CONGRESSIONAL RECORD SENATE

clerk will report the motion. Motion to proceed to Calendar No. 276, S. 2193, a bill to amend the Immigration Nationality Act to increase penalties for individuals who illegally reenter the United States after being removed for other purposes. Mr. MCCONNELL. Mr. President, I send a cloture motion to the desk. cloture motion having been presented under rule XXII, the Chair directs the clerk to read the motion. We, the undersigned Senators, in accordance with the provisions of rule XXII of the Sting Rules of the Senate, do hereby move to bring to a close debate on the motion to proceed to Calendar No. 276, S. 2193, a bill to amend the Immigration Nationality Act to increase penalties for individuals who illegally reenter the United States after being removed for other purposes. Mitch McConnell, David Perdue, Pat Roberts, John Thune, Dan Sullivan, Roy Blunt, Chuck Grassley, Thom Tillis, Steve Daines, Jeff Sessions, John Barrasso, John Boozman, Richard Burr, Mike Lee, Tim Scott, Deb Fischer, Joni Ernst. Mr. MCCONNELL. Mr. President, I withdraw the motion to proceed. motion is withdrawn. f NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2015 Mr. MCCONNELL. I ask the Chair to lay before the body the message to accompany S. 764. Mr. SANDERS addressed the Chair. Senator from Vermont. Mr. SANDERS. Reserving the right to object, I have a parliamentary inquiry. Is one of the acts in this overall bill entitled the Defund Planned Parenthood Act of 2015? majority Mr. MCCONNELL. I know that was a parliamentary inquiry. Mr. SANDERS. Excuse me, I would like an answer to my question, please. Regular order. I asked the question. Defund Planned Parenthood Act is part of the House message to the Senate. Mr. SANDERS. In other words, sir, the Defund Planned Parenthood Act of 2015 is part of the legislation we are voting on; is that correct? Yes? No? Maybe? The PRESIDING OFFICER. Would the Senator please restate his inquiry? Mr. SANDERS. Yes. Is it possible that, as part of the legislation that the Senator from Kentucky has introduced, that there is a title in there called the Defund Planned Parenthood Act of 2015? CONGRESSIONAL RECORD SENATE Is that title in the legislation we are voting on? language in question is part of the House amendment. Mr. SANDERS. Thank you very much. I ask that that language be withdrawn right now. Mr. MCCONNELL. Mr. President, would the Senator yield? I think I can clear up his concern. Mr. SANDERS. No, I really won t yield. My request is that that language be withdrawn now with unanimous consent. Mr. LEAHY. Mr. President, a parliamentary inquiry. majority leader has the floor. Mr. SANDERS. I believe I have the floor. Mr. MCCONNELL. Mr. President, if I may, I think we have explained this to everybody over over again. Let me try again. The Roberts amendment that I will offer is a complete a complete substitute for the underlying language that concerns some of our colleagues on the other side. Mr. LEAHY. Mr. President, a parliamentary inquiry. Senator will state his inquiry. Mr. LEAHY. Parliamentary inquiry: Notwithsting what the majority leader has said, the legislation he brought up would defund Planned Parenthood; is that correct, if it was accepted? The PRESIDING OFFICER. That is not a judgement for the Parliamentarian. Mr. LEAHY. Parliamentary inquiry: Would that be a position for the United States Senate if we were allowed to vote on it? Ms. STABENOW. Parliamentary inquiry, Mr. President. Mr. LEAHY. Could I get an answer to my parliamentary inquiry? Ms. STABENOW. Excuse me. I am sorry. Mr. MCCONNELL. Mr. President, Parliamentary inquiry. majority Mr. MCCONNELL. If I were to offer the Roberts amendment that will be a complete substitute for the underlying language, would it not alleviate the concern that our colleagues on the other side have? question before the Senate would be the amendment offered by the majority Mr. LEAHY. Further Parliamentary inquiry, Mr. President. House can respond in whatever manner it chooses. Mrs. BOXER. What does that mean? Mr. LEAHY. Parliamentary inquiry, Mr. President: If the majority leader were to withdraw the House bill to defund Planned Parenthood replace VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.046 S29JNPT1 S4703 it with the Roberts GMO bill, would the acceptance of that be a debatable motion before the Senate? Not asking how we should vote, but would that be a debatable motion? Mr. MCCONNELL addressed the Chair. majority Mr. MCCONNELL. Who has the floor? majority leader has the floor. Mr. MCCONNELL. All right. It is my understing that I don t have the authority to withdraw a House amendment. What I am doing here, if our friends colleagues on the other side will let me, is to offer a complete substitute for that, which is the Roberts amendment, which I think everybody understs the content of. Mr. SCHUMER addressed the Chair. Roberts amendment would be the question before the Senate. The House would have to respond to the Senate substitute. Mr. LEAHY. Mr. President, further Parliamentary inquiry. Senator from Vermont. Mr. LEAHY. If the majority leader were to withdraw the Planned Parenthood amendment put in the Roberts amendment, which has not been previously debated, would a vote on acceptance of that be a debatable issue? majority leader may not withdraw House language. He can only propose an amendment to the substitute or concur in that amendment. Those are debatable questions. Mr. LEAHY. Mr. President, further parliamentary inquiry. Mr. President, if my friend the