[Congressional Record Volume 152, Number 65 (Tuesday, May 23, 2006)]
[House]
[Pages H3138-H3140]
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:

                               H.R. 5384

                        Offered By: Mr. Gerlach

       Amendment No. 19: At the end of the bill (before the short 
     title), insert the following new section:
       Sec. 7__. (a) Limitation on Use of Funds.--None of the 
     funds appropriated or otherwise made available by this Act 
     shall be used to implement the limitation in section 728 of 
     this Act to carry out or administer a program authorized by 
     section 2503 of Public Law 107-171 in excess of $73,500,000.
       (b) Corresponding Reduction in Funds.--The amounts 
     otherwise provided by this Act are revised by reducing the 
     amount made available for ``Common Computing Environment'' by 
     $23,500,000, to be derived from rural development-related 
     activities, Natural Resource Conservation Service-related 
     activities, and Farm Service Agency-related activities in the 
     amount of $1,531,238, $4,938,488, and $17,030,071, 
     respectively.

                               H.R. 5384

                      Offered By: Mr. King of Iowa

       Amendment No. 20: At the end of the bill (before the short 
     title), add the following new section:
       Sec. __. (a) Short Title.--This section may be cited as the 
     ``Livestock Identification and Marketing Opportunities Act''.
       (b) Findings.--Congress finds the following:
       (1) For purposes of animal health investigation and 
     surveillance, there needs to be an identification system that 
     can trace animals from the time of first movement of the 
     animal from its original premise to the time of slaughter of 
     the animal in less than 48 hours.
       (2) The beef industry estimates that the United States 
     cattle industry lost approximately $3,000,000,000 in export 
     value on beef, beef variety meats, hides, and tallow during 
     the 12 months after a December 2003 diagnosis in the United 
     States of bovine spongiform encephalopathy. A livestock 
     identification system may have prevented some of this loss.
       (3) In order to be as efficient as possible, the livestock 
     identification system needs to be automated and electronic 
     with participants using compatible technologies.
       (4) The livestock identification system needs to be 
     flexible enough to adapt to changes in technology and to the 
     demands of the industry and the markets.
       (5) The best technology available should be used for the 
     livestock identification system while still allowing for 
     registration into the system for livestock owners who are 
     economically disadvantaged.
       (6) Confidentiality of information on animal movements, 
     sales, and ownership is necessary to ensure that livestock 
     owners have the confidence to comply with and fully 
     participate in the livestock identification system.
       (7) Besides animal disease surveillance, the livestock 
     identification system should provide a commercial information 
     exchange infrastructure that would allow for enhanced 
     marketing opportunities.
       (c) Livestock Identification Board.--
       (1) Establishment.--There is established a board to be 
     known as the ``Livestock Identification Board''.
       (2) Duties.--The duties of the Board shall be to--
       (A) establish and maintain an electronic livestock 
     identification system that--
       (i) is capable of tracing all livestock in the United 
     States from the time of first movement of the livestock from 
     its original

[[Page H3139]]

     premise to the time of slaughter of such livestock in less 
     than 48 hours;
       (ii) tracks all relevant information about the livestock, 
     including--

       (I) the livestock identification number or the group or lot 
     identification number for the livestock, as applicable;
       (II) the date the livestock identification number or the 
     group or lot identification number was assigned;
       (III) the premise identification number;
       (IV) the species of the livestock;
       (V) the date of birth of the livestock, to the extent 
     possible;
       (VI) the sex of the livestock;
       (VII) any other information the Board considers appropriate 
     for animal disease surveillance; and
       (VIII) any other information that the person who owns or 
     controls the livestock voluntarily submits to the Board;

