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: Marler Blog

Thanks Phil Brasher for explaining the unexplainable in the Senate on Food Safety

By Bill Marler, Esq.

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Brasher.jpgI stole the below from Phil Brasher, as he has given the best explanation of the unexplainable.

The Senate has put off finishing work on an overhaul of federal food-safety regulations until after the Thanksgiving holidays. However, Senate Democratic leaders have announced a deal on the amendments they're considered. They will include a ban on spending earmarks sought by Sen. Tom Coburn, R-Okla., Corburn also has a substitute bill 'to modernize Federal food safety efforts without placing unnecessary burdens on food producers, increasing food prices, or saddling taxpayers with additional debt.' Sen. Mike Johanns, R-Neb., is planning another run at killing a tax reporting provision that was used to pay for the overhaul of the health-care system.

Remember that whatever the Senate passes still must be merged with a House-passed bill or else the House will have to approve the Senate bill as is.

Here's the agreement on how to proceed on the bill in the Senate: (The Harkin amendment is the bill language that's being substituting for what came out of the Senate health committee a year ago. Sen. Tom Harkin, D-Ia., is the chairman of that committee and the manager of the bill.)

On Monday, November 29, 2010, at 6:30pm, the Senate will proceed to a roll call vote on the motion to invoke cloture on the Harkin amendment in the nature of a substitute (#4713).

Following disposition of the motions, the Harkin substitute amendment (#4715, as amended, if amended), will be agreed to, the cloture motion on the underlying bill will be withdrawn, and the Senate will proceed to vote on final passage of the FDA Food Safety Modernization Act (S. 510, as amended).

If any motion to suspend is successful, the Senate will immediately proceed to vote on the amendment. No further motions or amendments are in order.

  • Coburn motion to suspend Rule XXII for the purpose of proposing and considering Coburn amendment in the nature of a substitute, to modernize Federal food safety efforts without placing unnecessary burdens on food producers, increasing food prices, or saddling taxpayers with additional debt. (#4696)
  • If cloture is invoked, all post-cloture debate time will be yielded back, with the exception of debate as set forth below.

There will be up to 60 minutes of debate on the following motions, with the time equally divided and controlled between Senators Baucus and Johanns:

  • Johanns motion to suspend Rule XXII for the purpose of proposing and considering Johanns amendment to repeal the expansion of information reporting requirements for payments of $600 or more to corporations, and for other purposes. (#4702)
  • Baucus motion to suspend Rule XXII for the purpose of proposing and considering Baucus amendment in the nature of a substitute. (#4713)

There will be a total of four hours for debate with respect to the following motions with the time equally divided and controlled between Senators Coburn and Inouye, or their designees:

  • Coburn motion to suspend Rule XXII for the purpose of proposing and considering Coburn amendment in the nature of a substitute, to modernize Federal food safety efforts without placing unnecessary burdens on food producers, increasing food prices, or saddling taxpayers with additional debt. (#4696)
  • Coburn motion to suspend Rule XXII for the purpose of proposing and considering Coburn-McCaskill amendment to establish an earmark moratorium for fiscal years 2011, 2012, and 2013. (#4697)

Upon the use or yielding back of time specified in this agreement, the Senate will proceed to vote with respect to the motions to suspend in the order listed:

  • Johanns motion to suspend Rule XXII for the purpose of proposing and considering Johanns amendment to repeal the expansion of information reporting requirements for payments of $600 or more to corporations, and for other purposes. (#4702)
  • Baucus motion to suspend Rule XXII for the purpose of proposing and considering Baucus amendment in the nature of a substitute. (#4713)
  • Coburn motion to suspend Rule XXII for the purpose of proposing and considering Coburn-McCaskill amendment to establish an earmark moratorium for fiscal years 2011, 2012, and 2013. (#4697)

Full post as published by Marler Blog on November 20, 2010 (boomark / email).

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