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DEMS STRUGGLE TO BEAT BROWN IN MASS
IS EXTENDING MUELLER'S TERM LEGAL?
SOURCE: WEINER'S WIFE IS PREGNANT
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 9:30 a.m. for morning business. Thereafter, they will resume consideration of S.782, the Economic Development Revitalization Act of 2011. 

SENATE COMMITTEES:

 

Senate Environment & Public Works (TBA): Business meeting to consider S.76, to direct the Administrator of the Environmental Protection Agency to investigate and address cancer and disease clusters, including in infants and children, and the nominations of William Charles Ostendorff, of Virginia, to be a Member of the Nuclear Regulatory Commission, and Richard C. Howorth, of Mississippi, to be a Member of the Board of Directors of the Tennessee Valley Authority. TBA.
 
Senate Armed Services (9:30 a.m.): Hearings to examine the nomination of Leon E. Panetta, of California, to be Secretary of Defense. SD-G50.   

Senate Energy & Natural Resources (9:30 a.m.): Hearings to examine S.963, to reduce energy costs, improve energy efficiency, and expand the use of renewable energy by Federal agencies, S.1000, to promote energy savings in residential and commercial buildings and industry, and S.1001, to reduce oil consumption and improve energy security. SD-366. 

Senate Banking, Housing, & Urban Affairs (10:00 a.m.): Hearings to examine reauthorization of the National Flood Insurance Program. SD-538.

Senate Foreign Relations (10:00 a.m.): Hearing to receive a closed briefing on an intelligence update on Libya. SVC-217.
 
Senate Homeland Security & Governmental Affairs (10:00 a.m.): Subcommittee on Disaster Recovery & Intergovernmental Affairs - Hearings to examine border corruption, focusing on assessing customs and border protection and the Dept. of Homeland Security Inspector General's office collaboration in the fight to prevent corruption. SD-342.

Senate Health, Education, Labor, & Pensions (10:00 a.m.): Subcommittee on Children & Families - Hearings to examine quality early education and care. SD-430.

Senate Judiciary (10:00 a.m.): Business meeting to consider S.1103, to extend the term of the incumbent Director of the Federal Bureau of Investigation, S.978, to amend the criminal penalty provision for criminal infringement of a copyright, S.1145, to amend title 18, United States Code, to clarify and expand Federal criminal jurisdiction over Federal contractors and employees outside the United States, and the nominations of Steve Six, of Kansas, to be United States Circuit Judge for the Tenth Circuit, Marina Garcia Marmolejo, to be United States District Judge for the Southern District of Texas, Michael Charles Green, to be United States District Judge for the Western District of New York, Wilma Antoinette Lewis, of the District of Columbia, to be Judge for the District Court of the Virgin Islands, and Felicia C. Adams, to be United States Attorney for the Northern District of Mississippi, Ronald W. Sharpe, to be United States Attorney for the District of the Virgin Islands, and George Lamar Beck, Jr., to be United States Attorney for the Middle District of Alabama, all of the Department of Justice. SD-226.

Senate Homeland Security & Governmental Affairs (2:00 p.m.): Subcommittee on Federal Financial Management, Government Information, Federal Services, & International Security - Hearings to examine Federal asset management, focusing on eliminating waste by disposing of unneeded Federal real property. SD-342.

Senate Indian Affairs (2:15 p.m.): Oversight hearing to examine domestic policy implications of the UN Declaration on the Rights of Indigenous Peoples. SD-628.

Senate Armed Services (2:30 p.m.): Closed hearings to examine the nomination of Leon E. Panetta, of California, to be Secretary of Defense. SVC-217.

Senate Energy & Natural Resources (2:30 p.m.): Subcommittee on Energy - Hearings to examine critical minerals and materials legislation, including S.383, to promote the domestic production of critical minerals and materials, S.421, to amend the Energy Independence and Security Act of 2007 to require the Secretary of Energy to provide grants for lithium production research and development, and S.1113, to facilitate the reestablishment of domestic, critical mineral designation, assessment, production, manufacturing, recycling, analysis, forecasting, workforce, education, research, and international capabilities in the United States. SD-366.

Senate Intelligence (2:30 p.m.): Closed hearings to examine certain intelligence matters. SH-219.

THE HOUSE: 

 

No meeting scheduled for today.
  
HOUSE COMMITTEES:

No meetings scheduled for today.

Dems struggle to beat maverick Sen. Brown in Massachusetts

 

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Scott Brown has spent most of his Senate career with a target on his back. But his maverick voting record and fundraising prowess have positioned him to achieve the unthinkable: winning statewide reelection in Massachusetts as a Republican.

 

Brown has, so far, avoided drawing a serious challenger in his bid for a full, six-year term, despite the Bay State's traditionally Democratic hue.

"He has not been the caricature. Yes, he's made himself more electable by being more moderate," said Rep. Barney Frank (D-Mass.), who passed on a challenge to Brown. And Frank said he expects other members of the delegation to stay out of the race as well, in part due to Brown's strength.

