Daily Whipline

December 21, 2010

Whipline

Floor Schedule and Procedure

• H. Res. 1781 – Rule providing for consideration of Senate amendment to H.R. 5116 - America COMPETES Reauthorization Act of 2010 and Senate amendments to H.R. 2751 - FDA Food Safety Modernization Act and Senate amendment to H.R. 2142 - GPRA Modernization Act of 2010 (Rep. McGovern – Rules):  The rule provides for the consideration of the Senate amendment to H.R. 5116.  The rule makes in order a motion by the chair of the Committee on Science and Technology that the House concur in the Senate amendment. The rule provides one hour of debate on the motion equally divided and controlled by the chair and ranking minority member of the Committee on Science and Technology.  The rule waives all points of order against consideration of the motion except those arising under clause 10 of rule XXI.  The rule provides that the Senate amendment shall be considered as read.  The rule further provides for the consideration of the Senate amendments to H.R. 2751.  The rule makes in order a motion by the chairman of the Committee on Energy and Commerce or his designee that the House concur in the Senate amendments to H.R. 2751.  The rule provides one hour of debate on the motion equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce.  The rule waives all points of order against consideration of the motion except those arising under clause 10 of rule XXI.  The rule provides that the Senate amendments shall be considered as read.  The rule further provides for the consideration of the Senate amendment to H.R. 2142.  The rule makes in order a motion by the chair of the Committee on Oversight and Government Reform that the House concur in the Senate amendment.  The rule provides one hour of debate on the motion equally divided and controlled by the chair and ranking minority member of the Committee on Oversight and Government Reform.  The rule waives all points of order against consideration of the motion except those arising under clause 10 of rule XXI.  The rule provides that the Senate amendment shall be considered as read. Debate on the rule will be managed by Rep. McGovern, and 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.


• Motion to Concur in the Senate Amendment to H.R. 5116 - America COMPETES Reauthorization Act of 2010 (Rep. Gordon - Science and Technology): Pursuant to H.Res.1781, debate on the motion to concur in the Senate amendment will be managed by Science and Technology Committee Chairman Bart Gordon or his designee.  Consideration of the motion will proceed as follows:
  • One hour of general debate on the motion to concur.
  • Vote on the motion to concur.  Members are urged to VOTE YES.


• Motion to Concur in the Senate Amendment to H.R. 2142 - Government Efficiency, Effectiveness, and Performance Improvement Act (Rep. Cuellar - Oversight and Government Reform): Pursuant to H.Res.1781, debate on the motion to concur in the Senate amendment will be managed by Oversight and Government Reform Committee Chairman Ed Towns or his designee.  Consideration of the motion will proceed as follows:
  • One hour of general debate on the motion to concur
  • Vote on the motion to concur.  Members are urged to VOTE YES.


• Motion to Concur in the Senate Amendment to H.R. 2751 – FDA Food Safety Modernization Act (Reps. Waxman/Dingell - Energy and Commerce): Pursuant to H.Res.1781, debate on the motion to concur in the Senate amendment will be managed by Energy and Commerce Committee Chairman Henry Waxman or his designee.  Consideration of the motion will proceed as follows:
  • One hour of general debate on the motion to concur.
  • Vote on the motion to concur.  Members are urged to VOTE YES.


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


• 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. Senate Amendment to H.R. 81 - Shark Conservation Act (Rep. Bordallo - Natural Resources)


2. Senate Amendment to H.R. 5809 - Diesel Emissions Reduction Act of 2010 (Rep. Inslee - Energy and Commerce)


3. H.R. 6540 - To require the Secretary of Defense, in awarding a contract for the KC-X Aerial Refueling Aircraft Program, to consider any unfair competitive advantage that an offer or may possess (Rep. Inslee - Armed Services)


4. H.R. 6547 - To amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees (Rep. George Miller - Education and Labor)


5. S. 118 - Section 202 Supportive Housing for the Elderly Act (Sen. Kohl - Financial Services)


6. S. 1481 - Frank Melville Supportive Housing Investment Act (Sen. Menendez - Financial Services)


7. S. 3243 - Anti-Border Corruption Act of 2010 (Sen. Pryor/Rep. Shuler - Homeland Security)


8. S. 2925 - Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2010 (Sen. Wyden - Judiciary)


9. Senate Amendment to H.R. 4748 - Northern Border Counternarcotics Strategy Act of 2010 (Rep. Owens - Judiciary)

Bill Summary & Key Issues

Summary of H.R. 5116 - America COMPETES Reauthorization Act of 2010

PROVISIONS INCLUDED BOTH HOUSE AND SENATE BILLS

Office of Science and Technology Policy

• Establishes an interagency STEM education coordination committee, with minor changes 
• Establishes an interagency committee for coordination of manufacturing R&D, with minor changes
• Ensures proper stewardship of federal scientific collections
• Establishes an interagency public access committee, with minor changes

