the Senate Convenes: 9:30amET May 24, 2012

• Following the prayer and pledge, the Senate will resume consideration of S.3187, the FDA user fees legislation.
• The amendments below are the only remaining amendments in order to the bill. At 2:00pm, all debate time will be considered expired and the Senate will vote in relation to the amendments listed below and on passage of the bill, as amended. There will be 2 minutes of debate prior to each vote. All votes after the first vote will be 10 minutes in duration.

• Bingaman amendment #2111 (generic filings) (60-vote threshold)**;
• McCain amendment #2107 (reimportation) (60-vote threshold)**;
• Sanders amendment #2109 (criminal fraud/exclusivity) (60-vote threshold)**;
• Murkowski amendment #2108 (genetically engineered salmon) (60-vote threshold)**;
• Portman amendment #2146, as modified (Synthetic drugs – controlled substances);
• Portman amendment #2145, as modified (Rx drug monitoring);
• Coburn amendment #2132 (FDA employee performance standards)**;
• Coburn amendment #2131 (Drug Application Review Process)**;
• Durbin amendment #2127 (dietary supplements)**;
• Paul amendment #2143 (supplements)**;
• Burr amendment #2130 (Congress – user fee negotiations)**;
• Passage of S.3187, as amended**.
  • (**expected roll call vote)
• Upon disposition of the FDA user fee legislation, the Senate will proceed to the consideration of S.2343, the Stop Student Loan Interest Rate Hike Act with 10 minutes of debate prior to 2 roll call votes in relation to the following:

• McConnell, or his designee, amendment, which is identical to the text of S.2366, the Interest Rate Reduction Act (60-vote threshold) and
• Passage of S.2343, as amended, if amended (60-vote threshold).
• Therefore, Senators should expect up to 12 roll call votes to begin at around 2:00pm on Thursday. Senator Reid announced the votes could begin earlier if debate is concluded prior to 2:00pm.

The following amendments have been considered to S.3187, the FDA user fees bill:

• Harkin-Enzi amendment #2122 (substitute); agreed to by unanimous consent
• Cardin amendment #2125 (health benefits/risks); agreed to by unanimous consent
• Cardin amendment #2141 (FDA report-small business); agreed to by unanimous consent
• Grassley amendment #2121 (whistleblower protections III); agreed to by unanimous consent
• Grassley amendment #2129 (GAO report – clinical trials)
• Manchin amendment #2151, as modified (reclassification of hydrocodone under Controlled Substances Act); agreed to by unanimous consent
• Reed amendment #2126 (Sunscreen testing/labeling); agreed to by unanimous consent
• Leahy amendment #2142, as modified (FOIA); agreed to by unanimous consent
• Portman amendment #2145, as modified (Rx drug monitoring); agreed to by unanimous consent
• Coburn amendment #2131 (drug application review process); agreed to by unanimous consent
• Coburn amendment #2132 (FDA employee performance standards); withdrawn
• Portman amendment #2146, as modified (Synthetic drugs – controlled substances); agreed to by voice vote
• Bingaman amendment #2111 (generic filings) (60-vote threshold); Not agreed to: 28-67
• Murkowski amendment #2108 (genetically engineered salmon); Not Agreed To: 46-50
• Paul amendment #2143 (supplements); Tabled: 78-15
• McCain amendment #2107 (drug reimportation); Not Agreed To: 43-54
• Sanders amendment #2109 (criminal fraud/exclusivity); Not Agreed To: 9-88
• Burr amendment #2130 (Congress – user fee negotiations); Withdrawn
• Durbin amendment #2127 (dietary supplements); Tabled: 77-20

There is a strong effort have 2 votes at 12:15pm, break for the DPCC lunch and then resume voting at 2:00pm. We hope to vote in relation to Bingaman amendment #2111 and Murkowski amendment #2108 before lunch.

