Child nutrition bill approved but no resolution on budget or tax cuts

WASHINGTON -- Congress will continue its lame-duck session after failing last week to produce a budget bill needed to fund the fiscal year that began in October.

The Senate did approve a food safety bill and rejected a three-year moratorium on congressional budget earmarks.

Meanwhile, the House approved a $4.5 billion increase in school-based nutrition programs. The House also voted to extend lapsing Bush-era tax cuts for middle-class families.

Bush-era tax cuts

The House voted 234-188 in favor of extending Bush-era tax cuts for families earning less than $250,000 a year. Higher-earners would see those expiring tax breaks elapse.

Reps. Shelley Berkley and Dina Titus, both D-Nev., voted for the bill. Rep. Dean Heller, R-Nev., voted against it.

Berkley argued for passage of the bill, saying it would "permanently extend middle-class tax relief which will provide much needed certainty to our small businesses" in a fiscally responsible way.

Among critics, Rep. Kevin Brady, R-Texas, said the vote was "political theater" because Senate Republicans will block anything less than an extension of all the Bush-era tax cuts that are set to expire on Jan. 1.

The Senate did just that on Saturday. A bill to let cuts expire for those with incomes above $200,000 for individuals and $250,000 for couples was blocked on a vote of 53-36, seven votes short of the 60 needed to advance. Republicans were unanimous in their opposition, and were joined by Democratic Sens. Russell Feingold of Wisconsin, Joe Manchin of West Virginia, Ben Nelson of Nebraska, Jim Webb of Virginia and independent Joseph Lieberman of Connecticut.

A second measure would have let taxes rise on incomes over $1 million. It appeared crafted to appeal to senators from states with large high-income populations and cast Republicans as protectors of the rich.

It was blocked on a vote of 53-37, also seven short of the 60 needed. A slightly different lineup of Democrats sided with Republicans, including Sens. Dick Durbin of Illinois, Tom Harkin of Iowa, Jay Rockefeller of West Virginia and Feingold. Lieberman also opposed it.

Senate Majority Leader Harry Reid, D-Nev., said he hoped for an agreement soon on legislation that would combine an extension of tax cuts with a renewal of expiring jobless benefits for the long-term unemployed.

Officials have said that in addition to tax cuts and un­employment benefits, President Barack Obama wants to include renewal of several other tax provisions that are expiring. They include a break for lower- and middle- class wage earners, even if they don't make enough to pay the government, as well as for college students and for companies that hire the un­employed.

Food safety

The Senate voted 73-25 for an overhaul of the nation's food safety laws that faces an uncertain future because of a drafting blunder.

The Constitution requires that revenue-raising measures originate in the House. But among the Senate bill provisions is one that authorizes the Food and Drug Administration to assess fees on food importers and producers that have recalls or fail inspections.

Proponents of the bill had not figured out their next move and the bill's chief opponent, Sen. Tom Coburn, R-Okla., wasn't expected to make it easy.

Calling it a flawed bill, Coburn said it would "grow the government, increase food prices, and drive small producers out of business without making our food any safer."

Durbin, the main proponent of the bill, said lax inspections and a lack of mandatory recall authority are gaping holes in the nation's food safety shield that must be plugged to protect tens of millions of Americans who each year are struck by food-borne illnesses.

"Our bill fixes both," he said.

Reid voted for the bill. Sen. John Ensign, R-Nev., voted against it.

Earmark moratorium

The Senate voted 56-39 against a three-year moratorium on congressional earmarks, hometown spending that lawmakers insert into legislation.

While such spending is a small percentage of the budget, Coburn argued that earmarks are a "gateway drug" that has facilitated Congress's "addiction to spending."

"Earmarking is not our prerogative; it is our pleasure. Our nation flourished for 200 years without an earmark favor factory run by career politicians and lobbyists," he said.

Sen. Carl Levin, D-Mich., said the earmark moratorium would have no impact on the long-term fiscal condition of the government.

"The Coburn amendment would not reduce spending levels; it would simply shift greater authority for deciding how money is spent from the legislative branch to the executive," Levin said.

Ensign voted for the moratorium. Reid opposed it.

Childhood nutrition

The House gave final approval to a $4.5 billion child nutrition bill that President Barack Obama is expected to sign into law.

School cafeterias would be required to serve increased portions of fruits and vegetables, whole grains, and low-fat or nonfat dairy products, under the bill approved 264-157.

It sets aside $4.5 billion over the next decade to improve the nutritional quality of school lunch and breakfast offerings as well as promote expansion of after-school meals.

Critics focused on the price tag and the stepped-up government involvement in setting lunch menus.

Berkley and Titus voted for the bill. Heller voted against it.

The Associated Press contributed to this report. Contact Stephens Washington Bureau reporter Peter Urban at purban @stephensmedia.com or 202-783-1760.