[Congressional Record (Bound Edition), Volume 159 (2013), Part 11]
[House]
[Pages 15339-15348]
[From the U.S. Government Publishing Office, www.gpo.gov]




FOOD AND DRUG ADMINISTRATION CONTINUING APPROPRIATIONS RESOLUTION, 2014

  Mr. ADERHOLT. Mr. Speaker, pursuant to House Resolution 371, I call 
up the joint resolution (H.J. Res. 77) making continuing appropriations 
for the Food and Drug Administration for fiscal year 2014, and for 
other purposes, and ask for its immediate consideration.
  The Clerk read the title of the joint resolution.
  The SPEAKER pro tempore. Pursuant to House Resolution 371, the joint 
resolution is considered read.

                              H.J. Res. 77

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That the 
     following sums are hereby appropriated, out of any money in 
     the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the Food and Drug Administration for fiscal year 2014, 
     and for other purposes, namely:
       Sec. 101. (a) Such amounts as may be necessary, at a rate 
     for operations as provided in the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2013 (division A of Public Law 
     113-6) and under the authority and conditions provided in 
     such Act, for continuing projects or activities (including 
     the costs of direct loans and loan guarantees) that are not 
     otherwise specifically provided for in this joint resolution, 
     that were conducted in fiscal year 2013, and for which 
     appropriations, funds, or other authority were made available 
     by such Act under the heading ``Department of Health and 
     Human Services--Food and Drug Administration''.
       (b) The rate for operations provided by subsection (a) for 
     each account shall be calculated to reflect the full amount 
     of any reduction required in fiscal year 2013 pursuant to--
       (1) any provision of division G of the Consolidated and 
     Further Continuing Appropriations Act, 2013 (Public Law 113-
     6), including section 3004; and
       (2) the Presidential sequestration order dated March 1, 
     2013, except as attributable to budget authority made 
     available by the Disaster Relief Appropriations Act, 2013 
     (Public Law 113-2).
       Sec. 102.  Appropriations made by section 101 shall be 
     available to the extent and in the manner that would be 
     provided by the pertinent appropriations Act.
       Sec. 103.  Unless otherwise provided for in this joint 
     resolution or in the applicable appropriations Act for fiscal 
     year 2014, appropriations and funds made available and 
     authority granted pursuant to this joint resolution shall be 
     available until whichever of the following first occurs: (1) 
     the enactment into law of an appropriation for any project or 
     activity provided for in this joint resolution; (2) the 
     enactment into law of the applicable appropriations Act for 
     fiscal year 2014 without any provision for such project or 
     activity; or (3) December 15, 2013.

[[Page 15340]]

       Sec. 104.  Expenditures made pursuant to this joint 
     resolution shall be charged to the applicable appropriation, 
     fund, or authorization whenever a bill in which such 
     applicable appropriation, fund, or authorization is contained 
     is enacted into law.
       Sec. 105.  This joint resolution shall be implemented so 
     that only the most limited funding action of that permitted 
     in the joint resolution shall be taken in order to provide 
     for continuation of projects and activities.
       Sec. 106.  Amounts made available under section 101 for 
     civilian personnel compensation and benefits in each 
     department and agency may be apportioned up to the rate for 
     operations necessary to avoid furloughs within such 
     department or agency, consistent with the applicable 
     appropriations Act for fiscal year 2013, except that such 
     authority provided under this section shall not be used until 
     after the department or agency has taken all necessary 
     actions to reduce or defer non-personnel-related 
     administrative expenses.
       Sec. 107.  It is the sense of the Congress that this joint 
     resolution may also be referred to as the ``Food and Drug 
     Safety Act''.
        This joint resolution may be cited as the ``Food and Drug 
     Administration Continuing Appropriations Resolution, 2014''.

  The SPEAKER pro tempore. The joint resolution shall be debatable for 
40 minutes, equally divided and controlled by the chair and ranking 
minority member of the Committee on Appropriations.
  The gentleman from Alabama (Mr. Aderholt) and the gentleman from 
California (Mr. Farr) each will control 20 minutes.
  The Chair recognizes the gentleman from Alabama.


                             General Leave

  Mr. ADERHOLT. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.J. Res. 77, and that I may include 
tabular material on the same.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alabama?
  There was no objection.
  Mr. ADERHOLT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of House Joint Resolution 77, which 
would continue the funding for the Food and Drug Administration. I 
think everyone here in the House agrees that funding for the FDA is 
necessary to this critical operation in order to support our Nation's 
public health and the millions of jobs associated with FDA activities. 
Most Members of this body may not realize it, but FDA-regulated 
industries account for almost 25 percent of the consumer spending in 
the United States of America.
  Fiscal year 2013 ag appropriation included total funding of $4.2 
billion; $2.5 billion came from discretionary funds and $1.7 billion 
from user fees. Of greatest importance is the need to ensure that our 
constituents continue to consume safe foods and use safe and effective 
drugs and medical devices. Despite reduced funding levels overall for 
FY 2013, we were able to provide a strategic increase of $12.5 million 
for food safety activities and $10 million for food and drug safety 
inspections in China. These funding increases will continue under a CR.
  In addition to the funds appropriated for the FDA, this resolution 
that we are debating this afternoon would allow FDA to collect and 
spend drug and medical product user fees. Of course, the fees are 
charged to the industry to support such lifesaving activities for the 
review and approval of new and generic drugs as well as medical 
devices.
  This House has already passed a resolution to fund the public health 
activities at the NIH, and it awaits the Senate's approval. Also, USDA 
meat and poultry inspectors were deemed critical to our Nation's food 
supply and have stayed on duty during this temporary delay in funding. 
It is now time for this body to continue funding one more critical 
component of our public health infrastructure.
  The Food and Drug Administration touches every Member of this House, 
either directly or indirectly, and we need the entire Agency back at 
work. We need to also limit any damage to the millions of jobs impacted 
by FDA's work in the food and bioscience industries.
  Now is the chance for my colleagues here in the House to join me in 
keeping this important program fully operational. I would ask that my 
colleagues support this resolution that we're debating this afternoon. 
It will ensure that all critical elements of our Nation's food and drug 
supply will be protected.
  I reserve the balance of my time.
  Mr. FARR. Mr. Speaker, I yield myself such time as I may consume.
  My colleague and chair, Mr. Aderholt, just said that this bill is 
necessary because funding for the FDA is necessary. He's absolutely 
right, but this bill doesn't do all that. You cannot just fund one 
component of government and not have the rest of government. FDA is the 
Food and Drug Administration. It relies heavily on the Centers for 
Disease Control. You do nothing to fund the Centers for Disease 
Control. So as just one critical component of the Federal Government, 
it isn't the Federal Government, and that's what has been shut down, 
and so I adamantly oppose this legislation.
  We have been here a number of days now with the government shut down 
because people are trying to use the appropriations process, which is, 
as every schoolchild knows, the process where the President asks and 
then the Congress disposes, and we use the Appropriations Committee to 
dispose; that is, we make the decisions on how much is going to be 
spent by each agency.
  The President came to Congress asking for $1.2 trillion in 
expenditures. The Republicans rejected that in their budget and came up 
with a much less budgeted number of $967 billion. This bill on the 
floor, the big bill, has the Democrats agreeing to $986 billion. That's 
a $200 billion reduction. That's just amazing. I don't think this has 
ever been done before where that big of a cut has been made to the 
Federal Government, and yet we can't pass it.
  The Senate has passed it because, as everyone knows, it's a bicameral 
process, and whatever the President signs has to be passed by both 
Houses. The Senate has passed over here a clean bill, as we say, which 
means without all kinds of conditionality. That would go to the 
President if this House had voted for it. It could go forward tonight. 
This whole thing--this charade of shutting down government--could be 
over tonight. All we would have to do is pass what the Senate sent 
over.
  But no, here we go again. Now we're going to take it in piecemeal 
fashion. Tonight, we bring up the FDA; it's a wonderful organization. I 
want to point out to my colleagues on the other side of the aisle that, 
since I've been here, in 20 years, we've passed 111 CRs--enacted. In 
fact, under President Bush, we passed 56. And I'm sure every one of the 
Republicans passed those; 56, without conditionality. Democrats didn't 
try to bring down the House. And even under President Obama, so far, 
we've passed 19 CRs. So why can't we do that now? Why can't we do what 
we've been doing, this House has been doing for decades, passing a CR 
to keep government open?
  It's certainly not the responsible thing for our committee, and we're 
very proud of our committee, but a CR is giving up because we haven't 
passed the appropriation bills that are really the mechanics of how we 
ought to be spending money. In fact, my distinguished colleague, Mr. 
Aderholt, has, 94 times, voted for a CR. So I cannot support this 
piecemeal specialty of the day, just voting for one segment of the 
Federal Government and ignoring all the rest.
  I reserve the balance of my time.
  Mr. ADERHOLT. I yield 4 minutes to the gentleman from Kentucky (Mr. 
Rogers), the chairman of the full Appropriations Committee.
  Mr. ROGERS of Kentucky. Mr. Speaker, this bill makes sure that, even 
during this shutdown, the Food and Drug Administration's critical 
safeguards remain in place to protect our food and drug supply. The 
health of our people should not be jeopardized. This legislation 
provides funding for the FDA at the current post-sequestration annual 
rate of $2.3 billion. This will provide funding to maintain protections 
for food, drugs, and medical devices, and allow the FDA to collect and 
spend user fees.
  The length of this authority will last until December 15 or until we 
enact

