All Information (Except Text) for S.764 - A bill to reauthorize and amend the National Sea Grant College Program Act, and for other purposes.114th Congress (2015-2016)

(This measure has not been amended since the Senate agreed to the House amendment with an amendment on July 7, 2016. The summary of that version is repeated here.)

This bill amends the Agricultural Marketing Act of 1946 to establish a national mandatory bioengineered food disclosure standard. (Bioengineered food is commonly referred to as a genetically modified organism or GMO food.)

(Sec. 1) Bioengineered food is food that that has been genetically modified in a way that could not be obtained through conventional breeding or found in nature.

The standard applies to any claim in a disclosure a food bears indicating that the food is bioengineered and to any food subject to the labeling requirements under the Federal Food, Drug, and Cosmetic Act (FFDCA).

It applies to foods subject to labeling requirements under the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act if: (1) the most predominant ingredient would independently be subject to the FFDCA labeling requirements; or (2) the most predominant ingredient is broth, stock, water, or a similar solution and the second-most predominant ingredient would independently be subject to the FFDCA labeling requirements.

Within two years of enactment of this bill, USDA must establish: (1) a national mandatory bioengineered food disclosure standard for any bioengineered food and any food that may be bioengineered, and (2) requirements and procedures to carry out the standard.

Regulations prescribing the labeling of bioengineered food must:

• prohibit a food derived from an animal from being considered bioengineered solely because the animal consumed feed produced from, containing, or consisting of a bioengineered substance;
• determine the amounts of a bioengineered substance that may be present for a food to be bioengineered;
• establish a process for requesting and granting a USDA determination regarding other factors and conditions under which a food is considered bioengineered;
• require the form of disclosure to be a text, symbol, or electronic or digital link (excluding Internet website Uniform Resource Locators not embedded in the link) with the disclosure option to be selected by the food manufacturer; and
• provide alternative reasonable disclosure options for food contained in small or very small packages.

For small food manufacturers, the regulations must provide: (1) an implementation date that is no earlier than one year after the implementation date of the regulations; and (2) additional on-package disclosure options to be selected by the manufacturer that consist of: a telephone number with language indicating that it provides access to additional information, and an Internet website maintained by the manufacturer.

The regulations must exclude: (1) food served in a restaurant or similar retail food establishment, and (2) very small food manufacturers.

A bioengineered food that has successfully completed the pre-market federal regulatory review process shall not be treated as safer than, or not as safe as, a non-bioengineered counterpart solely because the food is bioengineered or produced or developed with bioengineering.

USDA must: (1) conduct a study to identify potential technological challenges that may impact whether consumers would have access to the bioengineering disclosure through electronic or digital disclosure methods, and (2) provide additional disclosure options if it determines that consumers will not have sufficient access to disclosures through electronic or digital methods.

USDA must ensure that specified on-package language accompanies electronic or digital link disclosures and telephone number disclosures.

USDA must also ensure that an electronic or digital link disclosure:

• provides access to the disclosure located in a consistent and conspicuous manner on the first product information page that appears, excluding marketing and promotional information;
• may not collect, analyze, or sell personally identifiable information about consumers or their devices unless the information is necessary to carry out the bill and is deleted immediately after it is used;
• includes a telephone number that provides access to the disclosure; and
• is of sufficient size to be easily and effectively scanned or read by a digital device.

The bill prohibits states or political subdivisions of states from establishing or continuing requirements for labeling or disclosure of bioengineered or genetically engineered food that are not identical to the mandatory disclosure standard established by this bill.

This bill prohibits a person from knowingly failing to make a disclosure required by the standard. Each person subject to the mandatory disclosure requirement must maintain records necessary to establish compliance and provide the records to USDA upon request. USDA may conduct examinations and audits related to compliance, subject to requirements for notice, a public hearing, and the publication of the results. USDA may not recall any food on the basis of whether the food includes the disclosure.

A food may not include claims related to the absence of bioengineering solely based on whether or not a disclosure is required by the standard. A certification under the national organic program is sufficient to make a claim regarding the absence of bioengineering in a food.

This bill amends the Agricultural Marketing Act of 1946 to establish a national mandatory bioengineered food disclosure standard. (Bioengineered food is commonly referred to as a genetically modified organism or GMO food.)

(Sec. 1) Bioengineered food is food that that has been genetically modified in a way that could not be obtained through conventional breeding or found in nature.

The standard applies to any claim in a disclosure a food bears indicating that the food is bioengineered and to any food subject to the labeling requirements under the Federal Food, Drug, and Cosmetic Act (FFDCA).