majority leader were to be able to do what he has proposed, would the resolution of that matter, then, be a matter of debate before the body under the normal Senate of rules? The PRESIDING OFFICER. Yes, the motion to concur is debatable. Mr. LEAHY. I thank the Presiding Officer. Mrs. BOXER. Parliamentary inquiry. Mr. President, Parliamentary inquiry. Senator from California. Mrs. BOXER. I just want to underst where we are, because there is a lot of angst discomfort, I want to say to Senator HIRONO, who happened to read what we are voting on, which I really appreciate, called it to our attention is it the Presiding Officer s view, in answer to Senator LEAHY Senator SANDERS, that the Senate has no ability to strike the title called the Defund Planned Parenthood Act of 2015 at this time; that we do not have the ability to do this? Could we not do it by unanimous consent or would that not be allowed as well? Senate does not strike language; it proposes amendments. Mrs. BOXER. So if I were to make a unanimous consent request further parliamentary

S4704 CONGRESSIONAL RECORD SENATE The PRESIDING OFFICER. Which amendment could be a complete substitute replacing that language. Mrs. BOXER. Even the title? title amendment is a separate question. Mrs. BOXER. So the title will remain; is that correct? Even after the majority leader does what he says he is going to do, the title called Defund Planned Parenthood Act of 2015 would remain; is that correct? short title is part of the amendment. Mrs. BOXER. I am sorry. I am trying to get an answer. I didn t hear it. Chair is trying to answer. The short title is part of the amendment to the House which the majority leader s proposed amendment would replace. Mrs. BOXER. So the title would no longer be in the bill; is that correct? The PRESIDING OFFICER. That depends on the action of the House in response to the Senate amendment on the bill. Mrs. BOXER. So the House is going to determine whether or not to remove this title: This Act may be cited as the Defund Planned Parenthood Act of 2015. I just say to my friends, I don t know why the majority leader chose to bring up this shell. He could have brought up any other shell. We should vote no on this. Mr. MCCONNELL addressed the Chair. majority Regular order has been called for. Is there objection to laying down Mr. MCCONNELL. Mr. President, parliamentary inquiry. What is the title of the bill? clerk will read the title of the bill. The legislative clerk S. 764, entitled An Act to reauthorize amend the National Sea Grant College Program Act, for other purposes. Mr. MCCONNELL. Mr. President, we have many disputes around here over major issues, but I am perplexed by where we are. What I am trying to do is to offer a complete substitute, the Roberts amendment I think everybody understs what that is. I must say I don t think there is a single person in America who would think any of our colleagues over here would vote to defund Planned Parenthood. We are not trying to trick anybody. We are trying to get to the Roberts amendment, I am offering a complete substitute for a bill with a title that I don t think sounds particularly offensive from a Democratic point of view. I am perplexed as to what the problem is here. Mr. SCHUMER. Would the majority leader yield for a question? majority leader has made a motion. The Senator from New York. Mr. SCHUMER. Would the majority leader yield for a question? Mr. MCCONNELL. I will be happy to yield to the Senator from New York. Mr. SCHUMER. So once the majority leader strikes everything but the title about whatever it was, the words Planned Parenthood will not appear in the bill before us at all; is that correct? Mr. MCCONNELL. Yes. My understing is it will not be in there at all. Mr. SCHUMER. Thank you, Majority Leader. Mr. LEAHY. Mr. President, may I make a further Mr. MCCONNELL. Regular order, Mr. President. Mr. LEAHY. Parliamentary inquiry. question is on the laying down of the message to accompany S. 764. Mr. LEAHY. Parliamentary inquiry, Mr. President. majority leader has the floor. Will the majority leader yield for a parliamentary inquiry? Mr. MCCONNELL. Regular order, Mr. President. The PRESIDING OFFICER. Regular order has been called for. Mr. LEAHY. Mr. President, would the majority leader yield for a question? question is on agreeing to the motion. Mrs. ERNST. Mr. President, I ask for the yeas nays. The PRESIDING OFFICER. Is there a sufficient second? There appears to be a sufficient second. The clerk will call the roll. called the roll. Mr. REID. I announce that the Senator from Illinois (Mr. DURBIN), the Senator from West Virginia (Mr. MANCHIN), the Senator from Virginia (Mr. WARNER) are necessarily absent. The PRESIDING OFFICER. Are there any other Senators in the Chamber desiring to vote? The result was announced yeas 68, nays 29, as follows: [Rollcall Vote No. 117 Leg.] YEAS 68 Alexer Ayotte Baldwin Barrasso Bennet Blunt Boozman Brown Burr Capito Carper Casey Cassidy Coats Cochran Collins Coons Corker Cornyn Cotton Crapo Cruz Daines Donnelly Enzi Ernst Feinstein Fischer Flake Franken Gardner Graham Grassley Hatch Heitkamp Heller Hoeven Inhofe Isakson Johnson King Kirk Klobuchar Lankford Lee McCain McCaskill McConnell Moran Nelson Perdue Peters Portman Risch Roberts Rounds Rubio Sasse Scott Sessions Shaheen Shelby Stabenow Thune Tillis Toomey Vitter Wicker Blumenthal Booker Boxer Cantwell Cardin Gillibr Heinrich Hirono Kaine Leahy VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G29JN6.049 S29JNPT1 NAYS 29 Markey Menendez Merkley