US House Passes Food Safety Enhancement Act Of 2009 With Large Bipartisan Majority

Republicans did not like how the Democrats did it, but they provided enough votes Thursday to see the Food Safety Enhancement Act of 2009 pass the U.S. House of Representatives with a strong bipartisan vote of 283-to-142.

Just before passing the biggest food safety reform since 1938, the House Democrats had to turn back a “last stand” attempt led by mostly rural Republicans to send the bill back to committee "with instructions."   That died by an almost perfect party-line vote of 186 - to- 240.

Those “instructions” called for half the funds from new registration fees to be used to reimburse farmers for losses like those experienced last year by tomato growers when FDA erroneously thought they were responsible for a salmonella outbreak.  Growers claim that mistake by FDA cost them $100 million.

Defeat of the GOP motion cleared the way for passage of the most comprehensive reform of food safety in the United States since 1938 . It was adopted after a rule limiting amendments and limiting debate to one hour passed 249 to 180.

Michigan Democrat John Dingell, the longest serving member of the House, said H.R. 2749 “was old enough to vote” itself in that he has been working on reforms contained in the bill for 21 years.

Dingell read many sections of the bill aloud before the vote to assure small and organic farmers, livestock and grain farmers, and those concerned about environmental practices that the U.S. Food & Drug Administration (FDA) is not going to run wild as a result of the legislation.

Rep. Collin Peterson, Chairman of House Agriculture Committee, said with those changes Ag groups were either supportive or neutral on the FDA bill.

Yesterday, the same bill fell just short of getting the required two-thirds vote for fast-track passage with 280 votes in favor and 150 against.

Florida Republican Adam Putnam said H.R. 2749 would result in a “modern, effective regulatory system” becoming a reality.

FDA, which gets new risk-based inspection and trace-back authority along with a $500 per facility fee for the food-making facilities it regulates, will oversea both domestic and foreign food products that are imported to the U.S. 

“Foreigners now have to meet the same standards as Americans,” Dingell said.

Proponents argued that the reforms contained in H.R. 2749 are needed as much by consumers as producers.   “We have to have confidence in our food supply,” said Illinois Republican John Shimkus. 

Under H.R. 2749, FDA gets recall authority, immediate access to records, and subpoena authority.

New York Democrat Louise Slaughter, who managed the rule on the floor,  said 76 million food-borne illnesses and 5,000 deaths are reasons enough to bring H.R. 2749 back for a vote.  

The 132-page bill now goes to the Senate where Illinois Democrat Dick Durham is waiting with his own bill.   Likely as not, any Senate bill will contain enough differences to require a Conference Committee to work out differences. President Obama endorsed the House bill before today’s vote. 

U.S. House Again Takes Up H.B. 2749 On The Floor; Later Afternoon Vote Scheduled

The U.S. House of Representatives at 2:41 p.m. EDT began debating the rule under which H.B. 2749, the Food Safety Enhancement Act of 2009 will be considered later today.   Debate on the rule is scheduled to take one hour and debate on the bill is scheduled for another hour.  Here is a PDF copy of H.R. 2749 as it came to the floor.

House Ready To Resume Consideration of H.R. 2749, The Food Safety Enhancement Act of 2009

Here is what is going to happen today on the floor of the U.S. House of Representatives to get H.R. 2749, the Food Safety Enhancement Act of 2009, passed:

After the House gets through with the Defense Appropriations Act of 2010, it will turn to House Resolution 691, the rule for consideration of H.R. 2749. There will be one hour of debate on the rule. 

The rule provides that in lieu of the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce, the amendment in the nature of a substitute printed in the Rules Committee report accompanying the resolution shall be considered as adopted and the bill, as amended, shall be considered as read.  The rule provides one motion to recommit the bill with or without instructions. 

It is possible there will be a vote on a Democratic motion ordering the previous question; and then on the adoption of the rule.

Once it adopts the rule, the House will again consider H.R. 2749, the Food Safety Enhancement Act of 2009. There will be one hour of debate on the bill. There could be a Republican motion to recommit the bill (send it back to committee). Today, the vote on final passage will require only a majority to support it.

The Congressional Master John Dingell Will Get Food Safety Bill Adopted--You Can Count On It!

Congress today knocked H.R. 2749, the Food Safety Enhancement Act of 2009, off the fast track.   It fell six votes short of achieving the two-thirds necessary to pass without amendments under a suspension of House rules.

