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MONDAY, MAY 24, 2010

THE WEEK AHEAD


The SENATE convened at 2:00
p.m. today to consider a supplemental appropriations bill.

The Senate is scheduled to begin debate on the Supplemental Appropriations Act (H.R. 4899) early this week, which would make emergency supplemental appropriations through September 30, 2010. The bill includes funding for the Small Business Administration's business loans program account and for the Federal Emergency Management Agency.  The bill would also authorize additional funding for the Department of Labor Employment and Training Administration.  Under the terms of a unanimous consent agreement reached May 20, the Senate began consideration of the Supplemental Appropriations Act at 3:00 p.m.

The Senate is also expected to vote on motions to instruct conferees on the Wall Street Reform and Consumer Protection Act (H.R. 4173).  The legislation would overhaul the nation's financial regulatory system, and includes provisions that would create new protections for the financial system and prevent financial institutions from becoming "too big to fail".   The bill passed the Senate May 20 with a vote of 59-39.  Two roll call votes on motions to instruct conferees are scheduled to be held today, related to proprietary trading and auto dealers.  The votes are expected to begin at 4:45 p.m.

T
he HOUSE was scheduled to convene at 12:30 p.m. today to take up 13 measures under suspension of the rules. Tuesday, and for the balance of the week, the House is expected to take up five measures under suspension of the rules and four measures subject to a rule. 

The House plans to begin the week with consideration of the Senate's amendments to the American Jobs, Closing Tax Loopholes, and Preventing Outsourcing Act (H.R. 4213). The bill, which would extend approximately $31 billion in expiring tax code provisions, passed the House in December of 2009 with a vote of 241-181.  The package would extend tax provisions related to disaster relief, charitable contributions, and the purchase of hybrid vehicles.  The House Rules Committee is scheduled to meet today to develop a rule for floor debate of the Senate's amendments; the legislation could come to the floor as early as May 25.

The House is also likely to take up the FY 2011 National Defense Authorization Act (H.R. 5136) this week, which would authorize a $726 billion budget for Department of Defense operations.  The bill includes a 1.9 percent pay raise for all service members, and additional funding to increase the size of the Army, Air Force and Navy.  The House Rules Committee has not yet announced a meeting to formulate a rule for floor debate.

The House could also vote on motions to instruct conferees with respect to the financial regulatory overhaul bill, although conference negotiations are not expected to begin until members return from the Memorial Day recess in early June.


KEY HEARINGS & MARKUPS

APPROPRIATIONS: The Interior, Environment and Related Agencies Subcommittee of the Senate Appropriations Committee will hold a hearing on firefighting policy with the U.S. Forest Service and the Department of the Interior. Wednesday, May 26 at 9:30 a.m., 124 Dirksen Building.

The House Interior, Environment and Related Agencies Subcommittee of the House Appropriations Committee will hold a hearing titled “BP-Transocean Deepwater Horizon Oil Disaster: Ongoing Response and Environmental Impacts." Thursday, May 27 at 10:00 a.m., 2359 Rayburn Building.

ARMED SERVICES: The Senate Armed Services Committee will mark up the fiscal 2011 defense authorization bill.
Wednesday, May 26 at 2:30 p.m., 222 Russell Building.
Thursday, May 27 at 9:30 a.m., 222 Russell Building

COMMERCE, SCIENCE AND TRANSPORTATION: The Senate Commerce, Science and Transportation Committee will hold a hearing on the financial state of the airline industry and the implications of consolidation.
Thursday, May 27 at 10:00 a.m., 253 Russell Building

ENERGY & NATURAL RESOURCES: The Senate Energy and Natural Resources Committee will hold a hearing on the liability and financial responsibility issues related to offshore oil production, including the Deepwater Horizon accident in the Gulf of Mexico and legislation that would increase the limits on liability under the Outer Continental Shelf Lands Act.
Tuesday, May 25 at 10:00 a.m., 325 Russell Building.

The Energy and Environment Subcommittee of the House Energy and Commerce Committee will hold a hearing titled “Combating the BP Oil Spill."
Thursday, May 27 at 2:00 p.m., 2123 Rayburn Building.