[[Page 15341]]

year-long appropriations that address the funding of the Federal 
Government in full.
  As with each of the other individual bills we have considered this 
week, the language in H.J. Res. 77 is nearly identical to what was 
included in my clean continuing resolution filed back in September. 
This bill moves us a step closer to the finish line, but we've got to 
remember that we can get there much faster if we find a way to fund the 
entire Federal Government. This will require cooperation and 
conversation from both the Senate and the House.
  This will be the ninth bill the House has sent to the Senate to 
reopen the Federal Government. The ninth bill, Mr. Speaker. The House 
has voted to provide nearly one-third of the funding to reopen the 
government; but, unfortunately, the Senate won't even consider these 
bills, and so the government is still shut down. Our colleagues in the 
Senate say they want a clean CR, but when we've sent them these bills--
pieces of a clean CR with clean funding mechanisms, nonetheless--they 
won't even bring them up for a vote.
  This is not my first choice of how to fund the Federal Government. My 
preference would be to have passed full-year appropriations bills for 
all the government before September 30. The House made great strides 
toward that goal with our committee approving nearly all of our annual 
bills and with the full House passing four of them, yet the Senate 
would not even pass a single bill off the floor of the Senate. But I 
still hope and believe that we can find a path forward. It will require 
both parties, both bodies, to find ways we can work together to end 
this shutdown.
  As we work toward that end, we can pass this bill to ensure that 
nearly all of the Federal Government's food safety activities are 
funded during the shutdown. I urge support of the bill.
  Mr. FARR. Mr. Speaker, I yield 2 minutes to the gentlewoman from New 
York (Mrs. Lowey), the distinguished ranking member on the 
Appropriations Committee.
  Mrs. LOWEY. Mr. Speaker, I rise in opposition to the reckless 
Republican shutdown. I wish my colleagues had shown this same level of 
concern for the Food and Drug Administration over the last 3 years. 
Since Democrats passed the landmark Food Safety and Modernization Act, 
Republicans have done nothing but stand in the way of its 
implementation by underfunding the critical needs in the FDA bill.
  This bill is nothing more than a Republican ploy, and the claim that 
Democrats are not negotiating is absolutely false. House Republicans 
wrote a bill and sent it to the Senate. The Senate adopted the most 
important part of it, the funding level, and the President agreed to 
sign it even though the Democrats want greater investment to support 
economic growth. The only thing Democrats say ``no'' to are 
irresponsible efforts to put health care decisions back in the hands of 
insurance companies, which has nothing to do with keeping the 
government open. That is democracy. That is negotiation. We have done 
more than meet in the middle, but the Republicans now say ``no'' to 
their own bill. We could end the shutdown today if the majority would 
only support a reasonable solution to allow a vote on the Republican-
written, Senate-passed bill.
  Vote ``no,'' and demand a House vote to immediately end the reckless 
Republican shutdown.

                              {time}  1800

  Mr. ADERHOLT. Mr. Speaker, I yield 1 minute to the gentleman from 
Michigan (Mr. Upton), who chairs the full committee of Energy and 
Commerce.
  Mr. UPTON. Mr. Speaker, I rise tonight in strong support of the Food 
and Drug Safety Act.
  As we try to work out our fiscal differences, it is imperative that 
the Food and Drug Administration does have the resources that it needs 
to ensure the safety and quality of our Nation's food and drug supplies 
and medical devices. This bill will help ensure that the FDA can focus 
on that very important mission.
  Over the past week, the House has acted to reopen major parts of 
other government. The legislation before us is yet another piece of 
that important effort to continue critical programs for the American 
people.
  From food inspections to approvals of breakthrough new drugs and 
devices, Members on both sides of the aisle indeed understand and 
appreciate the important role of the FDA. This essential work should 
continue as we wait at the negotiating table for the President to join 
in a conversation to resolve our differences.
  I urge my colleagues to support this bill to ensure that the FDA has 
the resources to get the job done. Let's stand together in support of 
food safety and drug approvals.
  Mr. FARR. Mr. Speaker, I yield 2 minutes to the gentleman from 
Michigan, Congressman Levin, the ranking member of the Ways and Means 
Committee.
  Mr. LEVIN. Mr. Speaker, we should not be debating a bill that's going 
nowhere. We should be debating a bill that will end this shutdown.
  Yesterday, the Speaker said this: There are not enough votes in the 
House to pass a clean bill to fund the government and end the shutdown. 
The truth of the matter is, if the bill will come up, it will pass.
  On Saturday, 195 Democrats wrote to the Speaker and said, Bring up 
the bill. Informed reports say there are 22 Republicans who will also 
vote ``yes.'' That is a majority of the House.
  I say to the Speaker: Let all of us speak.
  The President today said this:

       The truth of the matter is there are enough Republican and 
     Democratic votes in the House of Representatives right now to 
     end this shutdown immediately, with no partisan strings 
     attached. The House should hold that vote today. If 
     Republicans and Speaker Boehner are saying there are not 
     enough votes, then they should prove it. Let the bill go to 
     the floor, and let's see what happens. Just vote.

