[Congressional Record Volume 158, Number 76 (Thursday, May 24, 2012)]
[Daily Digest]
[Pages D518-D521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                             Thursday, May 24, 2012

[[Page D518]]

                              Daily Digest


HIGHLIGHTS

      Senate passed S. 3187, Food and Drug Administration Safety and 
      Innovation Act, as amended.


                                 Senate


Chamber Action
Routine Proceedings, pages S3535-S3661
Measures Introduced: Twenty bills and five resolutions were introduced, 
as follows: S. 3234-3253, S.J. Res. 41, and S. Res. 472-475. 
                                                         Pages S3630-31
Measures Reported:
  S. 2061, to provide for an exchange of land between the Department of 
Homeland Security and the South Carolina State Ports Authority, with 
amendments. (S. Rept. No. 112-171)
  S. 3241, making appropriations for the Department of State, foreign 
operations, and related programs for the fiscal year ending September 
30, 2013. (S. Rept. No. 112-172)
  S. 2370, to amend title 11, United States Code, to make bankruptcy 
organization more efficient for small business debtors.
  S. 3240, to reauthorize agricultural programs through 2017. 
                                                             Page S3630
Measures Passed:
  Food and Drug Administration Safety and Innovation Act: By 96 yeas to 
1 nay (Vote No. 111), Senate passed S. 3187, to amend the Federal Food, 
Drug, and Cosmetic Act to revise and extend the user-fee programs for 
prescription drugs and medical devices, to establish user-fee programs 
for generic drugs and biosimilars, after taking action on the following 
amendments proposed thereto:                          
  Pages S3536-S3609
Adopted:
  Harkin (for Leahy) Modified Amendment No. 2142, to modify and limit 
certain exemptions to the Freedom of Information Act.    
Pages S3545-47
  Harkin (for Portman/Whitehouse) Modified Amendment No. 2145, to 
facilitate the development of recommendations on interoperability 
standards to inform and facilitate the exchange of prescription 
information across State lines.                
Pages S3545-47, S3555-56
  Coburn/Burr Amendment No. 2131, to require an independent assessment 
of the Food and Drug Administration's review of drug applications. 
                                                  Pages S3536, S3557-59
  Harkin (for Portman/Schumer) Modified Amendment No. 2146, to amend 
the Controlled Substances Act to place synthetic drugs in Schedule I. 
                                        Pages S3545-47, S3548, S3555-56
Rejected:
  By 28 yeas to 67 nays (Vote No. 105), Bingaman Amendment No. 2111, to 
provide substantial savings in health care costs to the Federal 
government and consumers by fostering competition among generic 
pharmaceutical manufacturers and ensuring that anti-competitive ``pay-
for-delay'' settlements between brand-name and generic pharmaceutical 
manufacturers do not block generic drugs from entering the market. 
(Pursuant to the order of Wednesday May 23, 2012, the amendment having 
failed to achieve 60 affirmative votes, was not agreed to.) 
                                     Pages S3542-43, S3547-48, S3553-54
  By 46 yeas to 50 nays (Vote No. 106), Murkowski Amendment No. 2108, 
to prohibit approval by the Food and Drug Administration of genetically 
engineered fish unless the National Oceanic and Atmospheric 
Administration concurs with such approval. (Pursuant to the order of 
Wednesday May 23, 2012, the amendment having failed to achieve 60 
affirmative votes, was not agreed to.)            
Pages S3536, S3554-55
  Paul Amendment No. 2143, to amend the Federal Food, Drug, and 
Cosmetic Act concerning claims about the effects of foods and dietary 
supplements on health-related conditions and disease, to prohibit 
employees of the Food and Drug Administration from carrying firearms 
and making arrests without warrants, and to adjust the mens rea of 
certain prohibited acts under the Federal Food, Drug, and Cosmetic Act 
to knowing and willful. (By 78 yeas to 15 nays (Vote No. 107), Senate 
tabled the amendment.)                            
Pages S3536, S3561-62

[[Page D519]]