The National Parks, Forests and Public Lands Subcommittee of the House Natural Resources Committee will hold a hearing titled “Building on America’s Best Idea: The Next Century of the National Park System."
Tuesday, May 25 at 10:00 a.m., 1324 Longworth Building.

The House Natural Resources Committee will hold a hearing titled “Outer Continental Shelf Oil and Gas Strategy and Implications of the Deepwater Horizon Rig Explosion."
Wednesday, May 26 at 10:00 a.m., 1324 Longworth Building
Thursday, May 27 at 10:00 a.m., 1324 Longworth Building

ENVIRONMENT AND PUBLIC WORKS: The Senate Environment and Public Works Committee will hold hearings on the Water Resources Development Act of 2010.
Thursday, May 27 at 10:00 a.m., 406 Dirksen Building.

FINANCIAL SERVICES: The Senate Finance Committee will hold a hearing titled “Reducing Overpayments and Increasing Quality in the Unemployment System." Tuesday, May 25 at 10:00 a.m., 215 Dirksen Building.

The House Financial Services Committee will hold a hearing titled “The Administration’s Proposal to Preserve and Transform Public and Assisted Housing: The Transforming Rental Assistance Initiative."
Tuesday, May 25 at 10:00 a.m., 2128 Rayburn Building.

HEALTH, EDUCATION, LABOR & PENSIONS: The Senate Health, Education, Labor and Pensions Committee will hold a hearing on the reauthorization of the Elementary and Secondary Education Act.
Tuesday, May 25 at 2:00 p.m., 430 Dirksen Building.

The Senate Health, Education, Labor and Pensions Committee will hold a hearing titled “Building a Secure Future for Multiemployer Pension Plans."
Thursday, May 27 at 10:00 a.m., 430 Dirksen Building.

The Higher Education, Lifelong Learning and Competitiveness Subcommittee of the House Education and Labor Committee will hold a hearing titled “Examining GAO’s Findings on Efforts to Improve Oversight of Low-Income and Minority Serving Institutions."
Thursday, May 27 at 10:00 a.m., 2175 Rayburn Building.

JUDICIARY: The Courts and Competition Policy Subcommittee of the House Judiciary Committee will hold a hearing on State and Federal Court Jurisdiction and the Removal Clarification Act.
Tuesday, May 25 at 2:00 p.m., 2141 Rayburn Building.

The House Judiciary Committee will hold a hearing on legal liability issues surrounding the Gulf Coast oil spill.
Thursday, May 27 at 10:00 a.m., 2141 Rayburn Building.

SMALL BUSINESS AND ENTREPRENEURSHIP: The Senate Small Business and Entrepreneurship Committee will hold a hearing on the Small Business Administration Disaster Assistance Program and the Impact of the Deepwater Horizon spill on small businesses.
Thursday, May 27 at TBA, 428-A Russell Building.



TAX-EXTENDERS BILL TO APPEAR BEFORE BOTH HOUSE & SENATE

Democratic leaders are hoping to complete action on the tax-extenders bill (HR 4213) before the Memorial Day recess.  The measure is expected to be on the floor of both chambers next week.  While the package contains a lot of attractive provisions, some of critical importance to state budgets, some Republicans and Democrats will be tempted to vote against it since it adds to the deficit.

Many House Democrats — especially moderates and new members facing tough election challenges — are wary of supporting a bill that would increase the deficit by $133.7 billion over the next 10 years, according to the Congressional Budget Office.

The cost of the bill is in the neighborhood of $200 billion with only $59 billion of that offset.  The remainder would be declared “emergency” spending.  Lastly, some Members have concerns about the offsets identified and their impact on the self-employed, venture capitalists, and real estate investors.



SENATE ADOPTS CASINO EXEMPTION INTO FINANCIAL OVERHAUL

The Senate approved on Wednesday an amendment championed by the chamber’s Nevada senators to exempt casinos from regulation by a new consumer financial protection regulator.

The amendment, sponsored by John Ensign (R-NV) with the support of fellow Nevadan and Senate Majority Leader Harry Reid, would clarify that casinos and other entities that give no-interest loans are not considered lenders under financial regulation overhaul legislation (S 3217). That would shield casinos from a new regulator established by the underlying bill.

