Both chambers return from Memorial Day recess this week to a heavy agenda, with the Senate set to consider expiring tax provision legislation and the House scheduled to debate FHA reform.

The SENATE convened at 2:00 p.m. today for roll call votes.  Tuesday, and for the remainder of the week, the Senate is expected to consider tax extenders legislation and an EPA greenhouse gases bill.

Democratic leadership plans to bring the House-amended version of the American Jobs, Closing Tax Loopholes and Preventing Outsourcing Act (H.R. 4213) to the floor this week. The bill, which originally passed the Senate in March on a vote of 62-36, would extend approximately $31 billion in tax code provisions that expired at the end of last year through the end of 2010, and includes provisions related to charitable contributions, disaster relief, and the purchase of hybrid vehicles. 

The House added an amendment that removes certain provisions, including an extension of federal assistance to states for Medicaid (FMAP) and subsidized health insurance for displaced workers. The bill could come to the floor as early as Tuesday, June 8.  If the Senate makes changes to the bill, it will have to be returned to the House and approved before the bill can be sent to the president.

The Senate is also scheduled to hold roll call votes on judicial nominations and may debate a resolution disapproving of the Environmental Protection Agency’s endangerment finding on greenhouse gases.

The HOUSE is not in session today and is scheduled to convene at 2:00 p.m. Tuesday to take up five measures under suspension of the rules.  Wednesday, and for the balance of the week, the House is expected to take up 6 measures under suspension of the rules and two measures subject to a rule.

The House is expected to consider the Federal Housing Administration Reform Act (H.R. 5072) this week, which would improve the financial position of the Federal Housing Administration by allowing increased premiums for mortgage insurance, and require the FHA to improve its internal reporting systems to better manage risk and to provide transparent data to the public.

The House may also consider the Small Business Lending Fund Act (H.R. 5297), which would create a $30 billion fund to increase lending to small businesses. The fund would provide capital to community banks and would be completely separate from the Troubled Asset Relief Program (TARP).

KEY HEARINGS & MARKUPS

AGRICULTURE: The Conservation, Credit, Energy, and Research Subcommittee of the House Agriculture Committee will hold a hearing on the implementation of the energy title of the 2008 Farm Bill.
Wednesday, June 9, 10:00 a.m., 1300 Longworth Building

APPROPRIATIONS: The Financial Services and General Government Subcommittee of  the House Appropriations Committee will hold hearings on proposed fiscal 2011 appropriations for programs and activities under its jurisdiction.
Wednesday, June 9, 10:00 a.m., 2359 Rayburn Building.

BANKING, HOUSING & URBAN AFFAIRS: The Senate Banking, Housing and Urban Affairs Committee will hold a hearing titled “Local Perspectives on the Livable Communities Act”.
Wednesday, June 9, at 10:00 a.m., 538 Dirksen Building.

BUDGET: The House Budget Committee will hold a hearing titled “State of the Economy: View from the Federal Reserve”.
Wednesday, June 9, 10:00 a.m., Cannon Building

ENERGY & NATURAL RESOURCES: The Senate Energy and Natural Resources Committee will hold a hearing on issues related to the Department of the Interior’s May 27^th report: “Increased Safety Measures for Energy Development on the Outer Continental Shelf”.
Wednesday, June 9, at 9:30 a.m., 366 Dirksen Building.

ENVIRONMENT AND PUBLIC WORKS: The Senate Environment and Public Works Committee will hold hearings on pending legislation, S 3305 to amend the Oil Pollution act of 1990.
Wednesday, June  9, 10:30 a.m., 106 Dirksen Building.

HEALTH, EDUCATION, LABOR & PENSIONS: The Children and Family Subcommittee of Senate Health, Education, Labor & Pensions Committee will hold a hearing on the current state of American Children.
Tuesday, June 8, 10:00 a.m., 430 Dirksen Building.

The Employment and Workplace Safety Subcommittee of Senate Health, Education, Labor and Pensions Committee will hold a hearing titled, “Production over Protections: A Review of Process Safety Management in the Oil and Gas Industry”.
Thursday, June 10, 10:00 a.m., Dirksen Building.

HOMELAND SECURITY & GOVERNMENTAL AFFAIRS: The State, Local and Private Sector Preparedness and Integration Subcommittee of the Senate Homeland Security and Governmental Affairs Committee will hold a hearing on efforts to access the effects of the Deepwater Horizon oil spill on states, localities and the private sector: 
Friday, June 10, 10:00 a.m., 342 Dirksen Building.

