Here's what's happening this week:
Congress will begin its July 4 recess at the close of business on Friday -- don't we all wish we could do the same? -- but before it does, it will attempt to make some headway on health care legislation.
The Senate Health, Education, Labor and Pensions Committee continues to markup its version of the bill, while according to the New York Times the Senate Finance Committee will be engaged in "intense back-room negotiations". In the House, three committees -- Ways and Means, Energy and Commerce, and Education and Labor -- will take up the 852-page draft of their joint health care bill.
Look for many in the GOP -- and too many timid Dems -- to try to kill the public plan option by citing a CBO report that estimated the HELP plan would cover "only 16 million people".
It's bunk.
As the Center on Budget and Policy Priorities notes, "The CBO analysis covers only a part of the HELP plan… and does not include major elements... that would further substantially reduce the number of uninsured." Democrats in need of a little spine should check out the latest New York Times/CBS News poll that finds 72 percent of Americans support a public plan option that would compete with private insurers. On Thursday, Health Care for America Now (HCAN) will hold a large rally and lobbying day at the Capitol.
The House will vote on the mammoth $680.4 billion FY10 defense authorization bill. According to CongressDaily, Rep. James McGovern will once again offer his good amendment demanding an Afghanistan exit strategy -- something President Obama himself has said is needed but is still inexplicably missing from his Af-Pak strategy. The House and Senate will also take up the FY10 Homeland Security bill (approximately $45 billion). The House will also take up the $32.3 billion Interior-Environment spending bill.
The Senate is expected to sign a tourism promotion bill. That's not too exciting in itself, but the battle around the amendments is of interest. So far, the GOP has blocked an amendment from Senator Bernie Sanders that would take on oil speculation.
Senator Frank Lautenberg continues to push commonsense gun regulation even as many of his Democratic colleagues turn weak-kneed on the issue. Today, he will introduce legislation that would allow the Attorney General to block gun sales to people on terror watch lists. That's right -- as things stand now, people on the list can't board a plane but they can load up on guns and ammo, no problem.
Congress also begins its work on a financial regulatory reform bill. This morning, the Senate Banking Committee looks at regulating over-the-counter derivatives -- a weakness in the Obama proposal. House Financial Services, on the other hand, takes a look Wednesday at one of the stronger aspects of Obama's proposal -- enhancing consumer protection. Obama proposes creating a Consumer Finance Protection Agency.
The White House is scheduled to have one of its bipartisan, let's see what we agree on, meetings this Thursday -- this one on immigration reform. It's been postponed twice already.
Notable hearings -- all taking place on a busy Thursday: Attorney General Eric Holder appears before Senate Judiciary regarding proposed changes to "The Matthew Shepard Hate Crimes Prevention Act of 2009"…. House Financial Services looks at preserving federal and state affordable housing…. Fed Reserve Chairman Ben Bernanke testifies on Bank of America's acquisition of Merrill Lynch and the subsequent government bailout…. and the Joint Economic Committee looks at predatory lending and reverse redlining.
I sat down with Jake Blumgart of Campus Progress to talk about covering Washington DC. Here's a excerpt of our discussion of legislative battles over the future of the financial industry, which seems particularly germane in light of today's White House announcement of its new regulatory initiative:
It does seem to be harder to rally people around something like temporarily nationalizing the banks. Massive pro-gay rights demonstrations, for example, are couched in terms of human rights, which everyone gets. But banking…
That is why they win these battles. There is no mass constituency for re-regulating the banks. It doesn't get people in the [thumps finger on chest]. There are certain political arguments that make your cheeks warm. Those are the things that win elections. It is hard to marshal intensity around systemic risk regulations or temporarily nationalizing the banks. So without a mass constituency it is left to insiders in D.C. That battle isn't even between David and Goliath. It is between Goliath and David's poodle's infant puppy.
From Greg Kaufmann:
One problem with the Obama Administration's "Af-Pak" strategy -- aside from the lack of an exit strategy, air strikes, and a cost that threatens its domestic agenda -- is the fact that the allotment of resources consistently contradicts General Petraeus' own stated counterinsurgency (COIN) strategy. Petraeus says 80 percent of expenditures should go towards non-military purposes like economic development, and only 20 percent to the military. Yet the $106 billion supplemental approved yesterday by the House handed over nearly 90 percent of the funds to the military.
