[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[House]
[Pages 3763-3766]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1515
               MEDICAL DEVICES TECHNICAL CORRECTIONS ACT

  Mr. GREENWOOD. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1881) to amend the Federal Food, Drug, and Cosmetic Act 
to make technical corrections relating to the amendments made by the 
Medical Device User Fee and Modernization Act of 2002, and for other 
purposes, as amended.
  The Clerk read as follows:

                                S. 1881

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Medical Devices Technical 
     Corrections Act''.

     SEC. 2. TECHNICAL CORRECTIONS REGARDING PUBLIC LAW 107-250.

       (a) Title I; Fees Relating to Medical Devices.--Part 3 of 
     subchapter C of chapter VII of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 379i et seq.), as added by section 
     102 of Public Law 107-250 (116 Stat. 1589), is amended--
       (1) in section 737--
       (A) in paragraph (4)(B), by striking ``and for which 
     clinical data are generally necessary to provide a reasonable 
     assurance of safety and effectiveness'' and inserting ``and 
     for which substantial clinical data are necessary to provide 
     a reasonable assurance of safety and effectiveness'';
       (B) in paragraph (4)(D), by striking ``manufacturing,'';
       (C) in paragraph (5)(J), by striking ``a premarket 
     application'' and all that follows and inserting ``a 
     premarket application or premarket report under section 515 
     or a premarket application under section 351 of the Public 
     Health Service Act.''; and
       (D) in paragraph (8), by striking ``The term `affiliate' 
     means a business entity that has a relationship with a second 
     business entity'' and inserting ``The term `affiliate' means 
     a business entity that has a relationship with a second 
     business entity (whether domestic or international)''; and
       (2) in section 738--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i) by striking 
     ``subsection (d),'' and inserting ``subsections (d) and 
     (e),'';
       (II) in clause (iv), by striking ``clause (i),'' and all 
     that follows and inserting ``clause (i).''; and
       (III) in clause (vii), by striking ``clause (i),'' and all 
     that follows and inserting ``clause (i), subject to any 
     adjustment under subsection (e)(2)(C)(ii).''; and

       (ii) in subparagraph (D), in each of clauses (i) and (ii), 
     by striking ``application'' and inserting ``application, 
     report,'';
       (B) in subsection (d)(2)(B), beginning in the second 
     sentence, by striking ``firms. which show'' and inserting 
     ``firms, which show'';
       (C) in subsection (e)--
       (i) in paragraph (1), by striking ``Where'' and inserting 
     ``For fiscal year 2004 and each subsequent fiscal year, 
     where''; and
       (ii) in paragraph (2)--

       (I) in subparagraph (B), beginning in the second sentence, 
     by striking ``firms. which show'' and inserting ``firms, 
     which show''; and
       (II) in subparagraph (C)(i), by striking ``Where'' and 
     inserting ``For fiscal year 2004 and each subsequent fiscal 
     year, where'';

       (D) in subsection (f), by striking ``for filing''; and
       (E) in subsection (h)(2)(B)--
       (i) in clause (ii), by redesignating subclauses (I) and 
     (II) as items (aa) and (bb), respectively;
       (ii) by redesignating clauses (i) and (ii) as subclauses 
     (I) and (II), respectively;
       (iii) by striking ``The Secretary'' and inserting the 
     following:
       ``(i) In general.--The Secretary''; and
       (iv) by adding at the end the following:
       ``(ii) More than 5 percent.--To the extent such costs are 
     more than 5 percent below the specified level in subparagraph 
     (A)(ii), fees may not be collected under this section for 
     that fiscal year.''.
       (b) Title II; Amendments Regarding Regulation of Medical 
     Devices.--
       (1) Inspections by accredited persons.--Section 704(g) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(g)), 
     as added by section 201 of Public Law 107-250 (116 Stat. 
     1602), is amended--
       (A) in paragraph (1), in the first sentence, by striking 
     ``conducting inspections'' and all that follows and inserting 
     ``conducting inspections of establishments that manufacture, 
     prepare, propagate, compound, or process class II or class 
     III devices, which inspections are required under section 
     510(h) or are inspections of such establishments required to 
     register under section 510(i).'';
       (B) in paragraph (5)(B), in the first sentence, by striking 
     ``or poses'' and all that follows through the period and 
     inserting ``poses a threat to public health, fails to act in 
     a manner that is consistent with the purposes of this 
     subsection, or where the Secretary determines that there is a 
     financial conflict of interest in the relationship between 
     the accredited person and the owner or operator of a device 
     establishment that the accredited person has inspected under 
     this subsection.'';
       (C) in paragraph (6)(A)--
       (i) in clause (i), by striking ``of the establishment 
     pursuant to subsection (h) or (i) of section 510'' and 
     inserting ``described in paragraph (1)'';
       (ii) in clause (ii)--