  Then he continued:

       There's no reason that there has to be a shutdown in order 
     for the kind of negotiations Speaker Boehner says he wants to 
     proceed. Hold a vote. Call a vote right now, and let's see 
     what happens.

  We say to the Speaker: Let democracy prevail. Bring the Senate bill 
up for a vote now.
  Mr. ADERHOLT. Mr. Speaker, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Pitts), the chairman of the Health Subcommittee of 
the Energy and Commerce Committee.
  Mr. PITTS. Mr. Speaker, I rise in strong support of the Food and Drug 
Safety Act.
  Since the Senate will not negotiate with us about opening up the 
entire government, we will continue proposing commonsense bills to 
reopen critical functions as soon as possible.
  This bill funds the FDA and ensures that it performs important 
duties, including inspections of food, medical devices, and 
pharmaceutical facilities. It makes sure that reviews of lifesaving new 
devices and drugs continue and that the government doesn't stand in the 
way of innovation.
  We have the most dynamic and productive medical research firms in the 
world. American companies and universities are paving the way to 
incredible new cures. In fact, three American scientists were just 
honored with this year's Nobel Prize in medicine for their research 
into how our cells function. Americans can continue leading the world 
in this field, but we have to make sure that the FDA conducts reviews 
promptly.
  Let's get the FDA back open and performing their important work. 
Patients, young and old, are counting on it.
  Mr. FARR. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Connecticut (Ms. DeLauro), the former ranking member of the Agriculture 
Committee and now the ranking member of Labor, Health and Human 
Services, Education, and Related Agencies.
  Ms. DeLAURO. Mr. Speaker, we are almost a full week into this self-
inflicted government shutdown because the Speaker refuses to stand up 
to a vocal minority in his own party. There is no end in sight. 
Instead, we sit here watching the Republican majority talk out of both 
sides of their mouths and

[[Page 15342]]

pretend to hold positions they have been voting against from the first 
day that they took power.
  This bill is today's daily exercise in cynicism. I served as 
chairwoman of the Agriculture Appropriations Subcommittee, the body 
that oversees funding for the Food and Drug Administration. We worked 
hard to increase the resources at FDA so that more food could be 
inspected, more outbreaks prevented.
  We also passed the Food Safety Modernization Act in 2010 to improve 
FDA's ability to respond quickly and efficiently in a proactive, 
science-based fashion to contaminated food outbreaks.
  Since taking office in 2011, this Republican majority has tried to 
undercut and hamstring the FDA at every step. In 2011, the first bill 
this majority passed included a $241 million cut to the FDA. In 2012, 
they tried to slash salaries by 21 percent, hampering the agency's 
ability to implement the Food Safety Modernization Act. In 2013, they 
tried to cut FDA by another $16 million. They rejected an amendment 
that I offered to increase funding by $50 million for monitoring 
foodborne pathogens and implementing the new food safety law.
  For years, we've been trying to get the Republican majority to be 
serious about the FDA and food safety funding. Food illnesses account 
for 48 million illnesses, 128,000 hospitalizations, and 3,000 deaths 
each year, and particularly affect children, pregnant women, and older 
adults.
  Meanwhile, over 80 percent of the seafood and 30 percent of the fruit 
and nuts consumed in the United States are produced elsewhere, yet less 
than 1 percent of imported food is inspected by the FDA.
  The Republican majority has refused to fund these food safety 
initiatives. Now they are bringing up this disingenuous bill for 
political show. The health of American families is not a game. These 
are people's lives.
  Over 13 Federal agencies have important food safety responsibilities. 
The Centers for Disease Control identifies food safety pathogens in 
sources, and they are not funded in this bill. The Department of 
Justice prosecutes food contaminators, but they are not funded in this 
bill. The National Oceanic and Atmospheric Administration carries out 
seafood inspections for the FDA, but they are not funded in this bill. 
USDA is responsible for a whole host of critical safety measures, but 
they are not funded in this bill.
  Now, if you think there should be only one food safety agency, that's 
something that we can talk about.
  This bill does not protect our families from contaminated food. It 
doesn't adequately fund the FDA. It's another in a series of purely 
political bills put forward by the Republican majority.
  Mr. ADERHOLT. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Indiana (Mrs. Brooks), who sits on the Homeland Security Committee.
  Mrs. BROOKS of Indiana. Mr. Speaker, I rise today in support of the 
Food and Drug Safety Act.
  Right now, moms and dads across this country have too many worries. 
They worry about whether or not they'll have enough money to pay their 
rent, their mortgage, and even fill up their gas tanks. They worry 
about whether or not their hours are going to be cut at work next 
month. Why should we add to their worry the list of the safety of the 
food that they're feeding their children at dinner tonight?
  One of my constituents from Fishers, Indiana, Elizabeth Armstrong, 
has experienced firsthand a child becoming ill due to contaminated 
food. Several years ago, Elizabeth's young daughter fell very ill after 
eating spinach contaminated with E. coli. This brave little girl 
luckily survived, but she now lives with kidney disease.
  Isn't food safety a core function of our government? Is it 
responsible to stop routine inspections of food processors and place 
our constituents at risk of developing foodborne illness.
  Mr. Speaker, our parents are worried, but this is one worry they 
should not have. FDA needs to keep food inspectors on the job. I urge 
passage of this resolution.
  Mr. FARR. Mr Speaker, how much time do both sides have remaining?
  The SPEAKER pro tempore. The gentleman from California has 9 minutes 
remaining, and the gentleman from Alabama has 11 minutes remaining.
  Mr. FARR. Mr. Speaker, I reserve the balance of my time.
  Mr. ADERHOLT. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Michigan (Mrs. Miller), who currently chairs the House Administration 
Committee.
  Mrs. MILLER of Michigan. I thank the gentleman for yielding the time.
  Mr. Speaker, I rise today in very strong support of the Food and Drug 
Safety Act. The bill we are debating this afternoon would provide 
immediate funding for the Food and Drug Administration, which is, of 
course, the agency in charge of the safety and stability of our 
Nation's food supply and our medicine supply as well.
  Mr. Speaker, the American people deserve an answer to a couple of 
simple questions. First of all, will Congress actually take action now 
to secure and to inspect our Nation's food supply? Secondly, will 
Congress take action now to secure our Nation's medicine supply?
  I know that many on the other side of the aisle will once again 
oppose this legislation because they say they need to have an entire 
government funding bill or else nothing will be funded. Yet, they call 
Republicans ``absolutists.'' However, many on the other side of the 
aisle will recognize these legitimate concerns and will help us pass 
this important funding. It's time for the Senate to act on this and the 
other important funding bills that have passed with broad bipartisan 
majorities.
  Mr. Speaker, the Senate majority leader and the President cannot 
continue to say that they will not negotiate on ending this government 
shutdown. They must stop holding so many important issues hostage to 
their absolutist demands. I say let's go to a conference committee now, 
let's negotiate in a bipartisan way, and let's stop this government 
shutdown.
  Mr. FARR. Mr. Speaker, I yield 2 minutes to the distinguished 
Congresswoman from Texas, Sheila Jackson Lee, the ranking member on the 
Border and Maritime Security Subcommittee.
  Ms. JACKSON LEE. I thank the distinguished gentleman from California, 
and I thank him for his leadership.
  Mr. Speaker, what baffles me is that our Republican friends are 
seemingly acting like there's business as usual, that we are quietly on 
the floor of the House, just passing a food safety initiative.
  Our House is on fire, and there's nobody here to put the fire out. 
We're in the middle of a government shutdown. Of course I'm committed 
to the principles of this legislation, as my colleagues, as the ranking 
member, as the ranking member of the full committee, as Ms. DeLauro and 
Mr. Waxman are. We are all committed to this.
  May I remind my friends that 45 percent of the FDA employees, they 
are on furlough. Just today, four people in Texas were arrested because 
of FDA criminal investigators. They were trying to sell stem cell 
packages to sick people, devastated people, that were fraudulent and 
diseased and inappropriate to terminally ill people. It was the FDA 
criminal investigators that were able to make this case and the U.S. 
Attorney in my district said ``thank you.'' But right now there are 
U.S. Attorneys across the Nation getting ready to lay off their 
attorneys.
  The House is on fire, and my friends don't seem to understand.