The following amendments were agreed to by consent:

– Leahy amendment #2142, as modified;

– Portman amendment #2145, as modified; and

– Coburn amendment #2131.

Coburn amendment #2132 was withdrawn.

Portman amendment #2146, as modified, was agreed to by voice vote.

Today’s votes include:

– Bingaman amendment #2111 (generic filings) (60-vote threshold);

– McCain amendment #2107 (reimportation) (60-vote threshold);

– Sanders amendment #2109 (criminal fraud/exclusivity) (60-vote threshold);

– Murkowski amendment #2108 (genetically engineered salmon) (60-vote threshold);

– Durbin amendment #2127 (dietary supplements);

– Paul amendment #2143 (supplements);

– Burr amendment #2130 (Congress – user fee negotiations);

– Passage of S.3187, as amended

–up to 10 minutes for debate–

– McConnell, or his designee, amendment, which is identical to the text of S.2366, the Interest Rate Reduction Act (60-vote threshold) and

– Passage of S.2343, as amended, if amended (60-vote threshold).

12:08pm The Senate began a roll call vote on the Bingaman amendment #2111 (generic filings) (60-vote threshold); Not Agreed to: 28-67

12:36pm The Senate began a roll call vote on the Murkowski amendment #2108 (genetically engineered salmon) (60-vote threshold); Not Agreed to: 46-50

There will be 2 roll call votes at 12:05pm in relation to the following amendments to S.3187, the FDA bill:

– Bingaman amendment #2111;

– Murkowski amendment #2108; and

– Paul amendment #2143 (supplements);

– McCain amendment #2107 (reimportation) (60-vote threshold);

– Sanders amendment #2109 (criminal fraud/exclusivity) (60-vote threshold);

– Durbin amendment #2127 (dietary supplements);

– Burr amendment #2130 (Congress – user fee negotiations);

– Passage of S.3187, as amended

–up to 10 minutes for debate–

– McConnell, or his designee, amendment, which is identical to the text of S.2366, the Interest Rate Reduction Act (60-vote threshold) and

– Passage of S.2343, as amended, if amended (60-vote threshold).

1:58pm The Senate began a roll call vote on Harkin motion to table Paul amendment #2143; Tabled: 78-15

2:19pm The Senate began a roll call vote on McCain amendment #2107 (Reimportation); Not Agreed To: 43-54

2:39pm The Senate began a roll call vote on Sanders amendment #2109 (criminal fraud/exclusivity); Not Agreed To: 9-88

2:57pm The Senate began a roll call vote on the Harkin motion to table Durbin amendment #2127 (dietary supplements); Tabled: 77-20

3:15pm The Senate began a roll call vote on passage of S.3187, the FDA bill; Passed: 96-1

3:46pm The Senate began a roll call vote on Alexander amendment #2153 (student loans) to S.2343, the Stop Student Loan Interest Rate Hike Act; Not Agreed to: 34-62-1 (present)

4:02pm The Senate began a roll call vote on passage of S.2343, the Stop Student Loan Interest Rate Hike Act; Not Passed: 51-43-1(present)

There will be no further roll call votes during Thursday’s session of the Senate.

By unanimous consent, the Senate passed H.R.5740, Flood Insurance extension, as amended by Johnson (SD) substitute.

The Johnson (SD) substitute amendment is a 60-day extension and includes language regarding second homes.

4:30pm Senator Reid moved to proceed to S.3220, a bill to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes., and filed cloture on the motion. The cloture vote on the motion to proceed will occur at 2:15pm on Tuesday, June 5^th. There will be a vote Monday night (around 5:30pm) on a judge.

Senator Reid asked unanimous consent that the Senate proceed to the consideration of Calendar #398, H.R.5652; that all after the enacting clause be stricken and the language of S.1925, the Violence Against Women Act Reauthorization, as passed by the Senate on April 26^th by a vote of 68-31, be inserted in lieu thereof; that the Senate insist on its amendment, request a conference with the House on the disagreeing votes of the two Houses; and the Chair be authorized to appoint conferees on the part of the Senate; with all of the above occurring with no intervening action or debate.