       (I) in the matter preceding subclause (I)--

       (aa) by striking ``each inspection'' and inserting 
     ``inspections''; and
       (bb) by inserting ``during a 2-year period'' after 
     ``person''; and

       (II) in subclause (I), by striking ``such a person'' and 
     inserting ``an accredited person'';

       (iii) in clause (iii)--

       (I) in the matter preceding subclause (I), by striking 
     ``and the following additional conditions are met:'' and 
     inserting ``and 1 or both of the following additional 
     conditions are met:'';
       (II) in subclause (I), by striking ``accredited'' and all 
     that follows through the period and inserting ``(accredited 
     under paragraph (2) and identified under clause (ii)(II)) as 
     a person authorized to conduct such inspections of device 
     establishments.''; and
       (III) in subclause (II), by inserting ``or by a person 
     accredited under paragraph (2)'' after ``by the Secretary'';

       (iv) in clause (iv)(I)--

       (I) in the first sentence--

       (aa) by striking ``the two immediately preceding 
     inspections of the establishment'' and inserting 
     ``inspections of the establishment during the previous 4 
     years''; and
       (bb) by inserting ``section'' after ``pursuant to'';

       (II) in the third sentence--

       (aa) by striking ``the petition states a commercial reason 
     for the waiver;''; and
       (bb) by inserting ``not'' after ``the Secretary has not 
     determined that the public health would''; and

       (III) in the fourth sentence, by striking ``granted until'' 
     and inserting ``granted or deemed to be granted until''; and

       (v) in clause (iv)(II)--

       (I) by inserting ``of a device establishment required to 
     register'' after ``to be conducted''; and
       (II) by inserting ``section'' after ``pursuant to'';

       (D) in paragraph (6)(B)(iii)--
       (i) in the first sentence, by striking ``, and data 
     otherwise describing whether the establishment has 
     consistently been in compliance with

[[Page 3764]]

     sections 501 and 502 and other'' and inserting ``and with 
     other''; and
       (ii) in the second sentence--

       (I) by striking ``inspections'' and inserting 
     ``inspectional findings''; and
       (II) by inserting ``relevant'' after ``together with all 
     other'';

       (E) in paragraph (6)(B)(iv)--
       (i) by inserting ``(I)'' after ``(iv)''; and
       (ii) by adding at the end the following:
       ``(II) If, during the two-year period following clearance 
     under subparagraph (A), the Secretary determines that the 
     device establishment is substantially not in compliance with 
     this Act, the Secretary may, after notice and a written 
     response, notify the establishment that the eligibility of 
     the establishment for the inspections by accredited persons 
     has been suspended.'';
       (F) in paragraph (6)(C)(ii), by striking ``in accordance 
     with section 510(h), or has not during such period been 
     inspected pursuant to section 510(i), as applicable'';
       (G) in paragraph (10)(B)(iii), by striking ``a reporting'' 
     and inserting ``a report''; and
       (H) in paragraph (12)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) the number of inspections conducted by accredited 
     persons pursuant to this subsection and the number of 
     inspections conducted by Federal employees pursuant to 
     section 510(h) and of device establishments required to 
     register under section 510(i);''; and
       (ii) in subparagraph (E), by striking ``obtained by the 
     Secretary'' and all that follows and inserting ``obtained by 
     the Secretary pursuant to inspections conducted by Federal 
     employees;''.
       (2) Other corrections.--
       (A) Prohibited acts.--Section 301(gg) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 331(gg)), as amended by 
     section 201(d) of Public Law 107-250 (116 Stat. 1609), is 
     amended to read as follows:
       ``(gg) The knowing failure to comply with paragraph (7)(E) 
     of section 704(g); the knowing inclusion by a person 
     accredited under paragraph (2) of such section of false 
     information in an inspection report under paragraph (7)(A) of 
     such section; or the knowing failure of such a person to 
     include material facts in such a report.''.
       (B) Electronic labeling.--Section 502(f) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 352(f)), as amended 
     by section 206 of Public Law 107-250 (116 Stat. 1613), is 
     amended, in the last sentence--
       (i) by inserting ``or by a health care professional and 
     required labeling for in vitro diagnostic devices intended 
     for use by health care professionals or in blood 
     establishments'' after ``in health care facilities'';
       (ii) by inserting a comma after ``means'';
       (iii) by striking ``requirements of law and, that'' and 
     inserting ``requirements of law, and that'';
       (iv) by striking ``the manufacturer affords health care 
     facilities the opportunity'' and inserting ``the manufacturer 
     affords such users the opportunity''; and
       (v) by striking ``the health care facility''.
       (c) Title III; Additional Amendments.--
       (1) Effective date.--Section 301(b) of Public Law 107-250 
     (116 Stat. 1616), is amended by striking ``18 months'' and 
     inserting ``36 months''.
       (2) Premarket notification.--Section 510(o) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 360(o)), as added by 
     section 302(b) of Public Law 107-250 (116 Stat. 1616), is 
     amended--
       (A) in paragraph (1)(B), by striking ``, adulterated'' and 
     inserting ``or adulterated''; and
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``, adulterated'' and 
     inserting ``or adulterated''; and
       (ii) in subparagraph (E), by striking ``semicritical'' and 
     inserting ``semi-critical''.
       (d) Miscellaneous Corrections.--
       (1) Certain amendments to section 515.--
       (A) In general.--
       (i) Technical correction.--Section 515(c) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 360e(c)), as amended 
     by sections 209 and 302(c)(2)(A) of Public Law 107-250 (116 
     Stat. 1613, 1618), is amended by redesignating paragraph (3) 
     (as added by section 209 of such Public Law) as paragraph 
     (4).
       (ii) Modular review.--Section 515(c)(4)(B) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 360e(c)(4)(B)) is 
     amended by striking ``unless an issue of safety'' and 
     inserting ``unless a significant issue of safety''.
       (B) Conforming amendment.--Section 210 of Public Law 107-
     250 (116 Stat. 1614) is amended by striking ``, as amended'' 
     and all that follows through ``by adding'' and inserting ``is 
     amended in paragraph (3), as redesignated by section 
     302(c)(2)(A) of this Act, by adding''.
       (2) Certain amendments to section 738.--
       (A) In general.--Section 738(a) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 379j(a)), as amended by 
     subsection (a), is amended--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``(a) Types of Fees.--Beginning on'' and 
     inserting the following:

       ``(a) Types of Fees.--
       ``(1) In general.--Beginning on''; and

       (II) by striking ``this section as follows:'' and inserting 
     ``this section.''; and

       (ii) by striking ``(1) Premarket application,'' and 
     inserting the following: ``(2) Premarket application,''.
       (B) Conforming amendments.--Section 738 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379j), as amended by 
     subparagraph (A), is amended--
       (i) in subsection (d)(1), in the last sentence, by striking 
     ``subsection (a)(1)(A)'' and inserting ``subsection 
     (a)(2)(A)'';
       (ii) in subsection (e)(1), by striking ``subsection 
     (a)(1)(A)(vii)'' and inserting ``subsection (a)(2)(A)(vii)'';
       (iii) in subsection (e)(2)(C)--

       (I) in each of clauses (i) and (ii), by striking 
     ``subsection (a)(1)(A)(vii)'' and inserting ``subsection 
     (a)(2)(A)(vii)''; and
       (II) in clause (ii), by striking ``subsection 
     (a)(1)(A)(i)'' and inserting ``subsection (a)(2)(A)(i)''; and

       (iv) in subsection (j), by striking ``subsection 
     (a)(1)(D),'' and inserting ``subsection (a)(2)(D),''.
       (C) Additional conforming amendment.--Section 102(b)(1) of 
     Public Law 107-250 (116 Stat. 1600) is amended, in the matter 
     preceding subparagraph (A), by striking ``section 
     738(a)(1)(A)(ii)'' and inserting ``section 
     738(a)(2)(A)(ii)''.
       (3) Public law 107-250.--Public Law 107-250 is amended--
       (A) in section 102(a) (116 Stat. 1589), by striking ``(21 
     U.S.C. 379F et seq.)'' and inserting ``(21 U.S.C. 379f et 
     seq.)'';
       (B) in section 102(b) (116 Stat. 1600)--
       (i) by striking paragraph (2);
       (ii) in paragraph (1), by redesignating subparagraphs (A) 
     and (B) as paragraphs (1) and (2), respectively; and
       (iii) by striking:
       ``(b) Fee Exemption for Certain Entities Submitting 
     Premarket Reports.--
       ``(1) In general.--A person submitting a premarket 
     report''and inserting:
       ``(b) Fee Exemption for Certain Entities Submitting 
     Premarket Reports.--A person submitting a premarket report''; 
     and
       (C) in section 212(b)(2) (116 Stat. 1614), by striking ``, 
     such as phase IV trials,''.