Mikulski Murkowski Murphy Murray Paul Reed Reid NOT VOTING 3 Sers Schatz Schumer Sullivan Tester Udall Warren Whitehouse Wyden Durbin Manchin Warner The motion was agreed to. Chair lays before the Senate a message from the House of Representatives. The legislative clerk Resolved, That the bill from the Senate (S. 764) entitled An Act to reauthorize amend the National Sea Grant College Program Act, for other purposes, do pass with an amendment. Pending: McConnell motion to concur in the House amendment to the bill with McConnell (for Roberts) amendment No. 3450 (to the House amendment to the bill), in the nature of a substitute. McConnell motion to refer the bill to the Committee on Commerce, Science, Transportation. majority MOTION TO REFER WITHDRAWN Mr. MCCONNELL. Mr. President, I withdraw the motion to refer to the Committee on Commerce. motion is withdrawn. MOTION TO CONCUR WITH AMENDMENT NO. 3450 WITHDRAWN Mr. MCCONNELL. I withdraw the motion to concur in the House amendment to S. 764 with a further amendment, No. 3450. motion is withdrawn. MOTION TO CONCUR WITH AMENDMENT NO. 4935 Mr. MCCONNELL. I move to concur in the House amendment to S. 764 with the Roberts substitute amendment that strikes replaces the House amendment. clerk will report the motion. The Senator from Kentucky [Mr. MCCON- NELL] moves to concur in the House amendment to S. 764 with an amendment numbered 4935. (The amendment is printed in today s RECORD under Text of Amendments. ) Mr. MCCONNELL. I send a cloture motion to the desk on the motion to concur with amendment. cloture motion having been presented under rule XXII, the Chair directs the clerk to read the motion. We, the undersigned Senators, in accordance with the provisions of rule XXII of the Sting Rules of the Senate, do hereby move to bring to a close debate on the motion to concur in the House amendment with

S4734 CONGRESSIONAL RECORD SENATE in writing, continue to perform all obligations under, comply with the terms of, such contract, provided that the Government of Puerto Rico is not in default under such contract other than as a result of a condition specified in paragraph (3). (k) EFFECT. This section does not discharge an obligation of the Government of Puerto Rico or release, invalidate, or impair any security interest or lien securing such obligation. This section does not impair or affect the implementation of any restructuring support agreement executed by the Government of Puerto Rico to be implemented pursuant to Puerto Rico law specifically enacted for that purpose prior to the enactment of this Act or the obligation of the Government of Puerto Rico to proceed in good faith as set forth in any such agreement. (l) PAYMENTS ON LIABILITIES. Nothing in this section shall be construed to prohibit the Government of Puerto Rico from making any payment on any Liability when such payment becomes due during the term of the stay, to the extent the Oversight Board, in its sole discretion, determines it is feasible, the Government of Puerto Rico shall make interest payments on outsting indebtedness when such payments become due during the length of the stay. (m) FINDINGS. Congress finds the following: (1) A combination of severe economic decline,, at times, accumulated operating deficits, lack of financial transparency, management inefficiencies, excessive borrowing has created a fiscal emergency in Puerto Rico. (2) As a result of its fiscal emergency, the Government of Puerto Rico has been unable to provide its citizens with effective services. (3) The current fiscal emergency has also affected the long-term economic stability of Puerto Rico by contributing to the accelerated outmigration of residents businesses. (4) A comprehensive approach to fiscal, management, structural problems adjustments that exempts no part of the Government of Puerto Rico is necessary, involving independent oversight a Federal statutory authority for the Government of Puerto Rico to restructure debts in a fair orderly process. (5) ADDITIONALLY, AN IMMEDIATE. but temporary stay is essential to stabilize the region for the purposes of resolving this territorial crisis. (A) The stay advances the best interests common to all stakeholders, including but not limited to a functioning independent Oversight Board created pursuant to this Act to determine whether to appear or intervene on behalf of the Government of Puerto Rico in any litigation that may have been commenced prior to the effectiveness or upon expiration of the stay. (B) The stay is limited in nature narrowly tailored to achieve the purposes of this Act, including to ensure all creditors have a fair opportunity to consensually renegotiate terms of repayment based on accurate financial information that is reviewed by an independent authority or, at a minimum, receive a recovery from the Government of Puerto Rico equal to their best possible outcome absent the provisions of this Act. (6) Finally, the ability of the Government of Puerto Rico to obtain funds from capital markets in the future will be severely diminished without congressional action to restore its financial accountability stability. (n) PURPOSES. The purposes of this section are to (1) provide the Government of Puerto Rico with the resources the tools it needs to address an immediate existing imminent crisis; (2) allow the Government of Puerto Rico a limited period of time during which it can focus its resources on negotiating a voluntary resolution with its creditors instead of defending numerous, costly creditor lawsuits; (3) provide an oversight mechanism to assist the Government of Puerto Rico in reforming its fiscal governance support the implementation of potential debt restructuring; (4) make available a Federal restructuring authority, if necessary, to allow for an orderly adjustment of all of the Government of Puerto Rico s liabilities; (5) benefit the lives of 3.5 million American citizens living in Puerto Rico by encouraging the Government of Puerto Rico to resolve its longsting fiscal governance issues return to economic growth. (o) VOTING ON VOLUNTARY AGREEMENTS NOT STAYED. Notwithsting any provision in this section to the contrary, nothing in this section shall prevent the holder of a Liability Claim from voting on or consenting to a proposed modification of such Liability Claim under title VI of this Act. SA 4933. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 2328, to reauthorize amend the National Sea Grant College Program Act, for other purposes; which was ordered to lie on the table; as follows: Strike section 405 insert the following: SEC. 405. FINDINGS AND PURPOSES. (a) FINDINGS. Congress finds the following: (1) A combination of severe economic decline,, at times, accumulated operating deficits, lack of financial transparency, management inefficiencies, excessive borrowing has created a fiscal emergency in Puerto Rico. (2) As a result of its fiscal emergency, the Government of Puerto Rico has been unable to provide its citizens with effective services. (3) The current fiscal emergency has also affected the long-term economic stability of Puerto Rico by contributing to the accelerated outmigration of residents businesses. (4) A comprehensive approach to fiscal, management, structural problems adjustments that exempts no part of the Government of Puerto Rico is necessary, involving independent oversight a Federal statutory authority for the Government of Puerto Rico to restructure debts in a fair orderly process. (5) Finally, the ability of the Government of Puerto Rico to obtain funds from capital markets in the future will be severely diminished without congressional action to restore its financial accountability stability. (b) PURPOSES. The purposes of this Act are to (1) provide the Government of Puerto Rico with the resources the tools it needs to address an immediate existing imminent crisis; (2) incentivize the Government of Puerto Rico to focus its resources on negotiating a voluntary resolution with its creditors; (3) provide an oversight mechanism to assist the Government of Puerto Rico in reforming its fiscal governance support the implementation of potential debt restructuring; (4) make available a Federal restructuring authority, if necessary, to allow for an orderly adjustment of all of the Government of Puerto Rico s liabilities; (5) benefit the lives of 3.5 million American citizens living in Puerto Rico by encouraging VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.039 S29JNPT1 the Government of Puerto Rico to resolve its longsting fiscal governance issues return to economic growth. SA 4934. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 2328, to reauthorize amend the National Sea Grant College Program Act, for other purposes; which was ordered to lie on the table; as follows: In section 104(e), add at the end the following: Nothing in this Act provides immunity to the Oversight Board, members of the Oversight Board, or employees of the Oversight Board from any anti-corruption laws.. SA 4935. Mr. MCCONNELL (for Mr. ROBERTS) proposed an amendment to the bill S. 764, to reauthorize amend the National Sea Grant College Program Act, for other purposes; as follows: Strike all after the enacting clause insert the following: SECTION 1. NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD. The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: Subtitle E National Bioengineered Food Disclosure Stard SEC. 291. DEFINITIONS. In this subtitle: (1) BIOENGINEERING. The term bioengineering, any similar term, as determined by the Secretary, with respect to a food, refers to a food (A) that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques; (B) for which the modification could not otherwise be obtained through conventional breeding or found in nature. (2) FOOD. The term food means a food (as defined in section 201 of the Federal Food, Drug, Cosmetic Act (21 U.S.C. 321)) that is intended for human consumption. (3) SECRETARY. The term Secretary means the Secretary of Agriculture. SEC. 292. APPLICABILITY. (a) IN GENERAL. This subtitle shall apply to any claim in a disclosure that a food bears that indicates that the food is a bioengineered food. (b) APPLICATION OF DEFINITION. The definition of the term bioengineering under section 291 shall not affect any other definition, program, rule, or regulation of the Federal Government. (c) APPLICATION TO FOODS. This subtitle shall apply only to a food subject to (1) the labeling requirements under the Federal Food, Drug, Cosmetic Act (21 U.S.C. 301 et seq.); or (2) the labeling requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.) only if (A) the most predominant ingredient of the food would independently be subject to the labeling requirements under the Federal Food, Drug, Cosmetic Act (21 U.S.C. 301 et seq.); or (B)(i) the most predominant ingredient of the food is broth, stock, water, or a similar solution; (ii) the second-most predominant ingredient of the food would independently be subject to the labeling requirements under the Federal Food, Drug, Cosmetic Act (21 U.S.C. 301 et seq.).