       (B) maintain information obtained through the livestock 
     identification system in a centralized data system; and
       (C) determine the official identification technology to be 
     used to track animals under the livestock identification 
     system.
       (3) Powers.--The Board may--
       (A) prescribe and collect fees to recover the costs of the 
     livestock identification system; and
       (B) establish and maintain a grant program to assist 
     persons with fulfilling the requirements of the livestock 
     identification system.
       (4) Membership.--
       (A) Voting members.--The Board shall be composed of 7 
     voting members appointed by the Secretary of Agriculture, in 
     consultation with the Chair and ranking minority member of 
     the relevant congressional committees, of whom--
       (i) 1 member shall be a representative of cattle owners;
       (ii) 1 member shall be a representative of swine owners;
       (iii) 1 member shall be a representative of sheep and goat 
     owners;
       (iv) 1 member shall be a representative of poultry owners;
       (v) 1 member shall be a representative of livestock auction 
     market operators;
       (vi) 1 member shall be a representative of meat processors; 
     and
       (vii) 1 member shall be a person actively engaged in the 
     livestock industry.
       (B) Non-voting members.--The Board shall include 2 non-
     voting members appointed by the Secretary, in consultation 
     with the Chair and ranking minority member of the relevant 
     congressional committees, of whom--
       (i) 1 member shall be a representative of the Department of 
     Agriculture; and
       (ii) 1 member shall be a representative of State or tribal 
     veterinarians or State or tribal agriculture agencies.
       (C) Terms.--
       (i) In general.--Each member shall be appointed for a term 
     of 3 years, except as provided by clauses (ii) and (iii).
       (ii) Terms of initial appointees.--As designated by the 
     Secretary at the time of appointment, of the voting members 
     first appointed--

       (I) the members appointed under clauses (ii), (iv), and (v) 
     of subparagraph (A) shall be appointed for a term of 2 years; 
     and
       (II) the members appointed under subparagraphs (iii) and 
     (vii) of subparagraph (A) shall be appointed for a term of 1 
     year.