Representative Mike Honda -- Chair of the Asian Pacific American Caucus and a Progressive Caucus member -- homed in on that fact in his good statement explaining his vote against the supplemental yesterday (full statement here):
"… I cannot support the continuation of the Bush Administration's failed modus operandi in Afghanistan, Pakistan, and Iraq, and the mis-proportioned 90-10 doctrine of assistance allocation – that is, 90% for military investments and only 10% for political, economic, and social development. The Supplemental represented our first opportunity to correct the failed approaches of the past, but we unfortunately did not use this chance."
"Going forward, I hope that I can work closely with the President to ensure a policy more aligned with the 80-20 model often quoted by General David Petraeus, which would invest 80% of resources into political capacity and institutions with only 20% for military. In this regard, I have presented specific recommendations to my colleagues in Congress, with the intention of informing and improving US policy in Afghanistan and Pakistan. I was pleased to hear in my April meeting with the President that his FY2010 budget request will move in this direction."
Hopefully, Rep. Honda and others -- especially the 80-member Progressive Caucus -- will hold President Obama to that pledge moving forward. Too many let him off the hook yesterday.
A preview from Greg Kaufmann:
This week, the Obama Administration will try once again to push through the $106 billion war supplemental. Opposition is much stronger than anyone anticipated, with most antiwar Democrats maintaining their stance, and House Republicans opposing $5 billion to boost IMF lending. In the Senate, Senators Lieberman, McCain and Graham have threatened to shut down business if there aren't assurances that photos of detainee abuse won't be released. Now is a good time for you to let your legislators know where you stand on this. The House is expected to vote on Tuesday.
We should see some more definition around healthcare legislation this week -- specifically on the question of whether the Senate will offer a public plan option? The Senate Health, Education, Labor and Pensions Committee will markup its version tomorrow, while the Senate Finance Committee releases a draft on Wednesday. Finance Chair Max Baucus continues to pledge that he will have a bipartisan bill -- somewhat disturbing since Republican Committee members are united in their opposition to a public plan option to compete with private insurers. (Nothing like a little Senate chumminess and political cowardice to kill needed reform.) President Obama is in Chicago this afternoon speaking to the American Medical Association which also opposes the public plan option.
The administration will release its plan for reforming financial regulation this week. Smart money is on something rather underwhelming, brought to you courtesy of Geithner-Summers Inc. CongressDaily does report, however, that the Administration will support TARP Oversight Chair Elizabeth Warren's plan for a Consumer Product Safety Commission to regulate financial products -- so that's a piece of good news. Secretary Geithner will appear before the Senate Banking Committee on Wednesday and House Financial Services on Thursday.
FY10 spending bills for Homeland Security ($42.6 billion) and Commerce-Justice-Science ($64.4 billion) are expected to reach the House floor at the end of the week. The Homeland Security bill restricts the transfer of detainees from Guantanamo, according to the New York Times.
House Armed Services will look at the FY10 defense budget tomorrow, while Senate Armed Services looks specifically at spending on missile defense programs.
Representative Rush Holt will reintroduce his Voter Confidence and Increased Accessibility Act this week. The bill would end the hodgepodge of regulations that vary by district and establish a national standard for a voter-verifiable paper trail and access for people with disabilities, among other things. Holt has been a tireless advocate on these issues, and with 65 cosponsors and endorsements from a whole host of organizations -- like Common Cause, the Brennan Center, True Majority and Voter Action-- his bill enjoys broad support. Hopefully it will get a vote on the floor this time around.
Other happenings under the radar: The Senate Environment and Public Works Committee will get an update on New Orleans Hurricane Protection and Restoration tomorrow…. On Thursday, Progressive Caucus Member John Tierney chairs a hearing on "Afghanistan and Pakistan: Oversight of a New Interagency Strategy"…. Finally, House Veterans' Affairs will examine legislation -- "Caring for Veterans with Traumatic Brain Injury Act of 2009" -- this Thursday as well.
Reihan and I debate the role of the United States as the global cop.
I've been trying to accrue more expertise and deeper understanding of the US military's role in the world and the degree to which our national security state delivers what its supporters claim. I'm working on a feature about some of these issues, so this debate was a good opportunity to engage some of the more thoughtful . Also: I had to look up the definition of brigandage after we'd finished, but this often happens to be after conversations with Reihan.