SEC. 293. ESTABLISHMENT OF NATIONAL BIO- ENGINEERED FOOD DISCLOSURE STANDARD. (a) ESTABLISHMENT OF MANDATORY STAND- ARD. Not later than 2 years after the date of enactment of this subtitle, the Secretary shall (1) establish a national matory bioengineered food disclosure stard with respect to any bioengineered food any food that may be bioengineered; (2) establish such requirements procedures as the Secretary determines necessary to carry out the stard. (b) REGULATIONS. (1) IN GENERAL. A food may bear a disclosure that the food is bioengineered only in accordance with regulations promulgated by the Secretary in accordance with this subtitle. (2) REQUIREMENTS. A regulation promulgated by the Secretary in carrying out this subtitle shall (A) prohibit a food derived from an animal to be considered a bioengineered food solely because the animal consumed feed produced from, containing, or consisting of a bioengineered substance; (B) determine the amounts of a bioengineered substance that may be present in food, as appropriate, in order for the food to be a bioengineered food; (C) establish a process for requesting granting a determination by the Secretary regarding other factors conditions under which a food is considered a bioengineered food; (D) in accordance with subsection (d), require that the form of a food disclosure under this section be a text, symbol, or electronic or digital link, but excluding Internet website Uniform Resource Locators not embedded in the link, with the disclosure option to be selected by the food manufacturer; (E) provide alternative reasonable disclosure options for food contained in small or very small packages; (F) in the case of small food manufacturers, provide (i) an implementation date that is not earlier than 1 year after the implementation date for regulations promulgated in accordance with this section; (ii) on-package disclosure options, in addition to those available under subparagraph (D), to be selected by the small food manufacturer, that consist of (I) a telephone number accompanied by appropriate language to indicate that the phone number provides access to additional information; (II) an Internet website maintained by the small food manufacturer in a manner consistent with subsection (d), as appropriate; (G) exclude (i) food served in a restaurant or similar retail food establishment; (ii) very small food manufacturers. (3) SAFETY. For the purpose of regulations promulgated food disclosures made pursuant to paragraph (2), a bioengineered food that has successfully completed the premarket Federal regulatory review process shall not be treated as safer than, or not as safe as, a non-bioengineered counterpart of the food solely because the food is bioengineered or produced or developed with the use of bioengineering. (c) STUDY OF ELECTRONIC OR DIGITAL LINK DISCLOSURE. (1) IN GENERAL. Not later than 1 year after the date of enactment of this subtitle, the Secretary shall conduct a study to identify potential technological challenges that may impact whether consumers would have CONGRESSIONAL RECORD SENATE methods. (2) PUBLIC COMMENTS. In conducting the study under paragraph (1), the Secretary shall solicit consider comments from the public. (3) FACTORS. The study conducted under paragraph (1) shall consider whether consumer methods under this subtitle would be affected by the following factors: (A) The availability of wireless Internet or cellular networks. (B) The availability of lline telephones in stores. (C) Challenges facing small retailers rural retailers. (D) The efforts that retailers other entities have taken to address potential technology infrastructure challenges. (E) The costs benefits of installing in retail stores electronic or digital link scanners or other evolving technology that provide bioengineering disclosure information. (4) ADDITIONAL DISCLOSURE OPTIONS. 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, after consultation with food retailers manufacturers, shall provide additional comparable options to access the bioengineering disclosure. (d) DISCLOSURE. In promulgating regulations under this section, the Secretary shall ensure that (1) on-package language accompanies (A) the electronic or digital link disclosure, indicating that the electronic or digital link will provide access to an Internet website or other ling page by stating only Scan here for more food information, or equivalent language that only reflects technological changes; or (B) any telephone number disclosure, indicating that the telephone number will provide access to additional information by stating only Call for more food information. ; (2) the electronic or digital link will provide located, in a consistent conspicuous manner, on the first product information page that appears for the product on a mobile device, Internet website, or other ling page, which shall exclude marketing promotional information; (3)(A) the electronic or digital link disclosure may not collect, analyze, or sell any personally identifiable information about consumers or the devices of consumers; but (B) if information described in subparagraph (A) must be collected to carry out the purposes of this subtitle, that information shall be deleted immediately not used for any other purpose; (4) the electronic or digital link disclosure also includes a telephone number that provides ; (5) the electronic or digital link disclosure is of sufficient size to be easily effectively scanned or read by a digital device. (e) STATE FOOD LABELING STANDARDS. Notwithsting section 295, no State or 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 or disclosure of whether a food is bioengineered or was developed or produced using bioengineering for a food that is the subject of the national bioengineered food disclosure stard under this section that is not identical to the matory disclosure requirement under that stard. VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.038 S29JNPT1 S4735 (f) CONSISTENCY WITH CERTAIN LAWS. The Secretary shall consider establishing consistency between (1) the national bioengineered food disclosure stard established under this section; (2) the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) 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 matory disclosure requirement under this section shall maintain, 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 opportunity for a hearing on the results of any examination, audit, or similar activity. (C) AUDIT RESULTS. After the notice 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 Human Services or creates any rights or obligations for any person under the Federal Food, Drug, 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. Subtitle F Labeling of Certain Food SEC. 295. FEDERAL PREEMPTION. (a) DEFINITION OF FOOD. In this subtitle, the term food has the meaning given the term in section 201 of the Federal Food, Drug, Cosmetic Act (21 U.S.C. 321). (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 (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 or seed is or contains an ingredient that was developed or produced using genetic engineering.