  By 43 yeas to 54 nays (Vote No. 108), McCain Amendment No. 2107, to 
allow the importation by individuals of safe and affordable drugs from 
Canada. (Pursuant to the order of Wednesday May 23, 2012, the amendment 
having failed to achieve 60 affirmative votes, was not agreed to.) 
      Pages S3536-38, S3540, S3541-42, S3543-44, S3557, S3559-61, S3562
  By 9 yeas to 88 nays (Vote No. 109), Sanders Amendment No. 2109, to 
revoke the exclusivity of certain entities that are responsible for 
violations of the Federal Food, Drug, and Cosmetic Act, the False 
Claims Act, and other certain laws. (Pursuant to the order of Wednesday 
May 23, 2012, the amendment having failed to achieve 60 affirmative 
votes, was not agreed to.)       
Pages S3536, S3540-41, S3543, S3562-63
  Durbin/Blumenthal Amendment No. 2127, to require manufacturers of 
dietary supplements to register dietary supplement products with the 
Food and Drug Administration. (By 77 yeas to 20 nays (Vote No. 110), 
Senate tabled the amendment.)           
Pages S3536, S3550-53, S3563-64
Withdrawn:
  Coburn/Burr Amendment No. 2132, to provide that a portion of the 
performance awards of each employee of the Center for Drug Evaluation 
and Research, the Center for Devices and Radiological Health, and the 
Center for Biologics Evaluation and Research be connected to an 
evaluation of the employee's contribution to goals under the user fee 
agreements.                                          
Pages S3536, S3547
  Burr/Coburn Amendment No. 2130, to ensure transparency in Food and 
Drug Administration user fee agreement negotiations. 
                                                     Pages S3536, S3563
  National Flood Insurance Program Extension Act: Senate passed H.R. 
5740, to extend the National Flood Insurance Program, after agreeing to 
the following amendment proposed thereto:                    
  Page S3611
  Reid (for Johnson (SD)) Amendment No. 2154, in the nature of a 
substitute.                                                  
Page S3611
  International Protecting Girls by Preventing Child Marriage Act: 
Senate passed S. 414, to protect girls in developing countries through 
the prevention of child marriage.                        
  Pages S3655-57
  Battery Recharging Stations: Senate passed S. 739, to authorize the 
Architect of the Capitol to establish battery recharging stations for 
privately owned vehicles in parking areas under the jurisdiction of the 
Senate at no net cost to the Federal Government, after agreeing to the 
following amendment proposed thereto:                    
  Pages S3657-58
  Reid (for Levin) Amendment No. 2155, to improve oversight over the 
program and ensure no subsidy is received by Senators and employees. 
                                                             Page S3657
  Cook County, Minnesota Airport: Committee on Agriculture, Nutrition, 
and Forestry was discharged from further consideration of H.R. 2947, to 
provide for the release of the reversionary interest held by the United 
States in certain land conveyed by the United States in 1950 for the 
establishment of an airport in Cook County, Minnesota, and the bill was 
then passed.                                                 
  Page S3658
  E-2 Nonimmigrant Visas: Committee on the Judiciary was discharged 
from further consideration of H.R. 3992, to allow otherwise eligible 
Israeli nationals to receive E-2 nonimmigrant visas if similarly 
situated United States nationals are eligible for similar nonimmigrant 
status in Israel, and the bill was then passed.              
  Page S3658
  National Post-Traumatic Stress Disorder Awareness Day: Committee on 
the Judiciary was discharged from further consideration of S. Res. 455, 
designating June 27, 2012, as ``National Post-Traumatic Stress Disorder 
Awareness Day'', and the resolution was then agreed to. 
                                                         Pages S3658-59
  Honoring Late Former Senator Abdnor: Senate agreed to S. Res. 475, 
relating to the death of the Honorable E. James Abdnor, former United 
States Senator and Congressman from the State of South Dakota. 
                                                             Page S3659
Measures Failed:
  Stop the Student Loan Interest Rate Hike Act: By 51 yeas to 43 nays, 
1 responding present (Vote No. 113), Senate rejected S. 2343, to amend 
the Higher Education Act of 1965 to extend the reduced interest rate 
for Federal Direct Stafford Loans, and pursuant to the unanimous-
consent agreement of Wednesday, May 23, 2012, requiring 60 votes for 
passage of the bill, and the bill was returned to the calendar, after 
taking action on the following amendment proposed thereto: 
                                               Pages S3609-11, S3611-12
Rejected:
  By 34 yeas to 62 nays, 1 responding present (Vote No. 112), McConnell 
(for Alexander) Amendment No. 2153, in the nature of a substitute. 
(Pursuant to the order of Wednesday May 23, 2012, the amendment having 
failed to achieve 60 affirmative votes, was not agreed to.) 
                                                         Pages S3609-11
Measures Considered:
  Paycheck Fairness: Senate began consideration of the motion to 
proceed to consideration of S. 3220, to amend the Fair Labor Standards 
Act of 1938 to provide more effective remedies to victims of 
discrimination in the payment of wages on the basis of sex. 
                                                         Pages S3612-15
   A motion was entered to close further debate on the motion to 
proceed to consideration of the bill, and, in accordance with the 
provisions of Rule XXII

