[Congressional Record Volume 146, Number 64 (Monday, May 22, 2000)]
[House]
[Pages H3523-H3526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

               Legislative Branch Appropriations, FY 2001

                          Offered By: Mr. Ney

       Amendment No. 1: Page 8, line 24, insert after the first 
     dollar figure the following: ``(increased by $7,000,000)''.
       Page 8, line 24, insert after the second dollar figure the 
     following: ``(increased by $3,290,000)''.
       Page 9, line 2, insert after the dollar figure the 
     following: ``(increased by $3,710,000)''.
       Page 22, line 11, insert after the first dollar figure the 
     following: ``(reduced by $5,000,000)''.
       Page 23, line 14, insert after the first dollar figure the 
     following: ``(reduced by $500,000)''.
       Page 24, line 16, insert after the dollar figure the 
     following: ``(reduced by $500,000)''.
       Page 28, line 15, insert after the dollar figure the 
     following: ``(reduced by $1,000,000)''.

               Legislative Branch Appropriations, FY 2001

                          Offered By: Mr. Ney

       Amendment No. 2: Page 22, line 11, insert after the first 
     dollar figure the following: ``(reduced by $3,000,000)''.
       Page 23, line 14, insert after the first dollar figure the 
     following: ``(reduced by $500,000)''.
       Page 24, line 1, insert after the dollar figure the 
     following: ``(increased by $5,000,000)''.
       Page 24, line 16, insert after the dollar figure the 
     following: ``(reduced by $1,000,000)''.
       Page 28, line 15, insert after the dollar figure the 
     following: ``(reduced by $1,000,000)''.

                               H.R. 4461

                        Offered By: Mr. Andrews

       Amendment No. 4: At the end of title VII of the bill, add 
     the following new section:
       Sec. 753. Section 502(h) of the Housing Act of 1949 (42 
     U.S.C. 1472(h)) is amended by adding at the end the following 
     new paragraph:
       ``(13) Guarantees for refinancing loans.--Upon the request 
     of the borrower, the Secretary shall guarantee a loan that is 
     made to refinance an existing loan that is made under this 
     section or guaranteed under this subsection, and that the 
     Secretary determines complies with the following 
     requirements:
       ``(A) Interest rate.--The refinancing loan shall have a 
     rate of interest that is fixed over the term of the loan and 
     does not exceed the interest rate of the loan being 
     refinanced.
       ``(B) Security.--The refinancing loan shall be secured by 
     the same single-family residence as was the loan being 
     refinanced, which shall be owned by the borrower and occupied 
     by the borrower as the principal residence of the borrower.
       ``(C) Amount.--The principal obligation under the 
     refinancing loan shall not exceed an amount equal to the sum 
     of the balance of the loan being refinanced and such closing 
     costs as may be authorized by the Secretary, which shall 
     include a discount not exceeding 2 basis points and an 
     origination fee not exceeding such amount as the Secretary 
     shall prescribe.
       ``(D) Payment status.--The borrower shall not be more than 
     2 months delinquent in payments on the loan being refinanced.
       ``(E) Term.--The term of the refinancing loan may not 
     exceed the original term of the loan being refinanced by more 
     than 10 years.''.

     The provisions of the last sentence of paragraph (1) and 
     paragraphs (2), (5), and (9) shall apply to loans guaranteed 
     under this subsection, and no other provisions of paragraphs 
     (1) through (12) shall apply to such loans.''.

                               H.R. 4461

                        Offered By: Mr. Andrews

       Amendment No. 5: At the end of title VII of the bill, add 
     the following new section:
       Sec. 753. Section 502(h) of the Housing Act of 1949 (42 
     U.S.C. 1472(h)) is amended by adding at the end the following 
     new paragraph:
       ``(13) Guarantees for refinancing loans.--Upon the request 
     of the borrower,

