States Trade Representative should continue 
     to carefully monitor the export of wheat and barley from 
     western Canada to the United States;
       (2) the bilateral Memorandum of Understanding with Canada 
     clearly states that the United States--
       (A) will not accept market disruptions from imports of 
     Canadian grains; and
       (B) will use its trade laws if it appears likely that 
     market disruptions will occur;
       (3) the United States Trade Representative should monitor 
     any policy changes by the Canadian Government, acting through 
     the Canadian Wheat Board, that have the potential for 
     increasing the exports of Canadian grains to the United 
     States;
       (4) family farmers of the United States should not be 
     subjected to increases in the 1-way channel of Canadian grain 
     exports to the United States that unfairly disrupt the grain 
     transportation systems and depress the prices received by 
     farmers; and
       (5) the United States Trade Representative should be 
     prepared to support the use of antidumping laws, 
     countervailing duty laws, section 301 of the Trade Act of 
     1974 (19 U.S.C. 2411), and other United States laws 
     consistent with the international obligations of the United 
     States, if--
       (A) the Canadian Government implements the changes 
     described in paragraph (3) without a resolution of the 
     underlying cross-border grain trading issues between the 
     United States and Canada; and
       (B) the changes lead to unfair and injurious exports of 
     Canadian grain to the United States.
                                 ______
                                 

                      MIKULSKI AMENDMENT NO. 5012

  Mr. BUMPERS (for Ms. Mikulski) proposed an amendment to the bill, 
H.R. 3603, supra; as follows:

       At the appropriate place insert the following:
       Not later than 180 days after enactment of this Act, the 
     Administrator of the Food and Drug Administration, in 
     consultation with the States and other appropriate Federal 
     agencies shall report to the Chairman and Ranking Member of 
     the Committee on Appropriations of the House and Senate on 
     the feasibility of applying DNA testing or other testing 
     procedures to determine the adulteration, blending, mixing or 
     substitution of crab meat other than Callinectes Sapidus 
     offered for sale in the United States. The Administrator also 
     shall report on the feasibility of developing a database of 
     imported crab meat shipments from port of entry to final 
     wholesaler to be made available to State agencies to aid 
     enforcement and public health protection.
                                 ______
                                 

                        LEAHY AMENDMENT NO. 5013

  Mr. BUMPERS (for Mr. Leahy) proposed an amendment to the bill, H.R. 
3603, supra; as follows:

       At the appropriate place insert the following:
       ``No funds appropriated or otherwise made available to the 
     Secretary of Agriculture may be used to administer Section 
     118(b)(2)(A) of the Agricultural Marketing Transition Act 
     unless the planting of a fruit or vegetable on contract 
     acreage, if planted subsequent to the failure of a contract 
     commodity on the same acreage within the same crop year is 
     permitted on contract acreage: Provided, That this provision 
     shall take effect upon the date of enactment of this Act into 
     law.''
                                 ______
                                 

                WELLSTONE (AND GRAMS) AMENDMENT NO. 5014

  Mr. BUMPERS (for Mr. Wellstone, for himself and Mr. Grams) proposed 
an amendment to the bill, H.R. 3603, supra; as follows:

       At the end of the bill, add the following:

     SEC.  . PLANTING OF WILD RICE ON CONTRACT ACREAGE.

       None of the funds appropriated in this Act may be used to 
     administer the provision of contract payments to a producer 
     under the Agricultural Market Transition Act (7 U.S.C. 7201 
     et seq.) for contract acreage on which wild rice is planted 
     unless the contract payment is reduced by an acre for each 
     contract acre planted to wild rice.

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