[Congressional Record Volume 162, Number 108 (Wednesday, July 6, 2016)]
[Senate]
[Pages S4831-S4835]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4947. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 12, between lines 2 and 3, insert the following:
       ``(5) Criminal penalties prohibited.--There shall be no 
     Federal or State criminal penalty imposed against any person 
     who violates this subtitle.''.
                                 ______
                                 
  SA 4948. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``GMO Labeling Act of 2016''.

     SEC. 2. PURPOSES.

       The purposes of this Act are to--
       (1) establish a system by which people may make informed 
     decisions about the food they purchase and consume and by 
     which, if they choose, people may avoid food produced from 
     genetic engineering;
       (2) inform the purchasing decisions of consumers who are 
     concerned about the potential environmental effects of the 
     production of food from genetic engineering;
       (3) reduce and prevent consumer confusion and deception by 
     prohibiting the labeling of products produced from genetic 
     engineering as ``natural'' and by promoting the disclosure of 
     factual information on food labels to allow consumers to make 
     informed decisions; and
       (4) provide consumers with data from which they may make 
     informed decisions for religious reasons.

     SEC. 3. LABELING REQUIREMENTS.

       (a) In General.--Chapter IV of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 424. LABELING OF FOOD PRODUCED WITH GENETIC 
                   ENGINEERING.

       ``(a) In General.--Except as provided in subsection (d), 
     any food that is entirely or partially produced with genetic 
     engineering and offered for retail sale after January 1, 
     2017, shall be labeled or shall be displayed, as applicable, 
     in accordance with subsection (b).
       ``(b) Labeling Requirements.--In the case of a food 
     described in subsection (a), the manufacturer or retailer 
     shall ensure that such food is labeled or displayed in 
     accordance with the following:
       ``(1) Manufacturers.--
       ``(A) Raw agricultural commodities.--In the case of a 
     packaged raw agricultural commodity, the manufacturer shall 
     label the package offered for retail sale, in a clear and 
     conspicuous manner, with the words `produced with genetic 
     engineering'.
       ``(B) Processed food.--In the case of any processed food 
     that contains a product or products of genetic engineering, 
     the manufacturer shall label the package in which the 
     processed food is offered for sale, in a clear and 
     conspicuous manner, with the words: `Partially produced with 
     genetic engineering', `May be produced with genetic 
     engineering', or `Produced with genetic engineering', as 
     applicable.
       ``(2) Retailers.--In the case of any raw agricultural 
     commodity that is not separately packaged, the retailer shall 
     post a label appearing on the retail store shelf or bin in 
     which the commodity is displayed for sale, in a clear and 
     conspicuous manner, with the words `produced with genetic 
     engineering'.
       ``(c) Prohibited Labeling.--Except as provided in 
     subsection (d), a manufacturer or retailer of a food produced 
     entirely or in part from genetic engineering shall not label 
     the product on the package, in signage, or in advertising as 
     `natural', `naturally made', `naturally grown', `all 
     natural', or using any words of similar import that would 
     have a tendency to mislead a consumer.
       ``(d) Exemptions.--The labeling requirements of subsection 
     (b) shall not apply with respect to the following:
       ``(1) Food consisting entirely of, or derived entirely 
     from, an animal that has not itself been produced with 
     genetic engineering, regardless of whether the animal has 
     been fed or injected with any food, drug, or other substance 
     produced with genetic engineering.
       ``(2) A raw agricultural commodity or processed food 
     derived from a raw agricultural commodity that has been 
     grown, raised, or produced without the knowing or intentional 
     use of food or seed produced with genetic engineering, except 
     that the exception described in this paragraph shall apply 
     only if the person otherwise responsible for complying with 
     the requirements of subsection (b) with respect to a raw 
     agricultural commodity or processed food obtains, from 
     whomever sold the raw agricultural commodity or processed 
     food to that person, a sworn statement that the raw 
     agricultural commodity or processed food has not been 
     knowingly or intentionally produced with genetic engineering 
     and has been segregated from and has not been knowingly or 
     intentionally commingled with food that may have been 
     produced with genetic engineering at any time. In providing 
     such a sworn statement, any person may rely on a sworn 
     statement from a direct supplier that contains such an 
     affirmation.
       ``(3) Animal feed.
       ``(4) A processed food that would be subject to such 
     requirements solely because such food includes one or more 
     processing aids or enzymes produced with genetic engineering.
       ``(5) Alcoholic beverages.
       ``(6) A processed food that would be subject to such 
     requirements solely because such food includes one or more 
     materials that have been produced with genetic engineering, 
     provided that the genetically engineered materials in the 
     aggregate do not account for more than 0.9 percent of the 
     total weight of the processed food.
       ``(7) Food that an independent organization has verified 
     has not been knowingly or intentionally produced from or 
     commingled with food or seed produced with genetic 
     engineering. The Secretary, shall approve, by regulation, any 
     independent organizations from which verification shall be 
     acceptable under this paragraph.
       ``(8) Food that is not packaged for retail sale and that 
     is--
       ``(A) a processed food prepared and intended for immediate 
     human consumption; or
       ``(B) served, sold, or otherwise provided in a restaurant 
     or other establishment in which food is served for immediate 
     human consumption.
       ``(9) Medical food, as that term is defined in section 5(b) 
     of the Orphan Drug Act.
       ``(e) Disclaimer.--The Secretary may, through regulation, 
     require that labeling required under this section include a 
     disclaimer that the Food and Drug Administration does not 
     consider foods produced from genetic engineering to be 
     materially different from other foods.
       ``(f) Definitions.--In this section--
       ``(1) the term `enzyme' means a protein that catalyzes 
     chemical reactions of other substances without itself being 
     destroyed or altered upon completion of the reactions;
       ``(2) the term `genetic engineering' is a process by which 
     a food is produced from an organism or organisms in which the 
     genetic material has been changed through the application 
     of--
       ``(A) in vitro nucleic acid techniques, including 
     recombinant deoxyribonucleic acid (DNA) techniques and the 
     direct injection of nucleic acid into cells or organelles; or
       ``(B) fusion of cells (including protoplast fusion) or 
     hybridization techniques that overcome natural physiological, 
     reproductive, or recombination barriers, where the