The chamber approved the addition by voice vote.

Specifically, the amendment changes the definition of “credit” to exclude no interest credit extended by casinos, which would exempt them from the regulation by the Bureau of Consumer Financial Protection established in the pending overhaul of financial regulation. The amendment also would remove provisions from the bill that regulated non-financial merchants that extend credit to customers and allow for interest-free retribution in more than four installments.

The consumer bureau created by the bill would have the power to author new rules for banks and non-banks offering consumer financial services. The bill also would create a systemic-risk council to monitor companies whose failure could threaten the economy.  Furthermore, it would regulate the enormous financial derivatives market as well.

The Senate bill was approved by the Senate on Thursday evening, May 20th.



JUNE WILL DETERMINE FATE FOR CLIMATE CHANGE LEGISLATION

June will be a crucial month for energy/climate change legislation.  Senate Majority Leader Reid has plans to meet with committee leaders during the week of June 7, then, Reid will meet with the entire Democratic Caucus during the week of June 14.  The meetings will help Reid decide how to go forward with floor debate and perhaps with which bill:  the Kerry-Lieberman (American Power Act) or Bingaman’s energy-only (S. 1462) approach. 

Estimates are that the K-L bill currently has 35 to 40 solid “yes” votes.  During this same time, Senator Murkowski has until June 7 to push for a vote on her disapproval resolution (S.J. Res. 26).  And, by mid-June the EPA and the EIA are expected to finish the economic analysis of the K-L bill.

This week, Senator Rockefeller picked up more Democratic support for his bill (S. 3702).  The measure would establish a two-year time-out before EPA could regulate greenhouse gases.  The bill is now backed by Senators Conrad, Dorgan, Johnson and McCaskill.  The House companion bill to Rockefeller’s is HR 4753 and it is sponsored by Representatives Rahall, Mollohan and Boucher.

Separately, Senators Casey and Carper are trying to come up with yet another approach and possible legislation.   Casey and Carper are mulling legislation that would allow the EPA to move forward with GHG regulations, but would permanently exempt small regulatory sources from the regulations.

With the roll-out of the K-L bill, transportation advocates are pushing to change how that bill directs the revenue that would be raised by pollution credits purchased by fuel merchants and refined-products producers.  Transportation advocates want all of that revenue (estimated to be $19.5 billion) directed to the Highway Trust Fund.   The K-L bill would steer $2.5 billion to the Trust Fund, $1.9 billion to states and localities for transportation programs that would reduce GHG emissions, and another $1.9 billion for the DOT to offer in competitive grants.

The Georgetown Climate Center has put together a briefing document on the state-relevant provisions of the K-L bill.  The Center has that summary available on their website at www.georgetownclimate.org


 
NEW DRINKING WATER BILL IMPROVES STANDARDS

A new bill that would reauthorize the Drinking Water State Revolving Fund, as well as, intensify the testing requirements for endocrine disrupters was approved by the House Energy and Commerce Subcommittee on Energy and Environment.  The bill (HR 5320) was adopted on an 18 to 13 vote.  Specifically, the Fund would be authorized for $14.7 billion over five years. The water measure also includes provisions from another bill (HR 5210) that would require the EPA to increase its testing of drinking water to determine if endocrine disrupters (a class of chemicals) are present. 

On May 27, the Senate Environment and Public Works Committee will hold a hearing on a draft bill of the Water Resources Development Act of 2010.  



TRANSPORTATION AND THE TAX-EXTENDERS BILL

The tax extenders bill (HR 4213) contains language that would make two changes regarding transportation funding - both corrections that Chairman Oberstar has been advocating. 

First, it would distribute to all states funding from the National Corridor Infrastructure Improvement program, and the Projects of National and Regional Significance program based on each state’s share of the FY 2009 highway apportioned funds.  Second, it would distribute additional highway formula funds among all the highway formula programs rather than among just six formula programs.

The House Transportation and Infrastructure Committee will hold a hearing on May 26 to receive a progress report on stimulus spending for transportation programs.

On June 9, the House Subcommittee on Highways and Transit will conduct a hearing on surface transportation projects.




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