In the next couple of days, it will come up under regular order, meaning it can be adopted with a simple majority after being subjected to amendments on the floor.

However, the 280-150 vote H.R. 2749 won today was proof positive that there is still one master lawmaker in the House. 

The Food Safety Enhancement Act of 2009 is the bipartisan product of the House Energy & Commerce Committee and its prime sponsor, Michigan’s John Dingell.

For years, Dingell chaired the Energy and Commerce Committee. He lost the post before the 111th Congress convened in a 137-122 caucus vote to the more liberal Henry Waxman of California.

Dingell, who has served in Congress since 1955, used the time he gained by not being chairman to focus on legislation, like the food safety reform, that he really cares about.

He  built H.R. 2749 initially by molding it out of legislation that was introduced by Committee Democrats. He used the regular bill markup sessions to work with Committee Republicans and ended up with a unanimous bipartisan vote to get H.R. 2749 to the floor.

Prior to today’s floor action, Dingell worked with both the Majority and Minority on the House Agriculture Committee – eliminating feed grains and livestock from the bill for example---with enough changes to require three re-writes of the bill by late morning.

Clearly, Dingell’s spade work on both sides of the isle and crossing committee lines was helped move 50 Republicans to vote for the bill today. In an age of fierce partisanship and the Majority Party locking the Minority out of the process entirely, Dingell provided an unusual steady and fair hand at the helm.

“We are handling this bill in the way it should be handled in the proper bipartisan fashion,” Dingell said.

And after the GOP Floor Leader complained about new versions of the bill being filed right up until the House went into session, Rep. Joe Barton , the ranking Republican on the Energy & Commerce Committee, said:

"What our Minority Leader said is true, but as Paul Harvey use to say, it is not the rest of the story. Those different bills have been introduced as a result of changes I’ve asked for...In this bill, in this case…we have had an open bipartisan process.

That’s why 280 Members of Congress are now on record supporting H.R. 2749, and why it will pass the House before the August recess.

H.R. 2749 Killed (For Now) On Floor of U.S. Congress

John Dingell came up six or seven votes short today, and failed to get food safety reform legislation passed through Congress.

Dingell, the once powerful Michigan Democrat who lost his chairmanship of the Energy & Commerce Committee before the start of the 111th Congress, fell just short of getting the necessary two-thirds majority vote to suspend the rules and adopt H.R. 2749 as amended.

The House voted 280 in favor and 150 against suspending the rules and passing H.R. 2749. Twenty-three Democrats voted with 127 Republicans to deny Dingell the two-thirds majority vote required under the rules.   Fifty Republicans voted for the bill that Dingell had carefully crafted with help with Texas GOP Rep. Joe Barton.

While the proponents of the food safety legislation dominated the floor debate that stretched into a second hour,  House Minority Leader John Boehner, R- Ohio, compared the late number of rewrites of the food safety legislation filed with the House Clerk as repeating the bad behavior on the part of the Majority that was used to get the stimulus bill passed.  "Did anyone read this bill?" Boehner asked.

"What our Minority Leader said is true," Barton said, " but it is not, as Paul Harvey use to say, the rest of the story. Those different bills have been introduced as a result of changes I’ve asked for."

Barton seemed to be pleading with his Republican colleagues by saying : "In this bill, in this case…we have had an open bipartisan process."

House Agriculture Committee members acknowledged Dingell had consulted them and make changes in the bill, such as exempting feed grains and livestock; but they complained it was outside the regular process.

Dingell Makes Move To Get H.R. 2749 Vote On House Floor

The U.S. House of Representatives is now on the floor debating H.R. 2749 "to amend the Federal Food, Drug, and Cosmetic Act to improve the safety of food in the global market, and for other purposes."

Forty minutes of debate will be followed by a vote to suspend the rules and allow voting on final passage. A two-thirds vote will be necessary.

Michigan Congressman John Dingell made the motion to suspend the rules. "This is a piece of legislaltion that will stop Americans from being killed by bad food," Dingell said.

Both Democrats and Republicans are speaking out for the bill, but Rep. Frank Lucas, R-OK, has been given time to mount speakers against it. Lucas argues the bill actually being debated was not available until last night, and it would harm agriculture interests.

We will be back once the voting begins.