[Congressional Record Volume 150, Number 30 (Wednesday, March 10, 2004)]
[Daily Digest]
[Pages D211-D213]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page D211]]




                        House of Representatives


Chamber Action
Measures Introduced:  11 public bills, H.R. 3925-3935; and; 5 
resolutions, H. Con. Res. 380-381, and H. Res. 553, 555-556 were 
introduced.
  Page H1010
Additional Cosponsors:
  Page H1010
Reports Filed: Reports were filed today as follows:
  H. Res. 554, providing for consideration of H.R. 3717, to increase 
the penalties for violations by television and radio broadcasters of 
the prohibitions against transmission of obscene, indecent, and profane 
language (H. Rept. 108-436).
Page H1010
Speaker: Read a letter from the Speaker wherein he appointed 
Representative Rehberg to act as Speaker Pro Tempore for today. 
                                                              Page H929
Chaplain: The prayer was offered today by Rev. Dr. William J.P. Doubek 
III, National Chaplain, The American Legion in Washington DC. 
                                                              Page H929
Journal: The House agreed to the Speaker's approval of the Journal of 
Tuesday, March 9, by a yea-and-nay vote of 353 yeas to 41 nays with one 
voting ``present'', Roll No. 45.
  Page H931
Suspensions: The House agreed to suspend the rules and pass the 
following measures:
  Medical Devices Technical Corrections Act: Debated on March 9, S. 
1881, amended, to amend the Federal Food, Drug, and Cosmetic Act to 
make technical corrections relating to the amendments by the Medical 
Device User Fee and Modernization Act of 2002, by a 2/3 yea-and-nay 
vote of 396 yeas with none voting ``nay'', Roll No. 46;
  Pages H931-32
  Sense of Congress that ``Kids Love a Mystery'' is a program that 
works and should be encouraged: Debated on March 9, H. Con. Res. 373, 
expressing the sense of Congress that Kids Love a Mystery is a program 
that promotes literacy and should be encouraged, by a yea-and-nay vote 
of 388 yeas to 11 nays with one voting ``present'', Roll No. 47; 
                                                          Pages H932-33
  State Justice Institute Reauthorization Act: H.R. 2714, amended, to 
reauthorize the State Justice Institute; and
  Pages H942-44
  Cooperative Research and Technology Enhancement (CREATE) Act: H.R. 
2391, amended, to amend title 35, United States Code, to promote 
research among universities, the public sector, and private enterprise.
                                                          Pages H944-46
  Agreed to amend the title so as to read: to amend title 35, United 
States Code, to promote cooperative research involving universities, 
the public sector, and private enterprises.
Page H946
  Providing for an additional temporary extension of programs under the 
Small Business Act and Small Business Investment Act of 1958 through 
May 21, 2004: H.R. 3915, amended, to provide for an additional 
temporary extension of programs under the Small Business Act and the 
Small Business Investment Act of 1958 through May 21, 2004. 
                                                          Pages H990-91
  Agreed to amend the title so as to read: to provide for an additional 
temporary extension of programs under the Small Business Act and the 
Small Business Investment Act of 1958 through April 2, 2004. 
                                                              Page H991
Personal Responsibility in Food Consumption Act: The House passed H.R. 
339, to prevent frivolous lawsuits against the manufacturers, 
distributors, or sellers of food or non-alcoholic beverage products 
that comply with applicable statutory and regulatory requirements, by a 
yea-and-nay vote of 276 yeas to 139 nays, Roll No. 54. 
                                                 Pages H933-42, H946-82
  Agreed to amend the title so as to read: a bill to prevent 
legislative and regulatory functions from being usurped by civil 
liability actions brought or continued against food manufacturers, 
marketers, distributors, advertisers, sellers, and trade associations 
for claims of injury relating to a person's weight gain, obesity, or 
any health condition associated with weight gain or obesity. 
                                                              Page H981
  The amendment in the nature of a substitute recommended by the 
Committee on the Judiciary, now printed in the bill, was considered as 
an original bill for the purpose of amendment.
Page H981
Agreed to:
  Sensenbrenner amendment (no. 5 printed in the Congressional Record of 
March 9) that makes technical changes to the bill and strikes the 
section that permits civil liability lawsuits to be brought regarding 
the sale of adulterated food as defined by the Federal Food, Drug, and 
Cosmetic Act and clarifies that the definition of qualified civil 
liability action should not be construed to include an action brought 
under the Federal Trade Commission Act or the Federal Food, Drug, and 
Cosmetic Act.
Pages H954-55
Rejected:
  Inslee amendment (no. 3 printed in the Congressional Record of March 
9) that sought to permit civil actions against food manufacturers or 
sellers

