Daily Whipline

December 8, 2010

Whipline

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Floor Schedule and Procedure

• H. Res. 1752 - H. Res. 1752 - Waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules, and providing for consideration of motions to suspend the rules. (Rep. Polis – Rules):  The rule waives clause 6(a) of Rule XIII (requiring a two-thirds vote to consider a rule on the same day it is reported from the Rules Committee) against certain resolutions reported from the Rules Committee.  The rule applies the waiver to any resolution reported through the legislative day of December 18, 2010.  The rule provides that measures may be considered under suspension of the rules at any time through the legislative day of December 18, 2010. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section. Debate on the rule will be managed by Rep. Polis, and consideration will proceed as follows:
  • One hour of debate on the rule.
  • Possible vote on a Democratic Motion ordering the previous question. Democrats are urged to vote yes.
  • Vote on adoption of the rule. Democrats are urged to vote yes.


• H. Res. ____ – Rule to provide for consideration of CR/Food Safety: House Amendment to the Senate Amendment to H.R. 3082 - Full-Year Continuing Appropriations Act, 2011/FDA Food Safety Modernization Act:  The Committee on Rules plans to report out this rule today.  Consideration will proceed as follows:
  • One hour of debate on the rule.
  • Possible vote on a Democratic Motion ordering the previous question. Members are urged to vote yes.
  • Vote on adoption of the rule. Members are urged to vote yes.


• H.J.Res. __ - Making Further Continuing Appropriations for Fiscal Year 2011 (Rep. Obey – Appropriations):  Consideration of the bill will proceed pursuant to a rule to be reported out by the Committee on Rules today.


• Further Action on H.R. 1751 - Further Action on the American Dream Act:  Consideration of the bill will proceed pursuant to a rule to be reported by the Committee on Rules.


• Possible Further Action on the Food Safety Enhancement Act: Consideration of the bill will proceed pursuant to a rule to be reported by the Committee on Rules today.


• Suspension Bills: Today, the House will consider several bills on the Suspension calendar.  Bills considered on the Suspension calendar are debatable for 40 minutes; may not be amended; and require a two-thirds vote for passage.  If a recorded vote is requested, it will be postponed.
  
  1. H.R. 5987 - Seniors Protection Act of 2010 (Rep. Pomeroy - Ways and Means)
  
  
  2. S. 3789 - Social Security Number Protection Act of 2010 (Sen. Feinstein - Ways and Means)
  
  
  3. H.Res. 1746 - Recognizing and supporting the efforts of Welcome Back Veterans to augment the services provided by the Departments of Defense and Veterans' Affairs in providing timely and world-class care for veterans and members of the Armed Forces suffering from PTSD and related psychiatric disorders (Rep. Israel - Veterans' Affairs)
  
  
  4. H.R. 5470 - To exclude an external power supply for certain security or life safety alarms and surveillance system components from the application of certain energy efficiency standards under the Energy Policy and Conservation Act (Rep. Pallone - Energy and Commerce)
  
  
  5. H.R. 4501 - Guarantee of a Legitimate Deal Act (Rep. Weiner - Energy and Commerce)
  
  
  6. H.R. 5012 - Weekends Without Hunger Act (Rep. Titus - Education and Labor)
  
  
  7. S. 3817 - CAPTA Reauthorization Act of 2010 (Sen. Dodd - Education and Labor)
  
  
  8. H.R. 6495 - Robert C. Byrd Mine Safety Protection Act of 2010 (Rep. George Miller - Education and Labor)


• Postponed Suspension Votes:
  
  1. H.Res. 1531 - Expressing support for designation of 2011 as "World Veterinary Year" to bring attention to and show appreciation for the veterinary profession on its 250th anniversary (Rep. Schrader - Oversight and Government Reform)
  
  
  2. H.Res. 1704 - Honoring the 2500th anniversary of the Battle of Marathon (Rep. McGovern - Foreign Affairs)
  
  
  3. H.Res. 1402 - Recognizing the 50th anniversary of the National Council for International Visitors, and expressing support for designation of February 16, 2011, as "Citizen Diplomacy Day" (Rep. Moran (VA) - Foreign Affairs)
  