[[Page H3524]]

     the Secretary shall guarantee a loan that is made to 
     refinance an existing loan that is made under this section or 
     guaranteed under this subsection, and that the Secretary 
     determines complies with the following requirements:
       ``(A) Interest rate.--The refinancing loan shall have a 
     rate of interest that is fixed over the term of the loan and 
     does not exceed the interest rate of the loan being 
     refinanced.
       ``(B) Security.--The refinancing loan shall be secured by 
     the same single-family residence as was the loan being 
     refinanced, which shall be owned by the borrower and occupied 
     by the borrower as the principal residence of the borrower.
       ``(C) Amount.--The principal obligation under the 
     refinancing loan shall not exceed an amount equal to the sum 
     of the balance of the loan being refinanced and such closing 
     costs as may be authorized by the Secretary, which shall 
     include a discount not exceeding 2 basis points and an 
     origination fee not exceeding such amount as the Secretary 
     shall prescribe.
       ``(D) Payment status.--The borrower shall not be more than 
     2 months delinquent in payments on the loan being refinanced.
       ``(E) Term.--The term of the refinancing loan may not 
     exceed the original term of the loan being refinanced by more 
     than 10 years.''.

     The provisions of the last sentence of paragraph (1) and 
     paragraphs (2), (5), and (9) shall apply to loans guaranteed 
     under this subsection, and no other provisions of paragraphs 
     (1) through (12) shall apply to such loans.''.

                               H.R. 4461

                         Offered By: Mr. Coburn

       Amendment No. 6: Insert before the short title the 
     following title:

                TITLE IX--ADDITIONAL GENERAL PROVISIONS

       Sec. 901. None of the funds made available in this Act may 
     be used by the Food and Drug Administration for the testing, 
     development, or approval (including approval of production, 
     manufacturing, or distribution) of any drug solely intended 
     for the chemical inducement of abortion.

                               H.R. 4461

                        Offered By: Mr. DeFazio

       Amendment No. 7: Insert before the short title the 
     following:

                TITLE IX--ADDITIONAL GENERAL PROVISIONS

       Sec. 901. Notwithstanding any other provision of this Act, 
     not more than $28,684,000 of the funds made available in this 
     Act may be used for Wildlife Services Program operations 
     under the heading ``Animal and Plant Health Inspection 
     Service'', and none of the funds appropriated or otherwise 
     made available by this Act for Wildlife Services Program 
     operations to carry out the first section of the Act of March 
     2, 1931 (7 U.S.C. 426), may be used to conduct campaigns for 
     the destruction of wild animals for the purpose of protecting 
     livestock.

                               H.R. 4461

                         Offered By: Mrs. Kelly

       Amendment No. 8: Page 32, line 20, strike ``or'' through 
     ``the American heritage rivers initiative'' on line 21.

                               H.R. 4461

                        Offered By: Mr. Kucinich

       Amendment No. 9: Page 96, after line 7, insert the 
     following new title:

        TITLE IX--GENETICALLY ENGINEERED FOOD RIGHT TO KNOW ACT

     SEC. 901. SHORT TITLE.

       (a) Short Title.--This title may be cited as the 
     ``Genetically Engineered Food Right to Know Act''.

     SEC. 902. FINDINGS.

       The Congress finds as follows:
       (1) The process of genetically engineering foods results in 
     the material change of such foods.
       (2) The Congress has previously required that all foods 
     bear labels that reveal material facts to consumers.
       (3) Federal agencies have failed to uphold Congressional 
     intent by allowing genetically engineered foods to be 
     marketed, sold and otherwise used without labeling that 
     reveals material facts to the public.
       (4) Consumers wish to know whether the food they purchase 
     and consume contains or is produced with a genetically 
     engineered material for a variety of reasons, including the 
     potential transfer of allergens into food and other health 
     risks, concerns about potential environmental risks 
     associated with the genetic engineering of crops, and 
     religiously and ethically based dietary restrictions.
       (5) Consumers have a right to know whether the food they 
     purchase contains or was produced with genetically engineered 
     material.
       (6) Reasonably available technology permits the detection 
     in food of genetically engineered material, generally 
     acknowledged to be as low as 0.1 percent.

     SEC. 903. LABELING REGARDING GENETICALLY ENGINEERED MATERIAL; 
                   AMENDMENTS TO FEDERAL FOOD, DRUG, AND COSMETIC 
                   ACT.