[[Page S4832]]

     donor cells or protoplasts do not fall within the same 
     taxonomic group, in a way that does not occur by natural 
     multiplication or natural recombination;
       ``(3) the term `in vitro nucleic acid techniques' means 
     techniques, including recombinant DNA or ribonucleic acid 
     techniques, that use vector systems and techniques involving 
     the direct introduction into the organisms of hereditary 
     materials prepared outside the organisms such as micro-
     injection, chemoporation, electroporation, micro-
     encapsulation, and liposome fusion;
       ``(4) the term `organism' means any biological entity 
     capable of replication, reproduction, or transferring of 
     genetic material;
       ``(5) the term `processing aid' means--
       ``(A) a substance that is added to a food during the 
     processing of the food but that is removed in some manner 
     from the food before the food is packaged in its finished 
     form;
       ``(B) a substance that is added to a food during 
     processing, is converted into constituents normally present 
     in the food, and does not significantly increase the amount 
     of the constituents naturally found in the food; or
       ``(C) a substance that is added to a food for its technical 
     or functional effect in the processing but is present in the 
     finished food at levels that do not have any technical or 
     functional effect in that finished food.
       ``(g) Rules of Construction.--This section shall not be 
     construed to require--
       ``(1) the listing or identification of any ingredient or 
     ingredients that were genetically engineered; or
       ``(2) the placement of the term `genetically engineered' 
     immediately preceding any common name or primary product 
     descriptor of a food.''.
       (b) 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:
       ``(h)(1) A manufacturer who introduces or delivers for 
     introduction into interstate commerce any food, the labeling 
     of which is not in compliance with the applicable 
     requirements of section 424, or a retailer who sells or 
     offers for retail sale a food, the display for which is not 
     in compliance with the applicable requirements of section 
     424, shall be liable for a civil penalty of not more than 
     $1,000 per day, for each uniquely named, designated, or 
     marketed food with respect to which such manufacturer or 
     retailer is not in compliance. Calculation of the civil 
     penalty shall not be made or multiplied by the number of 
     individual packages of the same product introduced or 
     delivered for introduction into interstate commerce, or 
     displayed or offered for retail sale.
       ``(2) A person who knowingly provides a false statement 
     under section 424(d)(4) that a raw agricultural commodity or 
     processed food has not been knowingly or intentionally 
     produced with genetic engineering and has been segregated 
     from and has not been knowingly or intentionally commingled 
     with food that may have been produced with genetic 
     engineering at any time shall be liable for a civil penalty 
     of not more than $100,000.''.
                                 ______
                                 