  
  4. H.Res. 1717 - Congratulating imprisoned Chinese democracy advocate Liu Xiaobo on the award of the 2010 Nobel Peace Prize (Rep. Smith (NJ) - Foreign Affairs)
  
  
  5. H.Res. 1540 - Supporting the goal of eradicating illicit marijuana cultivation on Federal lands and calling on the Director of the Office of National Drug Control Policy to develop a coordinated strategy to permanently dismantle Mexican drug trafficking organizations operating on Federal lands (Rep. Herger - Judiciary)
  
  
  6. S. 3998 - Criminal History Background Checks Pilot Extension Act of 2010 (Sen. Schumer - Judiciary)
  
  
  7. H.R. 3353 - To provide for American Samoa and the Commonwealth of the Northern Marianas to be treated as States for certain criminal justice programs (Rep. Sablan - Judiciary)
  
  
  8. H.R. 6412 - Access to Criminal History Records for State Sentencing Commissions Act of 2010 (Rep. Scott (VA) - Judiciary)

Bill Summary & Key Issues

Summary of H.J.Res. __ - Making Further Continuing Appropriations for Fiscal Year 2011 

2011 Full Year Funding Resolution

Summary of H.R. 1751 – America Dream Act 

Later this week, the House is expected to consider the DREAM Act.

The Dream Act is bipartisan, targeted legislation that gives students who are already here and have grown up in the United States a chance to contribute to our country’s well-being by serving in the Armed Forces or pursuing a higher education.  The bill is good for our economy, our security, and our nation.  

Following is an overview of some of the bill’s key provisions.

• Under the bill, a Dream Act applicant who meets the bill’s requirements becomes a “conditional nonimmigrant.”  The Dream Act would allow an individual to obtain this conditional status only if he or she meets all of the following requirements:
  
  • was brought to the United States as a child (15 years old or younger);
  • is currently 29 years old or younger;
  • has lived in the U.S. for 5 years or more before the date of enactment;
  • has graduated from an American high school, has obtained a GED, or is admitted to an institution of higher education;
  • has been a person of “good moral character,” as defined by our immigration laws, from the date the individual initially entered the United States;
  • submits biometric and biographic information and completes security and law-enforcement background checks;
  • undergoes a medical examination;
  • registers for the Selective Service; and
  • pays a significiant surcharge in connection with the initial application.


• The Dream Act further limits eligibility for conditional status by specifically excluding anyone who:
  • has committed one felony or three misdemeanors;
  • is likely to become a public charge;
  • has engaged in voter fraud or unlawful voting;
  • has committed marriage fraud;
  • has abused a student visa;
  • has engaged in persecution; or
  • poses a public health risk.


• While they are in conditional status, Dream Act participants are excluded from receiving government subsidies to participate in the health insurance exchanges created by the Affordable Care Act.  They also would be ineligible for Medicaid, Food Stamps and other entitlement programs.  Furthermore, they are prohibited from obtaining Pell grants, Federal supplemental educational opportunity grants, and other federal grants.  However, they would be eligible for federal work study and student loans as well as social insurance programs to which they have contributed, as this would require them to earn or repay the money they need for their education.


• Conditional nonimmigrant status must be terminated if the participant fails to continue to meet the conditions for receiving that status, including having good moral character, keeping a clean criminal record, and staying self-sufficient.  If the applicant has joined the military, status must be terminated if the applicant receives a dishonorable or other than honorable discharge.


• Under the bill, a successful Dream Act applicant receives a conditional status for an initial period of 5 years.  After those 5 years, the individual applies for an extension of their conditional status for a second period of 5 years.  The Dream Act would allow an individual to obtain the 5-year extension of their conditional status only if he or she meets all of the following requirements:
  
  • has demonstrated good moral character during the 5-year period they have had conditional status;
  • has lived continuously in the United States during the 5 years; and
  • has either:
    
    1. earned a degree from an institution of higher education;
    2. completed at least two years of post-secondary education in good standing towards a bachelor’s degree; or
    3. served in the U.S. Armed Forces for at least two years and, if discharged, has received an honorable discharge.

