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Tag Archives: Amendment in the nature of a substitute

S. 3187, “Food and Drug Administration Safety and Innovation Act” passes in Senate

Prior to adjourning for the Memorial Say recess, the Senate, on 05/24/2012, by a vote of 96-1, passed  S. 3187, the "Food and Drug Administration Safety and Innovation Act", " To amend the Federal Food, Drug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs and medical devices, to establish user-fee programs for generic drugs and biosimilars, and for other purposes", after previously adopting an amendment in the nature of a substitute-  an amendment in the nature of a substitute strips all of the language of a bill following the enacting clause and replaces it with new language – offered by Senator Tom Harkin (D-Iowa). Included as part of the language of the amendment was Title XI – Other Provisions, Subtitle C- Misc. Provisions, Section 1133, "Nanotechnology Regulatory Science Program":

SEC. 1133. NANOTECHNOLOGY REGULATORY SCIENCE PROGRAM.

    (a) In General- Chapter X (21 U.S.C. 391 et seq.) is amended by adding at the end the following:

`SEC. 1013. NANOTECHNOLOGY REGULATORY SCIENCE PROGRAM.

    `(a) In General- Not later than 180 days after the date of enactment of the Food and Drug Administration Safety and Innovation Act, the Secretary, in consultation as appropriate with the Secretary of Agriculture, shall establish within the Food and Drug Administration a Nanotechnology Regulatory Science Program (referred to in this section as the `program’) to enhance scientific knowledge regarding nanomaterials included or intended for inclusion in products regulated under this Act or other statutes administered by the Food and Drug Administration, to address

FY 2012 National Defense Authorization Act: The Senate Version

On June 17, 2011, the Senate Committee on Armed Services announced that S. 1253, the National Defense Authorization Act for FY 2012 had been passed unanimously and had been reported out of Committee and sent on to the Senate for debate.

S. 1253 provided $200 million in funding for the "Rapid Innovation Program" established by PL 111-383, the 2011 National Defense Authorization Act.  $50 million of this is directed to the development of advanced materials, including nanomaterials, as described in S. Report 112-26

    2. Developing advanced materials: $50.0 million for increased investment in a broad range of materials technologies, both organic and inorganic, that can provide enhanced performance in extreme environments; enhanced strength and reduced weight for the spectrum of applications from aerospace to lighter soldier loads; enhanced survivability of ground, air, and naval systems; and tailored physical, optical, and electromagnetic properties for a wide variety of the challenging environments and unique properties demanded of military systems. Such materials could include advanced composites and metals, nanomaterials, and rare-earth alternatives. Investments could also address new techniques for manufacturing and processing these materials, including advancements in forming, joining, and machining. Whether increasing survivability or improving fuel efficiency for greater performance, advanced materials are a foundational enabling component of military systems across all services and all warfighting domains;

S. Rept. 112-26 also contains the following language, which doesnot appear in S. 1253 as reported:

Nanotechnology research

The Department of Defense (DOD) is one of 25 federal agencies that are part of the National Nanotechnology …

Senate Amends and Passes H.R. 5116 America COMPETES Reauthorization Act of 2010

UPDATE

The House agreed to the Senate amendment to HR 5116 on 12/21/2010. We’ll discuss the implications of this in more detail after the Xmas holiday.

The Senate unanimously passed H.R. 5116 on Friday 12/17/2010, after first adopting an amendment in the nature of a substitute. As opposed to the version of H.R. 5116 that was passed in the House, the language of the amended version contains no provisions to reauthorize the National Nanotechnology Initiative (NNI). As amended and passed by the Senate, the language of H.R. 5116 contains no references to nanotechnology at all.

The amended bill, basically a reduced version of S. 3605 as reported out of committee on 12/10/2010, reduces the amounts appropriated for various agencies such as the National Science Foundation and the National Institute of Standards and Technology, from $84 billion to $43 billion over a three year period.

Having been passed by the Senate in an amended version, H.R. 5116 must now go back to the House for another vote to accept the Senate’s amendment. If this happens, then the bill will go to President Obama to be signed into law. However, if the House disagrees with the amendment, the bill would be sent to a Conference Committee, composed of Senators and Representatives appointed by Senate Majority Leader Harry Reid and Speaker of the House Nancy Pelosi, charged with the task of creating a comprise version that would be acceptable to both the House and Senate. It is possible that an amendment reauthorizing …

The America COMPETES Reauthorization Act of 2010

To retain respect for sausages and laws, one must not watch them in the making

Prince Otto von Bismarck

On April 22, 2010, Rep. Bart Gordon of Tennessee introduced HR 5116, the America COMPETES Reauthorization Act of 2010, which was then referred to the House Committee on Science and Technology and the House Committee on Education and Labor.

The bill’s focus, as it’s title implies, is on reauthorizing the America COMPETES Act passed in 2007. Both the original act provided government support for innovation, research and development, increased funding for science, technology, engineering and math (STEM for short) in high schools and colleges, and assistance in getting the results of research and development out to the private sector, ultimately leading to the emergence of new industries and an expansion of the economy. The Reauthorization act would have expanded on this and would have included other areas, such as a reorganization of the National Institutes of Standards and Technology.

The House Committee on Science and Technology reported the bill out of committee with an amendment in the nature of a substitute; all of the language after the enacting clause was stripped out and new language substituted. Both the bill as introduced and the bill as reported to the House have the same language for Title I, "Science and Technology Policy", Subtitle A, "The National Nanotechnology Initiatives Amendments Act of 2010", which will be our focus here.

Section 102, "National Nanotechnology Program Amendments" would require, within 12 months of the bill’s enactment into …

The SBIR/STTR Reauthorization Act of 2009

The House passed HR 2965, "The Enhancing Small Business Research and Innovation Act of 2009", introduced by Rep. Jason Altmire of Pennsylvania on 06/19/2009,  on July 8, 2009 after adopting an amendment in the nature of a substitute and sent it on to the Senate for consideration.

Both HR 2965 and it’s Senate companion S. 1233 had the same purpose, to reauthorize and expand the Small Business Innovation Research and Small Business Technology Transfer programs ( S. Rept. 111-37 gives a brief description and history of these programs) which are scheduled to be expire at the end of this month. These programs were designed to direct some of the federal R&D funds to small businesses, including those involved in nanotechnology and nanoindustry.

On Monday July 13, 2009, the Senate voted to amend S. 1233 by adopting an amendment in the nature of a substitute (this means, for anyone not familiar with the term, that the language of the bill after the enacting clause – "Be in enacted by the Senate and House of Representatives of the United States in Congress assembled" – is stripped out and entirely new language substituted in its place). After adopting another amendment of a perfecting nature, the Senate proceeded to call up HR 2965 and proceeded to amend it by substituting the language of S. 1233 and returning it to the Senate Calendar, to be called up again at a later date. For the amended version of HR 2965, look here.

In both versions …

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