Senator McConnell objected and asked the following consent:

That the Senate proceed to the consideration of H.R.4970, the House passed Violence Against Women Reauthorization Act; that all after the enacting clause be stricken, the text of the Senate passed VAWA bill, S.1925 with a modification that strikes sections 805 and 810 related to the immigration issue; the bill be read three times and passed; the Senate insist on its amendment, request a conference with the House, and the Chair be authorized to appoint conferees on the part of the Senate with a ratio agreed to by both leaders.

Senator Reid objected.

WRAP UP

ROLL CALL VOTES

1) Bingaman amendment #2111 (generic filings) (60-vote threshold) to S.3187, the FDA user fees bill; Not Agreed to: 28-67

2) Murkowski amendment #2108 (genetically engineered salmon) (60-vote threshold); Not Agreed to: 46-50

3) Harkin motion to table Paul amendment #2143; Tabled: 78-15

4) McCain amendment #2107 (Reimportation) (60-vote threshold); Not Agreed To: 43-54

5) Sanders amendment #2109 (criminal fraud/exclusivity) (60-vote threshold); Not Agreed To: 9-88

6) Harkin motion to table Durbin amendment #2127 (dietary supplements); Tabled: 77-20

7) Passage of S.3187, the FDA user fees bill, as amended; Passed: 96-1

8) Alexander amendment #2153 (student loans) to S.2343, the Stop Student Loan Interest Rate Hike Act (60-vote threshold); Not Agreed to: 34-62-1 (present)

9) Passage of S.2343, the Stop Student Loan Interest Rate Hike Act (60-vote threshold); Not Passed: 51-43-1(present)

LEGISLATIVE ITEMS

Passed S.414, International Protecting Girls by Preventing Child Marriage Act of 2011 by voice vote.

Passed S.739, a bill to authorize the Architect of the Capitol (AOC) to establish battery recharging stations in parking areas under the jurisdiction of the Senate at no net cost to the Federal Government with a Levin amendment.

Discharged the Agriculture committee and passed H.R.2947, a bill to provide for the release of the reversionary interest held by the United States in certain land conveyed by the United States in 1950 for the establishment of an airport in Cook County, Minnesota.

Discharged Judiciary and Passed H.R.3992, a bill to allow otherwise eligible Israeli nationals to receive E-2 nonimmigrant visas if similarly situated United States nationals are eligible for similar nonimmigrant status in Israel.

Discharged Judiciary and adopted S.Res.455, designating June 27, 2012, as “National Post-Traumatic Stress Disorder Awareness Day”.

Adopted S.Res.475, Relating to the death of the Honorable E. James Abdnor, former United States Senator and Congressman from the State of South Dakota.

Began the Rule 14 process of S.J.Res.41, expressing the sense of Congress regarding the nuclear programs of Iran (Graham and others).

EXECUTIVE ITEMS

Discharged the Foreign Relations committee and confirmed PN1520, David J. Lane, of Florida, for the rank of Ambassador during his tenure of service as U.S. Representative to the United Nations Agencies for Food and Agriculture

Discharged the HELP committee and confirmed PN1565, 16 Public Health Service nominations received by the Senate on April 26, 2012, beginning with Joseph R. Fontana, and ending with Joy A. Mobley; and PN1679, 114 Public Health Service nominations received by the Senate on May 15, 2012, beginning with Mary J. Choi, and ending with Meghan M. Zomorodi.