• After 10 years in conditional status, the Dream Act then gives this limited group of young, highly-motivated individuals the chance to earn lawful permanent resident status, but only if the applicant meets all of the following additional standards:
  
  • has paid taxes;
  • has demonstrated the ability to read, write, and speak English and demonstrates knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States;
  • has maintained good moral character throughout the 10 years;
  • has lived continuously in the United States throughout the 10 years; and
  • has once more submitted biometric and biographic information and completed security and law-enforcement background checks.


• The Dream Act also contains a one-year application deadline.  An individual would be required to apply for conditional status within one year of obtaining a high school degree or a GED or the effective date of interim regulations under the Act.


• The Dream Act places the burden of proof on the applicant.  An individual would be required to demonstrate eligibility for the Dream Act by a preponderance of the evidence.

Summary of FDA Food Safety and Modernization Act

Section-by-Section Summary: PDF 

Later this week, the House is expected to consider the FDA Food Safety and Modernization Act. On November 30, the Senate approved the FDA Food Safety and Modernization Act, by a large majority, 73-25.The Senate bill provides for the same general approach to improving food safety as the version passed by the House in 2009, also by a large majority, 283-142. 

Recent outbreaks of food-borne illness and nationwide recalls of contaminated food from both domestic and foreign sources highlight the need to modernize and strengthen our nation’s food safety system. The FDA Food Safety Modernization Act is a bipartisan plan that provides new food safety tools and updates food safety standards to ensure the safety of our food supply.

» Improves Our Capacity to Prevent Food Safety Problems

• Hazard analysis and preventive controls: Facilities must identify, evaluate, and address hazards and prevent adulteration via a food safety plan. In certain circumstances, gives FDA access to these plans and relevant documentation.
• Access to facility records: Expands FDA access to a registered facility’s records in a food emergency.
• 3rd party testing: Provides for laboratory accreditation bodies to ensure U.S. food testing labs meet high quality standards and, in certain circumstances, requires food testing performed by these labs to be reported to FDA. Allows FDA to enable qualified 3rd parties to certify that foreign food facilities comply with U.S. food safety standards.
• Imports: Requires importers to verify the safety of foreign suppliers and imported food. Allows FDA to require certification for high-risk foods, and to deny entry to a food that lacks certification or that is from a foreign facility that has refused U.S. inspectors.

» Improves Our Capacity to Detect and Respond to Food-borne Illness Outbreaks

• Inspection –Increases the number of FDA inspections at all food facilities.
• Surveillance – Enhances food-borne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on food-borne illnesses.
• Traceability – Enhances tracking and tracing of high-risk foods and directs the Secretary to establish a pilot project to test and evaluate new methods for rapidly and effectively tracking and tracing food in the event of a food-borne illness outbreak.
• Mandatory Recall – Allows FDA to initiate a mandatory recall of a food product when a company fails to voluntarily recall the contaminated product upon FDA’s request.
• Suspension of Registration – Allows FDA to suspend a food facility’s registration if there is a reasonable probability that food from the facility will cause serious adverse health consequences or death.

» Enhances U.S. Food Defense Capabilities – Directs FDA to help food companies protect their products from intentional contamination, and calls for a national strategy to protect our food supply from terrorist threats and rapidly respond to food emergencies.

» Increases FDA Resources – Authorizes increased funding for FDA’s food safety activities, such as hiring personnel, and includes targeted non-compliance fees for domestic and foreign facilities.

» Regulatory Flexibility – Modernizes our food safety system without being burdensome. Provides training for facilities to comply with the new safety requirements and includes special accommodations for small businesses and farms. Exempts small businesses from certain aspects of the produce standards and preventive control requirements.

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