Congressional
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Greetings!
Please enjoy today's issue of the Congressional Climate newsletter, brought to you by Lobbyit.com!
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Today's Hill Action:
THE SENATE:
The Senate will convene at 9:30 a.m. for morning business. Thereafter, they will resume consideration of H.R.2112, the legislative vehicle for the Agriculture, Commerce, Justice and Science, and Transportation/HUD appropriations bills.
Senate Banking, Housing, & Urban Affairs (10:00 a.m.): Hearings to examine housing finance reform, focusing on continuation of the 30-year fixed-rate mortgage. SD-538.
Senate Foreign Relations (10:00 a.m.): Hearing to receive a closed briefing on U.S. military deployment to Central Africa. SVC-217.
Senate Judiciary (10:00 a.m.): Business meeting to consider S.75, to restore the rule that agreements between manufacturers and retailers, distributors, or wholesalers to set the minimum price below which the manufacturer's product or service cannot be sold violates the Sherman Act, and the nominations of Stephanie Dawn Thacker, of West Virginia, to be United States Circuit Judge for the Fourth Circuit, Michael Walter Fitzgerald, to be United States District Judge for the Central District of California, Ronnie Abrams, to be United States District Judge for the Southern District of New York, Rudolph Contreras, of Virginia, to be United States District Judge for the District of Columbia, and Miranda Du, to be United States District Judge for the District of Nevada. SD-226.
Senate Homeland Security & Governmental Affairs (10:30 a.m.): Subcommittee on Disaster Recovery & Intergovernmental Affairs - Hearings to examine accountability at the Federal Emergency Management Agency (FEMA). SD-342.
Senate Banking, Housing, & Urban Affairs (2:00 p.m.):
Subcommittee on Security & International Trade & Finance - Hearings to examine the Group of Twenty (G20) and global economic and financial risks. SD-538.
Senate Indian Affairs (2:15 p.m.): Business meeting to consider S.1262, to improve Indian education; to be immediately followed by a hearing to examine S.134, to authorize the Mescalero Apache Tribe to lease adjudicated water rights, S.399, to modify the purposes and operation of certain facilities of the Bureau of Reclamation to implement the water rights compact among the State of Montana, the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana, and the United States, S.1298, to provide for the conveyance of certain property located in Anchorage, Alaska, from the United States to the Alaska Native Tribal Health Consortium, S.1327, to amend the Act of March 1, 1933, to transfer certain authority and resources to the Utah Dineh Corporation, and S.1345, to provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam. SD-628.
Senate Energy & Natural Resources (2:30 p.m.): Subcommittee on Water & Power - Hearing to conduct oversight of shale gas production and water resources in the Eastern United States. SD-366.
Senate Intelligence (2:30 p.m.): Closed hearings to examine certain intelligence matters. SH-219.
No meeting scheduled for today.
No meetings scheduled for today.
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| Appropriations bedlam continues

With 30 days left before the government runs out of money again, the House is on recess this week, the Senate leaves next and just trying to make it across the floor before Friday is a $182 billion, multiheaded spending bill resembling Dr. Doolittle's famous Pushmi-Pullyu.
Any hope of Congress avoiding another stopgap spending resolution on Nov. 18 has all but vanished, and it got to the point Wednesday where Sen. Barbara Mikulski (D-Md.) felt compelled to stand up in the near empty Senate and reassure her unseen C-SPAN audience that more was happening than met the eye.
"People are watching this, saying, 'What are they doing? Just what are they doing,'" Mikulski said in her street-smart Baltimore voice. "Well, we are doing a lot," she insisted, but soon after, Mikulski allowed that she'd feel a whole lot better if more of her colleagues came to the floor.
"This is our opportunity to show that we can govern," Mikulski pleaded. "Let's show that we can govern."
So it goes in Congress these days as lawmakers learn the lost art of doing their job and processing the dozen appropriations bills needed to keep the government operating.
Only half have cleared the House thus far; just one has passed the Senate; and the leadership is now resorting to moving three-in-one legislative packages in hopes of making up for lost time.
"They are moving forward in as close to a regular process as we have had in a while," Sen. Roy Blunt (R-Mo.) said dryly, but with three bills in one and three sets of floor managers, it can border on bedlam. Five Cabinet departments, not to mention major science agencies, are grouped together in the pending measure this week, for example, and the result is a wildly disjointed debate shifting between school lunch menus to terrorist trials and back to derivative regulations and flood-control projects in the space of 24 hours.