National Science Foundation

• Reauthorizes NSF
• Contains National Science Board administrative amendments, with minor changes
• Establishes a National Center for Science and Engineering Statistics
• Requires NSF to clarify policies regarding the broader impacts review criterion
• Authorizes grants in manufacturing research and education
• Requires a National Science Board report on mid-scale instrumentation
• Authorizes a Partnerships for Innovation program  
• Authorizes prize awards, Senate bill broadens authority to all agencies
• Authorizes grants in green chemistry basic research
• Expresses a Sense of Congress on Collaboration in planning for stewardship of large-scale facilities
• STEM Education Programs –
  • Ensures that the NSF IGERT program continues to grow and increases slightly the cost of education allowance for all graduate fellowships and traineeships
  • Authorizes a program of grants for twenty-first century graduate education
  • Establishes a new scheme for cost-sharing of certain grants, to be based on the size of the grant, under the Noyce Teacher Scholarship Program  
  • Prohibits certain undergraduate broadening participation programs from being consolidated, with minor changes
  • Authorizes a program of research experiences for undergraduates
  • Authorizes a STEM industry internship program, with minor changes
  • Authorizes a Tribal Colleges and Universities Program
  • Requires NSF to identify ways to use cyber-enabled learning for national challenges

National Institute of Standards and Technology

• Reauthorizes NIST
• Raises the Director of NIST to the Under Secretary of Commerce for Standards and Technology
• Manufacturing Extension Partnership –
  • Requirement for the program to provide to community colleges information about the job skills needed in small- and medium-sized manufacturing businesses in the region
  • Establishment of an Innovative Services Initiative to assist small- and medium-sized manufacturers in reducing their energy usage and environmental waste and accelerating the domestic commercialization of new product technologies
  • Requirement that NIST asses its governance of the program using the Baldrige criteria
  • Makes the advisory committee permanent
  • Requiring the Director to do an evaluation of obstacles unique to small manufacturers
• Establishment of a research initiative to support the development of emergency communication and tracking technologies for locating trapped individuals in confined spaces, including underground mines, and other shielded environments, such as high-rise buildings
• Establishment of a green manufacturing and construction initiative at NIST 
• Requirement to give consideration to the goal of promoting the participation of underrepresented minorities when awarding research fellowships and postdoctoral fellowships and requirement to give special consideration to applications from teachers from high-needs schools in its summer teacher development program

Innovation

• Establishment of an Office of Innovation and Entrepreneurship at the Department of Commerce
• Establishment of a program at the Department of Commerce to provide loan guarantees to small- and medium-sized manufacturers for the use or production of innovative technologies
• Establishment of a regional innovation program at the Department of Commerce to encourage and support the development of regional innovation strategies, including regional innovation clusters. 

Department of Energy

• Offers a straight reauthorization of the Basic Research programs in Office of Science at the Department of Energy  
• Reauthorizes the Advanced Research Projects Agency – Energy with minor changes.
• Reauthorizes several STEM education programs: early career awards, graduate fellowships, teacher summer institutes and nuclear science and hydrocarbon systems science higher education scholarships/capacity building.
• Repeals of unfunded DOE STEM education/training programs authorized in

NEW PROVISIONS IN SENATE BILL ONLY

National Science Foundation

• Authorizes research experiences for high school students as part of research grants
• Authorizes a UTeach replication program  
• Establishes detailed reporting guidelines and requires stronger interagency coordination for the EPSCoR program, which is designed to diversify the types and locations of institutions that successfully apply for federal research funding.
• Expresses a Sense of the Senate on NSF’s basic research mission
• Expresses a Sense of the Senate on the importance of the STEM Talent Expansion Program
• Requires grantee reports on commercialization strategy and results for all universities receiving more than $25 million in federal research funding
• Requires a National Academies study to develop improved impact on society metrics for federal research investments
• Authorizes grants in support of sponsored post-doctoral fellowship programs
• Authorizes research in cloud computing and requires a report on cloud computing research opportunities and challenges.

National Institute of Standards and Technology

• Strikes a provision in existing law that requires NIST to select post-doctoral research fellows in conjunction with the National Academy of Sciences
• Strikes a provision in existing law that sets a cap (of 1.5% of its budget) to support research fellowships
• Repeals a provision establishing a Commerce, Science, and Technology Fellowship program
• Requires GAO to report to Congress within 90 days of enactment a recommendation for how the MEP cost share ought to be structured to provide for the long-term sustainability of the program and requires NIST to implement the cost share structure recommended by GAO if the recommended cost share for the government is between 1/3 (current cost share) and 50%.  
• Includes a separate title which refocuses an authorized competitive grant program under MEP to fund proposals that promote environmentally focused materials, products, and processes and increase energy efficiency, and expands it to include the construction industry  