A preview from Greg Kaufmann:
The Administration has had a far tougher time passing the $96 billion war supplemental than anyone anticipated. At play is opposition to escalation, a $108 billion line of credit for the IMF, and a Lieberman amendment that allows Defense Secretary Gates to withhold detainee photos as he sees fit. Great time to tell your reps how you want them to vote.
Healthcare talks continue in Senate Finance and also Health, Education, Labor & Pensions Committees this week. Look for Democrats on both committees to release more details on the kind of legislation they want to introduce -- it remains to be seen if a public plan option will be included and, if so, how strong it will be. (Here's a disturbing quote from Robert Reich on that front.) CongressDaily reports that Ways and Means Chair Charlie Rangel will lay out his framework for healthcare on Tuesday to the Democratic Caucus. House Energy and Commerce and also Labor and Education committees will have a hand in the House legislation as well.
The 80-member Congressional Progressive Caucus -- the largest Caucus in Congress -- isn't waiting around to see a final bill before speaking out. It released its "Principles for a Public Health Care Option", defining a truly robust public plan option that would need to be included in the final bill to gain the CPC's support.
As for climate change, the Senate Energy and Natural Resources Committee hopes to mark-up its energy bill this week. Should be interesting to see how much stock members put in the prospects of carbon capture. In the House, the Agriculture Committee will take a shot at reviewing the Energy and Commerce-approved energy bill on Thursday, and Energy and Commerce will hold another hearing on how emissions permits are allotted -- free versus auction.
The Senate will try to get 60 votes to wrap-up tobacco legislation. The bill would allow the FDA to regulate nicotine, advertising and marketing, and restrict the sale of flavored cigarettes to menthol only. The bill was held up last week because Senator McCain wanted a vote on an amendment to allow re-importation of prescription drugs. Majority Leader Reid wouldn't allow it because he said it wasn't germane. Strange on many fronts -- Reid has allowed pro-gun amendments by Republicans on a DC voting rights bill and the credit card reform bill. His spokesman said there was nothing he could do to stop them. But… he stopped McCain -- and this amendment was introduced by a Democrat, Senator Byron Dorgan. Not to mention that prescription drugs seems far more germane to the FDA than guns seem to credit cards and DC representation in Congress.
In the House, both the Foreign Relations Authorization Act and the Pakistan Assistance bill will probably be debated on the floor -- depending what happens with the supplemental. The former would allow an additional 1500 people to join the Foreign Service over the next two years and increase the budget for the Peace Corps.
Hearings…. If you want to check out the FY2010 budget there will be a host of appropriations hearings this week, including Secretary Geithner, and Secretary Gates and Joint Chiefs of Staff Chairman Michael Mullen, testifying on their departments' budget requests before Defense Appropriations subcommittees on Tuesday.
Other notable hearings: Senate Judiciary takes a look at "The Legal, Moral, and National Security Consequences of 'Prolonged Detention'"…. It also has a hearing on Senator Jim Webb's good bill to establish a commission that would examine issues like drug treatment, effective parole policy, racial injustice and sentencing, education for inmates, and reentry programs…. On Wednesday, the Commission on Wartime Contracting presents its interim report to the House Subcommittee on National Security and Foreign Affairs, chaired by CPC member Rep. John Tierney…. Sen. Claire McCaskill, who helped establish the Wartime Contracting Commission, will chair a Senate Homeland subcommittee hearing on fraud allegations occurring at the US Embassy in Kabul…. House Financial Services will examine regulating the over-the-counter derivatives market tomorrow…. and on Thursday House Energy and Commerce looks into FDA approval of affordable generic biologic drugs.
I've been a bad blogger the last week: Congress was on recess and I was working on a number of long-form writing assignments that had stacked up in my queue. But now Congress is back and so is Greg Kaufmann, who sends in this preview of the week's action:
Senate Health, Education, Labor, and Pensions Committee Chairman Edward Kennedy is expected to release his proposed legislation which will include a public plan option. The Senate Finance Committee is expected to announce which options are still on the table for its draft of healthcare reform as well.