Senate Majority Whip Dick Durbin (D-Ill.) took heart that he had at least a list in hand of 16 pending amendments late Wednesday, but the bill must be completed this week if the experiment is to have any chance of political success.
"I am going home," Senate Appropriations Committee Chairman Daniel Inouye said flatly of his Friday flight to Hawaii. And if the Senate fails to act before leaving, the pressure from the House will only increase to scrap the process and go to a single omnibus measure for the entire government.
It will be Nov. 1 by the time senators get back to work in any case, and even if this first "mini-bus" passes this week, two more will be required to carry all the remaining unfinished bills. Failure to act before the coming recess will only back this up further, and a frustrated Sen. Jeff Bingaman (D-N.M.) proposed the "unthinkable" this week: Just pass a full-year 2012 continuing resolution set at the funding levels agreed in the August budget accords.
"Already this year, we experienced a near shutdown of the federal government in April, a near default on the country's debt in August, a partial shutdown of the Federal Aviation Administration in August and another near shutdown of the federal government three weeks ago because of a dispute over disaster funding," Bingaman told his colleagues in a floor speech Tuesday. "These repeated 'Perils of Pauline' scenarios have understandably shaken the confidence of Americans about their government and more particularly, about this Congress."
Going into Wednesday night, freshman Sen. Mike Lee, a Utah Republican prominent in tea party circles, was pursuing a motion to recommit or scuttle the pending bill for spending too much. But thus far, surprisingly little of the floor debate has dealt with the appropriations levels that comply with the August budget accords calling for a net reduction from 2011 funding.
Indeed, with the end of earmarks, the typical pork posse, Republican Sens. John McCain of Arizona and Tom Coburn of Oklahoma, has had to cast a wider net. Millionaire farmers - still getting crop subsidies - and slumlords - still getting payments from the Department of Housing and Urban Development - are two new targets. And McCain found himself ambushed - in almost McCain-like fashion - when he challenged the practice of highway construction funds being diverted to pay for "transportation enhancement" projects such as welcome centers, museums and landscaping.
At issue is a federal formula that requires 10 percent of surface transportation funds to go for such enhancements, something many conservatives oppose because of the drain on gas tax dollars. Trying to be pragmatic, McCain crafted his amendment to leave untouched bicycle paths and environmental improvements for wildlife. But his reward was to be sharply attacked by Sen. Jim Inhofe (R-Okla.) for favoring "bike trails and turtle bridges," while Democrats cast his language in the worst light, suggesting it goes far beyond highways and would impact landmark Amtrak stations and even the Brooklyn Bridge.
"I had no contemplation that civilization would be so affected by such an amendment," McCain answered, taken aback. When asked if she had ambushed McCain - as he has so famously done to others in the past - Sen. Patty Murray (D-Wash.), who is one of the bill managers, smiled tightly.
"I just read what he did," Murray said of the amendment. "I know the law is the law. Intent is nice, but people have to interpret the law."
"It wasn't well written, but it's not the only thing that's badly written up there. That's why we revise," Sen. Richard Shelby (R-Ala.) said, gesturing toward the second-floor chamber. "It's not a cure-all. It's an amendment. It's a statement."
"I think sometimes around here, we think more in terms of trick than treat," said Sen. Johnny Isakson (R-Ga.)
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Democrats Fret About Stricter Voter ID Laws
Congressional Democrats are warning that stricter voter identification laws sweeping through state legislatures could suppress voters in the 2012 elections.
At least 34 states have introduced legislation, with varying degrees of restrictiveness, that would require voters to display identification at the polls before they are given a ballot. Some of these laws require voters to produce photo identification; some do not.
The battleground state of Wisconsin has a new law requiring photo IDs, while proposals at various legislative stages in the perennial presidential swing states of Ohio and Pennsylvania are also giving Democrats heartburn. The more restrictive voting ID measure in Ohio is pending Senate floor consideration. A bill to introduce ID rules for the first time in Pennsylvania has passed the state House and is currently in a state Senate committee.
Democratic National Committee spokesman Alec Gerlach said Ohio is "one of the states where this has been a big concern."
A report by the Brennan Center for Justice, a public policy and law institute based at the New York University School of Law, found that more voter ID bills have been introduced this year than in any other year in history.
New voter ID laws have been enacted in Kansas and Rhode Island, and lawmakers in Alabama, South Carolina, Tennessee and Texas have moved to tighten laws previously in place, according to data collected by the National Conference of State Legislatures.
"When you have millions potentially unable to vote, it will undoubtedly have political consequences," said Wendy Weiser, a co-author of the Brennan Center report.