S4736 CONGRESSIONAL RECORD SENATE SEC. 296. EXCLUSION FROM FEDERAL PREEMP- TION. Nothing in this subtitle, subtitle E, or any regulation, rule, or requirement promulgated in accordance with this subtitle or subtitle E shall be construed to preempt any remedy created by a State or Federal statutory or common law right.. SEC. 2. ORGANICALLY PRODUCED FOOD. In the case of a food certified under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.), the certification shall be considered sufficient to make a claim regarding the absence of bioengineering in the food, such as not bioengineered, non- GMO, or another similar claim. SA 4936. Mr. MCCONNELL proposed an amendment to amendment SA 4935 proposed by Mr. MCCONNELL (for Mr. ROB- ERTS) to the bill S. 764, to reauthorize amend the National Sea Grant College Program Act, for other purposes; as follows: At the end, add the following: This Act shall take effect 1 day after the date of enactment. SA 4937. Mr. MCCONNELL proposed an amendment to the bill S. 764, to reauthorize amend the National Sea Grant College Program Act, for other purposes; as follows: Strike all after the enacting clause insert the following: SECTION 1. NATIONAL BIOENGINEERED FOOD DISCLOSURE STANDARD. The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: Subtitle E National Bioengineered Food Disclosure Stard SEC. 291. DEFINITIONS. In this subtitle: (1) BIOENGINEERING. The term bioengineering, any similar term, as determined by the Secretary, with respect to a food, refers to a food (A) that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques; (B) for which the modification could not otherwise be obtained through conventional breeding or found in nature. (2) FOOD. The term food means a food (as defined in section 201 of the Federal Food, Drug, Cosmetic Act (21 U.S.C. 321)) that is intended for human consumption. (3) SECRETARY. The term Secretary means the Secretary of Agriculture. SEC. 292. APPLICABILITY. (a) IN GENERAL. This subtitle shall apply to any claim in a disclosure that a food bears that indicates that the food is a bioengineered food. (b) APPLICATION OF DEFINITION. The definition of the term bioengineering under section 291 shall not affect any other definition, program, rule, or regulation of the Federal Government. (c) APPLICATION TO FOODS. This subtitle shall apply only to a food subject to (1) the labeling requirements under the Federal Food, Drug, Cosmetic Act (21 U.S.C. 301 et seq.); or (2) the labeling requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.) only if (A) the most predominant ingredient of the food would independently be subject to VerDate Sep 11 2014 05:52 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\A29JN6.038 S29JNPT1 the labeling requirements under the Federal Food, Drug, Cosmetic Act (21 U.S.C. 301 et seq.); or (B)(i) the most predominant ingredient of the food is broth, stock, water, or a similar solution; (ii) the second-most predominant ingredient of the food would independently be subject to the labeling requirements under the Federal Food, Drug, Cosmetic Act (21 U.S.C. 301 et seq.). SEC. 293. ESTABLISHMENT OF NATIONAL BIO- ENGINEERED FOOD DISCLOSURE STANDARD. (a) ESTABLISHMENT OF MANDATORY STAND- ARD. Not later than 2 years after the date of enactment of this subtitle, the Secretary shall (1) establish a national matory bioengineered food disclosure stard with respect to any bioengineered food any food that may be bioengineered; (2) establish such requirements procedures as the Secretary determines necessary to carry out the stard. (b) REGULATIONS. (1) IN GENERAL. A food may bear a disclosure that the food is bioengineered only in accordance with regulations promulgated by the Secretary in accordance with this subtitle. (2) REQUIREMENTS. A regulation promulgated by the Secretary in carrying out this subtitle shall (A) prohibit a food derived from an animal to be considered a bioengineered food solely because the animal consumed feed produced from, containing, or consisting of a bioengineered substance; (B) determine the amounts of a bioengineered substance that may be present in food, as appropriate, in order for the food to be a bioengineered food; (C) establish a process for requesting granting a determination by the Secretary regarding other factors conditions under which a food is considered a bioengineered food; (D) in accordance with subsection (d), require that the form of a food disclosure under this section be a text, symbol, or electronic or digital link, but excluding Internet website Uniform Resource Locators not embedded in the link, with the disclosure option to be selected by the food manufacturer; (E) provide alternative reasonable disclosure options for food contained in small or very small packages; (F) in the case of small food manufacturers, provide (i) an implementation date that is not earlier than 1 year after the implementation date for regulations promulgated in accordance with this section; (ii) on-package disclosure