John Johnston

Mr. JOHNSTON

Mr. JOHNSTON. And as I understand it, in October there will be a proposed rule to be published by the FDA. Some say it is not on the President's schedule; some say it is on the President's schedule. Does the Senator from Utah know?

Mr. JOHNSTON. Now, I also understand that under the President's Executive order, this risk analysis which they are getting ready to perform and the cost-benefit analysis which they are getting ready to perform--first of all, has that been done, the risk assessment and cost-benefit analysis? Has it been done or is it a plan to do?

Mr. JOHNSTON. Will the Senator yield for a unanimous-consent request?

Mr. JOHNSTON. I understand that they are treating it as a major rule, that they are proceeding with a risk assessment and with a cost-benefit analysis as though it were a major rule.

Mr. JOHNSTON. They are, however, as I understand it, treating this as a major rule. Is that correct?

Mr. JOHNSTON

Mr. JOHNSTON. I had urged the majority leader today not to go forward with the motion. I am glad he has delayed it. Does this delay meet with the full approval of the minority leader?

Mr. JOHNSTON. Madam President, will the minority leader yield for a question?

Mr. JOHNSTON. Madam President, this is the amendment which removes from the bill the environmental cleanup, or so-called Superfund activities. I ask for the majority leader's attention on this matter because we talked about that this morning. I understand that the majority leader may be willing to withdraw the Superfund provisions from the bill. I also understand that Senators may prefer it be withdrawn by unanimous consent rather than have a vote on it. If that is possible, we would be delighted to have that done at this time. That would avoid the debate and the vote. unanimous-consent agreement

Mr. JOHNSTON. That is right, environmental management activities, the whole section, just withdraw that.

Mr. JOHNSTON. Madam President, I think the Senator's suggestion is a good one which I think we ought to move forward with in the conference committee. I will point out that there is nothing here that let us say they could not get done in a year. There is nothing in this language that says it is only a one-shot deal. They can put forth another major rule at the end of that year and start the 1-year process all over again. So the emergency is really protected by the fact that it says that you can. But in any event, I would be more comfortable with some kind of Presidential waiver. I think we could work on that between now and conference.

Mr. JOHNSTON

Mr. JOHNSTON. Mr. President, if the leader will yield, I have completed that process and given answers for those. But we will be happy to meet as well and talk about what the answers are.

Mr. JOHNSTON. Mr. President, I send an amendment to the desk and ask for its immediate consideration.

Mr. JOHNSTON. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. JOHNSTON. Madam President, how long did the majority leader wish to proceed?

Mr. JOHNSTON

Mr. JOHNSTON. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. JOHNSTON. But not in danger of being repealed. Those were the words of the Senator from California.

Mr. JOHNSTON. Does the Senator understand that under the Johnston amendment, the E. coli regulations will go forward; be promulgated without delay?

Mr. JOHNSTON. No. There are two bases on which this would be, that E. coli would go forward. First, that you had substantially complied with the risk assessment under section 633.

Mr. JOHNSTON. Or--understand ``or''--or that your notice of proposed rulemaking was put out before April 1, 1995. And this was put out before April 1, 1995. Therefore, it is exempt from the proposal. Are we together on that?

Mr. JOHNSTON. So we are in agreement.

Mr. JOHNSTON. Do we also understand that in order to petition to have a risk assessment on this, that during all of that time, that the rule stays in effect? Are we in agreement on that?

Mr. JOHNSTON. Mr. President, I tell my dear friend, that cannot be. It just cannot be.

Mr. JOHNSTON. Will the Senator yield at that point?

Mr. JOHNSTON. Mr. President, I send an amendment to the desk and ask for its immediate consideration.

Mr. JOHNSTON

Mr. JOHNSTON. Mr. President, will the Senator withhold that? It is a similar text but since it strikes in a different part of the bill, it will not be an identical text to that now pending.