[House Report 110-290]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-290

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  PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 3161) MAKING 
   APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
   ADMINISTRATION, AND RELATED AGENCIES PROGRAMS FOR THE FISCAL YEAR 
           ENDING SEPTEMBER 30, 2008, AND FOR OTHER PURPOSES

                                _______
                                

   August 1, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. McGovern, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 599]

    The Committee on Rules, having had under consideration 
House Resolution 599, by a record vote of 8 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for further consideration of the 
bill (H.R. 3161) making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2008, and for 
other purposes, under a structured rule. The rule provides that 
the bill shall be considered as read and that no further debate 
on any pending amendment shall be in order. The rule provides 
for further general debate not to exceed 30 minutes equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Appropriations. The rule provides 
that the amendments printed in part A of the Rules Committee 
report shall be considered as adopted in the House and in the 
Committee of the Whole. No further amendment shall be in order 
except those printed in part B of the Rules Committee report. 
The rule provides that each amendment printed in part B of the 
report may be offered only in the order printed in the report, 
may be offered only by a Member designated in the report, shall 
be considered as read, shall be debatable for the time 
specified in the report equally divided and controlled by the 
proponent and an opponent, shall not be subject to amendment, 
and shall not be subject to a demand for a division of the 
question in the House or in the Committee of the Whole. The 
rule waives all points of order against such amendments except 
for clauses 9 and 10 of rule XXI. The rule provides one motion 
to recommit with or without instructions.
    The rule further provides that after the motion that the 
Committee rise has been rejected on a legislative day, the 
chair may entertain another such motion on that day only if 
offered by the Chairman of the Committee on Appropriations or 
the Majority Leader. It also provides that after a motion to 
strike out the enacting words of the bill has been rejected, 
the Chair may not entertain another such motion during further 
consideration of the bill.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 287

    Date: August 1, 2007.
    Measure: H.R. 3161.
    Motion by: Mr. McGovern.
    Summary of motion: To report the rule.
    Results: Adopted 8-4.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Yea; Castor--Yea; Arcuri--Yea; Sutton--
Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Slaughter--Yea.

           SUMMARY OF AMENDMENTS TO BE CONSIDERED AS ADOPTED

    Amends bill language on drug re-importation (section 726) 
to clarify definition of ``prescription drug''.
    Strikes and replaces provisions in the bill (section 738) 
restricting use of funds for activities related to slaughter of 
horses, to retain prohibition on activities that allow 
slaughter of horses for human consumption but eliminate other 
prohibitions that could affect international transportation of 
horses, animal health activities, etc.
    Amends bill language prohibiting use of funds to authorize 
``qualified health claims'' on conventional foods (section 746) 
to clarify that the prohibition applies specifically to the 
Food and Drug Administration.
    Adds limitation to effectively eliminate three West 
Virginia earmarks from the committee report accompanying the 
bill.
    Adds language prohibiting use of funds to terminate or 
consolidate certain Food and Drug Administration field 
laboratories or District Offices or District Office inspection 
or compliance functions.
    Adds language prohibiting use of funds to purchase light 
bulbs that do not have ``ENERGY STAR'' or ``Federal Energy 
Management Program'' designations.

               SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

    1. Sessions. Strikes language from the bill prohibiting use 
of funds by the USDA Chief Financial Officer for ``competitive 
sourcing'' activities until the Secretary of Agriculture 
submits a report on the Department's contracting out policies 
and budget. 10 minutes
    2. Price (GA). Reduces funds provided in the bill for the 
Agricultural Research Service by $54,823,000. 10 minutes
    3. Hensarling. Reduces funds provided in the bill for rural 
community facilities programs by $6,287,000. 10 minutes
    4. Hensarling. Reduces funds provided in the bill for 
grants to finance broadband transmission in rural areas by 
$8,910,000. 10 minutes
    5. Kingston. Strikes provision from the bill (section 726) 
relating to importation of prescription drugs. 10 minutes
    6. Kingston. Adds language prohibiting use of funds to 
apply labor standards under the Davis-Bacon Act to contracts 
for construction of renewable energy systems. 10 minutes
    7. Jordan. Reduces all discretionary appropriations in the 
bill by 5.5 percent. 10 minutes
    8. Flake. Prohibits use of funds for an earmark contained 
in the committee report for the Catfish Pathogen Genomic 
Project in Auburn, AL. 10 minutes
    9. Flake. Prohibits use of funds for an earmark contained 
in the committee report for grape genetics research in Geneva, 
NY. 10 minutes
    10. Flake. Prohibits use of funds for an earmark contained 
in the committee report for the Alternative Uses of Tobacco 
(MD) grant. 10 minutes
    11. Flake. Prohibits use of funds for an earmark contained 
in the committee report for the Ruminant Nutrition Consortium 
(MT, ND, SD, WY) grant. 10 minutes
    12. Flake. Prohibits use of funds for an earmark contained 
in the committee report for the Wood Utilization (OR, MS, NC, 
MN, ME, MI, ID, TN, AK, WV) grant. 10 minutes