Civil rights icon Rep. John Lewis (D-Ga.) called the laws a "poll tax" on the House floor. Sen. Michael Bennet (D-
Colo.) this summer asked the Department of Justice to review the voter ID changes to ensure that voting rights are not infringed on, writing in a letter that the measures "have the potential to block millions of eligible American voters."
This week, Bennet said he hopes the DOJ will make sure the new laws do not disenfranchise voters or violate civil rights.
"The right to vote is the central foundation of our representative democracy. Some new state laws may impede the exercising of that right by thousands of Americans," he said.
Fifteen Democratic Senators have joined Bennet's effort. Democrats opposing voter ID laws say they unfairly target minorities, college students and the elderly - voters who are less likely to have a government-issued ID and people who, incidentally, traditionally vote for Democrats.
One estimate suggests that as many as 5 million voters could be affected by the rule changes in 2012 - a number greater than the margin of victory in the 2000 and 2004 presidential elections.
Democrats are reluctant to openly acknowledge the political consequences of these laws in future elections, saying the issue for them is about infringements on voter's rights. But they do argue that the laws hurt Democratic voters more than Republicans.
Republicans counter that voter identification laws are essential to prevent voter fraud.
Wisconsin Gov. Scott Walker (R) said he is supporting voter ID legislation to make sure "elections are run fairly and securely."
One sliver of good news for Democrats is that so far this year, voter ID bills have had little success in most of the states that President Barack Obama won in 2008 that will again be competitive in 2012.
Bills in Nevada, New Hampshire, New Mexico, Iowa and North Carolina have stalled, failed or were vetoed by the governor. Colorado, Florida, Virginia and Michigan already had voter ID laws in place and have seen no further tightening of the rules this year.
Weiser said the lack of success this year for voter ID bills in battleground states has more to do with split party control than the states' statuses during national elections. The parties share power in Virginia, Colorado, Iowa, New Hampshire, North Carolina, Nevada and New Mexico. Still, she said, "The battleground states are the ones where the fights are the fiercest."
The DNC's Gerlach said winning small battles in these states is little conciliation when it comes to protecting voters.
"Even if it happens in a couple states, regardless of what states they are, it is not good," he said.
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A state senator plans to ask his Statehouse colleagues Thursday to help him lobby Congress for the right to tax online sales.
Sen. Luke Kenley, R-Noblesville, said this week he will pitch state lawmakers on the need to apply the state sales tax to online retailers. He estimates taxing online sales could net the state up to $400 million annually, but said it is as much about putting online retailers on the same playing field as traditional merchants.
"Our bricks and mortar retailers are being put at a huge disadvantage in this system," Kenley said. The state levies a 7-percent sales tax on most goods, giving online retailers a sizable advantage.
But the change will have to go through Congress. That is why Kenley said he will ask members of the Legislature's Commission on State Tax and Financing Policy to help him lobby Indiana's congressional delegation for the change.
Indiana Retail Council President Grant Monahan says state lawmakers could make an immediate gain by rewriting state law to apply the tax to Seattle-based online giant Amazon.com. Monahan said Tuesday the state can do this without waiting on the federal government because Amazon operates distribution centers in the state.
"We support that tax for all online retailers across the country, but apart from all that I believe that Indiana can do something now," he said.
Companies he represents with bricks and mortar operations collect sales taxes on online purchases, too, and send them to the states where the buyer had the merchandise shipped, Monahan said. Their "physical presence" in a state mandates they charge and collect the tax.
An Amazon spokeswoman said Wednesday she would rather see the issue addressed by Congress than state by state.
"We believe the sales tax issue needs to be solved at the federal level and we're actively working with the states, retailers and Congress to get federal legislation passed as soon as possible," Amazon spokeswoman Mary Osako wrote in an email response to questions.
Amazon operates three distribution warehouses in Indiana and announced in July it plans to open a fourth in the state.
A 1992 Supreme Court ruling effectively barred states from collecting taxes from most online operations. Kenley is president of the national group lobbying Congress for a new law. He is hoping the measure makes it into the package being crafted by the deficit reduction committee, thus giving it a better chance of approval by the frequently gridlocked Congress.
The Senate's second-ranking Democrat, Illinois Sen. Dick Durbin, is sponsoring the Senate measure. But some Republicans, including many of the freshmen members who have signed anti-tax activist Grover Norquist's pledge, are skittish about signing on with anything that may be seen as a tax hike, Kenley said.
"The solution is in the hands of the U.S. Congress," Kenley said. "We could pass legislation until the cows come home and it is not going to solve the problem."
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Until tomorrow,
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