  SA 4949. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 5, strike lines 1 through 4 and insert the 
     following:
       ``(B) establish that any food that contains a bioengineered 
     substance in an amount that is at least 0.9 percent of the 
     food shall be considered a bioengineered food;''.
                                 ______
                                 
  SA 4950. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 9, line 17, insert ``, and any company 
     manufacturing or marketing a product with a quick response 
     code may not coordinate with a company selling a product with 
     a quick response code in order to track consumers or better 
     market to consumers'' after ``consumers''.
       On page 9, line 21, after the semicolon, insert the 
     following: ``and
       ``(C) information described in subparagraph (A) may be 
     collected and kept only with respect to consumers who opt in 
     to that collection, and a consumer's decision to not opt in 
     to such collection shall not be the basis for a company to 
     withhold information such company is otherwise required to 
     disclose under this subtitle;''.
       On page 10, between lines 3 and 4, insert the following:
       ``(e) Personally Identifiable Information.--For purposes of 
     subsection (d)(3), the term `personally identifiable 
     information' means--
       ``(1) any representation of information that allows the 
     identity of an individual to whom the information applies to 
     be reasonably inferred by either direct or indirect means; or
       ``(2) information--
       ``(A) that directly identifies an individual (such as a 
     name, address, social security number, or other identifying 
     number or code, telephone number, or email address), 
     including through metadata;
       ``(B) that indirectly identifies specific individuals in 
     conjunction with other data elements (which may include a 
     combination of name, address, gender, race, birth date, 
     physical location, geographic indicator, and other 
     descriptors); or
       ``(C) through which a specific individual may be contacted 
     physically or electronically, which may be maintained in 
     paper, electronic, or other means.''.
                                 ______
                                 
  SA 4951. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 13, between lines 19 and 20, insert the following:
       ``(c) Exception to Federal Preemption.--Notwithstanding the 
     Federal preemption provisions of subsection (b) and section 
     293(e), a State may continue in effect as to any food in 
     interstate commerce that is the subject of the national 
     bioengineered food disclosure standard under section 293 any 
     requirement relating to the labeling or disclosure of whether 
     a food or seed is bioengieered or genetically engineered or 
     was developed or produced using bioengineering or genetic 
     engineering for a food, including any requirement for claims 
     that a food or seed is or contains an ingredient that was 
     developed or produced using bioengineering or genetic 
     engineering, even if such State requirement is not identical 
     to the mandatory disclosure requirement under the standard 
     under section 293, provided that such State requirement takes 
     effect on or before July 1, 2016.''.
                                 ______
                                 
  SA 4952. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 5, line 11, strike ``, symbol, or'' and all that 
     follows through ``link'' on line 14 and insert ``or symbol, 
     and, in the case of a symbol, be a circle with the letters 
     `GMO' in the center''.
       Strike line 16 on page 5 and all that follows through line 
     12 on page 6.
       Strike line 16 on page 6.
                                 ______
                                 
  SA 4953. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, strike lines 1 through 10 and insert the 
     following:
       ``(1) Bioengineering.--The term `bioengineering', and any 
     similar term, as determined by the Secretary, with respect to 
     a food, refers to a food or food ingredient that is produced 
     with--
       ``(A) in vitro nucleic acid techniques, including 
     recombinant deoxyribonucleic acid (DNA) and direct injection 
     of nucleic acid into cells or organelles; or
       ``(B) fusion of cells beyond the taxonomic family,
     that overcome natural physiological reproductive or 
     recombinant barriers and that are not techniques used in 
     traditional breeding and selection..''.
                                 ______
                                 
  SA 4954. Ms. MURKOWSKI (for herself, Ms. Cantwell, Mrs. Murray, Mr. 
Sullivan, and Mr. Merkley) submitted an amendment intended to be 
proposed to amendment SA 4935 proposed by Mr. McConnell (for Mr. 
Roberts) to the bill S. 764, to reauthorize and amend the National Sea 
Grant College Program Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

     SEC. __. MARKET NAME FOR GENETICALLY ENGINEERED SALMON.