[[Page D520]]

of the Standing Rules of the Senate, and pursuant to the unanimous-
consent agreement of Thursday, May 24, 2012, a vote on cloture will 
occur at 2:15 p.m., on Tuesday, June 5, 2012.                
Page S3612
Signing Authority--Agreement: A unanimous-consent agreement was reached 
providing that from Friday, May 25, 2012 through Monday, June 4, 2012, 
Senator Leahy be authorized to sign duly enrolled bills or joint 
resolutions.                                                 
  Page S3659
Authorizing Leadership To Make Appointments--Agreement: A unanimous-
consent agreement was reached providing that, notwithstanding the 
upcoming recess or adjournment of the Senate, the President of the 
Senate, the President Pro Tempore, and the Majority and Minority 
Leaders be authorized to make appointments to commissions, committees, 
boards, conferences, or interparliamentary conferences authorized by 
law, by concurrent action of the two Houses, or by order of the Senate.
                                                             Page S3659
Pro Forma Sessions--Agreement: A unanimous-consent agreement was 
reached providing that the Senate convene for pro forma sessions only 
with no business conducted on the following dates and times, and that 
following each pro forma session, Senate adjourn until the next pro 
forma session: Friday, May 25, 2012 at 2:30 p.m., Tuesday, May 29, 2012 
at 11 a.m., and Thursday, May 31, 2012 at 12 p.m.; and that the Senate 
adjourn on Thursday, May 31, 2012 until 2 p.m. on Monday, June 4, 2012.
                                                             Page S3659
Hillman Nomination--Agreement: A unanimous-consent-time agreement was 
reached providing that at 5 p.m., on Monday, June 4, 2012, Senate begin 
consideration of the nomination of Timothy S. Hillman, of 
Massachusetts, to be United States District Judge for the District of 
Massachusetts; that there be 30 minutes for debate equally divided in 
the usual form; that upon the use or yielding back of time, Senate 
vote, without intervening action or debate on confirmation of the 
nomination; and that no further motions be in order.         
  Page S3655
Nominations Confirmed: Senate confirmed the following nominations:
  Matthew Francis McCabe, of Pennsylvania, to be a Member of the Board 
of Directors of the Corporation for National and Community Service for 
a term expiring October 6, 2013.
  Anthony Frank D'Agostino, of Maryland, to be a Director of the 
Securities Investor Protection Corporation for a term expiring December 
31, 2011.
  Anthony Frank D'Agostino, of Maryland, to be a Director of the 
Securities Investor Protection Corporation for a term expiring December 
31, 2014.
  Gregory Karawan, of Virginia, to be a Director of the Securities 
Investor Protection Corporation for a term expiring December 31, 2013.
  Charles Thomas Massarone, of Kentucky, to be a Commissioner of the 
United States Parole Commission for a term of six years.
  Margaret Bartley, of Maryland, to be a Judge of the United States 
Court of Appeals for Veterans Claims for the term of fifteen years.
  Sara Margalit Aviel, of California, to be United States Alternate 
Executive Director of the International Bank for Reconstruction and 
Development for a term of two years.
  Drew R. McCoy, of Massachusetts, to be a Member of the Board of 
Trustees of the James Madison Memorial Fellowship Foundation for a term 
expiring January 27, 2016.
  Coral Wong Pietsch, of Hawaii, to be a Judge of the United States 
Court of Appeals for Veterans Claims for the term of fifteen years.
  Roy Wallace McLeese III, of the District of Columbia, to be an 
Associate Judge of the District of Columbia Court of Appeals for the 
term of fifteen years.
  Pauline R. Maier, of Massachusetts, to be a Member of the Board of 
Trustees of the James Madison Memorial Fellowship Foundation for a term 
expiring November 17, 2017.
  Michael A. Raynor, of Maryland, to be Ambassador to the Republic of 
Benin.
  Jessica Lynn Wright, of Pennsylvania, to be an Assistant Secretary of 
Defense.
  James N. Miller, Jr., of Virginia, to be Under Secretary of Defense 
for Policy.
  Frank Kendall III, of Virginia, to be Under Secretary of Defense for 
Acquisition, Technology, and Logistics.
  Erin C. Conaton, of the District of Columbia, to be Under Secretary 
of Defense for Personnel and Readiness.
  Adam E. Sieminski, of Pennsylvania, to be Administrator of the Energy 
Information Administration.
  Anthony T. Clark, of North Dakota, to be a Member of the Federal 
Energy Regulatory Commission for the term expiring June 30, 2016.
  Scott H. DeLisi, of Minnesota, to be Ambassador to the Republic of 
Uganda.
  John Robert Norris, of Iowa, to be a Member of the Federal Energy 
Regulatory Commission for the term expiring June 30, 2017.
  Joseph G. Jordan, of Massachusetts, to be Administrator for Federal 
Procurement Policy.
  Katharina G. McFarland, of Virginia, to be an Assistant Secretary of 
Defense.