Innovation

• Expands the manufacturing loan guarantee program to permit loan guarantees to small- and medium-sized manufacturers to commercialize an innovative product, process, or idea that was developed by research funded in whole or in part by a grant from the Federal Government 
• Authorizes the Secretary of Commerce, as part of the regional innovation strategies program, to provide grants for feasibility studies and plans for the construction of new
• science parks or the renovation or expansion of existing science parks and to provide loan guarantees for the construction or expansion of science park infrastructure 
• Requires the Secretary of Commerce, within one year of enactment, to complete a comprehensive study of the economic competitiveness and innovative capacity of the United States; the study is to include an analysis of the U.S. economy and innovation infrastructure, as well as an assessment of various competitiveness and innovative capacity factors. 
  • Establishes an Innovation Advisory Board, a majority of members being from private industry, to provide advice with respect to the above-mentioned study  
  • Requires the Secretary of Commerce, within one year of the completion of the study, to develop a national 10-year strategy to strengthen the innovative and competitive capacity of the Federal Government, State and local governments, institutions of higher education, and the private sector; the strategy is to include actions to be taken by individual Federal agencies, proposed legislative actions, annual goals and milestones, and a plan for monitoring progress
• Requires the Secretary of Commerce, in consultation with the Secretary of Energy and the Director of OSTP, to conduct a study of the barriers to the use of high-end computing simulation and modeling by small- and medium-sized manufacturers  

National Oceanic and Atmospheric Administration 

• Broadly authorizes oceanic and atmospheric research 
• Broadly authorizes the agency to engage in STEM Education
• Includes a study for scientific workforce for oceans and atmosphere

National Aeronautics and Space Administration

• Sense of Congress on NASA’s contribution to innovation and competitiveness
• Broadly authorizes the agency to engage in STEM education 
• Directs independent assessment of impediments to space science and engineering workforce development for minority and underrepresented groups at NASA
• Sense of Congress on the International Space Station as a valuable and unique asset for increasing educational opportunities and S&T innovation and directs evaluation and assessment of NASA’s interagency contribution to enhance STEM education 
• Amends Section 1003 of the NASA Authorization Act of 2010 to provide for a study of potential commercial orbital platform program impact on science, technology, engineering, and mathematics

Summary of H.R. 2142, the Government Efficiency, Effectiveness, and

Performance Improvement Act of 2010

H.R. 2142, the Government Efficiency, Effectiveness, and Performance Improvement Act will improve the efficiency and accountability of the federal government.

H.R. 2142 modernizes the Government Performance and Results Act of 1993.  It requires the Office of Management and Budget to develop government wide priority goals that cut across agency programs.  This will help agencies work together to reduce duplication and improve efficiencies.

The bill requires each agency to identify performance goals and to perform frequent performance reviews.  The bill improves the transparency of the performance management process by requiring the results of performance assessments to be made publicly available.  The bill provides greater accountability by requiring agencies to consider input from Congress and members of the public and by requiring the Government Accountability Office to evaluate agency implementation.  The bill also includes an enforcement mechanism with increasingly stringent requirements for agencies that do not meet performance goals.

The bill establishes a chief operating officer within each major agency that is tasked with improving the performance of the agency.  The bill also codifies language from Executive Order 13450, issued by President Bush, requiring that each agency designate a performance improvement officer and establishing a performance improvement council.

H.R. 2142 takes an important step toward reducing wasteful and duplicative agency reports.  The bill requires agencies to identify duplicative or unnecessary reports required by Congress and to make recommendations for streamlining those reports. 

Summary of H.R. 2751 - FDA Food Safety Modernization Act

The House today will be considering a motion to concur in the Senate Amendment to H.R. 2751, the FDA Food Safety Modernization Act. 

This bill provides for:

•          Expanded FDA authority to inspect records relating to food, and increased inspections of high-risk food facilities;

•          The creation of a more accurate registry of all food facilities serving American consumers;

•          Improved traceability of the history of food in the event of a foodborne illness outbreak;

•          Certification of certain foreign food imports as meeting all U.S. food safety requirements; and

•          Protection for whistleblowers that bring attention to important safety information.

The bill also contains provisions to address industry concerns, including:

•          Elimination of the registration fee imposed on facilities participating in the food system; and

•          A limited exemption for small food producers and processors that sell the majority of their food directly to consumers or to grocers within a circumscribed area and whose food sales are less than $500,000 per year.

The bill is supported by a broad range of consumer and industry groups, including:

•          American Beverage Association

•          American Frozen Food Institute

•          American Public Health Association

•          Center for Foodborne Illness Research & Prevention

•          Center for Science in the Public Interest

•          Consumer Federation of America (CFA)

•          Consumers Union

•          Food Marketing Institute

•          Grocery Manufacturers Association

•          International Bottled Water Association

•          International Dairy Food Associates

•          National Association of Manufacturers

•          National Consumers League

•          National Restaurant Association

•          Produce Marketing Association

•          Safe Tables Our Priority

•          The Pew Charitable Trusts

•          U.S. Chamber of Commerce

•          U.S. Public Interest Research Group

This bill is virtually identical to the version the House passed on December 8, 2010, as part of the continuing appropriations act.

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