                              {time}  1815

  Let me just share with you that there are usually 80 inspections on 
food facilities a day. They're not going on right now. Up to October 
17, there will be some 960 facilities not inspected, and the only 
reason is that we will not come to the floor, put the clean CR on the 
floor, and have 195 plus 21 people vote in the majority to open the 
doors of this government.
  But more importantly, have you heard the stories of families whose 
husbands or wives are laid off, struggling to make ends meet, calling 
on relatives to be able to help them? You've heard

[[Page 15343]]

of the young woman who came to my attention who had to be carried away 
to a shelter because she was suffering domestic abuse because of the 
financial crisis; or maybe you haven't heard that 70 percent of 
Americans and 51 percent of Republicans are saying, We don't like what 
you're doing, Republicans. We want this government to open.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. FARR. I yield the gentlewoman from Texas an additional 15 
seconds.
  Ms. JACKSON LEE. Or maybe you haven't heard from the Democratic 
Governor of Kentucky, Governor Beshear, who says that right now 7,000 
are already enrolled in the Affordable Care Act. He is saying that he 
has a report that says that if this Affordable Care Act works, he'll 
have 17,000 more jobs, $15 billion in the economy.
  Let's stop this foolishness with ObamaCare. It's working. Let's get 
back to work and pass a clean CR. Too many people are hurting. Enough 
is enough. We need to do what is right for America.
  Mr. Speaker, I rise today to speak on H.J. Res. 77, a piece-meal 
``mini-CR,'' which woefully underfunds the Food and Drug 
Administration, FDA.
  Mr. Speaker, this bill would be unnecessary if only the House 
majority would allow a vote on the clean Continuing Resolution, passed 
by the Senate. The House would easily pass the measure and the 
President will sign it, as he reaffirmed today.
  H.J. Res. 77 is the latest attempt by the House Republicans to 
extricate themselves from the mess they created by shutting down the 
government. But they should have learned by now that it would not work. 
It is inefficient, unfair, and costly. The shutdown needlessly disrupts 
the lives of Americans who provide benefits and services and those who 
depend upon them. These reckless mini-CRs will have the effect, 
intended or not, of sowing division when unity is needed. It is not 
surprising, therefore, that responsible leaders of organizations that 
would benefit from these mini-CRs are united in opposing this piece-
meal approach to appropriating.
  Veterans groups opposed the `Republican mini-CR for veterans' 
affairs. Similarly, leading research and consumer protection 
organizations oppose the FDA mini-CR before us.
  For example, the Center for Science in the Public Interest, CSPI, 
opposes H.J. Res. 77. Although the organization is a health advocacy 
nonprofit that promotes food safety, the CSPI does not support the 
piecemeal approach by government that would make funding the FDA a 
partisan issue because ``the irresponsible shutting down of government 
and particularly public health agencies like FDA and Center for Disease 
Control places families at risk from food borne diseases. But opening 
FDA alone would not solve the problem. Food safety is a joint 
governmental effort involving 13 different agencies often working 
collaboratively?''
  The FDA is an essential federal agency with the life-saving mission 
of protecting all Americans from unsafe drugs, devices, biologics, and 
food.
  For example in Texas, three men were arrested and a fourth is being 
sought by the FBI in connection with what investigators say was a $1.5-
million Texas-based scheme to illegally market and sell stem cell 
treatments to patients with terminal diseases. ``Protecting the public 
from unproven and potentially dangerous drug and medical procedures is 
very important,'' said Kenneth Magidson, U.S. attorney for the Houston-
based southern district of Texas. ``This office will continue to 
prosecute violations involving threats to the public health.''
  ``This indictment demonstrates the commitment of the FDA to protect 
the American public from the harms inherent in being exposed to 
unapproved new drugs,'' said Patrick J. Holland, special agent in 
charge of the FDA Office of Criminal Investigations, according to the 
statement. Due to the shutdown, the FDA is now unable to continue to 
aggressively pursue perpetrators of such acts and ensure that they are 
punished to the full extent of the law.
  It is important that the FDA is funded as it plays a vital role in 
protecting consumers from contaminated and misbranded food.
  But it is even more important that the entire government be reopened 
to serve all the needs of the American people.
  Due to the shutdown, the FDA will have to cease most of its food-
safety operations. That includes ``routine establishment inspections, 
some compliance and enforcement activities, monitoring of imports, 
notification programs (e.g., food contact substances, infant formula), 
and the majority of the laboratory research necessary to inform public 
health decision-making.''
  The U.S. Department of Agriculture's Food Safety Inspection Service 
will continue manning every meat facility with full-time inspectors, 
even as many government programs are halted. But the FDA also oversees 
the safety of the vast majority of the country's food industry. 
According to a memo released by the Department of Health and Human 
Services, the bulk of FDA food inspectors have been deemed non-
essential, so few, if any, food facilities will be inspected until the 
shutdown is over.
  This past December, the FDA shut down a nut processor in New Mexico 
after records showed that the facility was shipping products infected 
with salmonella. This sort of monitoring and enforcement could become 
much harder because of the shutdown.
  In fiscal 2011, the FDA coordinated or conducted inspections of about 
20,000 food facilities for compliance with safety regulations. The 
number of past inspections suggests FDA officials normally inspect 
about 80 facilities per business day. So, for every day the government 
doesn't work, approximately 80 food facilities will go without federal 
inspections. If the shutdown lasts until October 17, 960 facilities may 
go without U.S. inspections.
  A spokesman from the FDA contacted The Huffington Post on Wednesday 
to note that a portion of these inspections would be conducted by the 
agency's partners in state agriculture and public health departments. 
But he couldn't say how big a portion, or whether the FDA would 
continue, during the shutdown, to pay state agencies their normal fee 
for inspections conducted on the FDA's behalf.
  To get a sense of what this means, we must understand that the FDA 
sends letters to food facilities that failed inspections. They reveal 
gnarly conditions at major food manufacturing facilities, including 
cooking implements covered in mold and stored in brown, soiled water at 
a Detroit donut faculty; high levels of illegal drug residues in veal 
were found from a farm in upstate New York; and flies infesting a 
tortilla factory in Hagerstown, Maryland.
  The warning letters give the facilities in question a chance to 
correct sanitation mistakes before they cause serious outbreaks of food 
borne illness. If the commands in a warning letter are not obeyed, the 
FDA has the authority to punish, or even shutdown, the facility in 
question.
  These warning letters are sent to just a small fraction of all 
facilities that are inspected, and not all of these facilities have 
infractions that lead directly to illness. That means, it is impossible 
to say whether cancelled food safety inspections will directly lead to 
food consumers getting sick. However, fewer inspections can have a 
direct correlation to more contamination in the marketplace.
  For these reasons, we must end the government shutdown as soon as 
possible, or, barring that, to fund food safety programs with a 
separate bill.
  The following leading research and consumer groups have urged 
Congress to end the shutdown completely since they cannot support a 
legislative approach that shuts down some essential public health 
agencies while temporarily funding others: American Medical Student 
Association, Breast Cancer Action, Community Access National Network, 
Connecticut Center for Patient Safety, Jacobs Institute of Women's 
Health, National Consumers League, National Research Center for Women & 
Families, National Women's Health Network, Our Bodies Ourselves, The 
TMJ Association, WomenHeart: The National Coalition for Women with 
Heart Disease, WoodyMatters.
  It is not responsible to fund the FDA at the same time that the 
Center for Disease Control and Prevention is unable to fully function 
to examine the cause of epidemics caused by unsafe food or defective 
medical products.
  Mr. Speaker, if Congress fails to pass a ``clean'' continuing 
resolution before month's end, FDA inspections will continue to 
decrease across the nation and the likelihood of consumers becoming ill 
will increase.
  This would be unconscionable.
  Normally I would be pleased to be here today to talk about the 
funding for this program, but this is different. What the majority is 
doing is playing games with safety of the food supply and the lives of 
real people--the lives of our families, our friends, and our 
constituents.
  For these reasons, we should be working to pass H.J. Res. 59 as 
amended by the Senate. That is the best way to keep faith with all 
persons who serve the American people as employees of the federal 
government, and the people who depend upon the FDA program.