       (a) In General.--Section 403 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 343) is amended by adding at the end 
     the following paragraph:
       ``(t)(1) If it contains a genetically engineered material, 
     or was produced with a genetically engineered material, 
     unless it bears a label (or labeling, in the case of a raw 
     agricultural commodity, other than the sale of such a 
     commodity at retail) that provides notices in accordance with 
     the following:
       ``(A) A notice as follows: `GENETICALLY ENGINEERED'.
       ``(B) A notice as follows: `UNITED STATES GOVERNMENT 
     NOTICE: THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED 
     MATERIAL, OR WAS PRODUCED WITH A GENETICALLY ENGINEERED 
     MATERIAL'.
       ``(C) The notice required in clause (A) immediately 
     precedes the notice required in clause (B) and is not less 
     than twice the size of the notice required in clause (B).
       ``(D) The notice required in clause (B) is of the same size 
     as would apply if the notice provided nutrition information 
     that is required in paragraph (q)(1).
       ``(E) The notices required in clauses (A) and (B) are 
     clearly legible and conspicuous.
       ``(2) For purposes of subparagraph (1):
       ``(A) The term `genetically engineered material' means 
     material derived from any part of a genetically engineered 
     organism, without regard to whether the altered molecular or 
     cellular characteristics of the organism are detectable in 
     the material.
       ``(B) The term `genetically engineered organism' means--
       ``(i) an organism that has been altered at the molecular or 
     cellular level by means that are not possible under natural 
     conditions or processes (including but not limited to 
     recombinant DNA and RNA techniques, cell fusion, 
     microencapsulation, macroencapsulation, gene deletion and 
     doubling, introducing a foreign gene, and changing the 
     positions of genes), other than a means consisting 
     exclusively of breeding, conjugation, fermentation, 
     hybridization, in vitro fertilization, or tissue culture, and
       ``(ii) an organism made through sexual or asexual 
     reproduction (or both) involving an organism described in 
     subclause (i), if possessing any of the altered molecular or 
     cellular characteristics of the organism so described.
       ``(3) For purposes of subparagraph (1), a food shall be 
     considered to have been produced with a genetically 
     engineered material if--
       ``(A) the organism from which the food is derived has been 
     injected or otherwise treated with a genetically engineered 
     material (except that the use of manure as a fertilizer for 
     raw agricultural commodities may not be construed to mean 
     that such commodities are produced with a genetically 
     engineered material);
       ``(B) the animal from which the food is derived has been 
     fed genetically engineered material, or
       ``(C) the food contains an ingredient that is a food to 
     which clause (A) or (B) applies.
       ``(4) This paragraph does not apply to food that--
       ``(A) is served in restaurants or other establishments in 
     which food is served for immediate human consumption,
       ``(B) is processed and prepared primarily in a retail 
     establishment, is ready for human consumption, which is of 
     the type described in clause (A), and is offered for sale to 
     consumers but not for immediate human consumption in such 
     establishment and is not offered for sale outside such 
     establishment, or
       ``(C) is a medical food as defined in section 5(b) of the 
     Orphan Drug Act.''.
       (b) Civil Penalties.--Section 303 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding 
     at the end the following subsection:
       ``(h)(1) With respect to a violation of section 301(a), 
     301(b), or 301(c) involving the misbranding of food within 
     the meaning of section 403(t), any person engaging in such a 
     violation shall be liable to the United States for a civil 
     penalty in an amount not to exceed $100,000 for each such 
     violation.
       ``(2) Paragraphs (3) through (5) of subsection (g) apply 
     with respect to a civil penalty under paragraph (1) of this 
     subsection to the same extent and in the same manner as such 
     paragraphs (3) through (5) apply with respect to a civil 
     penalty under paragraph (1) or (2) of subsection (g).''.
       (c) Guaranty.--
       (1) In general.--Section 303(d) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 333(d)) is amended--
       (A) by striking ``(d)'' and inserting ``(d)(1)''; and
       (B) by adding at the end the following paragraph:
       ``(2)(A) No person shall be subject to the penalties of 
     subsection (a)(1) or (h) for a violation of section 301(a), 
     301(b), or 301(c) involving the misbranding of food within 
     the meaning of section 403(t) if such person (referred to in 
     this paragraph as the `recipient') establishes a guaranty or 
     undertaking signed by, and containing the name and address 
     of, the person residing in the United States from whom the 
     recipient received in good faith the food (including the 
     receipt of seeds to grow raw agricultural commodities), to 
     the effect that (within the meaning of section 403(t)) the 
     food does not contain a genetically engineered material or 
     was not produced with a genetically engineered material.
       ``(B) In the case of a recipient who with respect to a food 
     establishes a guaranty or undertaking in accordance with 
     subparagraph