     SEC. 3. REPORT ON BARRIERS TO AVAILABILITY OF DEVICES 
                   INTENDED FOR CHILDREN.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Health and Human Services shall submit 
     to the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives a report on the barriers to the 
     availability of devices intended for the treatment or 
     diagnosis of diseases and conditions that affect children. 
     The report shall include any recommendations of the Secretary 
     of Health and Human Services for changes to existing 
     statutory authority, regulations, or agency policy or 
     practice to encourage the invention and development of such 
     devices.

  The SPEAKER pro tempore (Mr. Terry). Pursuant to the rule, the 
gentleman from Pennsylvania (Mr. Greenwood) and the gentleman from Ohio 
(Mr. Brown) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Greenwood).


                             General Leave

  Mr. GREENWOOD. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on S. 1881.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. GREENWOOD. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of S. 1881, the Medical Devices 
Technical Corrections Act. S. 1881 is the companion to H.R. 3493, a 
bill I introduced with the gentlewoman from California (Ms. Eshoo), 
which makes technical and clarifying amendments to the Medical Device 
User Fee and Modernization Act of 2002. That bill was signed into law 
by President Bush on October 26, 2002, and made sweeping changes to the 
laws that govern device approvals to establish new programs and 
streamline processes to accelerate the availability of medical devices 
to patients.
  H.R. 3493 passed the House on January 27 by a vote of 333 to zero and 
S. 1881 had passed by unanimous consent in the Senate on November 25, 
2003. S. 1881 amends the Medical Device User Fee and Modernization Act 
to ensure that it is being implemented properly.
  These two bills differ slightly, and the amended bill we are 
considering today is the conferenced version of this legislation. Staff 
have resolved the fairly minor differences between the Senate and House 
versions of the legislation, and this legislation should ultimately 
become law.
  Some of the changes are truly technical, while others clarify the 
intentions of Congress in the Medical Device User Fee Act. For example, 
this legislation ensures that the user fee reductions that apply to 
small businesses

[[Page 3765]]

apply for 2004 and years in the future. In addition, S. 1881, as 
amended, clarifies that as part of the third-party inspection program, 
companies must submit reports of inspectional findings consistent with 
current FDA practices. And S. 1881 clarifies which data need to be 
submitted for a firm to be eligible for third-party consideration.
  Medical devices are some of our health care system's most remarkable 
innovations. The provisions in this technical and clarifying amendments 
bill will allow the FDA to continue to reduce review times, increase 
the efficiency of its operations, and allow these wonderful 
technologies to be delivered to patients more quickly.
  I want to thank the gentleman from Texas (Chairman Barton), the 
gentleman from Florida (Mr. Bilirakis), and the ranking members, the 
gentleman from Michigan (Mr. Dingell) and the gentleman from Ohio (Mr. 
Brown), as well as the gentleman from California (Mr. Waxman) and each 
of their staff for this legislation. This has been another outstanding 
example of teamwork and bipartisanship on the Committee on Energy and 
Commerce. I urge Members to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I am pleased to support this legislation, which will 
help ensure that FDA's medical device user fee and third-party review 
programs operate as intended. The goal of those programs is to promote 
timely access to medical devices without compromising FDA's ability to 
evaluate properly the safety and effectiveness of those devices.
  Successful bipartisan negotiations produced the authorizing 
legislation for these programs, and it is the same with this follow-up 
measure. I commend the gentlewoman from California (Ms. Eshoo) and the 
gentleman from Pennsylvania (Mr. Greenwood) for their work on this 
successful committee effort.
  Unfortunately, the need for noncontroversial technical corrections is 
not the only obstacle preventing the medical device user program from 
fulfilling its potential. It is important for colleagues on both sides 
of the aisle to be aware that continuation of the user fee program, and 
it is this program that enables patients to receive cutting edge 
medical devices on a timely basis, the continuation of the user fee 
program hinges on the appropriations process.
  User fees do no incremental good if they supplant rather than 
supplement Federal spending. As in the successful prescription drug 
user fee program, the continuation of user fees depends on sufficient 
annual appropriations. Last year's appropriation for medical device 
reviews was insufficient to sustain the medical device user fee 
program. If this year's appropriation does not address this shortfall, 
the user fee program could very well fold.
  Hard work went into establishing that program. The existence of that 
program enables patients more timely access to medical devices at no 
additional cost to American taxpayers. We need to make sure the program 
does not fold.
  Mr. Speaker, as this House continues its rush to give more tax cuts 
to the most affluent people in the country, therefore making a choice 
to underfund too often health and education, it is important that we 
focus on this very important, essential program.
  Mr. BONILLA. Mr. Speaker, as the Chairman of the appropriations 
committee that funds the Food and Drug Administration, I feel that I 
must register my concerns.
  We have seen user fees for human drugs, animal drugs, and now medical 
devices. That is fine--companies are paying for a service, and they 
have been able to invest in FDA to gain efficiency.
  Mr concern arises over requirements in the user fee legislation for 
certain levels of appropriations for those programs--usually referred 
to as ``triggers''. Medical devices is the most extreme example. The 
authorizing legislation requires tremendous increases in appropriated 
funding.
  I would like to submit for the Record a letter that Chairman Young 
and I sent to Chairman Tauzin last October outlining these concerns.

