59–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–290 

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 


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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 reVerDate Aug 31 2005 20:26 Aug 02, 2007 Jkt 059010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR290.XXX HR290

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port on the Department’s contracting out policies and budget. 10 

minutes 

2. Price (GA). Reduces funds provided in the bill for the Agricul- tural Research Service by $54,823,000. 10 minutes 

3. Hensarling. Reduces funds provided in the bill for rural com- munity facilities programs by $6,287,000. 10 minutes 

4. Hensarling. Reduces funds provided in the bill for grants to fi- nance 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. ll. None of the funds in this Act shall be available for the 

Canaan Valley Institute (CVI) in Thomas, West Virginia. 


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

SEC. ll. 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. ll. 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: 


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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. ll. 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. lll. (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. lll. (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. lll. (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: 


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SEC. lll. (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. lll. (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. 

Æ 


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