[[Page 15344]]


                                                  October 4, 2013.
     Hon. John Boehner,
     Speaker, House of Representatives,
     Washington, DC.
     Hon. Nancy Pelosi,
     Democratic Leader, House of Representatives,
     Washington, DC.
       Speaker Boehner and Leader Pelosi: We are writing as public 
     health, patient, consumer, and scientific nonprofit 
     organizations to oppose H.J. Res 77 and any other efforts to 
     single out the Food and Drug Administration for funding. Our 
     organizations represent millions of patients, consumers, 
     health professionals, and scientists who strongly support the 
     work of the FDA and urge Congress to provide the level of 
     appropriations the agency needs throughout FY 2014.
       We appreciate the recognition that the FDA is an essential 
     federal agency with the life-saving mission of protecting all 
     Americans from unsafe drugs, devices, biologics, and food. We 
     are very concerned that the current shutdown is curtailing 
     the agency's work, which will inevitably delay the approval 
     of new medical products and the inspection of medical 
     products and food. The shutdown also harms scientists and 
     other employees who have dedicated their careers to public 
     service, and will make it even more difficult for the agency 
     to attract the scientific expertise it needs now and in the 
     future. And, the shutdown will also have a devastating impact 
     on some of the companies that rely on FDA reviews to get 
     their new products to market, and their workers.
       Nevertheless, we cannot support a legislative approach that 
     shuts down some essential public health agencies while 
     temporarily funding others. For example, it is not 
     responsible to fund the FDA at the same time that the Centers 
     for Disease Control and Prevention is unable to fully 
     function to examine the cause of epidemics caused by unsafe 
     food or defective medical products.
       We strongly urge Congress to do its job: immediately open 
     up all federal agencies and then quickly work together to get 
     the FY 2014 appropriations bills enacted into law, based on 
     the funding levels needed to do their jobs well. These 
     appropriations bills should not include a sequester or 
     arbitrary across the board cuts, but rather should give 
     agencies the authority to cut ineffective programs and 
     adequately fund those that are essential.
       American Medical Student Association; Breast Cancer Action; 
     Community Access National Network; Connecticut Center for 
     Patient Safety; Jacobs Institute of Women's Health; National 
     Consumers League; National Research Center for Women & 
     Families; National Women's Health Network; Our Bodies 
     Ourselves; The TMJ Association; WomenHeart: The National 
     Coalition for Women with Heart Disease; WoodyMatters.