[[Page D521]]


  Makila James, of the District of Columbia, to be Ambassador to the 
Kingdom of Swaziland.
  Derek H. Chollet, of Nebraska, to be an Assistant Secretary of 
Defense.
  Kathleen H. Hicks, of Virginia, to be a Principal Deputy Under 
Secretary of Defense.
  David J. Lane, of Florida, for the rank of Ambassador during his 
tenure of service as U.S. Representative to the United Nations Agencies 
for Food and Agriculture.
  (Prior to this action, Committee on Foreign Relations was discharged 
from further consideration.)
  6 Air Force nominations in the rank of general.
  28 Army nominations in the rank of general.
  10 Marine Corps nominations in the rank of general.
  8 Navy nominations in the rank of admiral.
  Routine lists in the Air Force, Army, Foreign Service, Marine Corps, 
and Navy.
  Routine lists in the Public Health Service. (Prior to this action, 
Committee on Health, Education, Labor, and Pensions was discharged from 
further consideration.)                        
Pages S3651-55, S3660-61
Nominations Received: Senate received the following nominations:
  Jonathan Lippman, of New York, to be a Member of the Board of 
Directors of the State Justice Institute for a term expiring September 
17, 2012.
  Jonathan Lippman, of New York, to be a Member of the Board of 
Directors of the State Justice Institute for a term expiring September 
17, 2015.
  Allison M. Macfarlane, of Maryland, to be a Member of the Nuclear 
Regulatory Commission for the remainder of the term expiring June 30, 
2013.
  Greta Christine Holtz, of Maryland, to be Ambassador to the Sultanate 
of Oman.
  Alexander Mark Laskaris, of Maryland, to be Ambassador to the 
Republic of Guinea.
  Marcie B. Ries, of the District of Columbia, to be Ambassador to the 
Republic of Bulgaria.
  Walter M. Shaub, Jr., of Virginia, to be Director of the Office of 
Government Ethics for a term of five years.
  1 Army nomination in the rank of general.                  
Page S3660
Measures Read the First Time:                                
  Page S3627
Executive Communications:                                
  Pages S3627-30
Executive Reports of Committees:                             
  Page S3630
Additional Cosponsors:                                   
  Pages S3631-33
Statements on Introduced Bills/Resolutions:              
  Pages S3633-40
Additional Statements:                                   
  Pages S3622-26
Amendments Submitted:                                    
  Pages S3640-41
Authorities for Committees to Meet:                          
  Page S3641
Text of H.R. 1905 as Previously Passed:                  
  Pages S3641-51
Text of S. 3187 as Previously Passed:                 
  Pages S3568-S3608
Record Votes: Nine record votes were taken today. (Total--113) 
  Pages S3554, S3555, S3562, S3563, S3563-64, S3568, S3610-11, S3611-12
Adjournment: Senate convened at 9:30 a.m. and adjourned, as a further 
mark of respect to the memory of the late James Abdnor of South Dakota, 
former Senator and Representative from South Dakota, in accordance with 
S. Res. 475, at 7:21 p.m., until 2:30 p.m. on Friday, May 25, 2012. 
(For Senate's program, see the remarks of the Acting Majority Leader in 
today's Record on page S3659.)