[[Page H3525]]

     (A), the exclusion under such subparagraph from being subject 
     to penalties applies to the recipient without regard to the 
     use of the food by the recipient, including--
       ``(i) processing the food,
       ``(ii) using the food as an ingredient in a food product,
       ``(iii) repacking the food, or
       ``(iv) growing, raising, or otherwise producing the 
     food.''.
       (2) False guaranty.--Section 301(h) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by 
     inserting ``or 303(d)(2)'' after ``303(c)(2)''.
       (d) Unintended Contamination.--Section 303(d) of the 
     Federal Food, Drug, and Cosmetic Act, as amended by 
     subsection (c)(1) of this section, is amended by adding at 
     the end the following paragraph:
       ``(3)(A) No person shall be subject to the penalties of 
     subsection (a)(1) or (h) for a violation of section 301(a), 
     301(b), or 301(c) involving the misbranding of food within 
     the meaning of section 403(t) if--
       ``(i) such person is an agricultural producer and the 
     violation occurs because food that is grown, raised, or 
     otherwise produced by such producer, which food does not 
     contain a genetically engineered material and was not 
     produced with a genetically engineered material, is 
     contaminated with a food that contains a genetically 
     engineered material or was produced with a genetically 
     engineered material (including contamination by mingling the 
     two), and
       ``(ii) such contamination is not intended by the 
     agricultural producer.
       ``(B) Subparagraph (A) does not apply to an agricultural 
     producer to the extent that the contamination occurs as a 
     result of the negligence of the producer.''.

     SEC. 904. LABELING REGARDING GENETICALLY ENGINEERED MATERIAL; 
                   AMENDMENTS TO FEDERAL MEAT INSPECTION ACT.

       (a) Requirements.--The Federal Meat Inspection Act is 
     amended by inserting after section 7 (21 U.S.C. 607) the 
     following section:

     ``SEC. 7A. REQUIREMENTS FOR LABELING REGARDING GENETICALLY 
                   ENGINEERED MATERIAL.