  Mr. ADERHOLT. Mr. Speaker, at this time, I yield 2 minutes to the 
gentleman from Texas (Mr. Burgess), one of our physicians here in the 
House.
  Mr. BURGESS. I thank the gentleman for yielding.
  Mr. Speaker, the Food and Drug Administration historically has been 
one of the bipartisan efforts that this House has enjoyed. In fact, a 
little over a year ago, the Food and Drug User Fee Reauthorization Act 
passed both the House and the Senate, went to a conference committee, 
was signed by the President of the United States on July 9, 2012, in 
the middle of an election year when partisanship was at its fever 
pitch, and yet this House came together and passed that reauthorization 
bill.
  You've heard the chairman of the full Appropriations Committee say 
that he hoped this bill would pass today to allow the Food and Drug 
Administration to utilize those user fees that have been remitted by 
the companies that are actually looking to have their products approved 
by the FDA. I support him in that, and I hope he's correct.
  One of the most important missions of the government, one of the 
premier agencies of the Federal Government is the Food and Drug 
Administration. Its job is to ensure that medical drugs and medical 
devices are safe and effective. The FDA is also a gateway for patients 
who are suffering disease and disability with the hope of one day 
getting past that disease and disability. The FDA is the gateway for 
those patients.
  We've taken legislative steps to fix some of the issues with the FDA. 
They aren't always functioning in a perfect manner, but I know one 
thing for sure: keeping FDA employees away from their jobs is not the 
way to accomplish those goals.
  This is a good bill today, the Food and Drug Safety Act. I hope the 
Senate will take this up. The House is going to pass it in a bipartisan 
manner in just a very short period of time. We will send it over to the 
Senate, as we have many other bills last week, and we'll continue to 
send bills. This is the way the process should work. Appropriations 
shouldn't be done in one large lump. They should be done in the 
individual departments.
  I support this bill today. I urge my colleagues to do the same.
  Mr. FARR. Mr. Speaker, the gentleman has voted for CRs 19 times since 
President Obama has been in office, with the whole enchilada, passing 
them without rancor, without asking the President to negotiate. So 
there's no reason we can't do that tonight.
  I yield 2 minutes to the gentleman from California, Henry Waxman, the 
distinguished ranking member of the Energy and Commerce Committee.
  Mr. WAXMAN. Mr. Speaker, we're on the seventh day of a government 
shutdown caused by the reckless actions of House Republicans; and we 
are now considering the sixth piecemeal bill that reopens a few 
government activities, but still continues the shutdown for everybody 
else.
  Now, I support the FDA. Who doesn't support the FDA? It's very 
important that they do their job. But you know what's also important? 
What's also important is the Centers for Disease Control and 
Prevention, which responds to disease outbreaks and works to prevent 
the spread of seasonal flu. They're not going to be reopened. There's 
no funding for the Substance Abuse and Mental Health Services 
Administration, which limits its ability to improve mental health 
across the country.
  There are things this government does--and I'm pleased my Republican 
colleagues are starting to understand why government is so important. 
And that's why we shouldn't have this closing down of government and 
then reopening it piece by piece.
  This is an effort to hold the government hostage until the 
unreasonable demand to deny health insurance for American families is 
met, and that is a demand that we will not give in to. Let the House 
vote on a clean bill to fund the whole government, not the piecemeal 
approach we're considering today. It's a gimmick, and it's also poor 
policy.
  And you should understand something else, Mr. Speaker, they're not 
giving FDA the full funding. What they're doing is still continuing the 
draconian sequestration cut which took over $200 million out of FDA's 
budget. If they love FDA so much, fund it where it should be funded, 
not with $200 million less.
  Mr. Speaker, there is no funding for hundreds of the Nation's tribes. 
There is no funding for meals for millions of seniors. There is no 
assistance to more than 1 million families in need.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. FARR. I yield the gentleman from California an additional 30 
seconds.
  Mr. WAXMAN. I think we're all supporters of the FDA; but if the 
Republicans were truly interested in FDA, they would work with 
Democrats. We would have a conversation about it to lift the sequester 
and restore funding for FDA and all other critical programs as well.
  I thank the gentleman for yielding me the time.
  Mr. ADERHOLT. I reserve the balance of my time.
  Mr. FARR. Mr. Speaker, I yield 2 minutes to the gentleman from 
Maryland, Mr. Chris Van Hollen, our distinguished leader.
  Mr. VAN HOLLEN. I thank my friend from California.
  Mr. Speaker, I have the privilege of representing the congressional 
district that is home to the Food and Drug Administration. Those 
individuals do great work for our country; and I can tell you, Mr. 
Speaker, nobody--and I mean nobody--is being fooled by this ridiculous 
stunt that the Republicans in this House are pulling, trying to cherry-
pick little pieces of government to fund when they know they're not 
going anywhere, when the American people know that this House is in 
possession of a piece of legislation that, if we were allowed to vote 
on it, would go to the President's desk tonight; he would sign it; and 
we would open up all of government immediately--FDA, NIH, the VA, 
everything.

[[Page 15345]]

  The position Republicans are taking is made even more ridiculous by 
what we did on Saturday. On Saturday, we said, We're going to pay all 
Federal employees--not just employees at FDA, not just at NIH--all 
Federal Government employees. That was the right thing to do.
  Now you're saying you only want to keep some of those agencies open, 
not all of them open. So what our Republican colleagues are telling the 
American people is, we want to pay all the employees in the Federal 
Government; but we don't want to allow a lot of them to go to work. We 
want to pay for everybody in the Federal Government, but we don't want 
to allow everybody to go to work. What kind of policy is that?
  Now, Mr. Speaker, just this weekend, the Speaker of this House 
admitted on national television that he had reached an agreement with 
the Democratic leader in the United States Senate, Senator Harry Reid, 
where Harry Reid and the Senate Democrats said, We will agree on a 
temporary basis to the lower funding levels in the sequester in 
exchange for making sure we have a clean continuing resolution, that we 
keep the government open. That's what the Speaker agreed to.
  But then he came back to this House, and he couldn't hold his caucus. 
Why? Because Senator Cruz and a radical reckless faction said, No, we 
can't do that. We have to close the government unless we shut down the 
Affordable Care Act. And that position hasn't changed. That's why today 
we can't open the government, because our Republican colleagues want to 
continue to shut down the Affordable Care Act.
  Let's vote today to open the whole government. Let's have a vote, Mr. 
Speaker, on the bill that's in our possession.
  Mr. ADERHOLT. Mr. Speaker, I reserve the balance of my time.
  Mr. FARR. I yield to the distinguished Congressman from Arizona, Ron 
Barber, for a unanimous consent request.
  Mr. BARBER. Mr. Speaker, while Congress recessed this weekend, I 
stayed here in Washington to work with my colleagues to end this 
shutdown. I talked with southern Arizonans to hear from them about the 
shutdown and how it's impacting their families. Mr. Speaker, I can tell 
you that the people I talked with don't care who is to blame. They want 
us to reopen their government.
  The SPEAKER pro tempore. The gentleman is out of order.
  Mr. BARBER. On behalf of my constituents in southern Arizona, I ask 
unanimous consent that the House bring up the Senate amendment to the 
continuing appropriations resolution, H.J. Res. 59. We must come 
together, and we must put the American people first. We cannot allow 
this stalemate to continue for one more day.
  The SPEAKER pro tempore. It is out of order for the gentleman to make 
a speech when seeking recognition for a unanimous consent request.
  Under guidelines consistently issued by successive Speakers, as 
recorded in section 956 of the House Rules and Manual, the Chair is 
constrained not to entertain the request unless it has been cleared by 
the bipartisan floor and committee leaderships.
  Mr. FARR. I yield myself such time as I may consume.
  Mr. Speaker, I rise in opposition to this piecemeal bill to nowhere 
that continues to delay and shut down government when we could be 
passing a bill right now that would keep government open, and it would 
open it up tomorrow morning; but the Speaker refuses to allow that 
legislation to come to the floor. He tells the press there aren't the 
votes.
  Let's try it. I dare you. I dare you. Bring it to the floor. Let's 
see if there are enough votes. I think there are because I think the 
majority of this body wants to keep the government open and not play 
these games.
  These are games. Never done before. Never done before. Congress has 
never shut down the government. Yes, it was shut down under Clinton, 
but it was by a veto. It wasn't for a failure to get them a bill. 
They're saying, Well, the President has to negotiate. He doesn't have 
to negotiate.
  Under President Bush, we passed 56 CRs with no negotiation. Under 
President Obama, so far, 19. Almost every Member here voted for those. 
So you've been voting for CRs continuously for years and years without 
rancor. What's the difference now? You don't like a bill that passed 3 
years ago, and you have to come and break the rules here by getting a 
waiver so you can bring up these issues on the appropriations bill 
because you don't want to do it in regular order? This is just insane.
  This is insane. We've never done it like this. And the country is 
wondering what the heck is going on. Well, what's going on is we've 
just become children in this fight. This is nuts. This is not the way 
to run a government.
  By God, let's get government open. We can do it tonight. Let's bring 
the bill to the floor and vote on it. Vote against this bill to 
nowhere.
  I yield back the balance of my time.
  Mr. ADERHOLT. I yield myself such time as I may consume.
  Mr. Speaker, I would hope that all of my colleagues would join me 
tonight in supporting House Joint Resolution 77 that has been discussed 
here over the last hour.
  I understand that many of my friends across the aisle would disagree 
with the majority's decision to immediately fund the most critical 
function of government during the delay that we have in current 
funding.
  I recognize your preferences for a vote on all the government at one 
time; but you must recognize the truth of the matter is we don't have 
consensus in the House. Until the White House and the Senate are 
willing to sit down and negotiate a quick solution to this stalemate, I 
ask that my friends across the aisle join me in supporting the Food and 
Drug Administration, an agency that is on the front lines for our 
public health on a day-to-day basis.
  There are a number of us who would question why nearly half of the 
FDA is furloughed when nearly all of their work impacts the safety and 
protection of human life. However, the administration has chosen to 
cease activities related to food, to medical devices, and to human drug 
establishment inspections, infant formula notifications, and to 
laboratory research that are tied to public health decision-making.