Confirmed the following items:

all nominations placed on the Secretary’s desk in the Air Force, Army, Foreign Service, Marine Corps, and Navy;

INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT

Executive Calendar #640 Sara Margalit Aviel—to be United States Alternate Executive Director of the International Bank for Reconstruction and Development for a term of two years by voice vote

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

Executive Calendar #261 Matthew Francis McCabe — to be a Member of the Board of Directors of the Corporation for National and Community Service

SECURITIES INVESTOR PROTECTION CORPORATION

Executive Calendar #338 Anthony Frank D’Agostino – to be a Director of the Securities Investor Protection Corporation

Executive Calendar #339 Anthony Frank D’Agostino – to be a Director of the Securities Investor Protection Corporation (Reappointment)

Executive Calendar #340 Gregory Karawan – to be a Director of the Securities Investor Protection Corporation

THE JUDICIARY

Executive Calendar #665 Roy Wallace McLeese III—to be an Associate Judge of the District of Columbia Court of Appeals for the term of fifteen years

DEPARTMENT OF ENERGY

Executive Calendar #678 Adam E. Sieminski—to be Administrator of the Energy Information Administration

FEDERAL ENERGY REGULATORY COMMISSION

Executive Calendar #679 Anthony T. Clark—to be a Member of the Federal Energy Regulatory Commission for the term expiring June 30, 2016

Executive Calendar #680 John Robert Norris—to be a Member of the Federal Energy Regulatory Commission for the term expiring June 30, 2017. (Reappointment)

THE JUDICIARY

Executive Calendar #681 Margaret Bartley—to be a Judge of the United States Court of Appeals for Veterans Claims for the term of fifteen years

Executive Calendar #682 Coral Wong Pietsch—to be a Judge of the United States Court of Appeals for Veterans Claims for the term of fifteen years

DEPARTMENT OF STATE

Executive Calendar #706 Michael A. Raynor—to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Benin.

Executive Calendar #707 Scott H. DeLisi—to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Uganda.

Executive Calendar #708 Makila James—to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Swaziland.

DEPARTMENT OF DEFENSE

Executive Calendar #710 Jessica Lynn Wright—to be an Assistant Secretary of Defense

Executive Calendar #711 James N. Miller, Jr.—to be Under Secretary of Defense for Policy

Executive Calendar #712 Frank Kendall III—to be Under Secretary of Defense for Acquisition, Technology, and Logistics

Executive Calendar #713 Erin C. Conaton—to be Under Secretary of Defense for Personnel and Readiness

Executive Calendar #715 Derek H. Chollet—to be an Assistant Secretary of Defense

Executive Calendar #716 Kathleen H. Hicks—to be a Principal Deputy Under Secretary of Defense

Executive Office of the President

Executive Calendar #717 Joseph G. Jordan, of Massachusetts, to be Administrator for Federal Procurement Policy

DEPARTMENT OF DEFENSE

Executive Calendar #725 Katharina G. McFarland—to be an Assistant Secretary of Defense

AIR FORCE

Executive Calendar #727 to be Lieutenant General: Maj. Gen. Michael D. Dubie

Executive Calendar #728 to be Brigadier General: Col. Bobby V. Page

Executive Calendar #729 to be General: Gen. Philip M. Breedlove

Executive Calendar #730 to be General: Lt. Gen. Larry O. Spencer

Executive Calendar #731 to be Lieutenant General: Maj. Gen. Noel T. Jones

Executive Calendar #732 to be Brigadier General: Col. Wayne A. Zimmet

ARMY

Executive Calendar #733 to be Lieutenant General: Maj. Gen. Theodore C. Nicholas

Executive Calendar #734 to be Brigadier General: Col. Francisco A. Espaillat

Executive Calendar #735 to be Major General: Brig. Gen. William R. Phillips, II

Executive Calendar #736 to be Major General:

Brigadier General Leslie J. Carroll;

Brigadier General Bryan R. Kelly;

Brigadier General Peter S. Lennon;

Brigadier General Gary A. Medvigy;

Brigadier General David W. Puster;

Brigadier General Megan P. Tatu;

Brigadier General Daniel L. York; and

Brigadier General James V. Young, Jr.

to be Brigadier General:

Colonel Douglas F. Anderson;

Colonel Danny C. Baldwin;

Colonel William P. Barriage;

Colonel Leanne P. Burch;

Colonel Mitchell R. Chitwood;

Colonel Stephen K. Curda;

Colonel Arlan M. Deblieck;

Colonel Chris R. Gentry;

Colonel Norman B. Green;

Colonel Lewis G. Irwin;

Colonel Phillip S. Jolly;

Colonel Robert A. Karmazin;

Colonel Troy D. Kok;

Colonel William S. Lee;

Colonel Tammy S. Smith; and

Colonel Michael S. Tuomey

Executive Calendar #737 to be Lieutenant General: Lt. Gen. Michael T. Flynn

MARINE CORPS

Executive Calendar #738 to be Lieutenant General: Lt. Gen. Thomas D. Waldhauser

Executive Calendar #739 to be Lieutenant General: Maj. Gen. Jon M. Davis

Executive Calendar #740 to be Lieutenant General: Lt. Gen. Robert E. Schmidle, Jr.

Executive Calendar #741 to be Lieutenant General: Lt. Gen. Terry G. Robling

Executive Calendar #742 to be Brigadier General: Col. Burke W. Whitman

Executive Calendar #743 to be Major General: Brig. Gen. James M. Lariviere

Executive Calendar #744 to be Lieutenant General: Lt. Gen. John M. Paxton, Jr.

Executive Calendar #745 to be Lieutenant General: Maj. Gen. John A. Toolan, Jr.

Executive Calendar #746 to be Brigadier General: Col. Paul K. Lebidine

Executive Calendar #747 to be Lieutenant General: Lt. Gen. Robert B. Neller

NAVY

Executive Calendar #748 to be Admiral: Vice Adm. William E. Gortney

Executive Calendar #749 to be Vice Admiral: Rear Adm. Kurt W. Tidd

Executive Calendar #750 to be Vice Admiral: Vice Adm. David H. Buss

Executive Calendar #751 to be Vice Admiral: Rear Adm. Michelle J. Howard

Executive Calendar #752 to be Vice Admiral: Rear Adm. Thomas H. Copeman, III

Executive Calendar #753 to be Vice Admiral: Vice Adm. Richard W. Hunt

Executive Calendar #754 to be Rear Admiral (lower half): Capt. John F. Kirby

Executive Calendar #755 to be Rear Admiral (lower half): Capt. Brian B. Brown

JAMES MADISON MEMORIAL FELLOWSHIP FOUNDATION

Executive Calendar #756 Drew R. McCoy—to be a Member of the Board of Trustees of the James Madison Memorial Fellowship Foundation for a term expiring January 27, 2016 (Reappointment)

Executive Calendar #757 Pauline R. Maier—to be a Member of the Board of Trustees of the James Madison Memorial Fellowship Foundation for a term expiring November 17, 2017

UNITED STATES PAROLE COMMISSION

Executive Calendar #758 Charles Thomas Massarone, of Kentucky, to be a Commissioner of the United States Parole Commission for a term of six years.

——————————————————————————————————————

The next meeting is scheduled for 10:00 a.m. on May 25, 2012.

House Hearings

10:05 A.M. –	The Speaker announced that the House do now adjourn. The next meeting is scheduled for 10:00 a.m. on May 25, 2012.
10:05 A.M. –	The Speaker announced approval of the Journal.  Pursuant to clause 1, rule I, the Journal stands approved.
10:05 A.M. –	PLEDGE OF ALLEGIANCE TO THE FLAG – The Chair led the House in reciting the Pledge of Allegiance to the Flag.
10:04 A.M. –	Today’s prayer was offered by Monsignor Stephen Rossetti, Associate Professor, The Catholic University of America, Washington, DC.
10:02 A.M. –	The Speaker designated the Honorable Roscoe G. Bartlett to act as Speaker pro tempore for today.