       ``(a) Definitions.--In this section:
       ``(1) The term `meat food' means a carcass, part of a 
     carcass, meat, or meat food product that is derived from 
     cattle, sheep, swine, goats, horses, mules, or other equines 
     and is capable of use as human food.
       ``(2) The term `genetically engineered material' means 
     material derived from any part of a genetically engineered 
     organism, without regard to whether the altered molecular or 
     cellular characteristics of the organism are detectable in 
     the material (and without regard to whether the organism is 
     capable of use as human food).
       ``(3) The term `genetically engineered organism' means--
       ``(A) an organism that has been altered at the molecular or 
     cellular level by means that are not possible under natural 
     conditions or processes (including but not limited to 
     recombinant DNA and RNA techniques, cell fusion, 
     microencapsulation, macroencapsulation, gene deletion and 
     doubling, introducing a foreign gene, and changing the 
     positions of genes), other than a means consisting 
     exclusively of breeding, conjugation, fermentation, 
     hybridization, in vitro fertilization, or tissue culture; and
       ``(B) an organism made through sexual or asexual 
     reproduction (or both) involving an organism described in 
     subparagraph (A), if possessing any of the altered molecular 
     or cellular characteristics of the organism so described.
       ``(b) Labeling Requirement.--
       ``(1) Required labeling to avoid misbranding.--For purposes 
     of sections 1(n) and 10, a meat food is misbranded if it--
       ``(A) contains a genetically engineered material or was 
     produced with a genetically engineered material; and
       ``(B) does not bear a label (or include labeling, in the 
     case of a meat food that is not packaged in a container) that 
     provides, in a clearly legible and conspicuous manner, the 
     notices described in subsection (c).
       ``(2) Rule of construction.--For purposes of paragraph 
     (1)(A), a meat food shall be considered to have been produced 
     with a genetically engineered material if--
       ``(A) the organism from which the food is derived has been 
     injected or otherwise treated with a genetically engineered 
     material;
       ``(B) the animal from which the food is derived has been 
     fed genetically engineered material; or
       ``(C) the food contains an ingredient that is a food to 
     which subparagraph (A) or (B) applies.
       ``(c) Specifics of Label Notices.--
       ``(1) Required notices.--The notices referred to in 
     subsection (b)(1)(B) are the following:
       ``(A) A notice as follows: `GENETICALLY ENGINEERED'.
       ``(B) A notice as follows: `UNITED STATES GOVERNMENT 
     NOTICE: THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED 
     MATERIAL, OR WAS PRODUCED WITH A GENETICALLY ENGINEERED 
     MATERIAL'.
       ``(2) Location and size.--(A) The notice required in 
     paragraph (1)(A) shall immediately precede the notice 
     required in paragraph (1)(B) and shall be not less than twice 
     the size of the notice required in paragraph (1)(B).
       ``(B) The notice required in paragraph (1)(B) shall be of 
     the same size as would apply if the notice provided nutrition 
     information that is required in section 403(q)(1) of the 
     Federal Food, Drug, and Cosmetic Act.
       ``(d) Exceptions to Requirements.--Subsection (a) does not 
     apply to any meat food that--
       ``(1) is served in restaurants or other establishments in 
     which food is served for immediate human consumption; or
       ``(2) is processed and prepared primarily in a retail 
     establishment, is ready for human consumption, is offered for 
     sale to consumers but not for immediate human consumption in 
     such establishment, and is not offered for sale outside such 
     establishment.
       ``(e) Guaranty.--
       ``(1) In general.--A packer, processor, or other person 
     shall not be considered to have violated the requirements of 
     this section with respect to the labeling of meat food if the 
     packer, processor, or other person (referred to in this 
     subsection as the `recipient') establishes a guaranty or 
     undertaking signed by, and containing the name and address 
     of, the person residing in the United States from whom the 
     recipient received in good faith the meat food or the animal 
     from which the meat food was derived, or received in good 
     faith food intended to be fed to such animal, to the effect 