                              {time}  1830

  Most importantly, I would want to think that the administration is 
not playing politics with the safety of our Nation's food supply; but 
why is it that 87 percent of the Food Safety and Inspection Service is 
on the job while only about half of FDA's food safety staff are 
actually working, especially when FDA is responsible for 80 percent of 
the food supply?
  As I noted in my opening remarks a few minutes ago, I would speculate 
that many of our colleagues don't realize how the FDA impacts every 
single one of our constituents in one way or the other. From formula 
fed to babies, to blood transfusions needed during emergencies and 
routine surgeries, to drugs that extend the lives of the sick, to the 
domestic or imported foods we feed to our families, on every occasion, 
the FDA is there.
  Just 2 days ago, this body voted 407-0 to approve a measure that will 
provide backpay to furloughed Federal workers. This vote did not impact 
the critical needs of public health, yet an important vote, 
nonetheless. I would ask that each of the 407 Members who voted on 
Saturday for the backpay for Federal workers to now vote in favor of a 
bill that provides for urgent needs for our public safety and our 
welfare across the United States of America.
  Again, I urge my colleagues to support this joint resolution, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 371, the previous question is ordered.
  The question is on the engrossment and third reading of the joint 
resolution.
  The joint resolution was ordered to be engrossed and read a third 
time, and was read the third time.


                           Motion to Recommit

  Mr. FARR. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the joint 
resolution?

[[Page 15346]]


  Mr. FARR. I am opposed.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Farr moves to recommit the joint resolution H.J. Res. 
     77 to the Committee on Appropriations with instructions to 
     report the same back to the House forthwith with the 
     following amendment:
       Strike all after the resolving clause and insert the 
     following:
     That upon passage of this joint resolution by the House of 
     Representatives, the joint resolution (H.J. Res. 59) making 
     continuing appropriations for fiscal year 2014, and for other 
     purposes, as amended by the Senate on September 27, 2013, 
     shall be considered to have been taken from the Speaker's 
     table and the House shall be considered to have (1) receded 
     from its amendment; and (2) concurred in the Senate 
     amendment.

  Mr. FARR (during the reading). I ask unanimous consent to dispense 
with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. ADERHOLT. Mr. Speaker, I reserve a point of order on the 
gentleman's motion.
  The SPEAKER pro tempore. A point of order is reserved.
  Pursuant to the rule, the gentleman from California is recognized for 
5 minutes in support of his motion.
  Mr. FARR. Mr. Speaker, this is the eighth time we've made this motion 
to bring the clean CR to the floor. And what could be simpler than a 
clean appropriations bill? No riders, no earmarks, no policy changes. I 
know it's something that my friends on the other side of the aisle have 
done over and over and over again. In this case, it's even with no 
increase in spending. It's clean; it's simple; it's the right thing to 
do.
  So why are we here today, day after day, tinkering at the margins? 
Today we fund one agency; tomorrow it's something else; last Friday it 
was several others. This isn't any way to run a government, and no one 
who votes for this bill should think that it is. All this bill does is 
play favorites, pitting one agency against another for meager 
government funding.
  So I offer this motion to recommit with the hope that our colleagues 
on the other side of the aisle will join me in funding, not part of 
government, not piecemeal government, all of government. Why? Because 
all Americans deserve a complete government at their service, a full-
time government, not a partial government or a sometimes government.
  This motion will allow us to pass the Senate version, which is a 
clean, what we call, continuing resolution, and it would reopen 
government within 24 hours. Very simple. Just bring it to the floor. 
Let the vote be what it is.
  We've had, as I said earlier, 111 CRs since President Clinton was 
elected to office. In fact, I have the breakdown right here. We had 36 
CRs, continuing resolutions, passed without this kind of 
conditionality, without the government shutting down--36. Under 
President Bush, we had 56 CRs passed without shutting down the 
government. With President Obama, in the years that he has been here, 
we've already passed 19 CRs without shutting down the government, 
without rancor, without conditions.
  So why are we doing it now? It doesn't make any sense. Nobody can 
explain this. All Americans want all of their government back, and we 
can do that. Voting on this motion to recommit, we can get government 
open.
  So I ask my colleagues on both sides of the aisle to support this 
motion to recommit. Support our ability to get government back, working 
for all the people for all the time, not part-time.
  Mr. Speaker, I yield back the balance of my time.


