[Congressional Record (Bound Edition), Volume 158 (2012), Part 7]
[Senate]
[Pages 9678-9679]
[From the U.S. Government Publishing Office, www.gpo.gov]




         FOOD AND DRUG ADMINISTRATION SAFETY AND INNOVATION ACT

  Mr. REID. Mr. President, I ask the Chair to lay before the Senate a 
message from the House with respect to S. 3187.
  The PRESIDING OFFICER. The Chair lays before the Senate a message 
from the House, which the clerk will report.
  The assistant legislative clerk read as follows:

       Resolved, That the bill from the Senate (S. 3187) entitled 
     ``An Act 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, and for other purposes.,'' do 
     pass with an amendment.

  Mr. REID. Mr. President, I now move to concur in the House amendment 
to S. 3187, and ask for the yeas and nays on my motion.
  The PRESIDING OFFICER. Is there a sufficient second?

[[Page 9679]]

  There appears to be a sufficient second.
  The yeas and nays were ordered.


                             Cloture Motion

  Mr. REID. I have a cloture motion at the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the Reid motion to 
     concur in the House amendment to S. 3187, the FDA Safety and 
     Innovation Act.
         Harry Reid, Tom Harkin, Sheldon Whitehouse, Kent Conrad, 
           Jack Reed, Christopher A. Coons, Mark Begich, John F. 
           Kerry, Charles E. Schumer, Barbara A. Mikulski, 
           Benjamin L. Cardin, Robert Menendez, Joseph I. 
           Lieberman, Mary L. Landrieu, Richard Blumenthal, Patty 
           Murray, Tom Carper.


                           Amendment No. 2461

  Mr. REID. I move to concur in the House amendment to S. 3187 with an 
amendment.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] moves to concur in the 
     House amendment to S. 3187 with an amendment numbered 2461.

  The amendment is as follows:

       At the end, add the following new section:

     SEC. __.

       This Act shall become effective 5 days after enactment.

  Mr. REID. I now ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second?
  The yeas and nays were ordered.


                Amendment No. 2462 to Amendment No. 2461

  Mr. REID. I now have a second-degree amendment at the desk I wish to 
be reported.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 2462 to amendment No. 2461.

  The amendment is as follows:

       In the amendment, strike ``5 days'' and insert ``4 days''.


                Motion to Refer With Amendment No. 2463

  Mr. REID. I have a motion to refer the House message to the Health, 
Education, Labor, and Pensions Committee with instructions to report 
back forthwith, with an amendment.
  The PRESIDING OFFICER. The clerk will report the motion.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] moves to refer the House 
     message to the Senate Committee on Health, Education, Labor, 
     and Pensions with instructions to report back forthwith with 
     an amendment numbered 2463.

  The amendment is as follows:

       At the end, add the following new section:

     SEC. __.

       This Act shall become effective 3 days after enactment.

  Mr. REID. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                           Amendment No. 2464

  Mr. REID. I have an amendment to my instructions that is also at the 
desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 2464 to the instructions of the motion to refer.

  The amendment is as follows:

       In the amendment, strike ``3 days'' and insert ``2 days''.

  Mr. REID. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                Amendment No. 2465 to Amendment No. 2464

  Mr. REID. I have a second-degree amendment to my instructions that 
are at the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes an amendment 
     numbered 2465 to amendment No. 2464.

  The amendment is as follows:

       In the amendment, strike ``2 days'' and insert ``1 day''.

  Mr. REID. Mr. President, I now ask unanimous consent that the 
mandatory quorum under rule XXII be waived with respect to the cloture 
motion that has just been filed.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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