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Table of Contents
CONGRESS CONSIDERING TOUGHER APPROACH TO DISASTER AID
PELOSI'S ROLE CHANGING IN CONGRESS
JUDGE: CORPORATIONS OK TO DONATE TO FEDERAL CANDIDATES
Congressional 
Climate Bill Tracking 
Keyhole Image H.R.658 - FAA Reauthorization and Reform Act of 2011
Keyhole Image H.R.164 - Damaged Vehicle Information Act
Keyhole Image H.R.514 - FISA Sunsets Extension Act of 2011
Keyhole Image H.R.1 - Department of Defense Appropriations Act, 2011
Keyhole ImageH.R.4 - Small Business Paperwork Mandate Elimination Act of 2011
Keyhole Image H.R.96 - Internet Freedom Act
Keyhole Image H.R.605 - Patients' Freedom to Choose Act
Keyhole Image S.244 - State Health Care Choice Act

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Greetings!  
Please enjoy today's issue of the Congressional Climate newsletter, brought to you by Lobbyit.com!
 Today's Hill Action: 

 

THE SENATE:

 

The Senate will meet at 10:00 a.m. for a pro forma session.

SENATE COMMITTEES:

 

No meetings scheduled for today.

THE HOUSE: 

 

The House will meet at 10:00 a.m. in a Pro forma session.
  
HOUSE COMMITTEES:

No meetings scheduled for today.

Disaster aid under new scrutiny

 

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While much of Joplin, Mo., is still under rubble from a devastating tornado, conservatives in Congress are starting to argue for a tougher approach to disaster aid, demanding that any funding be offset by cutting federal money elsewhere.

 

Disasters will no longer be considered "emergencies" if conservatives win this battle to redefine the way Congress funds aid packages for states and cities stricken by natural and man-made catastrophes.

 

Some House Republican appropriators are uncomfortable with setting a precedent that calls on Congress to scramble for cuts in order to help regions dealing with death and destruction.

 

"I do not believe in offsetting emergency funds, period," Missouri Rep. Jo Ann Emerson, a senior GOP member of the spending panel, said.

 

Traditionally, the government has responded to disasters - hurricanes, tornadoes, floods and acts of terrorism - by using its power of the purse to aid the affected areas with "emergency" dollars that add to the debt because they don't count against annual spending caps.

 

When hurricanes Katrina and Rita slammed into Louisiana and Mississippi in 2005, a vocal minority in the House called for offsetting tens of billions of dollars of spending with cuts to other programs. At the time, House Republican leaders shut them down. But now, as much of the Southern and Midwestern parts of the country have been hit by a series of catastrophic acts of nature, that vocal minority has become a controlling majority - at least in the House.

 

They are opposed by lawmakers - some Democratic, some Republican - who believe that disasters like flooding across the Mississippi River region and tornado devastation in Alabama and Missouri are the very reason the "emergency" designation exists in congressional budgeting rules. They often point out that the government added more than $1 trillion to its debt by designating most spending for the wars in Iraq and Afghanistan as "emergency" funding.

 

It's all playing out in the absence of direction from President Barack Obama, whose ping-pong match with British Prime Minister David Cameron was juxtaposed in newspapers and TV broadcasts with images of tornado-demolished Joplin. The White House hasn't asked Congress for a dollar yet in response to the numerous high- and low-profile disasters that have been declared across the country this year, and Sen. Mary Landrieu (D-La.) sent a letter to her colleagues on Wednesday asking them to urge the president to send a request to Capitol Hill.

 

House Republicans have filled the vacuum, pursuing their preferred means of funding disasters - with cuts to other programs - in the absence of a White House request. It's a pretty simple idea, they say: If the disaster is the priority, then Congress should cut money from other programs to pay for it rather than borrowing more money that the nation doesn't have.

 

"I appreciate more than most the damage and difficulties the people of Missouri are going through. I know there will be emergency funding for that," Republican Sen. Jeff Sessions, who hails from tornado-damaged Alabama, said on the Senate floor Wednesday. "There is a legitimate question as to whether we ought to not find that emergency spending someplace in our budget where it can be recovered that is not so important."

 

It is possible, of course, that House Republicans, Senate Democrats and the White House could come to agreement on what accounts to trim in the interest of disaster relief.

 

But for some dissenters, such a sea change would just be the latest disaster. A handful of Senate Democrats have been adamant in their insistence that aid packages should be funded with "emergency" supplemental spending bills - because they are honest-to-goodness emergencies. 

On Monday, House Majority Leader Eric Cantor (R-Va.) made clear that offsets would be part of the discussion for any aid package in the wake of a tornado that killed more than 100 people in Missouri. By Tuesday, the House Appropriations Committee had approved a $1 billion package for disaster relief - certainly less than will ultimately be needed for flood- and tornado-ravaged states - that is fully offset by cuts to an unrelated energy-efficient vehicle account. 

Cantor has given private assurances to lawmakers from affected states that he has identified offsets to pay for disaster aid. 