                             Point of Order

  Mr. ADERHOLT. Mr. Speaker, I make a point of order that the 
instructions that are contained in the motion violate clause 7 of rule 
XVI, which requires that an amendment be germane to the bill under 
consideration at the time.
  As the Chair recently ruled on October 2, 3, and 4 of 2013, the 
instructions contain a special order of business within the 
jurisdiction of the Committee on Rules, and, therefore, the amendment 
is not germane to the underlying bill.
  Mr. Speaker, I insist on my point of order.
  The SPEAKER pro tempore. Does any Member wish to be heard on the 
point of order?
  Mr. FARR. Mr. Speaker, I request to be heard on the point of order.
  The SPEAKER pro tempore. The gentleman from California is recognized 
on the point of order.
  Mr. FARR. Mr. Speaker, doesn't this bill before us fund a portion of 
the Federal Government?
  My motion to recommit would open the entire Federal Government so 
that all the consumer protections that our Nation provides are 
guaranteed. We need to open up not just food safety, but we also need 
to open up the Centers for Disease Control. We need to open up consumer 
hotlines. Can the Chair explain why it is not germane to open up all 
the Nation's consumer protections?
  The SPEAKER pro tempore. Does the gentleman have argument confined to 
the point of order?
  Mr. FARR. Last Saturday, we agreed to pay our workers furloughed 
during the shutdown. I supported that bill. But what sense does it make 
to have workers paid to sit at home and not be able to do their jobs? 
What kind of strange House is this that would force this situation on 
our fellow workers? You've got to sit at home, but don't worry, you'll 
get paid?
  Mr. Speaker, if you rule this motion out of order, does that mean we 
will not have a chance to keep the entire Federal Government open 
today? Can the Chair please explain why we can't keep the entire 
Federal Government open tonight, now?
  The SPEAKER pro tempore. The Chair is prepared to rule on the point 
of order raised by the gentleman from Alabama.
  The gentleman from Alabama makes a point of order that the 
instructions proposed in the motion to recommit offered by the 
gentleman from California are not germane.
  The joint resolution extends funding relating to the Food and Drug 
Administration. The instructions in the motion propose an order of 
business of the House.
  On October 2, October 3, and October 4, 2013, the Chair ruled that a 
motion to recommit proposing an order of business of the House was not 
germane to various measures on the basis that the motion failed the 
committee jurisdiction test of germaneness.
  Here, the joint resolution falls within the jurisdiction of the 
Committee on Appropriations. The instructions in the motion fall within 
the jurisdiction of the Committee on Rules.
  The instructions, therefore, propose a non-germane amendment. The 
point of order is sustained.
  Mr. FARR. Mr. Speaker, I appeal the ruling of the Chair.
  The SPEAKER pro tempore. The question is, Shall the decision of the 
Chair stand as the judgment of the House?
  Mr. ADERHOLT. Mr. Speaker, I move to lay the appeal on the table.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. FARR. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15-
minute vote on the motion to table will be followed by a 5-minute vote 
on passage of the joint resolution, if arising without further 
proceedings in recommittal.
  The vote was taken by electronic device, and there were--yeas 217, 
nays 182, not voting 32, as follows:

                             [Roll No. 527]

                               YEAS--217

     Aderholt
     Amash
     Amodei
     Bachmann
     Bachus
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Bucshon
     Burgess
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer

[[Page 15347]]


     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Petri
     Pittenger
     Pitts
     Pompeo
     Posey
     Price (GA)
     Radel
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                               NAYS--182

     Andrews
     Barber
     Barrow (GA)
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Chu
     Cicilline
     Clarke
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Edwards
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Garamendi
     Garcia
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Himes
     Hinojosa
     Holt
     Honda
     Horsford
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meng
     Michaud
     Miller, George
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pingree (ME)
     Pocan
     Price (NC)
     Quigley
     Rahall
     Rangel
     Roybal-Allard
     Ruiz
     Ruppersberger
     Ryan (OH)
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Wilson (FL)
     Yarmuth

                             NOT VOTING--32

     Bass
     Blackburn
     Buchanan
     Castro (TX)
     Clay
     Davis, Danny
     DesJarlais
     Ellison
     Forbes
     Gallego
     Gosar
     Gutierrez
     Herrera Beutler
     Higgins
     Hoyer
     King (NY)
     Lipinski
     Lucas
     McCarthy (NY)
     McKeon
     Meeks
     Moore
     Poe (TX)
     Polis
     Richmond
     Rogers (AL)
     Rush
     Sanchez, Loretta
     Sanford
     Simpson
     Welch
     Young (FL)

                              {time}  1906

  Messrs. CLYBURN and SIRES changed their vote from ``yea'' to ``nay.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore. The question is on the joint resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. FARR. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 235, 
nays 162, not voting 34, as follows:

                             [Roll No. 528]

                               YEAS--235

     Aderholt
     Amash
     Amodei
     Bachmann
     Bachus
     Barber
     Barletta
     Barr
     Barrow (GA)
     Barton
     Benishek
     Bentivolio
     Bera (CA)
     Bilirakis
     Bishop (UT)
     Black
     Boustany
     Brady (TX)
     Braley (IA)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Bucshon
     Burgess
     Bustos
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     DelBene
     Denham
     Dent
     DeSantis
     Diaz-Balart
     Duffy
     Duncan (SC)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garcia
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Loebsack
     Long
     Luetkemeyer
     Lummis
     Lynch
     Maloney, Sean
     Marchant
     Marino
     Massie
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCollum
     McHenry
     McIntyre
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (FL)
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Peters (CA)
     Peters (MI)
     Petri
     Pittenger
     Pitts
     Pompeo
     Posey
     Price (GA)
     Radel
     Reed
     Reichert
     Renacci
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Ruiz
     Runyan
     Ryan (WI)
     Salmon
     Scalise
     Schneider
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Sinema
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                               NAYS--162

     Andrews
     Beatty
     Becerra
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Brown (FL)
     Brownley (CA)
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Chu
     Cicilline
     Clarke
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     DeFazio
     DeGette
     Delaney
     DeLauro
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Duncan (TN)
     Edwards
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Frankel (FL)
     Fudge
     Gabbard
     Garamendi
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Himes
     Hinojosa
     Holt
     Honda
     Horsford
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Maffei
     Maloney, Carolyn
     Matsui
     McDermott
     McGovern
     McNerney

[[Page 15348]]


     Meng
     Michaud
     Miller, George
     Moran
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peterson
     Pingree (ME)
     Pocan
     Price (NC)
     Quigley
     Rahall
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Wilson (FL)
     Yarmuth

                             NOT VOTING--34

     Bass
     Blackburn
     Buchanan
     Castro (TX)
     Clay
     Davis, Danny
     DesJarlais
     Ellison
     Forbes
     Gallego
     Gosar
     Gutierrez
     Herrera Beutler
     Higgins
     Hoyer
     King (NY)
     Lipinski
     Lucas
     McCarthy (NY)
     McKeon
     Meeks
     Moore
     Poe (TX)
     Polis
     Rangel
     Ribble
     Richmond
     Rogers (AL)
     Rush
     Sanchez, Loretta
     Sanford
     Simpson
     Welch
     Young (FL)

                              {time}  1914

  So the joint resolution was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________