       (a) In General.--Notwithstanding any other provision of 
     law, including the amendments made by section 1, for purposes 
     of applying the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 301 et seq.), the acceptable market name of any salmon 
     that is genetically engineered shall include the words 
     ``Genetically Engineered'' or ``GE'' prior to the existing 
     acceptable market name.
       (b) Definition.--For purposes of this section, salmon is 
     genetically engineered if it has been modified by recombinant 
     DNA (rDNA) techniques, including the entire lineage of salmon 
     that contain the rDNA modification.
       (c) Savings Clause.--Nothing in this Act, including the 
     amendments made by this Act, affects the authority of the 
     Food and Drug Administration to establish market names for 
     foods.
                                 ______
                                 
  SA 4955. Mr. SANDERS submitted an amendment intended to be proposed 
to

[[Page S4833]]

amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 12, between lines 2 and 3, insert the following:
       ``(5) Penalties.--
       ``(A) Civil penalties; in general.--Any person who fails to 
     make a disclosure as described in paragraph (1) or who 
     knowingly provides a false statement in the course of an 
     examination or audit under paragraph (3) shall be subject to 
     a civil penalty in an amount of not more than $1,000 per day, 
     per food related to such failure to disclose or such false 
     statement.
       ``(B) Clarifications.--Calculation of the civil penalty 
     under subparagraph (A) shall not be made or multiplied by the 
     number of individual packages of the same food displayed or 
     offered for retail sale. Civil penalties assessed under 
     subparagraph (A) shall accrue and be assessed per each 
     uniquely named, designated, or marketed food.
       ``(C) Citizen suits.--An individual whose interests are 
     adversely affected by a violation described in subparagraph 
     (A) may collect damages in an amount of not more than 
     $100,000 per violation.''.
                                 ______
                                 
  SA 4956. Mrs. ERNST (for herself, Mr. Grassley, Mr. Sasse, and Mrs. 
Fischer) submitted an amendment intended to be proposed by her to the 
bill S. 2193, to amend the Immigration and Nationality Act to increase 
penalties for individuals who illegally reenter the United States after 
being removed and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 3. MANDATORY DETENTION OF CERTAIN ALIENS CHARGED WITH A 
                   CRIME RESULTING IN DEATH OR SERIOUS BODILY 
                   INJURY.

       (a) Short Title.--This section may be cited as ``Sarah's 
     Law''.
       (b) In General.--Section 236(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1226(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraphs (A) and (B), by striking the comma at 
     the end of each subparagraph and inserting a semicolon;
       (B) in subparagraph (C)--
       (i) by striking ``sentence'' and inserting ``sentenced''; 
     and
       (ii) by striking ``, or'' and inserting a semicolon;
       (C) in subparagraph (D), by striking the comma at the end 
     and inserting ``; or''; and
       (D) by inserting after subparagraph (D) the following:
       ``(E)(i)(I) was not inspected and admitted into the United 
     States;
       ``(II) held a nonimmigrant visa (or other documentation 
     authorizing admission into the United States as a 
     nonimmigrant) that has been revoked under section 221(i); or
       ``(III) is described in section 237(a)(1)(C)(i); and
       ``(ii) has been charged by a prosecuting authority in the 
     United States with any crime that resulted in the death or 
     serious bodily injury (as defined in section 1365(h)(3) of 
     title 18, United States Code) of another person,''; and
       (2) by adding at the end the following:
       ``(3) Notification requirement.--Upon encountering or 
     gaining knowledge of an alien described in paragraph (1), the 
     Assistant Secretary of Homeland Security for Immigration and 
     Customs Enforcement shall make reasonable efforts--
       ``(A) to obtain information from law enforcement agencies 
     and from other available sources regarding the identity of 
     any victims of the crimes for which such alien was charged or 
     convicted; and
       ``(B) to provide the victim or, if the victim is deceased, 
     a parent, guardian, spouse, or closest living relative of 
     such victim, with information, on a timely and ongoing basis, 
     including--
       ``(i) the alien's full name, aliases, date of birth, and 
     country of nationality;
       ``(ii) the alien's immigration status and criminal history;
       ``(iii) the alien's custody status and any changes related 
     to the alien's custody; and
       ``(iv) a description of any efforts by the United States 
     Government to remove the alien from the United States.''.
       (c) Savings Provision.--Nothing in this section, or the 
     amendments made by this section, may be construed to limit 
     the rights of crime victims under any other provision of law, 
     including section 3771 of title 18, United States Code.
                                 ______
                                 