     that the meat food, or such animal, or such food, 
     respectively, does not contain genetically engineered 
     material or was not produced with a genetically engineered 
     material.
       ``(2) Scope of guaranty.--In the case of a recipient who 
     establishes a guaranty or undertaking in accordance with 
     paragraph (1), the exclusion under such paragraph from being 
     subject to penalties applies to the recipient without regard 
     to the use of the meat food by the recipient (or the use by 
     the recipient of the animal from which the meat food was 
     derived, or of food intended to be fed to such animal), 
     including--
       ``(A) processing the meat food;
       ``(B) using the meat food as an ingredient in another food 
     product;
       ``(C) packing or repacking the meat food; or
       ``(D) raising the animal from which the meat food was 
     derived.
       ``(3) False guaranty.--It is a violation of this Act for a 
     person to give a guaranty or undertaking in accordance with 
     paragraph (1) that the person knows or has reason to know is 
     false.
       ``(f) Civil Penalties.--
       ``(1) In general.--The Secretary may assess a civil penalty 
     against a person that violates subsection (b) or (c)(3) in an 
     amount not to exceed $100,000 for each such violation.
       ``(2) Notice and opportunity for hearing.--A civil penalty 
     under paragraph (1) shall be assessed by the Secretary by an 
     order made on the record after opportunity for a hearing 
     provided in accordance with this subparagraph and section 554 
     of title 5, United States Code. Before issuing such an order, 
     the Secretary shall give written notice to the person to be 
     assessed a civil penalty under such order of the Secretary's 
     proposal to issue such order and provide such person an 
     opportunity for a hearing on the order. In the course of any 
     investigation, the Secretary may issue subpoenas requiring 
     the attendance and testimony of witnesses and the production 
     of evidence that relates to the matter under investigation.
       ``(3) Considerations regarding amount of penalty.--In 
     determining the amount of a civil penalty under paragraph 
     (1), the Secretary shall take into account the nature, 
     circumstances, extent, and gravity of the violation or 
     violations and, with respect to the violator, ability to pay, 
     effect on ability to continue to do business, any history of 
     prior such violations, the degree of culpability, and such 
     other matters as justice may require.
       ``(4) Certain authorities.--The Secretary may compromise, 
     modify, or remit, with or without conditions, any civil 
     penalty under paragraph (1). The amount of such penalty, when 
     finally determined, or the amount agreed upon in compromise, 
     may be deducted from any sums owing by the United States to 
     the person charged.
       ``(5) Judicial review.--Any person who requested, in 
     accordance with paragraph (2), a hearing respecting the 
     assessment of a civil penalty under paragraph (1) and who is 
     aggrieved by an order assessing a civil penalty may file a 
     petition for judicial review of such order with the United 
     States Court of Appeals for the District of Columbia Circuit 
     or for any other circuit in which such person resides or 
     transacts business. Such a petition may only be filed within 
     the 60-day period beginning on the date the order making such 
     assessment was issued.
       ``(6) Failure to pay.--If a person fails to pay an 
     assessment of a civil penalty--
       ``(A) after the order making the assessment becomes final, 
     and if such person does not file a petition for judicial 
     review of the order in accordance with paragraph (5); or
       ``(B) after a court in an action brought under paragraph 
     (4) has entered a final judgment in favor of the Secretary;
       the Attorney General shall recover the amount assessed 
     (plus interest at currently prevailing rates from the date of 
     the expiration of the 60-day period referred to in paragraph 
     (5) or the date of such final judgment, as the case may be) 
     in an action brought in any appropriate district court of the 
     United States. In such an action, the validity, amount, and 
     appropriateness of such penalty shall not be subject to 
     review.''.
       (b) Inclusion of Labeling Requirements in Definition of 
     Misbranded.--Section 1(n) of the Federal Meat Inspection Act 
     (21 U.S.C. 601(n)) is amended--
       (1) by striking ``or'' at the end of paragraph (11);