 

"I do think it's very unlikely that a member of the delegation will run, and in that sense Brown's strength has discouraged candidacies," he said.

Brown has sought to project a centrist image since being elected to the Senate in a special election in January of 2010 to replace the late Sen. Edward Kennedy (D). He supported Democrats' financial regulatory reform bill last year, and was one of a handful of Republicans to vote in favor of eliminating the military's "Don't ask, don't tell" policy.

 

"Massachusetts is not Texas, so I think demonstrating some independence and not party-line votes is good for his survival," said Sen. John Cornyn (Texas), the chairman of Senate Republicans' campaign committee.

 

Indeed, Public Policy Polling (PPP), a Democratic firm, released a new survey on Tuesday showing Brown with a lead over all Democratic challengers. He bests Martha Coakley (D), the state attorney general whom he beat in 2010, and who polls most competitively against Brown, 49-40 percent, with 10 percent undecided.

 

Brown's advisers have sought to carefully manage how he's built his public profile; he embarked on a press tour earlier this year to promote a new book, in which he revealed that he was a victim of physical and sexual abuse as a child. And Brown announced that he'd asked to spend his mandatory two weeks of duty as a National Guardsman in Afghanistan this year. His political advisers cast him as an independent senator who's kept his head down and focused on state issues during a year and a half in Washington.

 

"Sen. Brown was elected to do a job, he takes that job seriously, and his focus right now is on working with people from both sides of the aisle to create jobs and promote fiscal responsibility in Washington," said Eric Fehrnstrom, a top adviser to both Brown's campaign and former Massachusetts Gov. Mitt Romney's (R) presidential bid.

 

Brown has also taken steps to bone up on his political chops. He established a political action committee in early June, and his reelection campaign's set a purported fundraising goal of around $25 million - enough to scare off a number of would-be Democratic challengers. He had more than $8 million in the bank at the end of March, and Brown's campaign will likely report even more cash on hand when his Federal Election Commission filing is due this month.

 

Several relatively unknown Democrats have entered the race, including Newton Mayor Setti Warren, state Rep. Tom Conroy and Alan Khazei, the founder of a civic nonprofit. But there's a sense that the party establishment in Washington might be looking for more of a heavyweight name to go up against Brown. Boston Mayor Thomas Menino (D) distilled the sentiment last month when he said that none of the declared Democrats in the race would be able to beat Brown.

 

Rep. Michael Capuano (D-Mass.) has said he'll decide this summer whether to run, and some Democrats have floated the name of Elizabeth Warren, the Harvard Law professor who's favored by President Obama to lead the new Consumer Financial Protection Bureau. 

 

Capuano's office wouldn't comment, and Frank, an author of the Wall Street reform bill that established the new bureau, said he'd rather have Warren run that new agency than run as a candidate for Senate.

 

In the meantime, Democrats in the Bay State are beginning to worry publicly that they'll squander their best opportunity to pick up a seat in 2012 because of the delay in fielding a top-tier challenger to Brown.

 

"If Democratic Party officials in D.C. have a preferred candidate, let us know who it is and get him or her up here to start doing the hard work it will take to win," wrote Doug Rubin, a former chief of staff to Gov. Deval Patrick (D), on Monday in the Boston Herald. "Democratic Party leaders in D.C. need to go all in, or get out of the way."

 

Sen. Patty Murray (Wash.), who heads the Democratic Senatorial Campaign Committee and said she was unfamiliar with the piece, suggested she was comfortable with the state of the race.

 

"We are in a place this second where I feel very comfortable working to get someone running," she said. "We'll have a candidate."

 

"I think right now in Massachusetts we're suffering an embarrassment of riches when it comes to our Democratic field," said Kevin Franck, a spokesman for the Massachusetts Democratic Party. Franck said the field "very well could expand."

 

While he's staked out a relatively centrist record in the Senate, Sen. Brown has so far escaped major scrutiny from the Tea Party, which was galvanized in part due to its enthusiastic support for his candidacy. Sixty-three percent of self-described "very conservative" voters in Massachusetts said in the PPP poll that they had a favorable opinion of Brown.

 

Frank said he still thinks there's plenty of time for a solid Democrat to enter the race, and Brown's biggest enemy, in the interim, could be himself. He stumbled last month on whether he'd vote for House Republicans' 2012 budget, which includes controversial changes to Medicare. After having appeared to express support for the plan, he ultimately declared his opposition - after weathering some bruising attacks from Democrats.

 

He also drew guffaws by proclaiming that he'd seen pictures of the deceased corpse of Osama bin Laden, though Brown later acknowledged that he'd been duped by forgeries. Democrats gladly pounced, asking whether he'd travel to CIA headquarters to see the real photos of the dead bin Laden.