But he is drawing criticism from across the Capitol. 

"There is no question that we have to be careful about the way we spend federal money. But with all due respect to Congressman Cantor, I have a hard time believing that if this were in his congressional district, he would be talking about how additional disaster relief would not be available unless we found some other program from which to take it," Sen. Claire McCaskill (D-Mo.) said on the Senate floor Wednesday. 

Ultimately, the question pits the ideology of shrinking government against the reality of unforeseen needs. 

Rep. Mike Simpson (R-Idaho), who is a member of the House Appropriations Committee, says "true emergencies" should be funded as such. If it can be offset, "that'd be great." But he argues that years of using the "emergency" designation to spend on items that aren't truly emergencies has put Congress in a bind. 

"Unfortunately, we've gotten in the habit of funding everything that we can't offset as an emergency," he told POLITICO. "I think you're going to see a much deeper scrutiny of what is called 'emergency' and what's not, and that's appropriate." 

In particular, some lawmakers argue, it's tough to justify calling for offsets for disaster aid when more than $1 trillion dollars of funding for the wars in Iraq and Afghanistan was designated as "emergency" spending. According to a report by the Congressional Research Service, 90 percent of the Department of Defense's $1.2 trillion in funding for those wars came under the heading of "emergency" spending. 

Cantor spokesman Brad Dayspring said President Obama should send Congress a request for supplemental disaster money. 

"Obviously the people of Joplin and Missouri are facing a terrible tragedy, and our hearts and prayers are with the victims and their families," Dayspring said. "Federal spending must be prioritized, and clearly emergency funding for disasters such this are an urgent priority - and Congress stands ready for a request for funding from President Obama. 

"More broadly, [the Federal Emergency Management Agency] believes that the Disaster Relief fund that Congress uses to pay for these emergencies will run out of money before the end of the fiscal year, which is why we have already approved a bipartisan amendment to terminate programs in order to ensure that money is available to help people coping with other tragedies like this one without adding to our debt."

Pelosi steps back into limelight  

 

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The spotlight is back on Rep. Nancy Pelosi (D-Calif.). 

 

The Democrats' upset victory in a special House election this week has stimulated hopes the party can retake the chamber and triggered speculation about what kind of role Pelosi will play in the 2012 elections.

 

During a press conference on Thursday, a beaming and re-energized Pelosi said, "We had a spectacular election in New York-26."

 

Pelosi was frequently cited as one of the most powerful Speakers until the historic GOP wave of 2010 stripped her of her gavel. As she withdrew from the media's eye, House Minority Whip Steny Hoyer's (D-Md.) political stock rose. 

 

That dynamic is changing in the wake of Tuesday's result. Pelosi found a rallying cry of "Medicare, Medicare, Medicare" in the weeks before the New York election, and pounced on the issue with a prepared public statement as soon as the race was called. 

 

During her press conference on Thursday, Pelosi mentioned "Medicare" 22 times. 

 

As the top Democrat in the House, Pelosi has to toe a delicate line. She must speak for her caucus but also be mindful of her low approval ratings. Republicans privately say they want Pelosi to be a prominent player on the national scene next year, saying it will help them hold the House and boost their fundraising efforts. 

 

After being attacked by Republicans last year, the minority leader has adopted a much lower profile. Lacking the policymaking power and seeking to unite her caucus after losing 63 seats in the midterms, Pelosi has, for the most part, conducted interviews with liberal-leaning media outlets in 2011.

 

Medicare was a major factor in Kathy Hochul's win in New York's 26th district on Tuesday, putting the Democrats one step closer to their goal of ousting the new GOP majority after only two years.

 

"I fundamentally believe that the House of Representatives is in play," Rep. Steve Israel (N.Y.), chairman of the Democratic Congressional Campaign Committee, told reporters at a briefing Thursday. "The Democrats can win a majority in November 2012."

 

Even if Democrats win back the House, it is far from certain that Pelosi would become Speaker again. Democrats need roughly two dozen seats to capture the lower chamber, but a slim majority might not be enough for Pelosi to become Speaker in the next Congress. Nineteen Democrats voted against Pelosi for Speaker in January, while Rep. Peter DeFazio (D-Ore.), who has been critical of leadership, missed the vote. 

 

A few of those 20 Democrats could be persuaded to back Pelosi for Speaker, though most would likely defect again. 

 

The San Francisco lawmaker, while beloved by the Democrats' liberal base, is loathed by the right. Indeed, a Rasmussen poll released this month found her to be the least popular leader on Capitol Hill, with an approval rating of just 30 percent. Fifty-nine percent of respondents viewed her unfavorably, Rasmussen reported.  

Republicans spent millions of dollars focusing on Pelosi in the midterm elections, seeking to portray her as a big-spending liberal hell-bent on bankrupting the country.

 

For several cycles, Democratic candidates in battleground districts have been pressed by the GOP on whether they would vote for Pelosi for Speaker. 