It applies to foods subject to labeling requirements under the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act if: (1) the most predominant ingredient would independently be subject to the FFDCA labeling requirements; or (2) the most predominant ingredient is broth, stock, water, or a similar solution and the second-most predominant ingredient would independently be subject to the FFDCA labeling requirements.

Within two years of enactment of this bill, USDA must establish: (1) a national mandatory bioengineered food disclosure standard for any bioengineered food and any food that may be bioengineered, and (2) requirements and procedures to carry out the standard.

Regulations prescribing the labeling of bioengineered food must:

• prohibit a food derived from an animal from being considered bioengineered solely because the animal consumed feed produced from, containing, or consisting of a bioengineered substance;
• determine the amounts of a bioengineered substance that may be present for a food to be bioengineered;
• establish a process for requesting and granting a USDA determination regarding other factors and conditions under which a food is considered bioengineered;
• require the form of disclosure to be a text, symbol, or electronic or digital link (excluding Internet website Uniform Resource Locators not embedded in the link) with the disclosure option to be selected by the food manufacturer; and
• provide alternative reasonable disclosure options for food contained in small or very small packages.

For small food manufacturers, the regulations must provide: (1) an implementation date that is no earlier than one year after the implementation date of the regulations; and (2) additional on-package disclosure options to be selected by the manufacturer that consist of: a telephone number with language indicating that it provides access to additional information, and an Internet website maintained by the manufacturer.

The regulations must exclude: (1) food served in a restaurant or similar retail food establishment, and (2) very small food manufacturers.

A bioengineered food that has successfully completed the pre-market federal regulatory review process shall not be treated as safer than, or not as safe as, a non-bioengineered counterpart solely because the food is bioengineered or produced or developed with bioengineering.

USDA must: (1) conduct a study to identify potential technological challenges that may impact whether consumers would have access to the bioengineering disclosure through electronic or digital disclosure methods, and (2) provide additional disclosure options if it determines that consumers will not have sufficient access to disclosures through electronic or digital methods.

USDA must ensure that specified on-package language accompanies electronic or digital link disclosures and telephone number disclosures.

USDA must also ensure that an electronic or digital link disclosure:

• provides access to the disclosure located in a consistent and conspicuous manner on the first product information page that appears, excluding marketing and promotional information;
• may not collect, analyze, or sell personally identifiable information about consumers or their devices unless the information is necessary to carry out the bill and is deleted immediately after it is used;
• includes a telephone number that provides access to the disclosure; and
• is of sufficient size to be easily and effectively scanned or read by a digital device.

The bill prohibits states or political subdivisions of states from establishing or continuing requirements for labeling or disclosure of bioengineered or genetically engineered food that are not identical to the mandatory disclosure standard established by this bill.

This bill prohibits a person from knowingly failing to make a disclosure required by the standard. Each person subject to the mandatory disclosure requirement must maintain records necessary to establish compliance and provide the records to USDA upon request. USDA may conduct examinations and audits related to compliance, subject to requirements for notice, a public hearing, and the publication of the results. USDA may not recall any food on the basis of whether the food includes the disclosure.

A food may not include claims related to the absence of bioengineering solely based on whether or not a disclosure is required by the standard. A certification under the national organic program is sufficient to make a claim regarding the absence of bioengineering in a food.

Defund Planned Parenthood Act of 2015

(Sec. 3) This bill prohibits, for a one-year period, the availability of federal funds for any purpose to Planned Parenthood Federation of America, Inc., or any of its affiliates or clinics, unless they certify that the affiliates and clinics will not perform, and will not provide any funds to any other entity that performs, an abortion during such period.

The restriction will not apply in cases of rape or incest or where a physical condition endangers a woman's life unless an abortion is performed.

The Department of Health and Human Services and the Department of Agriculture must seek repayment of federal assistance received by Planned Parenthood Federation of America, Inc., or any affiliate or clinic, if it violates the terms of the certification required by this Act.

(Sec. 4) Additional funding for community health centers is provided for the one-year period described above.

(This measure has not been amended since it was reported to the Senate on July 23, 2015. The summary of that version is repeated here.)

National Sea Grant College Program Amendments Act of 2015

This bill amends the National Sea Grant College Program Act to reauthorize through FY2021 the National Sea Grant College Program.

(Sec. 3) The bill requires the National Oceanic and Atmospheric Administration (NOAA) to award Dean John A. Knauss Marine Policy Fellowships. Currently, NOAA has discretion in awarding such fellowships. These fellowships support the placement of graduate students in fields related to ocean, coastal, and Great Lakes resources in positions with the executive and legislative branches.

NOAA shall prioritize placement of marine policy fellows placed in the legislative branch in: (1) offices or committees of Congress that have jurisdiction over NOAA; and (2) offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. NOAA shall attempt to ensure that placements are equitably distributed among political parties.