  SA 4957. Mrs. ERNST (for herself, Mr. Grassley, Mr. Sasse, and Mrs. 
Fischer) submitted an amendment intended to be proposed by her to the 
bill S. 3100, to ensure that State and local law enforcement may 
cooperate with Federal officials to protect our communities from 
violent criminals and suspected terrorists who are illegally present in 
the United States; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 5. MANDATORY DETENTION OF CERTAIN ALIENS CHARGED WITH A 
                   CRIME RESULTING IN DEATH OR SERIOUS BODILY 
                   INJURY.

       (a) Short Title.--This section may be cited as ``Sarah's 
     Law''.
       (b) In General.--Section 236(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1226(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraphs (A) and (B), by striking the comma at 
     the end of each subparagraph and inserting a semicolon;
       (B) in subparagraph (C)--
       (i) by striking ``sentence'' and inserting ``sentenced''; 
     and
       (ii) by striking ``, or'' and inserting a semicolon;
       (C) in subparagraph (D), by striking the comma at the end 
     and inserting ``; or''; and
       (D) by inserting after subparagraph (D) the following:
       ``(E)(i)(I) was not inspected and admitted into the United 
     States;
       ``(II) held a nonimmigrant visa (or other documentation 
     authorizing admission into the United States as a 
     nonimmigrant) that has been revoked under section 221(i); or
       ``(III) is described in section 237(a)(1)(C)(i); and
       ``(ii) has been charged by a prosecuting authority in the 
     United States with any crime that resulted in the death or 
     serious bodily injury (as defined in section 1365(h)(3) of 
     title 18, United States Code) of another person,''; and
       (2) by adding at the end the following:
       ``(3) Notification requirement.--Upon encountering or 
     gaining knowledge of an alien described in paragraph (1), the 
     Assistant Secretary of Homeland Security for Immigration and 
     Customs Enforcement shall make reasonable efforts--
       ``(A) to obtain information from law enforcement agencies 
     and from other available sources regarding the identity of 
     any victims of the crimes for which such alien was charged or 
     convicted; and
       ``(B) to provide the victim or, if the victim is deceased, 
     a parent, guardian, spouse, or closest living relative of 
     such victim, with information, on a timely and ongoing basis, 
     including--
       ``(i) the alien's full name, aliases, date of birth, and 
     country of nationality;
       ``(ii) the alien's immigration status and criminal history;
       ``(iii) the alien's custody status and any changes related 
     to the alien's custody; and
       ``(iv) a description of any efforts by the United States 
     Government to remove the alien from the United States.''.
       (c) Savings Provision.--Nothing in this section, or the 
     amendments made by this section, may be construed to limit 
     the rights of crime victims under any other provision of law, 
     including section 3771 of title 18, United States Code.
                                 ______
                                 
  SA 4958. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 3. BIOENGINEERED FOOD HEALTH STUDIES.

       (a) Definitions.--In this section--
       (1) the term ``bioengineering'' has the meaning given such 
     term in section 291 of the Agriculture Marketing Act of 1946 
     (as added by section 1);
       (2) the term ``Director of NIH'' means the Director of the 
     National Institutes of Health; and
       (3) the term ``food'' has the meaning given such term in 
     section 201 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 321).
       (b) Establishment.--The Director of NIH shall establish a 
     program under which the Director of NIH shall provide grants 
     to eligible entities to study--
       (1) the potential human health benefits and risks of 
     bioengineered food; and
       (2) the potential human health benefits and risks 
     associated with the use of herbicides and pesticides in 
     growing bioengineered crops.
       (c) Long-term Studies.--In selecting entities to receive 
     grants under this section, the Director of NIH shall give 
     priority to entities that propose to conduct long-term 
     studies or other innovative studies, at the discretion of the 
     Director of NIH.
       (d) Eligible Entities.--Entities eligible for grants under 
     this section include academic institutions, national 
     laboratories, Federal research agencies, State and tribal 
     research agencies, public-private partnerships, and 
     consortiums of 2 or more such entities.
       (e) Reports.--The Director of NIH shall submit to the 
     Committee on Agriculture, Nutrition, and Forestry and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Agriculture and the Committee on 
     Energy and Commerce of House of Representative periodic 
     reports describing--
       (1) each study for which a grant has been provided under 
     this section;
       (2) any preliminary findings as a result of each such 
     study; and
       (3) a summary of topics that remain uncertain with respect 
     to the potential human health benefits and risks of 
     bioengineered food, and where additional research is still 
     needed.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to