         PART A--TEXT OF AMENDMENTS TO BE CONSIDERED AS ADOPTED

  In section 726 of the bill, insert ``(as defined in section 
804(a)(3) of such Act)'' after ``pharmacists from importing a 
prescription drug''.
  In section 726 of the bill, insert ``of such Act'' before the 
period at the end.
  Strike section 738 and insert the following new section:
  Sec. 738. None of the funds made available in this Act may be 
used to pay the salaries or expenses of personnel to--
          (1) inspect horses under section 3 of the Federal 
        Meat Inspection Act (21 U.S.C. 603);
          (2) inspect horses under section 903 of the Federal 
        Agriculture Improvement and Reform Act of 1996 (7 
        U.S.C. 1901 note; Public Law 104-127); or
          (3) implement or enforce section 352.19 of title 9, 
        Code of Federal Regulations.
  Section 746 of the bill is amended to read as follows:
  Sec. 746. No funds in this Act for the Food and Drug 
Administration may be used to authorize qualified health claims 
for conventional foods.
  At the end of the bill (before the short title), insert the 
following:
  Sec. __. None of the funds in this Act shall be available for 
the Canaan Valley Institute (CVI) in Thomas, West Virginia.
  At the end of the bill (before the short title), insert the 
following:
  Sec. __. None of the funds made available in this Act may be 
used--
          (1) to terminate any of the 13 field laboratories 
        that are operated by the Food and Drug Administration 
        as of January 1, 2007, or 20 District Offices, or any 
        of the inspection or compliance functions of any of the 
        20 District Offices, of the Food and Drug 
        Administration functioning as of January 1, 2007; or
          (2) to consolidate any such laboratory with any other 
        laboratory, or any such District Office, or any of the 
        inspection or compliance functions of any District 
        Office, with any other District Office.
  At the end of the bill (before the short title), insert the 
following:
  Sec. __. None of the funds made available in this Act may be 
used to purchase light bulbs unless the light bulbs have the 
``ENERGY STAR'' or ``Federal Energy Management Program'' 
designation.

             PART B--TEXT OF AMENDMENTS TO BE MADE IN ORDER

 1. An Amendment To Be Offered By Representative Sessions of Texas, or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 9, strike ``: Provided'' and all that follows 
through ``budgets for contracting out''.

 2. An Amendment To Be Offered By Representative Price of Georgia, or 
                 His Designee, Debatable for 10 Minutes

  Page 9, line 5, after the dollar amount, insert ``(reduced by 
$54,823,000)''.

3. An Amendment To Be Offered By Representative Hensarling of Texas, or 
                 His Designee, Debatable for 10 Minutes

    Page 33, line 16, after the first dollar amount, insert 
``(or reduce by $6,287,000)''.
    Page 33, line 17, after the first dollar amount, insert 
``(reduced by $6,287,000)''.

4. An Amendment To Be Offered By Representative Hensarling of Texas, or 
                 His Designee, Debatable for 10 Minutes

    Page 48, line 12, after the first dollar amount, insert 
``(reduced by $8,910,000)''.

5. An Amendment To Be Offered By Representative Kingston of Georgia, or 
                 His Designee, Debatable for 10 Minutes

    Strike section 726.

6. An Amendment To Be Offered By Representative Kingston of Georgia, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:

               TITLE VIII--ADDITIONAL GENERAL PROVISIONS

  Sec. 801. None of the funds made available in this Act shall 
be used to pay the salaries or expenses of any employee of the 
Department of Agriculture who would require contracts to 
construct renewable energy systems to be carried out in 
compliance with the provisions of the Davis-Bacon Act.

7. An Amendment To Be Offered By Representative Jordan of Ohio, or His 
                   Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. __. 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 5.5 percent.

 8. An Amendment To Be Offered By Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. ___. (a) Limitation on Use of Funds.--None of the funds 
in this Act shall be available to the Auburn University for the 
Catfish Pathogen Genomic Project, Auburn, AL.
  (b) Corresponding Reduction of Funds.--The amount otherwise 
provided by this Act for ``Agricultural Research Service--
Salaries and Expenses'' is hereby reduced by $878,046.

 9. An Amendment To Be Offered By Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. ___. (a) Limitation on Use of Funds.--None of the funds 
in this Act shall be available to Cornell University for Grape 
Genetics research, Geneva, NY.
  (b) Corresponding Reduction of Funds.--The amount otherwise 
provided by this Act for ``Agricultural Research Service--
Salaries and Expenses'' is hereby reduced by $628,843.

 10. An Amendment To Be Offered By Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. ___. (a) Limitation on Use of Funds.--None of the funds 
in this Act shall be available for the Alternative Uses for 
Tobacco, Maryland grant.
  (b) Corresponding Reduction of Funds.--The amount otherwise 
provided by this Act for ``Cooperative State Research, 
Education, and Extension Service--Research and Education 
Activities'' (and the amount specified under such heading for 
special grants for agricultural research) are hereby reduced by 
$400,000.

 11. An Amendment To Be Offered By Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. ___. (a) Limitation on Use of Funds.--None of the funds 
in this Act shall be available for the Ruminant Nutrition 
Consortium (MT, ND, SD, WY) grant.
  (b) Corresponding Reduction of Funds.--The amount otherwise 
provided by this Act for ``Cooperative State Research, 
Education, and Extension Service--Research and Education 
Activities'' (and the amount specified under such heading for 
special grants for agricultural research) are hereby reduced by 
$489,000.

 12. An Amendment To Be Offered By Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:
  Sec. ___. (a) Limitation on Use of Funds.--None of the funds 
in this Act shall be available for the Wood Utilization (OR, 
MS, NC, MN, ME, MI, ID, TN, AK, WV) grant.
  (b) Corresponding Reduction of Funds.--The amount otherwise 
provided by this Act for ``Cooperative State Research, 
Education, and Extension Service--Research and Education 
Activities'' (and the amount specified under such heading for 
special grants for agricultural research) are hereby reduced by 
$6,371,000.

                                  
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