options, in addition to those available under subparagraph (D), to be selected by the small food manufacturer, that consist of (I) a telephone number accompanied by appropriate language to indicate that the phone number provides access to additional information; (II) an Internet website maintained by the small food manufacturer in a manner consistent with subsection (d), as appropriate; (G) exclude (i) food served in a restaurant or similar retail food establishment; (ii) very small food manufacturers. (3) SAFETY. For the purpose of regulations promulgated food disclosures made pursuant to paragraph (2), a bioengineered food that has successfully completed the premarket Federal regulatory review process shall not be treated as safer than, or not as safe as, a non-bioengineered counterpart of the food solely because the food is bioengineered or produced or developed with the use of bioengineering. (c) STUDY OF ELECTRONIC OR DIGITAL LINK DISCLOSURE. (1) IN GENERAL. Not later than 1 year after the date of enactment of this subtitle, the Secretary shall conduct a study to identify potential technological challenges that may impact whether consumers would have methods. (2) PUBLIC COMMENTS. In conducting the study under paragraph (1), the Secretary shall solicit consider comments from the public. (3) FACTORS. The study conducted under paragraph (1) shall consider whether consumer methods under this subtitle would be affected by the following factors: (A) The availability of wireless Internet or cellular networks. (B) The availability of lline telephones in stores. (C) Challenges facing small retailers rural retailers. (D) The efforts that retailers other entities have taken to address potential technology infrastructure challenges. (E) The costs benefits of installing in retail stores electronic or digital link scanners or other evolving technology that provide bioengineering disclosure information. (4) ADDITIONAL DISCLOSURE OPTIONS. 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, after consultation with food retailers manufacturers, shall provide additional comparable options to access the bioengineering disclosure. (d) DISCLOSURE. In promulgating regulations under this section, the Secretary shall ensure that (1) on-package language accompanies (A) the electronic or digital link disclosure, indicating that the electronic or digital link will provide access to an Internet website or other ling page by stating only Scan here for more food information, or equivalent language that only reflects technological changes; or (B) any telephone number disclosure, indicating that the telephone number will provide access to additional information by stating only Call for more food information. ; (2) the electronic or digital link will provide located, in a consistent conspicuous manner, on the first product information page that appears for the product on a mobile device, Internet website, or other ling page, which shall exclude marketing promotional information; (3)(A) the electronic or digital link disclosure may not collect, analyze, or sell any personally identifiable information about consumers or the devices of consumers; but (B) if information described in subparagraph (A) must be collected to carry out the purposes of this subtitle, that information shall be deleted immediately not used for any other purpose; (4) the electronic or digital link disclosure also includes a telephone number that provides ; (5) the electronic or digital link disclosure is of sufficient size to be easily effectively scanned or read by a digital device. (e) STATE FOOD LABELING STANDARDS. Notwithsting section 295, no State or political subdivision of a State may directly or

CONGRESSIONAL RECORD SENATE indirectly establish under any authority or continue in effect as to any food in interstate commerce any requirement relating to the labeling or disclosure of whether a food is bioengineered or was developed or produced using bioengineering for a food that is the subject of the national bioengineered food disclosure stard under this section that is not identical to the matory disclosure requirement under that stard. (f) CONSISTENCY WITH CERTAIN LAWS. The Secretary shall consider establishing consistency between (1) the national bioengineered food disclosure stard established under this section; (2) the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) 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 matory disclosure requirement under this section shall maintain, 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 opportunity for a hearing on the results of any examination, audit, or similar activity. (C) AUDIT RESULTS. After the notice 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 Human Services or creates any rights or obligations for any person under the Federal Food, Drug, 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. Subtitle F Labeling of Certain Food SEC. 295. FEDERAL PREEMPTION. (a) DEFINITION OF FOOD. In this