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who negligently violate federal or state statutes regarding the 
manufacturing, marketing, distribution, advertisement, labeling, or 
sale of a food product;
Pages H961-64
  Scott of Virginia amendment (no. 6 printed in the Congressional 
Record of March 9) that sought to provide that the bill would not apply 
to an action brought by a State agency to enforce a State consumer 
protection law concerning mislabeling or other unfair and deceptive 
trade practices (rejected by a recorded vote of 177 ayes to 241 noes, 
Roll No. 48);
Pages H955-57, H968-69
  Watt amendment (no. 7 printed in the Congressional Record of March 9) 
that sought to apply the provisions of the bill only to cases brought 
in federal court (rejected by a recorded vote of 158 ayes to 261 noes, 
Roll No. 49);
Pages H957-59, H969
  Andrews amendment (no. 2 printed in the Congressional Record of March 
9) that sought to permit civil liability suits to be brought in cases 
related to a food that contains a genetically engineered material 
unless the labeling for such food bears a statement providing that the 
food contains such material and the labeling indicates which of the 
ingredients of the food are or contain such material (rejected by a 
recorded vote of 129 ayes to 285 noes, Roll No. 50); 
                                                 Pages H959-61, H969-70
  Ackerman amendment (no. 1 printed in the Congressional Record of 
March 9) that sought to change the definition in the bill of a 
``manufacturer'' and ``seller'' so that it does not include any 
slaughtering, packing, meat canning, rendering, or similar 
establishment that manufactures or distributes for human consumption 
any cattle, sheep, swine, goats, or horses, mules, or other equines, 
that, at the point of inspection, are unable to stand or walk 
unassisted at such establishment (rejected by a recorded vote of 141 
ayes to 276 noes, Roll No. 51);
Pages H964-68, H970-71
  Lampson amendment (no. 4 printed in the Congressional Record of March 
9) that sought to provide that the bill would not apply to an action 
brought by, or on behalf of, a child or person injured at or before the 
age of 8, against a seller that, as part of a chain of outlets at least 
20 of which do business under the same trade name, markets qualified 
products to minors at or under the age of 8;
Pages H971-72
  Jackson-Lee amendment (no. 9 printed in the Congressional Record of 
March 9) that sought to prohibit civil lawsuits by a food manufacturer 
or seller or trade association against an individual;
Pages H973-74
  Jackson-Lee amendment (no. 10 printed in the Congressional Record of 
March 9) that sought to provide that the bill would not apply to civil 
actions alleging that a product claiming to assist in weight loss 
caused heart disease, heart damage, primary pulmonary hypertension, 
neuropsychologocal damage, or any other complication which may also be 
generally associated with a person's weight gain or obesity (rejected 
by a recorded vote of 166 ayes to 250 noes, Roll No. 52); and 
                                                 Pages H974-76, H979-80
  Watt amendment (no. 8 printed in the Congressional Record of March 9) 
that sought to strike the section of the bill that dismisses all civil 
liability actions pending at the time of the bill's enactment (by a 
recorded vote of 164 ayes to 249 noes, Roll No. 53).
Pages H976-81
  H. Res. 552, the rule providing for consideration of the bill was 
agreed to by a voice vote.
Pages H933-42
Committee Election: The House agreed to H. Res. 553, electing 
Representatives Tiberi and Harris to the Committee on Government 
Reform.
  Page H982
Suspensions--Proceedings Postponed: The House completed debate on the 
following measures to suspend the rules. Further proceedings were 
postponed until Thursday, March 11.
  Commending India on its celebration of Republic Day: H. Con. Res. 15, 
commending India on its celebration of Republic Day; and 
                                                          Pages H982-85
  Expressing the condolences of the House for the untimely death of 
Macedonian President Boris Trajkovski: H. Res. 540, expressing the 
condolences and deepest sympathies of the House of Representatives for 
the untimely death of Macedonian President Boris Trajkovski. 
                                                          Pages H985-90
National Prison Rape Reduction Commission: The Speaker announced his 
appointment of Pat Nolan of Leesburg, VA to the National Prison Rape 
Reduction Commission.
  Page H991
Recess: The House recessed at 6:46 p.m. and reconvened at 7:43 p.m.
Discharge Petition: Representative Turner moved to discharge the 
Committee on Rules from the consideration of H. Res. 523, providing for 
consideration of H.R. 594, to amend title II of the Social Security Act 
to repeal the government pension offset and windfall elimination 
provisions (Discharge Petition No. 6).
Quorum Calls--Votes: Four yea-and-nay votes and six recorded votes 
developed during the proceedings today and appear on pages H931, H931-
32, H932-33, H968-69, H969, H970, H970-71, H979-80, H980-81, and H981. 
There were no quorum calls.
Adjournment: The House met at 10:00 a.m. and adjourned at 10:32 p.m.

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