The House and Senate will continue their work on the $100 billion war supplemental -- expected to be approved this week or next. Sticking points include a $5 billion loan to the International Monetary Fund. Over 90 percent of the funding goes to the military, instead of 80 percent being devoted to non-military purposes as called for by the Petraeus counterinsurgency strategy.
The Senate will begin debate on a bill to allow the FDA to regulate tobacco. A companion bill already passed the House. According to CongressDaily, the new law would allow the FDA "to limit the amount of nicotine and put restrictions on marketing and advertising…enlarge cigarette warnings and prohibit flavored cigarettes unless they taste like menthol… and bar companies from advertising cigarettes as ‘light' or ‘low tar.'"
Supreme Court nominee Sonia Sotomayor began making rounds on the Hill today. She already met with Sen. Harry Reid, Senate Judiciary Chair Patrick Leahy and Ranking Member Jeff Sessions. In all, nine Senators were scheduled to meet with her today.
President Obama takes off for the Middle East and Europe tonight. Thursday he'll deliver a highly anticipated speech in Egypt.
Some notable hearings this week: Senate Armed Services held a confirmation hearing today for Gen. Stanley McChrystal as commander of US Forces in Afghanistan….Gary Gensler, Chairman of the Commodity Futures Trading Commission, will talk "Regulatory Reform and the Derivatives Markets" with the Senate Committee on Agriculture…. House Financial Services takes a look at "The Present Condition and Future Status of Fannie Mae and Freddie Mac" tomorrow….. House Veterans Affairs holds a full committee hearing on "A National Commitment to End Veterans' Homelessness"…. Thursday, Senate Foreign Relations will hear testimony on US-China cooperation on climate change…. and closed hearings this week will delve into the security of Pakistan's nukes, "human capitol", and terrorism "hot spots."
National Parks are not like other public lands, and they are not like state lands. They are set aside because they are unlike anywhere else on Earth.-- Congressman Raúl Grijalva
Senator Tom Coburn has struck again, aided and abetted by feckless Majority Leader Harry Reid.
This time around, Coburn hijacked the credit card reform bill, attaching yet another insane gun amendment that has nothing whatsoever to do with the issue at hand. The result? A vote for the "Credit Card Bill of Rights" is now also a vote for allowing loaded shotguns, rifles -- even AK-47s -- into our national parks. Score another win for the NRA, poaching, environmental degradation, and national insecurity -- and a huge loss for public safety.
Congressman Raúl Grijalva, who chairs the National Parks, Forests, and Public Lands Subcommittee as well as the Progressive Caucus, held a press conference on Capitol Hill yesterday to urge action against the amendment. He was joined by Representatives Carolyn McCarthy and Carolyn Maloney, as well as advocates from the Coalition to Stop Gun Violence, the Humane Society, National Parks Conservation Association, and two retired park rangers-- one of whom is a former director of law enforcement at the parks.
Grijalva and his colleagues urged Americans to contact their representatives and tell them to vote against this amendment, which could be taken up on the House floor as early as today. (Grijalva said it was an "uphill" battle to find the votes to shoot the amendment down.) They also urged House leadership to take the bill to conference and strip the amendment as not germane, which clearly it isn't.
Yesterday a Reid spokesman told CongressDaily that there is little Reid can do to prevent amendments like Coburn's -- frankly, that's a load of crap. He could toughen up (as could Dems fearful of the NRA). There is a well known process on the Hill called "filling the tree", whereby the Majority Leader cuts off amendments by offering his own -- even if they are simply place holders. In response, the GOP would certainly complain bitterly or maybe try to slow down the process. Let them. I'm sure interfering with the credit card reform at this moment of financial hardship would serve only to cement their minority status.
Republicans don't mess around when it comes to taking advantage of parliamentary tactics. It's time for the Democrats to respond in kind. Perhaps Harry Reid simply isn't up to the job at hand.
From Greg Kaufmann:
Before Congress can leave town for a week-long Memorial Day recess, members will take up credit card reform, the war supplemental, energy and climate change legislation, and hold a gazillion hearings on the FY10 budget.
The Senate takes up its version of the $90 billion-plus war supplemental approved last week in the House, 368-60. There will be debate on $80 million in funding to close Guantanamo -- funds not included in the House bill. Unfortunately, there probably won't be enough debate about the lack of an Afghanistan exit strategy, or the fact that 90 percent of the war funding is for military purposes -- which contradicts the counterinsurgency strategy that requires 80 percent to go towards non-military needs.
