[Congressional Record Volume 151, Number 133 (Wednesday, October 19, 2005)]
[Daily Digest]
[Pages D1057-D1058]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page D1057]]




                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 13 public bills, H.R. 4077-
4089; and 3 resolutions, H. Res. 501-503 were introduced. 
                                                         Pages H8985-86
Additional Cosponsors:                                       
  Page H8986
Reports Filed: There were no reports filed today.
Speaker: Read a letter from the Speaker wherein he appointed 
Representative Miller of Michigan to act as Speaker pro tempore for 
today.                                                       
  Page H8921
Chaplain: The prayer was offered today by Rev. Joseph L. Logrip, 
Pastor, Immaculate Conception Church, Levittown, Pennsylvania. 
                                                             Page H8921
Personal Responsibility in Food Consumption Act of 2005: The House 
passed H.R. 554, 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, by a yea-and-nay vote of 306 yeas to 120 nays, Roll No. 533. 
                                                         Pages H8925-40
  Pursuant to the rule, the amendment in the nature of a substitute 
recommended by the Committee on the Judiciary now printed in the bill 
shall be considered as an original bill for the purpose of amendment. 
                                                             Page H8930
Agreed to:
  Sensenbrenner Manager's amendment (No. 1 printed in H. Rept. 109-249) 
which makes technical changes to the section of the bill that sets out 
the types of information a plaintiff must provide to a judge to allow 
the court to determine whether the lawsuit should proceed or be 
dismissed. It clarifies that the pleading provision in H.R. 554 is 
meant to apply to all cases seeking obesity-related damages. The 
amendment adds the phrase ``for each defendant and cause of action'' to 
clarify that a judge must apply H.R. 554's pleading requirements to 
each specific claim. This prevents a plaintiff from improperly using a 
claim that is not barred by H.R. 554 as a means of pursuing obesity-
related claims that are barred by H.R. 554 against the same or other 
defendants.                                                  
Page H8931
Rejected:
  Jackson-Lee of Texas amendment (No. 2 printed in H. Rept. 109-249) 
which sought to prohibit the food industry from initiating lawsuits 
against any person for damages or other relief due to injury or 
potential injury based on a person's consumption of a qualified food 
product and weight gain, obesity, or any health condition that is 
associated with a person's weight gain or obesity (by a recorded vote 
of 67 ayes to 357 noes, Roll No. 529);            
Pages H8931-33, H8937
  Filner amendment (No. 3 printed in H. Rept. 109-249) which sought to 
exempt those who are age eight and under from the provisions of this 
Act as it relates to large chain outlets (by a recorded vote of 129 
ayes to 298 noes, Roll No. 530);               
Pages H8933-34, H8937-38
  Scott of Virginia amendment (No. 4 printed in H. Rept. 109-249) which 
sought to exempt State law enforcement actions from the impact of the 
legislation to ensure that Attorneys General and State agencies can 
enforce State consumer protection laws concerning mislabeling or other 
unfair and deceptive trade practices (by a recorded vote of 192 ayes to 
234 noes, Roll No. 531); and                   
Pages H8934-35, H8938-39
  Waxman amendment (No. 5 printed in H. Rept. 109-249) which sought to 
exempt lawsuits involving a dietary supplement relating to a person's 
weight gain, obesity or any health condition associated with weight 
gain or obesity (by a recorded vote of 177 ayes to 247 noes, Roll No. 
532).                                                
Pages H8935, H8939
  The amendment in the nature of a substitute, as amended, was adopted.
                                                             Page H8939
  H. Res. 494, the rule providing for consideration of the bill was 
agreed to on Tuesday, October 18th.
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2006--Motion to go to Conference: 
The House disagreed to the Senate amendment and agreed to a conference 
on H.R. 2744, to make appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2006.                   
  Pages H8940-46
  Further proceedings on the DeLauro motion to instruct conferees on 
H.R. 2744, were postponed until tomorrow, Thursday, October 20th. 
                                                             Page H8946
Suspensions: The House agreed to suspend the rules and pass the 
following measure:
  Providing for the concurrence by the House with amendments in the 
amendment of the Senate to H.R. 3971: H. Res. 501, to provide for the 
concurrence by the House with amendments in the amendment of the Senate 
to H.R. 3971.                                            
  Pages H8946-50
Recess: The House recessed at 2:23 p.m. and reconvened at 4:15 p.m. 
                                                             Page H8950

[[Page D1058]]

Presidential Message: Read a message from the President concerning a 
notice of the Continuation of the National Emergency with Respect to 
Significant Narcotics Traffickers Centered in Colombia--referred to the 
Committee on International Relations and ordered printed (H. Doc. 109-
61).                                                         
  Page H8951
Senate Messages: Messages received from the Senate today appear on 
pages H8933 and H8979.
Senate Referrals: S. 1886 was referred to Committee on International 
Relations.                                                   
  Page H8983
Quorum Calls--Votes: One yea-and-nay vote and four recorded votes 
developed during the proceedings of today and appear on pages H8937, 
H8937-38, H8938-39, H8939 and H8940. There were no quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 9:05 p.m.