[[Page S4834]]

     carry out this section $50,000,000, to remain available until 
     expended.
                                 ______
                                 
  SA 4959. Mr. BLUMENTHAL (for himself and Mr. Murphy) submitted an 
amendment intended to be proposed to amendment SA 4935 proposed by Mr. 
McConnell (for Mr. Roberts) to the bill S. 764, to reauthorize and 
amend the National Sea Grant College Program Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 10, strike line 4 and all that follows 
     through page 13, line 25 and insert the following:
       ``(e) State Food Labeling Standards.--
       ``(1) Labeling standards.--Notwithstanding subsection 
     (b)(1), subject to paragraph (2), a State or political 
     subdivision of a State may establish or continue in effect 
     any requirement relating to the labeling of whether a food, 
     food ingredient, or seed is bioengineered or was developed or 
     produced using bioengineering.
       ``(2) Requirements.--A requirement described in paragraph 
     (1) shall be identical to, or impose a higher standard than, 
     the national bioengineered food disclosure standard under 
     this section, such as by--
       ``(A) the coverage of a food not covered under the 
     standard;
       ``(B) the requirement of the disclosure of information that 
     is not required to be disclosed under the standard;
       ``(C) the requirement of an on-package disclosure;
       ``(D) the establishment of a standard relating to the size, 
     prominence, or design of an on-package disclosure;
       ``(E) the requirement of increased accessability to the 
     electronic or digital disclosure; or
       ``(F) the requirement that a person subject to disclosure 
     requirements establish more stringent procedures or practices 
     for recordkeeping than are required under the standard.
       ``(f) Consistency With Certain Laws.--The Secretary shall 
     consider establishing consistency between--
       ``(1) the national bioengineered food disclosure standard 
     established under this section; and
       ``(2) the Organic Foods Production Act of 1990 (7 U.S.C. 
     6501 et seq.) and any rules or regulations implementing that 
     Act.
       ``(g) Enforcement.--
       ``(1) Prohibited act.--It shall be a prohibited act for a 
     person to knowingly fail to make a disclosure as required 
     under this section.
       ``(2) Recordkeeping.--Each person subject to the mandatory 
     disclosure requirement under this section shall maintain, and 
     make available to the Secretary, on request, such records as 
     the Secretary determines to be customary or reasonable in the 
     food industry, by regulation, to establish compliance with 
     this section.
       ``(3) Examination and audit.--
       ``(A) In general.--The Secretary may conduct an 
     examination, audit, or similar activity with respect to any 
     records required under paragraph (2).
       ``(B) Notice and hearing.--A person subject to an 
     examination, audit, or similar activity under subparagraph 
     (A) shall be provided notice and opportunity for a hearing on 
     the results of any examination, audit, or similar activity.
       ``(C) Audit results.--After the notice and opportunity for 
     a hearing under subparagraph (B), the Secretary shall make 
     public the summary of any examination, audit, or similar 
     activity under subparagraph (A).
       ``(4) Recall authority.--The Secretary shall have no 
     authority to recall any food subject to this subtitle on the 
     basis of whether the food bears a disclosure that the food is 
     bioengineered.

     ``SEC. 294. SAVINGS PROVISIONS.

