the Senate Convened at 9:30amET May 23, 2012

• Following the prayer and pledge, the Majority Leader will be recognized. It is his intention to resume consideration of the motion to proceed to S.3187, the FDA user fees legislation.
• Following the remarks of the Majority Leader and the Republican Leader, the first hour will be equally divided and controlled between the two sides with the Republicans controlling the first half and the Majority controlling the final half.
• At 11:00am, the motion to proceed to S.3187 will be adopted, the Harkin-Enzi substitute amendment will be agreed to and considered original text for the purposes of further amendment. The Majority Leader will then be recognized.
• Additionally, the Majority will control the time from 1:00pm until 2:00pm.
• We are working on an agreement for amendments to the FDA user fees legislation.  We hope an agreement can be reached without filing cloture on the bill.  Senators will be notified if an agreement is reached and when votes are scheduled.

By consent, the previous order to adopt them motion to proceed to S.3187, the FDA bill, has been delayed until 12:30pm today. The Majority Leader will be recognized prior to adoption of the motion to proceed.

By consent, the previous order to adopt them motion to proceed to S.3187, the FDA bill, has been delayed until 2:15pm today. The Majority Leader will be recognized prior to adoption of the motion to proceed. As a reminder, the previous order is to adopt the motion to proceed and agree to the Harkin-Enzi substitute amendment by consent.

The Senate has reached an agreement to limit amendments to S.3187, the FDA bill, to those amendments listed below. No other amendments are in order. There will be 30 minutes for debate on each amendment, except for the McCain amendment, and 60 minutes on the bill, both equally divided in the usual form. There will be 2 hours equally divided on the McCain amendment #2107.

At 2pm on Thursday, May 24, all debate time will be considered expired and the Senate will proceed to vote in relation to the amendments in the order listed. Amendments are subject to a majority vote except where noted with a 60 affirmative vote thresholds. There will be 2 minutes for debate prior to each vote. All votes after the first vote will be 10 minutes in duration. No motions or points of order are in order to the amendment or the bill other than budget points of order and the applicable motions to waive or motions to table. Upon disposition of the amendments, the Senate will proceed to vote on passage of S.3187, as amended.

Further upon disposition of the FDA bill, the Senate will proceed to the consideration of S.2343, the Student Loan interest rate bill. There will be 10 minutes for debate prior to a series of 2 roll call votes. The first, in relation to McConnell, or designee, amendment, which is identical to the text of S.2366, and then on passage of S.2343, as amended, if amended. The amendment and bill are subject to 60-vote thresholds. No motions or points of order are in order to the amendment or the bill other than budget points of order and the applicable motions to waive. If the bill does not achieve 60 affirmative votes, S.2343 will be returned to the Calendar.  Senator Reid’s previously entered motion to reconsider the failed cloture vote is withdrawn.

Amendments in order to the FDA bill:

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

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

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

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

– Cardin #2125 (health benefits/risks);

– Cardin #2141 (FDA report – small business);

– Grassley #2121 (whistleblower protections III);

– Grassley #2129 (GAO report – clinical trials);

– Manchin #2151, as modified [or new version??] (reclassifying hydrocodone under Controlled Substances Act)**;

– Portman #2146, as modified (Synthetic drugs – controlled substances);

– Portman #2145, as modified (Rx drug monitoring);

– Reed #2126 (Sunscreen testing/labeling); and

– Coburn #2132 (FDA employee performance standards)**;

– Coburn #2131 (Drug Application Review Process)**;

– Durbin #2127 (dietary supplements)**;

– Paul #2143 (supplements)]**;

– Burr #2130 (Congress – user fee negotiations)**.

** indicates the most likely targets for roll call votes.

The following amendments are pending to S.3187, the FDA user fees bill:

• Durbin amendment #2127 (dietary supplements)
• Sanders amendment #2109 (criminal fraud/exclusivity)
• Coburn amendment #2131 (drug application review process)
• Coburn amendment #2132 (FDA employee performance standards)
• Burr amendment #2130 (Congress – user fee negotiations)
• Murkowski amendment #2108 (genetically engineered salmon)
• Paul amendment #2143 (supplements)

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

WRAP UP

No ROLL CALL VOTES

LEGISLATIVE ITEMS

Discharged the Banking committee and passed S.2367, a bill to strike the word “lunatic” from Federal law, and for other purposes.

Passed H.R.4097, the John F. Kennedy Center Reauthorization Act of 2012.

Completed the Rule 14 process of S.3220, the Paycheck Fairness Act. (Mikulski and others)

Completed the Rule 14 process of S.3221, the Rewarding Achievement and Incentivizing Successful Employees Act. (Rubio and others)

No EXECUTIVE ITEMS

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