JUDICIARY: The Senate Judiciary Committee will hold a hearing titled “The Risky Business of Big Oil: Have Recent Court Decisions and Liability Caps Encouraged Irresponsible Corporate Behavior?”.
Tuesday, June 8, 10:00 a.m., 226 Dirksen Building.

The Antitrust, Competition Policy and Consumer Rights Subcommittee of Senate Judiciary Committee will hold and oversight hearing on the enforcement of antitrust laws.
Wednesday, June 9, 2:00 p.m., 226 Dirksen Building.

NATURAL RESOURCES:  The Insular Affairs, Oceans and Wildlife Subcommittee of House Natural Resources Committee will hold hearings on the Deepwater Horizon oil rig explosion.
Thursday, June 10, 10:00 a.m., 1324 Longworth Building.

HOUSE PASSES AMERICA COMPETES ACT

On Friday, May 28, the House passed, 262-150, the America COMPETES Reauthorization Act of 2010 (H.R. 5116), which would authorize $85.6 billion over five years for federal science research and education programs to improve the nation’s economic competitiveness. 

The bill would reauthorize spending for fiscal years 2011 through 2015 to support education and training in the fields of science, technology, education, and math and for research and development programs at the National Science Foundation, the National Institute of Standards and Technology, and the Energy Department. 

The bill now goes to the Senate for consideration, which has held hearings on the bill but has not yet introduced legislation.

JUNE WILL DETERMINE FATE FOR CLIMATE CHANGE LEGISLATION

June will be a crucial month for energy/climate change legislation.  Senate Majority Leader Reid has given orders to his committee leaders this week to include oil drilling reforms in the clean energy bill he intends to bring to the floor later this month.

Reid' statement did no settle the question about which bill the Senate will decide to advance, with two options on the table at present: either 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.

Last 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 a "third way" 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.

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

 
SENATE VOTE SET FOR JUNE 10 ON WHETHER TO OVERTURN THE EPA

On June 10, the Senate is expected to vote on Senator Lisa Murkoski's (R-AK) joint resolution (S.J. Res. 26) to overturn the EPA's recent finding that greenhouse gas emissions from cars is a danger to public health.

Under Congressional rules, the joint resolution only needs a majority of votes to pass and is not subject to a filibuster.  The resolution is also not subject to amendments.  The resolution has 41 co-sponsors.

"I would like to think that we can put the brakes on the EPA now," Murkowski said.  "I don't think they as a regulatory agency should be the one that puts in place climate policy."

The EPA published the finding on December 15.  This finding allowed the EPA to legally issue rules controlling greenhouse gas emissions from cars.  The Senate has until June 10 to oppose the finding and overturn the new EPA rules.

Critics of the EPA ruling say it will force millions of small businesses to adopt costly new requirements.  Opponents of Murkowski's resolution claim it would overturn the EPA's greenhouse gas restrictions on cars and would lead to increased oil consumption.    

The Senate Water & Power Subcommittee will consider a bill on Wednesday introduced by Senator Harry Reid (D-NV) to reauthorize and reallocate power produced at the Hoover Dam.  The bill would reauthorize the distribution of power to Nevada, California and Arizona for another 50 years.  The current agreement expires in 2017.

In addition, starting in 2017, the bill would allocate 5 percent of the power from each state to federally recognized American Indian tribes.  That power will jointly be distributed by the Western Area Power Administration along with the Arizona Power Authority and the Colorado River Commission of Nevada. 

Timothy Meeks of Western Area Power will testify before the Water and Power Subcommittee of the Senate's Energy and Natural Resources Committee.  Public comment has been extended until September 30 on the matter.

Both sides of the Yucca Mountain debate are presenting their arguments in front of the Nuclear Regulatory Commission (NRC) licensing board.  The Department of Energy has proposed withdrawing their application for a high-level radioactive waste repository at the Yucca Mountain site in Nevada. 

The Energy Department claims withdrawing the application, which has not yet been decided upon, is in the best interests of the country and claims it has the authority to withdraw it at any time.  The Department further wishes to withdraw the application "with prejudice," meaning that by law the application cannot be resubmitted.  The Department is joined by attorneys from the state of Nevada arguing that withdrawing with prejudice is the only way to prevent nuclear waste from being stored in the Nevada.

Opponents of the measure, including the states of Washington and South Carolina, and the Nuclear Energy Institute, argued that US law requires the NRC to evaluate the application and that once submitted, it cannot be withdrawn.  The state of Washington, which is currently storing 53 million gallons of radioactive waste, argued that withdrawal of the petition would harm their state by leaving it with fewer options for future safe disposal.