       ``(a) Trade.--This subtitle shall be applied in a manner 
     consistent with United States obligations under international 
     agreements.
       ``(b) Other Authorities.--Nothing in this subtitle--
       ``(1) affects the authority of the Secretary of Health and 
     Human Services or creates any rights or obligations for any 
     person under the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 301 et seq.); or
       ``(2) affects the authority of the Secretary of the 
     Treasury or creates any rights or obligations for any person 
     under the Federal Alcohol Administration Act (27 U.S.C. 201 
     et seq.).
       ``(c) Other.--A food may not be considered to be `not 
     bioengineered', `non-GMO', or any other similar claim 
     describing the absence of bioengineering in the food solely 
     because the food is not required to bear a disclosure that 
     the food is bioengineered under this subtitle.
       ``(d) Remedies.--Nothing in this subtitle preempts any 
     remedy created by a State or Federal statutory or common law 
     right.''.
                                 ______
                                 
  SA 4960. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 13, strike lines 8 through 19 and insert the 
     following:
       ``(b) Federal Preemption.--No State or a political 
     subdivision of a State may directly or indirectly establish 
     under any authority or continue in effect as to any food in 
     interstate commerce any requirement relating to the labeling 
     of whether a food (including food served in a restaurant or 
     similar establishment) is genetically engineered (which shall 
     include such other similar terms as determined by the 
     Secretary of Agriculture) or was developed or produced using 
     genetic engineering, including any requirement for claims 
     that a food is or contains an ingredient that was developed 
     or produced using genetic engineering.
                                 ______
                                 
  SA 4961. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, strike lines 1 through 10 and insert the 
     following:
       ``(1) Bioengineering.--The term `bioengineering', and any 
     similar term, as determined by the Secretary, with respect to 
     a food, refers to a food or food ingredient--
       ``(A) that is produced with genetic engineering techniques, 
     including--
       ``(i) recombinant deoxyribonucleic acid (DNA);
       ``(ii) cell fusion;
       ``(iii) micro and macro injection;
       ``(iv) encapsulation; and
       ``(v) gene deletion and doubling; and
       ``(B) for which the genetic material has been altered in a 
     way that does not occur naturally by mating, natural 
     recombination, or conventional breeding.
                                 ______
                                 
  SA 4962. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 8, strike lines 8 through 16 and insert the 
     following:
       ``(4) On-package disclosure.--If the Secretary determines 
     in the study conducted under paragraph (1) that consumers, 
     while shopping, would not have sufficient access to the 
     bioengineering disclosure through electronic or digital 
     disclosure methods, the Secretary shall require in 
     regulations promulgated under this section that the form of a 
     food disclosure under this section be a text or symbol.
                                 ______
                                 
  SA 4963. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 7, strike lines 5 through 9 and insert the 
     following:
     shall submit to Congress a report describing the results of a 
     study conducted by the Secretary that shall--
       ``(A) identify potential technological challenges that may 
     impact whether consumers would have access to the 
     bioengineering disclosure through electronic or digital 
     disclosure methods; and
       ``(B) evaluate consumer awareness of how to access the 
     bioengineering disclosure through electronic or digital 
     disclosure methods.
       On page 8, between lines 7 and 8 insert the following:
       ``(F) Whether a consumer has sufficient awareness of how to 
     access the bioengineering disclosure.
       ``(G) The age of a consumer.
       ``(H) The socioeconomic status of a consumer.
                                 ______
                                 
  SA 4964. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 8, line 24, strike ``food'' and insert ``GE''.
       On page 9, line 6, strike ``food'' and insert ``GE''.
                                 ______
                                 
  SA 4965. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 5, strike lines 9 through 15 and insert the 
     following:
       ``(D) require that the form of a food disclosure under this 
     section be a text or symbol;

       On page 5, line 22, strike ``earlier'' and insert 
     ``later''.

[[Page S4835]]

       On page 6, strike lines 1 through 12 and insert the 
     following:
       ``(ii) on-package disclosure options, in addition to those 
     available under subparagraph (D), that may be selected by the 
     small food manufacturer, that consist of--

       ``(I) a telephone number accompanied by the following 
     language to indicate that the phone number provides access to 
     additional bioengineered food information: `Call for more GE 
     information'; and
       ``(II) an Internet website maintained by the small food 
     manufacturer; and

       On page 7, strike line 1 and all that follows through page 
     10, line 3.
       On page 10, line 4, strike ``(e)'' and insert ``(c)''.
       On page 10, line 14, strike ``(f)'' and insert ``(d)''.
       On page 10, line 21, strike ``(g)'' and insert ``(e)''.
                                 ______
                                 
  SA 4966. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 13, strike line 20 and insert the following:

     ``SEC. 296. PRESERVATION OF CERTAIN STATE LAWS.