                                                 October 21, 2003.
     Hon. W.J. (Billy) Tauzin,
     Chairman, Committee on Energy and Commerce, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Tauzin: We are writing to you as our partners 
     in maintaining the viability of the Food and Drug 
     Administration (FDA). We have a very collegial and positive 
     working relationship with your Committee in its role as 
     authorizers for FDA activities, and we appreciate your 
     diligence in providing critical oversight. However, we write 
     to you today with concerns we have as appropriators with the 
     responsibility for setting annual appropriations levels for 
     the FDA.
       We see a trend occurring within the authorizing legislation 
     for user fee programs. Prescription drug user fees were first 
     authorized in 1992. That legislation included a ``trigger'' 
     which required that appropriations for FDA as a whole and for 
     drug review, in particular, meet certain levels in each of 
     the years that the user fees were in effect. The two 
     reauthorizations of those user fees retained the 
     appropriations requirements; in fact, in the last 
     reauthorization in 2002, additional triggers were added. Also 
     in 2002, medical devices user fees were enacted. Again, 
     requirements for FDA appropriations were integral to the user 
     fee legislation. In the case of the medical device 
     legislation, the requirement for appropriated funding of the 
     medical device program included substantial and sustained 
     increases in budget authority. The authorization language 
     stipulates that if the cumulative appropriations trigger is 
     not met, the user fee program will cease at the end of fiscal 
     year 2005. This requirement was included without consultation 
     with the Committee on Appropriations.
       Most recently, the House and Senate have passed similar 
     legislation allowing for the collection of animal drug user 
     fees. Again, both the House and Senate versions of the bill 
     contain requirements for certain levels of FDA 
     appropriations. According to some published reports, your 
     Committee had received assurance from the leadership that 
     funding levels for animal drug reviews would be increased in 
     fiscal year 2004. Again, the Committee on Appropriations was 
     not consulted in these negotiations.
       In effect, these triggers in user fee legislation earmark 
     FDA funds for human drugs, medical devices, and animal drugs. 
     The Committee on Appropriations has always supported FDA as a 
     whole and has resisted efforts to add budget authority to one 
     program area at the expense of another. If we let user fee 
     triggers drive our decisions, the FDA programs to suffer 
     would be those not covered by fees--blood, vaccines, counter-
     terrorism activities, food safety, or bovine spongiform 
     encephalopathy (BSE) prevention. We firmly believe that a 
     strong FDA must balance the needs of all its mission areas to 
     best benefit public health. We have serious concerns about 
     the prevalence and scope of appropriations requirements 
     embedded in user fee authorizing legislation for FDA, and 
     about the lack of consultation with our Committee in 
     legislating such requirements.
       A larger problem is the fact that your Committee's 
     jurisdiction over the Agriculture Appropriations Bill is 
     limited to the FDA. It is our Committee's task to establish 
     fair allocations of resources among competing interests under 
     the jurisdiction of all authorizing committees. Legislating 
     triggers for individual programs serves to thwart our efforts 
     at fairness by favoring a limited number of programs at the 
     expense of others in our bill--including the Special 
     Supplemental Nutrition Program for Women, Infants, and 
     Children (WIC), agriculture research, and conservation 
     activities. These programs are critically important to many 
     members and their constituents.
       As always, we are available to discuss the issue with you, 
     and would be glad to do so. We share your dedication to 
     improve the effectiveness and viability of FDA's programs 
     that are crucial to our nation's well being.
           Sincerely,
     C.W. Bill Young,
       Chairman, Committee on Appropriations.
     Henry Bonilla,
       Chairman, Subcommittee on Agriculture, Rural Development, 
     FDA and Related Agencies.

  Mr. BROWN of Ohio. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. GREENWOOD. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Greenwood) that the House suspend the 
rules and pass the Senate bill, S. 1881, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.

[[Page 3766]]


  Mr. GREENWOOD. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________