[[Page H3526]]

       (2) by striking the period at the end of paragraph (12) and 
     inserting ``; or''; and
       (3) by adding at the end the following paragraph:
       ``(13) if it fails to bear a label or labeling as required 
     by section 7A.''.

     SEC. 905. LABELING REGARDING GENETICALLY ENGINEERED MATERIAL; 
                   AMENDMENTS TO POULTRY PRODUCTS INSPECTION ACT.

       The Poultry Products Inspection Act is amended by inserting 
     after section 8 (21 U.S.C. 457) the following section:

     ``SEC. 8A. REQUIREMENTS FOR LABELING REGARDING GENETICALLY 
                   ENGINEERED MATERIAL.

       ``(a) Definitions.--In this section:
       ``(1) The term `genetically engineered material' means 
     material derived from any part of a genetically engineered 
     organism, without regard to whether the altered molecular or 
     cellular characteristics of the organism are detectable in 
     the material (and without regard to whether the organism is 
     capable of use as human food).
       ``(2) The term `genetically engineered organism' means--
       ``(A) an organism that has been altered at the molecular or 
     cellular level by means that are not possible under natural 
     conditions or processes (including but not limited to 
     recombinant DNA and RNA techniques, cell fusion, 
     microencapsulation, macroencapsulation, gene deletion and 
     doubling, introducing a foreign gene, and changing the 
     positions of genes), other than a means consisting 
     exclusively of breeding, conjugation, fermentation, 
     hybridization, in vitro fertilization, or tissue culture; and
       ``(B) an organism made through sexual or asexual 
     reproduction (or both) involving an organism described in 
     subparagraph (A), if possessing any of the altered molecular 
     or cellular characteristics of the organism so described.
       ``(b) Labeling Requirement.--
       ``(1) Required labeling to avoid misbranding.--For purposes 
     of sections 4(h) and 9(a), a poultry product is misbranded if 
     it--
       ``(A) contains a genetically engineered material or was 
     produced with a genetically engineered material; and
       ``(B) does not bear a label (or include labeling, in the 
     case of a poultry product that is not packaged in a 
     container) that provides, in a clearly legible and 
     conspicuous manner, the notices described in subsection (c).
       ``(2) Rule of construction.--For purposes of paragraph 
     (1)(A), a poultry product shall be considered to have been 
     produced with a genetically engineered material if--
       ``(A) the poultry from which the food is derived has been 
     injected or otherwise treated with a genetically engineered 
     material;
       ``(B) the poultry from which the food is derived has been 
     fed genetically engineered material; or
       ``(C) the food contains an ingredient that is a food to 
     which subparagraph (A) or (B) applies.
       ``(c) Specifics of Label Notices.--
       ``(1) Required notices.--The notices referred to in 
     subsection (b)(1)(B) are the following:
       ``(A) A notice as follows: `GENETICALLY ENGINEERED'.
       ``(B) A notice as follows: `UNITED STATES GOVERNMENT 
     NOTICE: THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED 
     MATERIAL, OR WAS PRODUCED WITH A GENETICALLY ENGINEERED 
     MATERIAL'.
       ``(2) Location and size.--(A) The notice required in 
     paragraph (1)(A) shall immediately precede the notice 
     required in paragraph (1)(B) and shall be not less than twice 
     the size of the notice required in paragraph (1)(B).
       ``(B) The notice required in paragraph (1)(B) shall be of 
     the same size as would apply if the notice provided nutrition 
     information that is required in section 403(q)(1) of the 
     Federal Food, Drug, and Cosmetic Act.
       ``(d) Exceptions to Requirements.--Subsection (a) does not 
     apply to any poultry product that--
       ``(1) is served in restaurants or other establishments in 
     which food is served for immediate human consumption; or
       ``(2) is processed and prepared primarily in a retail 
     establishment, is ready for human consumption, is offered for 
     sale to consumers but not for immediate human consumption in 
     such establishment, and is not offered for sale outside such 
     establishment.
       ``(e) Guaranty.--
       ``(1) In general.--An official establishment or other 
     person shall not be considered to have violated the 
     requirements of this section with respect to the labeling of 
     a poultry product if the official establishment or other 
     person (referred to in this subsection as the `recipient') 
     establishes a guaranty or undertaking signed by, and 
     containing the name and address of, the person residing in 
     the United States from whom the recipient received in good 
     faith the poultry product or the poultry from which the 
     poultry product was derived, or received in good faith food 
     intended to be fed to poultry, to the effect that the poultry 
     product, poultry, or such food, respectively, does not 
     contain genetically engineered material or was not produced 
     with a genetically engineered material.
       ``(2) Scope of guaranty.--In the case of a recipient who 
     establishes a guaranty or undertaking in accordance with 
     paragraph (1), the exclusion under such paragraph from being 
     subject to penalties applies to the recipient without regard 
     to the use of the poultry product by the recipient (or the 
