[Congressional Record Volume 152, Number 129 (Wednesday, November 15, 2006)]
[Senate]
[Pages S10973-S10975]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5149. Mrs. DOLE (for herself and Mr. Burr) submitted an amendment 
intended to be proposed by her to the bill H.R. 5384, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 168, strike lines 7 and 8 and insert the following: 
     ``the purchase of land and moving of utilities;
       (6) the Town of Boone, North Carolina, a rural area for 
     purposes of eligibility for Rural Utilities Service water and 
     waste water loans and grants; and
       (7) the Cities of Alamo, Mercedes, Weslaco, and

                                 ______
                                 
  SA 5150. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 175, between lines 9 and 10, insert the following:
       Sec. 758. None of the funds made available by this Act may 
     be used to take an action that would violate Executive Order 
     13149 (65 Fed. Reg. 24607; relating to greening the 
     government through Federal fleet and transportation 
     efficiency).
                                 ______
                                 
  SA 5151. Mr. VITTER (for himself, Mr. Nelson of Florida, Ms. 
Stabenow, and Ms. Collins) submitted an amendment intended to be 
proposed by him to the bill H.R. 5384, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies for the fiscal year ending September 30, 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 175, between lines 9 and 10, insert the following:
       Sec. 758. None of the funds made available in this Act for 
     the Food and Drug Administration may be used to prevent an 
     individual not in the business of importing a prescription 
     drug (within the meaning of section 801(g) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381(g))) from 
     importing a prescription drug from Canada that complies with 
     sections 501, 502, and 505 of such Act (21 U.S.C. 351, 352, 
     and 355).

                                 ______
                                 
  SA 5152. Mr. VITTER (for himself, Mr. Nelson of Florida, Ms. 
Stabenow, and Ms. Collins) submitted an amendment intended to be 
proposed by him to the bill H.R. 5384, making appropriations for 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies for the fiscal year ending September 30, 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 175, between lines 9 and 10, insert the following:
       Sec. 758. None of the funds made available in this Act for 
     the Food and Drug Administration may be used to prevent an 
     individual not in the business of importing a prescription 
     drug (within the meaning of section 801(g) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381(g))) from 
     importing a prescription drug from Canada that complies with 
     sections 501, 502, and 505 of such Act (21 U.S.C. 351, 352, 
     and 355): Provided, That this section shall apply only to a 
     personal-use quantity of the prescription drug,

[[Page S10974]]

     not to exceed a 90-day supply: Provided further, That the 
     prescription drug may not be--
       (1) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (2) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).

                                 ______
                                 
  SA 5153. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in this 
     Act may be available for the World Food Prize, and the total 
     amount made available in this Act is reduced by $350,000.
                                 ______
                                 
  SA 5154. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in this 
     Act may be available for the Population Management Center, 
     and the total amount made available in this act is reduced by 
     $200,000.
                                 ______
                                 
  SA 5155. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in this 
     Act may be available for Alternative salmon products, and the 
     total amount made available in this Act is reduced by 
     $1,088,000.
                                 ______
                                 
  SA 5156. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in this 
     Act may be available for goose control in the State of New 
     York, and the total amount made available in this Act is 
     reduced by $194,000.
                                 ______
                                 
  SA 5157. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in this 
     Act may be available for the National Wild Turkey Federation, 
     and the total amount made available in this Act is reduced by 
     $232,000.
                                 ______
                                 
  SA 5158. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in this 
     Act may be available for a Lettuce Geneticist/Breeder, and 
     the total amount made available in this Act is reduced by 
     $36,276.
                                 ______
                                 
  SA 5159. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in this 
     Act may be available for Seafood Waste, and the total amount 
     made available in this Act is reduced by $160,000.
                                 ______
                                 
  SA 5160. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in this 
     Act may be available for the planning and design of the 
     Biotechnology Laboratory in West Virginia, and the total 
     amount made available in this Act is reduced by $2,500,000.
                                 ______
                                 
  SA 5161. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in this 
     Act may be available for the Montana Sheep Institute, and the 
     total amount made available in this Act is reduced by 
     $591,000.
                                 ______
                                 
  SA 5162. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       Notwithstanding any other provision of this Act, none of 
     the funds appropriated or otherwise made available in this 
     Act may be available for Termite Species in Hawaii, and the 
     total amount made available in this Act is reduced by 
     $150,000.
                                 ______
                                 