 

And Brown could easily find himself without the full attention of some of the advisers who'd helped him chart his way to victory in his initial special-election contest against Coakley. Romney's Boston-based operatives have served also as Brown's political support team, but now that the former Massachusetts governor's presidential campaign is under way, Brown's effort will be left to other staff.

 

"I think that the downside for Scott Brown is that his advisers are leaving him to focus on what they see as a more exciting race," Franck said.

Bill to extend FBI director's term faces legal doubts 

 

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White House-endorsed legislation to extend FBI Director Robert Mueller's term may be constitutionally flawed and should be abandoned, a law professor told the Senate Judiciary Committee Wednesday morning.

 

President Barack Obama's surprise proposal last month to extend Mueller's term for two years appears to face little resistance and he seems likely to continue in his post after his current 10-year term expires in September.

 

However, at least two senators said the doubts raised by University of Virginia Law Professor John Harrison were significant enough that the Congress and the White House may need to rethink the legislative measure, S. 1103, that bipartisan leaders of the Senate Judiciary and Intelligence committees have proposed to give Mueller another two years.

 

"I think this mode of extending his term two years would be unconstitutional," Harrison told the panel. "A statute like S. 1103 would, in a situation in which an office otherwise would be vacant, cause a particular individual through a legal act of Congress to hold that office to be the incumbent in that office, that is an appointment and that is something  that Congress cannot do, that has to be done through the appointments clause."

 

Harrison said a better way of extending Mueller's tenure would be for Congress to pass a bill creating a temporary two-year term and then for Obama to nominate Mueller to fill that term.

 

"That would be bulletproof," the professor said.

 

Senators Tom Coburn (R-Okla.) and Mike Lee (R-Utah) said they were concerned that court challenges to Mueller's authority could arise if his term is simply extended without him being re-nominated.

 

"I have concerns that we're going to get mired in court battles over this that actually make you ineffective in carrying out your job," Coburn told Mueller earlier in the committee hearing. The Oklahoma republican noted that Mueller or one of his deputies is required to sign certain types of surveillance and search orders and that such approvals could be challenged if Mueller's appointment was in question.

Mueller said he'd "heard nothing in my discussions in the department that would make that a problem."

 

Asked about the legal uncertainty, White House spokesman Eric Schultz said: "The President is committed to keeping Director Mueller in his present job for an additional two years and we will work with [Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.)] and all the members of Congress in making sure this happens."

 

Another law professor at the hearing, William Van Alstyne of William and Mary, said he saw no constitutional problem with the term extension and that he'd resigned his tenured post if the courts ruled that the extension was unconstitutional.

 

A 1987 ruling from the U.S. Court of Appeals for the 9th Circuit held that an extension of an incumbent's term ran afoul of the constitution only if it was for "a very long time." In addition, the Justice Department's Office of Legal Counsel concluded in a formal opinion in 1994 that Congress could extend terms by statute, without going through the confirmation process.

However, Harrison noted that the 9th Circuit ruling is not binding in other circuits and, therefore, protracted court challenges were possible.

 

"If you can do it in a way that makes it better, especially against [that] kind of litigation...that would be better," said former Deputy Attorney General James Comey, who also testified before the committee.

Mueller declined, in response to senators' questions, to make the case for departing from the practice in place for more than three decades of having FBI directors serve 10-year terms.

 

"I leave that determination to others," Mueller said, noting that he had agreed after some reflection to stay on at the president's request.. "Some of the calculus was: should I really stay? Often the person in that position is the worst person to make that decision. I did talk to other people inside and outside the bureau for a more objective view....No one is indispensable."

6-9abedin

Huma Abedin, the wife of Rep. Anthony Weiner, is pregnant, multiple sources confirmed to POLITICO. 

The wife of the embattled congressman is nearing the end of her first trimester and has kept the information quiet from almost everyone around her until this week, the sources said. 

Abedin, 35, an aide to Secretary of State Hillary Clinton, has been contending with the stress of her husband's Twitter scandal, his public admissions of inappropriate sexual banter with other women and calls by Democratic colleagues for him to resign. Abedin is traveling overseas with Clinton, who is making several stops in Africa. 

Weiner has said he and Abedin are not splitting up. Abedin, a deeply private person, had hoped to have a family for some time, friends said. 

Abedin had kept the news to herself until just days ago. The New York Times was the first to put the information on the public record, with a web dispatch late Wednesday afternoon.

Several sources said the news of Abedin's condition started emerging earlier this week, after Weiner told some associates on Capitol Hill after his New York news conference on Monday. He called the press conference to confess to sending the Twitter picture of his underpants 10 days earlier, and said he'd admitted the truth to his wife just that morning.

Throughout the ordeal of the past two weeks, including after her husband's admission, Abedin "has been a rock," said one friend of the couple.

 

The sources said that Abedin is committed to her marriage, and to her husband, and is fully supportive of his staying in office. Weiner told reporters on Monday that his wife was "disappointed" in his behavior, but that he loved her "very much," and that she loved him back.

Until tomorrow,


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