subtitle, the term food has the meaning given the term in section 201 of the Federal Food, Drug, Cosmetic Act (21 U.S.C. 321). (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 (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 or seed is or contains an ingredient that was developed or produced using genetic engineering. SEC. 296. EXCLUSION FROM FEDERAL PREEMP- TION. Nothing in this subtitle, subtitle E, or any regulation, rule, or requirement promulgated in accordance with this subtitle or subtitle E shall be construed to preempt any remedy created by a State or Federal statutory or common law right.. SEC. 2. ORGANICALLY PRODUCED FOOD. In the case of a food certified under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.), the certification shall be considered sufficient to make a claim regarding the absence of bioengineering in the food, such as not bioengineered, non- GMO, or another similar claim. This Act shall take effect 2 days after the date of enactment. SA 4938. Mr. MCCONNELL proposed an amendment to amendment SA 4937 proposed by Mr. MCCONNELL to the bill S. 764, to reauthorize amend the National Sea Grant College Program Act, for other purposes; as follows: At the end, add the following: This Act shall take effect 3 days after the date of enactment. SA 4939. Mr. MCCONNELL proposed an amendment to amendment SA 4938 proposed by Mr. MCCONNELL to the amendment SA 4937 proposed by Mr. MCCONNELL to the bill S. 764, to reauthorize amend the National Sea Grant College Program Act, for other purposes; as follows: Strike 3 days insert 4 days. SA 4940. Mrs. FISCHER (for herself, Mr. BOOKER, Mr. NELSON, Mr. THUNE, Mr. SULLIVAN, Ms. CANTWELL, Mr. WICKER, Mr. SCHATZ) proposed an amendment to the bill S. 2829, to amend enhance certain maritime programs of the Department of Transportation, for other purposes; as follows: Strike all after the enacting clause insert the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE. This Act may be cited as the Maritime Administration Authorization Enhancement Act for Fiscal Year 2017. (b) TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I MARITIME ADMINISTRATION AUTHORIZATION Sec. 101. Authorization of the Maritime Administration. Sec. 102. Maritime Administration authorization request. TITLE II PREVENTION OF SEXUAL HAR- ASSMENT AND ASSAULT AT THE UNITED STATES MERCHANT MARINE ACADEMY Sec. 201. Actions to address sexual harassment sexual assault at the United States Merchant Marine Academy. VerDate Sep 11 2014 07:40 Jun 30, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0655 E:\CR\FM\A29JN6.047 S29JNPT1 S4737 Sec. 202. Sexual assault response coordinators sexual assault victim advocates. Sec. 203. Report from the Department of Transportation Inspector General. Sec. 204. Sexual assault prevention response working group. TITLE III MARITIME ADMINISTRATION ENHANCEMENT Sec. 301. Status of National Defense Reserve Fleet vessels. Sec. 302. Port infrastructure development. Sec. 303. State maritime academy physical stards reporting. Sec. 304. Authority to extend certain age restrictions relating to vessels participating in the maritime security fleet. Sec. 305. Appointments. Sec. 306. High-speed craft classification services. Sec. 307. Maritime workforce working group. Sec. 308. Vessel disposal program. Sec. 309. Maritime extreme weather task force. TITLE IV IMPLEMENTATION OF WORK- FORCE MANAGEMENT IMPROVEMENTS Sec. 401. Workforce plans onboarding policies. Sec. 402. Drug alcohol policy. Sec. 403. Vessel transfers. TITLE V TECHNICAL AMENDMENTS Sec. 501. Clarifying amendment; continuation boards. Sec. 502. Prospective payment of funds necessary to provide medical care. Sec. 503. Technical corrections to title 46, United States Code. Sec. 504. Coast Guard use of the Pribilof Isls. TITLE VI POLAR ICEBREAKER FLEET RECAPITALIZATION TRANSPARENCY ACT Sec. 601. Short title. Sec. 602. Definitions. Sec. 603. Polar icebreaker recapitalization plan. Sec. 604. GAO report icebreaking capability in the United States. TITLE VII NATIONAL OCEANIC AND AT- MOSPHERIC ADMINISTRATION SEXUAL HARASSMENT AND ASSAULT PREVEN- TION ACT Subtitle A Sexual Harassment Assault Prevention at the National Oceanic Atmospheric Administration Sec. 711. Actions to address sexual harassment at National Oceanic Atmospheric Administration. Sec. 712. Actions to address sexual assault at National Oceanic Atmospheric Administration. Sec. 713. Rights of the victim of a sexual assault. Sec. 714. Change of station. Sec. 715. Applicability of policies to crews of vessels secured by National Oceanic Atmospheric Administration under contract. Sec. 716. Annual report on sexual assaults in the National Oceanic Atmospheric Administration. Sec. 717. Definition. Subtitle B Commissioned Officer Corps of the National Oceanic Atmospheric Administration Sec. 721. References to National Oceanic Atmospheric Administration Commissioned Officer Corps Act of 2002. PART I GENERAL PROVISIONS Sec. 722. Strength distribution in grade.