  SA 5163. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 175, between lines 9 and 10, insert the following:
       Sec. 758. (a) In this section, the term ``earmark'' means a 
     provision of law, or a directive contained in a joint 
     explanatory statement or report accompanying a conference 
     report or bill (as applicable), that specifies--
       (1) the identity of an entity, program, project, or service 
     to receive assistance not authorized in the provision or 
     directive; and
       (2) the amount of the assistance to be received.
       (b) The Secretary of Agriculture shall submit to Congress, 
     and make available to the public on the Internet website of 
     the Department of Agriculture, the following information:
       (1) A description of each earmark made available to the 
     Department of Agriculture by this Act, including--
       (A) the location (by city, State, country, and 
     congressional district, as the Secretary determines to be 
     relevant) at which the earmarked funds will be used;
       (B) the purpose of the earmark (if known); and
       (C) the recipient of the earmark.
       (2) The total cost of administering each earmark made 
     available to the Department of Agriculture by this Act, 
     including--
       (A) the amount of the earmark;
       (B) the cost of compensating applicable personnel;
       (C) administrative expenses; and
       (D) any other applicable costs.
       (3) The total cost of administering all earmarks made 
     available to the Department of Agriculture by this Act.
       (4) An assessment of the utility of each such earmark in 
     meeting the goals of the Department of Agriculture, in 
     accordance with a rating system as follows:
       (A) An assessment of ``A'' for an earmark that directly 
     advances the primary goals of the Department (including any 
     agency, element, or component of the Department).
       (B) An assessment of ``B'' for an earmark that advances 
     many of the primary goals of the Department (including any 
     agency, element, or component of the Department).
       (C) An assessment of ``C'' for an earmark that may advance 
     some of the primary goals

[[Page S10975]]

     of the Department (including any agency, element, or 
     component of the Department).
       (D) An assessment of ``D'' for an earmark that is not 
     demonstrated to be cost-effective in advancing the primary 
     goals of the Department (including any agency, element, or 
     component of the Department).
       (E) An assessment of ``F'' for an earmark that distracts 
     from or otherwise impedes the capacity of the Department to 
     meet the primary goals of the Department.
                                 ______
                                 
  SA 5164. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 175, between lines 9 and 10, insert the following:
       Sec. 758. Any limitation, directive, or earmark contained 
     in the House of Representatives or Senate report accompanying 
     this Act shall be included in the conference report or joint 
     statement accompanying this Act in order to be considered as 
     having been approved by both Houses of Congress.
                                 ______
                                 
  SA 5165. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 121, line 4, before the period insert ``: Provided 
     further, That, notwithstanding any other provision of this 
     Act, no loan guaranteed under this heading shall be used to 
     construct, improve, renovate, expand, or otherwise develop a 
     golf course''.

                                 ______
                                 
  SA 5166. Mr. COBURN (for himself and Mr. Obama) submitted an 
amendment intended to be proposed by him to the bill H.R. 5384, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 175, between lines 9 and 10, insert the following:
       Sec. 758. (a) Each report described in subsection (b) shall 
     be posted on the Internet website of the Department of 
     Agriculture for the public not later than 48 hours after the 
     submission of the report to Congress.
       (b) The reports described in this subsection are the 
     following:
       (1) Each report required by a provision of this Act to be 
     submitted by the Secretary of Agriculture to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives.
       (2) Any report required to be submitted by the Secretary of 
     Agriculture to Congress in support of the budget of the 
     President for fiscal year 2008 (as submitted to Congress 
     pursuant to section 1105(a) of title 31, United States Code) 
     for the Department of Agriculture, including any budget 
     justification documents in support of such budget for the 
     Department of Agriculture.
       (c) In posting a report on the Internet website of the 
     Department of Agriculture under subsection (a), the Secretary 
     of Agriculture may redact any information the release of 
     which to the public would, as determined by the Secretary, 
     compromise the national security of the United States.
                                 ______
                                 
  SA 5167. Ms. COLLINS (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her to the bill H.R. 5384, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 97, line 10, before the semicolon insert ``, of 
     which not less than $351,939 shall be for early disease 
     identification, comprehensive composting for cull disposal, 
     and potato late blight research activities in the State of 
     Maine''.

                          ____________________