 

Some Democrats acknowledged this week that Republicans will certainly repeat that strategy next year, particularly if they think there's a chance that Pelosi could win back the Speaker's gavel.

 

"I expect that to happen, that they'll try to demonize her again," said Rep. Bill Pascrell (D-N.J.). "We'll see if they're successful."

 

Some political observers say the Pelosi factor is overrated, pointing out that it didn't work for Republicans in 2006 or 2008. 

 

Jane Corwin, the Republican candidate in this week's special election in New York, tried several times in recent weeks to link Hochul to Pelosi. 

 

One Corwin television ad blasted Hochul as "Nancy Pelosi's hand-picked candidate."

 

"Kathy Hochul and Nancy Pelosi: Now that's a team with a history of raising taxes," the narrator said.

 

Hochul - the clerk of Erie County - focused her campaign on Medicare cuts championed by House Republicans. She won with 47 percent of the vote, to Corwin's 43 percent in a district in which Sen. John McCain (R-Ariz.) defeated President Obama by six percentage points in 2008. 

 

Rep. Elijah Cummings (D-Md.) said Thursday that it comes as no surprise that healthcare cuts would resonate more strongly in the minds of voters than any controversy surrounding Pelosi.

 

"The reason why it's not as big is that we're talking about life and death," Cummings said, referring to the millions of Americans who would remain uninsured under the Republicans' plan.

 

Rep. Anthony Weiner (D-N.Y.) said the Republicans have a polarizing figure of their own to worry about: House Budget Committee Chairman Paul Ryan (R-Wis.).

 

"Right now, among the political figures, and their aspirations that frighten Americans, I think that Paul Ryan is seen as a bigger danger [than Pelosi]," Weiner said. 

 

DeFazio rejected the notion that Pelosi will be the face of the Democrats come campaign season. 

 

"People can make their own judgment who they want to appear with them or speak for them in their districts," DeFazio said. "We are not bound to any one spokesperson." 

 

Rep. Edolphus Towns (D-N.Y.) said the Democrats' problems at the polls last year resulted not from attacks on Pelosi, but from a failure of members to articulate the benefits of the party's legislative agenda, particularly their signature healthcare reform law. For the Democrats to deliver that message more effectively in the coming election cycle, he added, Pelosi will have to establish an even higher profile.

 

Towns, who was pushed out of his top perch on the House Oversight panel by Pelosi earlier this year, added, "She should be on the front lines and talking about what we've done."

 

Rep. Mike Quigley (D-Ill.) said the entrenched partisanship in Washington - combined with the ever-evolving sophistication of political advertising - means that any Speaker will be subject to demonization by the opposing party. 

 

"Any Speaker of the House is going to have a shorter half-life than they used to, because whoever they are, they're going to carry all the baggage," Quigley said.

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A federal judge ruled Thursday that corporations should be allowed to give donations directly to candidates for Congress and the White House, a decision that runs counter to campaign finance rules that have been in place for more than a century.

 

U.S. District Judge James C. Cacheris ruled in United States v. William Danielczyk Jr. & Eugene Biagi that the defendants did not break laws by using corporate funds to reimburse donations made by employees.

 

Their case involved "an alleged scheme of recruiting donors and reimbursing their contributions to Hillary Rodham Clinton's 2006 and 2008 Senate and presidential campaigns," according to federal court documents. In their defense, Danielczyk and Biagi cited the Supreme Court's decision in Citizens United v. the Federal Election Commission, the landmark 2010 case that allowed corporations and unions to use corporate funds to donate to organizations running advertisements to affect federal campaigns.

 

Currently, the ruling applies only within the boundaries of the U.S. District Court for the Eastern District of Virginia, where approximately seven House Congressional districts are drawn. But if higher courts approve the decision, the implications could be huge for future elections because it would reverse a nationwide ban on corporate donations to federal candidates, which has stood since the Tillman Act passed in 1907. The ruling would also appear to go far beyond the Citizens United case by allowing corporate donations directly to campaigns, not just to organizations active in politics.

 

Campaign finance experts say this case will likely be appealed to the Circuit Court of Appeals and could potentially end up before the Supreme Court. Peter Carr, a spokesperson for the U.S. Attorney's Office, said Friday it was too soon after the decision to say whether the government will appeal the case.

 

"We are working this case in conjunction with the Public Integrity Section of the Department of Justice and we are reviewing the opinion," Carr said.

 

According to Fred Wertheimer, president of Democracy 21, Thursday's decision "makes no sense" because it reverses a Supreme Court ruling in the FEC v. Beaumont case that upheld the long-standing ban on corporate donations to federal candidates.

 

"Last time I checked, a federal district court does not have the power to overrule Supreme Court decisions," he said. "The ban on corporate contributions is constitutional according to current Supreme Court doctrine and ultimately the Supreme Court would have to overrule a decision issued by the court in 2003 in order to uphold this decision."

Until tomorrow,


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