       (iii) Vacancies.--Any member appointed to fill a vacancy 
     occurring before the expiration of the term for which the 
     member's predecessor was appointed shall be appointed only 
     for the remainder of that term. A member may serve after the 
     expiration of that member's term until a successor has taken 
     office. A vacancy in the Board shall be filled in the manner 
     in which the original appointment was made.
       (D) Chairperson.--The Chairperson of the Board shall be 
     elected by its members.
       (E) Appointment.--The Secretary shall appoint all members 
     of the Board not later than 45 days after the date of the 
     enactment of this section.
       (5) Meetings.--
       (A) Initial meeting.--Not later than 60 days after the date 
     of the enactment of this section, the Board shall hold its 
     initial meeting.
       (B) Subsequent meetings.--The Board shall meet at the call 
     of the Chairperson.
       (6) Quorum.--4 voting members of the Board shall constitute 
     a quorum.
       (7) Pay.--Members of the Board shall serve without 
     compensation.
       (8) Travel expenses.--Each member of the Board shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions under 
     subchapter I of chapter 57 of title 5, United States Code.
       (9) Staff.--The Board may appoint and fix the pay of 
     personnel as the Board considers appropriate.
       (10) Contracts.--The Board may contract with or compensate 
     any persons for goods or services.
       (11) Rules and regulations.--The Board may issue such rules 
     and regulations as may be necessary to carry out this 
     section.
       (12) Implementation.--
       (A) In general.--The Board shall implement the livestock 
     identification system established pursuant to this section 
     not later than December 31, 2008.
       (B) Report.--Not later than one year after the date of the 
     enactment of this section, and quarterly thereafter until 
     December 31, 2010, the Board shall submit to the Secretary of 
     Agriculture and the relevant congressional committees a 
     report on the status of the implementation of the livestock 
     identification system, including--
       (i) for each species subject to the system, the number of 
     animals or groups of animals tracked by the system; and
       (ii) the percentage of each animal species subject to the 
     livestock identification system that are tracked by the 
     system, which shall be determined by dividing the number 
     submitted under clause (i) for a species by the total number 
     of animals of such species in the United States.
       (d) Premise Identifications.--Not later than nine months 
     after the date of the enactment of this section, the 
     Secretary of Agriculture shall establish a premise 
     identification system for all premises in the United States. 
     The premise identification data shall be made available to 
     the Board and shall include--
       (1) a premise identification number;
       (2) the name of the entity that owns or controls the 
     premise;
       (3) contact information for the premise, including a 
     person, address, and phone number;
       (4) the type of operation at the premise; and
       (5) the date the premise number was assigned.
       (e) Enforcement; First Entry Into Commerce.--Subject to 
     subsection (f)(2), the Secretary of Agriculture shall verify 
     that each animal, or group of animals, where applicable, 
     subject to the livestock identification system established 
     pursuant to subsection (c) is properly identified upon first 
     entry of the animal into commerce. Any animal or group of 
     animals that the Secretary determines is not properly 
     identified shall be identified using the official 
     identification technology before entering commerce.
       (f) Voluntary Participation for Other Animal Species.--
       (1) In general.--The owner of an animal or group of 
     animals, where applicable, that is not subject to the 
     livestock identification system established pursuant to 
     subsection (c) may voluntarily subject such animal or group 
     of animals to tracking by such livestock identification 
     system.
       (2) Enforcement exemption.--The voluntary tracking of such 
     animal or group of animals shall not make the animal or group 
     of animals subject to the enforcement actions of the 
     Secretary under subsection (e).
       (g) Release of Livestock Identification Numbering 
     Information.--
       (1) Freedom of information act.--Information obtained 
     through the livestock identification system established 
     pursuant to subsection (c) or the premise identification 
     system established pursuant to subsection (d) is exempt from 
     disclosure under section 552 of title 5, United States Code.
       (2) Character of livestock identification system 
     information.--Except as provided in paragraphs (3) and (4), 
     information obtained through the livestock identification 
     system or the premise identification system--
       (A) may not be released;
       (B) shall not be considered information in the public 
     domain; and
       (C) shall be considered commercial information that is 
     privileged and confidential.
       (3) Limited release of information authorized.--
     Notwithstanding paragraph (2), the Board may release 
     information obtained through the livestock identification 
     system or the premise identification system (other than 
     information voluntarily submitted pursuant to subsection 
     (c)(2)(A)(ii)(VIII)) regarding particular livestock if--
       (A) a disease or pest poses a significant threat to the 
     livestock that the information involves;
       (B) the release of the information is related to actions 
     the Board may take under this section; and
       (C) the person obtaining the information needs the 
     information for reasons consistent with the public health and 
     public safety purposes of the livestock identification 
     system, as determined by the Secretary of Agriculture.
       (4) Limited release of information required.--
       (A) In general.--Notwithstanding paragraph (2), the Board 
     shall promptly release information obtained through the 
     livestock identification system or the premise identification 
     system (other than information voluntarily submitted pursuant 
     to subsection (c)(2)(A)(ii)(VIII)) regarding particular 
     livestock--
       (i) to the person who owns or controls the livestock, if 
     the person requests such information;
       (ii) to the Secretary of Agriculture for the purpose of 
     animal disease surveillance;
       (iii) to a State or tribal veterinarian or a State or 
     tribal agriculture agency for the purpose of animal disease 
     surveillance;
       (iv) to the Attorney General for the purpose of 
     investigation or prosecution of a criminal act;
       (v) to the Secretary of Homeland Security for the purpose 
     of national security;
       (vi) to the Secretary of Health and Human Services for the 
     purpose of protection of public health; and
       (vii) to the government of a foreign country, if release of 
     the information is necessary to trace livestock threatened by 
     disease or pest, as determined by the Secretary.
       (B) Information voluntarily submitted.--Notwithstanding 
     paragraph (2), on the request of a person who owns or 
     controls

[[Page H3140]]