     use by the recipient of the poultry from which the poultry 
     product was derived, or of food intended to be fed to such 
     poultry), including--
       ``(A) processing the poultry;
       ``(B) using the poultry product as an ingredient in another 
     food product;
       ``(C) packing or repacking the poultry product; or
       ``(D) raising the poultry from which the poultry product 
     was derived.
       ``(3) False guaranty.--It is a violation of this Act for a 
     person to give a guaranty or undertaking in accordance with 
     paragraph (1) that the person knows or has reason to know is 
     false.
       ``(f) Civil Penalties.--
       ``(1) In general.--The Secretary may assess a civil penalty 
     against a person that violates subsection (b) or (c)(3) in an 
     amount not to exceed $100,000 for each such violation.
       ``(2) Notice and opportunity for hearing.--A civil penalty 
     under paragraph (1) shall be assessed by the Secretary by an 
     order made on the record after opportunity for a hearing 
     provided in accordance with this subparagraph and section 554 
     of title 5, United States Code. Before issuing such an order, 
     the Secretary shall give written notice to the person to be 
     assessed a civil penalty under such order of the Secretary's 
     proposal to issue such order and provide such person an 
     opportunity for a hearing on the order. In the course of any 
     investigation, the Secretary may issue subpoenas requiring 
     the attendance and testimony of witnesses and the production 
     of evidence that relates to the matter under investigation.
       ``(3) Considerations regarding amount of penalty.--In 
     determining the amount of a civil penalty under paragraph 
     (1), the Secretary shall take into account the nature, 
     circumstances, extent, and gravity of the violation or 
     violations and, with respect to the violator, ability to pay, 
     effect on ability to continue to do business, any history of 
     prior such violations, the degree of culpability, and such 
     other matters as justice may require.
       ``(4) Certain authorities.--The Secretary may compromise, 
     modify, or remit, with or without conditions, any civil 
     penalty under paragraph (1). The amount of such penalty, when 
     finally determined, or the amount agreed upon in compromise, 
     may be deducted from any sums owing by the United States to 
     the person charged.
       ``(5) Judicial review.--Any person who requested, in 
     accordance with paragraph (2), a hearing respecting the 
     assessment of a civil penalty under paragraph (1) and who is 
     aggrieved by an order assessing a civil penalty may file a 
     petition for judicial review of such order with the United 
     States Court of Appeals for the District of Columbia Circuit 
     or for any other circuit in which such person resides or 
     transacts business. Such a petition may only be filed within 
     the 60-day period beginning on the date the order making such 
     assessment was issued.
       ``(6) Failure to pay.--If a person fails to pay an 
     assessment of a civil penalty--
       ``(A) after the order making the assessment becomes final, 
     and if such person does not file a petition for judicial 
     review of the order in accordance with paragraph (5); or
       ``(B) after a court in an action brought under paragraph 
     (4) has entered a final judgment in favor of the Secretary;
       the Attorney General shall recover the amount assessed 
     (plus interest at currently prevailing rates from the date of 
     the expiration of the 60-day period referred to in paragraph 
     (5) or the date of such final judgment, as the case may be) 
     in an action brought in any appropriate district court of the 
     United States. In such an action, the validity, amount, and 
     appropriateness of such penalty shall not be subject to 
     review.''.
       (b) Inclusion of Labeling Requirements in Definition of 
     Misbranded.--Section 4(h) of the Poultry Products Inspection 
     Act (21 U.S.C. 453(h)) is amended--
       (1) by striking ``or'' at the end of paragraph (11);
       (2) by striking the period at the end of paragraph (12) and 
     inserting ``; or''; and
       (3) by adding at the end the following paragraph:
       ``(13) if it fails to bear a label or labeling as required 
     by section 8A.''.

     SEC. 906. EFFECTIVE DATE.

       This title and the amendments made by this title take 
     effect upon the expiration of the 180-day period beginning on 
     the date of the enactment of this title.

                               H.R. 4461

                          Offered By: Mr. Ney

       Amendment No. 10: Page 6, line 16, insert ``(reduced by 
     $34,000)'' after ``$34,708,000''.
       Page 8, line 3, insert ``(reduced by $33,000)'' after 
     ``$8,138,000''.
       Page 9, line 3, insert ``(reduced by $33,000)'' after 
     ``$29,194,000''.
       Page 10, line 23, insert ``(increased by $100,000)'' after 
     ``$850,384,000''.

                               H.R. 4461

                         Offered By: Mr. Royce

       Amendment No. 11: Page 96, after line 7, insert the 
     following:

                TITLE IX--ADDITIONAL GENERAL PROVISIONS

     SEC. 901. ACROSS-THE-BOARD PERCENTAGE REDUCTION.

       Each amount appropriated or otherwise made available by 
     this Act that is not required to be appropriated or otherwise 
     made available by a provision of law is hereby reduced by one 
     percent.