       ``Notwithstanding section 293(e) and section 295(b), 
     nothing in this subtitle or subtitle E shall affect the 
     authority of a State or political subdivision of a State to 
     enforce any State or local law (including any action taken or 
     requirement imposed pursuant to the authority of the State or 
     local law) relating to food labeling or seed labeling that 
     was enacted before January 1, 2016.

     ``SEC. 297. EXCLUSION FROM FEDERAL PREEMPTION.

                                 ______
                                 
  SA 4967. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 5, strike lines 1 through 4 and insert the 
     following:
       ``(B) require that a food that contains bioengineered 
     substances in an amount greater than \9/10\ of 1 percent of 
     the total weight of the food shall be a bioengineered food;
                                 ______
                                 
  SA 4968. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 9, line 17, insert ``, including unique identifiers 
     that are linked, or linkable, to consumers or the devices of 
     consumers'' before ``; but''.
                                 ______
                                 
  SA 4969. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 8, line 24, strike ``more'' and insert ``GMO and 
     other''.
       On page 9, line 6, strike ``more'' and insert ``GMO and 
     other''.
                                 ______
                                 
  SA 4970. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 10, strike lines 22 through 24 and insert the 
     following:
       ``(1) In general.--
       ``(A) Warnings.--If the Secretary determines that a person 
     is in violation of the national bioengineered food disclosure 
     standard under this subtitle, the Secretary shall--
       ``(i) notify the person of the determination of the 
     Secretary; and
       ``(ii) provide the person a 30-day period, beginning on the 
     date on which the person receives the notice under clause (i) 
     from the Secretary, during which the person may take 
     necessary steps to comply with the standard.
       ``(B) Fines.--On completion of the 30-day period described 
     in subparagraph (A)(ii) and after providing notice and an 
     opportunity for a hearing before the Secretary, the Secretary 
     may fine the person in an amount of not more than $1,000 for 
     each violation if the Secretary determines that the person--
       ``(i) has not made a good faith effort to comply with the 
     national bioengineered food disclosure standard under this 
     subtitle; and
       ``(ii) continues to willfully violate the standard with 
     respect to the violation about which the person received 
     notification under subparagraph (A)(i).
                                 ______
                                 
  SA 4971. Mr. TESTER (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 4935 proposed by Mr. 
McConnell (for Mr. Roberts) to the bill S. 764, to reauthorize and 
amend the National Sea Grant College Program Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2, strike lines 6 through 15 and insert the 
     following:
       ``(1) Bioengineering.--The term `bioengineering', and any 
     similar term, as determined by the Secretary, with respect to 
     a food, refers to a food or food ingredient--
       ``(A) that is produced with genetic engineering techniques; 
     and
       ``(B) for which the genetic material has been altered in a 
     manner that does not occur naturally by mating or 
     conventional breeding.
                                 ______
                                 
  SA 4972. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4935 proposed by Mr. McConnell (for Mr. Roberts) to the 
bill S. 764, to reauthorize and amend the National Sea Grant College 
Program Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. LABELING OF CERTAIN FOOD.

       The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
     seq.) is amended by adding at the end the following:

                 ``Subtitle E--Labeling of Certain Food

     ``SEC. 291. FEDERAL PREEMPTION.

       ``(a) Definitions.--In this subtitle:
       ``(1) Food.--The term `food' has the meaning given the term 
     in section 201 of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 321).
       ``(2) Genetically engineered.--The term `genetically 
     engineered' has the meaning given the term in the Coordinated 
     Framework for the Regulation of Biotechnology, published June 
     26, 1986, and February 27, 1992 (51 Fed. Reg. 23302; 57 Fed. 
     Reg. 6753).
       ``(b) Federal Preemption.--No State or a political 
     subdivision of a State may directly or indirectly establish 
     under any authority or continue in effect as to any food or 
     seed in interstate commerce any requirement relating to the 
     labeling of whether a food (including food served in a 
     restaurant or similar establishment) or seed is genetically 
     engineered or was developed or produced using genetic 
     engineering, including any requirement for claims that a food 
     or seed is or contains an ingredient that was developed or 
     produced using genetic engineering.''.

                          ____________________