     livestock, the Board shall release information voluntarily 
     submitted to the Board pursuant to subsection 
     (c)(2)(A)(ii)(VIII) regarding such livestock to such person 
     or to another person.
       (5) Conflict of law.--If the information disclosure 
     limitations or requirements of this subsection conflict with 
     information disclosure limitations or requirements of a State 
     law and such conflict involves interstate or international 
     commerce, this subsection shall take precedence over the 
     State law.
       (h) Report on Impact of Livestock Identification System.--
     Not later than 180 days after the date of the enactment of 
     this section, the Secretary of Agriculture shall submit to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on Agriculture 
     of the House of Representatives, and the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate a report 
     on a livestock identification system, including--
       (1) the lessons learned and the effectiveness of the animal 
     identification system pilot programs funded in fiscal year 
     2005;
       (2) an analysis of the economic impact of a livestock 
     identification system on the livestock industry; and
       (3) the expected cost of implementing a livestock 
     identification system.
       (i) Conforming Amendments.--Subsection (f) of section 282 
     of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a) is 
     amended--
       (1) by striking ``Certification of Origin.--'' and all that 
     follows through ``To certify the country of origin'' and 
     inserting ``Certification of Origin; Existing Certification 
     Programs.--To certify the country of origin''; and
       (2) by redesignating subparagraphs (A) through (E) as 
     paragraphs (1) through (5), respectively.
       (j) Definitions.--In this section:
       (1) The term ``Board'' means the Livestock Identification 
     Board established under subsection (c)(1).
       (2) The term ``livestock'' means cattle, swine, sheep, 
     goats, and poultry.
       (3) The term ``premise'' means a location that holds, 
     manages, or boards animals.
       (4) The term ``relevant congressional committees'' means 
     the Committee on Agriculture of the House of Representatives 
     and the Committee on Agriculture, Nutrition, and Forestry of 
     the Senate.
       (5) The term ``Secretary'' means the Secretary of 
     Agriculture.
       (k) Authorization of Appropriatons.--There is authorized to 
     be appropriated to carry out this section $33,000,000 for 
     each of fiscal years 2007 through 2009.

                               H.R. 5384

                          Offered By: Mr. Rush

       Amendment No. 21: At the end of the bill (before the short 
     title), insert the following new section:
       Sec. 7__. It is the sense of Congress that the Secretary of 
     Agriculture should conduct a study to evaluate the impact of 
     the lack of readily available fresh fruits and vegetables in 
     economically underserved areas on persons residing in such 
     areas.

                               H.R. 5427

                    Offered By: Mr. Deal of Georgia

       Amendment No. 1: Page 14, strike lines 12 through 17.

                               H.R. 5427

                         Offered By: Mr. Hefley

       Amendment No. 2: Page 47, after line 2, insert the 
     following new section:
       Sec. 503. 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 1 percent.

                               H.R. 5427

                     Offered By: Mr. Brown of Ohio

       Amendment No. 3: At the end of the bill (preceding the 
     short title), insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used to enter into a no-bid contract with a company based 
     outside the United States for the purpose of nuclear weapons 
     screening of cargo shipping containers.

                               H.R. 5427

                    Offered By: Mr. Barton of Texas

       Amendment No. 4: Page 47, after line 2, insert the 
     following new section:
       Sec. 503. None of the funds made available by this Act from 
     the Nuclear Waste Fund may be used to carry out the Global 
     Nuclear Energy Partnership program.

                               H.R. 5427

                   Offered By: Mr. Bishop of New York

       Amendment No. 5: At the end of the bill, before the short 
     title, insert the following new section:
       Sec. 503. None of the funds made available by this Act may 
     be used by the Federal Energy Regulatory Commission to review 
     applications for floating storage and regasification units in 
     areas designated under section 320 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1330) as an estuary of 
     national significance.

                               H.R. 5427

                        Offered By: Mr. Pallone

       Amendment No. 6: Page 6, line 14, after ``Mid Atlantic'', 
     insert ``(including $6,000,000 of such $143,250,000 for the 
     NY/NJ Harbor drift removal program)''.

                               H.R. 5441

                     Offered By: Mr. Brown of Ohio

       Amendment No. 1: In the item relating to ``DEPARTMENTAL 
     MANAGEMENT AND OPERATIONS--Office of the Secretary and 
     Executive Management'', after the first dollar amount, insert 
     ``(increased by $500,000) (reduced by $500,000)''.

                               H.R. 5441

                       Offered By: Mr. Doolittle

       Amendment No. 2: Page 62, after line 17, insert the 
     following:
       Sec. 537. None of the funds made available by this Act may 
     be used to carry out expedited removal of aliens under 
     section 235 of the Immigration and Nationality Act unless 
     inadmissible citizens and nationals of El Salvador are 
     subject to the expedited removal procedures set forth in such 
     section to the same extent as other inadmissible aliens.