(Sec. 4) NOAA must establish priorities for the use of donations given for the National Sea Grant Program. The National Sea Grant College Program must make recommendations for the optimal use of the donations.

(Sec. 5) The bill repeals a reporting requirement on the coordination of oceans and coastal research activities by NOAA and the National Science Foundation.

(Sec. 6) The bill reduces the frequency of reports required by the National Sea Grant Advisory Board on the National Sea Grant College Program by requiring reports every three years rather than every two years.

(Sec. 7) The bill specifies that the financial assistance provided by the National Sea Grant College Program includes assistance for research, education, extension, training, technology transfer, and public service.

(Sec. 8) Within two years of a fellow successfully completing the Dean John A. Knauss Marine Policy Fellowship, federal agencies may appoint a fellow who has earned a graduate or post-graduate degree in a field related to ocean, coastal and Great Lakes resources or policy from an accredited institution of higher education.

(Sec. 9) The bill authorizes through FY2020 grants for university research on: (1) the biology, prevention, and control of aquatic nonnative species; (2) oyster diseases, oyster restoration, and oyster-related human health risks; (3) the biology, prevention, and forecasting of harmful algal blooms; and (4) sustainable aquaculture techniques and technologies. The bill also authorizes through FY2020 grants for: (1) fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance existing core program funding; and (2) priority issues identified in the National Sea Grant Program's strategic plan.

National Sea Grant College Program Amendments Act of 2015

This bill amends the National Sea Grant College Program Act to reauthorize through FY2021 the National Sea Grant College Program.

(Sec. 3) The bill requires the National Oceanic and Atmospheric Administration (NOAA) to award Dean John A. Knauss Marine Policy Fellowships. Currently, NOAA has discretion in awarding such fellowships. These fellowships support the placement of graduate students in fields related to ocean, coastal, and Great Lakes resources in positions with the executive and legislative branches.

NOAA must prioritize placement of marine policy fellows placed in the legislative branch in: (1) offices or committees of Congress that have jurisdiction over NOAA; and (2) offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. NOAA must attempt to ensure that placements are equitably distributed among political parties.

(Sec. 4) NOAA must establish priorities for the use of donations given for the National Sea Grant Program. The National Sea Grant College Program must make recommendations for the optimal use of the donations.

(Sec. 5) The bill repeals a reporting requirement on the coordination of oceans and coastal research activities by NOAA and the National Science Foundation.

(Sec. 6) The bill reduces the frequency of reports required by the National Sea Grant Advisory Board on the National Sea Grant College Program by requiring reports every three years rather than every two years.

(Sec. 7) The bill specifies that the financial assistance provided by the National Sea Grant College Program includes assistance for research, education, extension, training, technology transfer, and public service.

(Sec. 8) Within two years of a fellow successfully completing the Dean John A. Knauss Marine Policy Fellowship, federal agencies may appoint a fellow who has earned a graduate or post-graduate degree in a field related to ocean, coastal and Great Lakes resources or policy from an accredited institution of higher education.

(Sec. 9) The bill authorizes through FY2020 grants for university research on: (1) the biology, prevention, and control of aquatic nonnative species; (2) oyster diseases, oyster restoration, and oyster-related human health risks; (3) the biology, prevention, and forecasting of harmful algal blooms; and (4) sustainable aquaculture techniques and technologies. The bill also authorizes through FY2020 grants for: (1) fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance existing core program funding; and (2) priority issues identified in the National Sea Grant Program's strategic plan.

National Sea Grant College Program Amendments Act of 2015

This bill amends the National Sea Grant College Program Act to reauthorize through FY2021 the National Sea Grant College Program.

The bill requires the National Oceanic and Atmospheric Administration (NOAA) to award Dean John A. Knauss Marine Policy Fellowships. Currently, NOAA has discretion in awarding such fellowships. These fellowships support the placement of graduate students in fields related to ocean, coastal, and Great Lakes resources in positions with the executive and legislative branches.

NOAA must prioritize placement of marine policy fellows placed in the legislative branch in: (1) offices or committees of Congress that have jurisdiction over NOAA; and (2) offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. NOAA must attempt to ensure that placements are equitably distributed among political parties.

NOAA must establish priorities for the use of donations given for the National Sea Grant College Program.

The bill authorizes through FY2020 grants for university research on: (1) the biology, prevention, and control of aquatic nonnative species; (2) oyster diseases, oyster restoration, and oyster-related human health risks; (3) the biology, prevention, and forecasting of harmful algal blooms; and (4) sustainable aquaculture techniques and technologies. The bill also authorizes through FY2020 grants for: (1) fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance existing core program funding, and (2) priority issues identified in the National Sea Grant College Program's strategic plan.