The Senate will also probably pass its credit card reform bill. It would require a 45-day notice on rate increases, but it wouldn't cap usurious rates as Senator Bernie Sanders and others have urged. Sanders is expected to introduce an amendment to set a 15 percent cap -- the same limit used by credit unions. Dodd said there is a "growing appetite" for such a cap in the Senate.
House Energy and Commerce Committee will begin mark up of its energy/climate bill today and hopes to vote on it this week. CongressDaily reports that it is nearly 1000 pages long and Republicans might delay action by requiring the clerk to read the entire thing and by offering "hundreds of amendments."
In contrast to Waxman's Committee, the Senate Energy and Natural Resources Committee seems to be proceeding at a glacial pace on its energy bill. Tuesday it will mark up energy legislation on nuclear waste issues, cybersecurity, and the Strategic Petroleum Reserve. Thursday it will reportedly consider legislation that includes a renewable energy standard for utilities.
Defense Secretary Robert Gates and Chairman of Joint Chiefs of Staff Adm. Michael Mullen will appear before House Appropriations to discuss the Pentagon budget on Wednesday. The Missile Defense Agency will try to protect the lunacy of its $10 billion a year spending on Thursday before Senate Appropriations and House Armed Services. And the House and Senate will negotiate a final bill for Pentagon weapons procurement reform -- Obama hopes to sign it prior to Memorial Day.
Congress continues hearings on the escalation in Afghanistan. Rep. John Tierney -- who voted against the war supplemental -- holds a hearing on "Afghanistan and Pakistan: Resourcing the Civilian Surge". Sen. John Kerry will chair the Senate Foreign Relations hearing on "A New Strategy for Afghanistan and Pakistan" with Chairman of the Joint Chiefs of Staff Admiral Michael Mullen. Senate Foreign Relations will also receive a closed briefing on "Developments on the Ground in Afghanistan and Pakistan."
Other notable happenings… President Obama meets with Israeli Prime Minister Benjamin Netanyahu today.
The House Foreign Affairs Committee marks up the "Foreign Relations Authorization Act for FY 2010 and 20ll". The bill authorizes the hiring of 1500 additional Foreign Service Officers and would "support the plan" to double the size of Peace Corps. Secretary of State Hillary Clinton will testify in the Senate on her department's budget before Appropriations and Foreign Relations on Wednesday.
House Financial Services will look into doing something about regulating the credit rating agencies that are paid by the very companies whose bonds they rate -- a ridiculous conflict of interest that led to AAA-ratings for mortgage-backed securities….
Checking up on the levees -- the House Transportation and Infrastructure Committee holds a hearing tomorrow on "Recommendations of the National Committee on Levee Safety". (Meanwhile, Senate Appropriations looks at funding of the Army Corps of Engineers, which should also give some indication of whether levees are still getting short shrift.)
Finally, House Veterans Affairs has two notable hearings this week -- one looking at "Gulf War Illness Research", and the other at "The Growing Needs of Women Veterans: Is the VA Ready?"
Via Yglesias, Michael Scherer has a very good piece in Time about Obama's approach to congressional relations:
Obama is emerging, on the other hand, as a President who convenes the players, points them down the road and then lets the chips fall where they may. Obama regularly gathers members of Congress at the White House to give them broad encouragement, not marching orders. On May 5, he invited Democrats from the House Energy and Commerce Committee to a meeting at the White House, but he had no specific list of demands. He asked only for a bill that could get industry support, deal with regional concerns and provide market certainty for future investment. Behind the scenes, his aides all but backed off from any arm-twisting. "They are not at the negotiating table," said Representative Rick Boucher, a Democrat from Virginia's coal country and a lead drafter of the bill.
This is spot on, and really, really frustrating. Sometimes it almost seems like the White House conducts itself like an editorial page: announcing its views, and principles and then promising to watch closely as the process unfolds. But its' not an editorial page, it's the White House. They don't have to just nudge. Think LBJ nudged?
A savvy progressive DC observer said to me recently that they lay out principles, let congress do with it what they will, and then come in and declare victory. Politically it makes sense: it's almost impossible to have a high-profile setback or defeat if you follow this method. But it's also unclear that you can ever, you know, win.



