This week in Congress, Sen. Majority Leader Harry Reid [3] will face dissent within his caucus this week when the Senate debates policy for conducting intelligence gathering within the U.S. It also appears Congress will finally approve a $515 billion spending package, capping months of continuing resolutions and partisan feuding over the 2008 federal budget. President Bush may also have a comprehensive energy bill to sign by week’s end, if the House can approve the Senate’s weakened version of the CLEAN Energy Act. Medicare and the State Children’s Health Insurance Program will likely see votes as well.

FISA Revamp
The Senate today will take up reform of the Federal Intelligence Surveillance Act [4], the 1978 law that regulated the nation’s intelligence gathering apparatus and its application at home and abroad. Lawmakers will debate the RESTORE Act [5], a successor of the Protect America Act [6], which included temporary changes to FISA. The PAA expires in February, necessitating Congressional action for reforms to continue.

Two versions of the RESTORE Act have been pushed in the Senate: one by the Intelligence Committee and another by the Judiciary Committee. The Judiciary bill varies from the Intelligence version in several respects: it prohibits the bulk surveillance of foreign telecom traffic that is not directed at a specific person or source. The Judiciary bill also mandates an audit of past National Security Agency activities (which may have been illegal) and requires a court review of activities that are directed against American citizens regardless of whether they are the target of a specific investigation.

However, the most glaring difference is telecom immunity. The Intelligence version grants phone and internet companies retroactive protection from prosecution for their cooperation with the Bush administration in surveilling American citizens. The Judiciary version of the bill does not contain immunity, and the bill approved by the House in October. Bush has threatened to veto any bill that does not include the immunity.

Reid will introduce the Intelligence version today. Sens. Chris Dodd [7] and Russ Feingold [8] have heatedly opposed the bill, and Dodd has threatened a filibuster as well.

FY 08 Budget
Later this week, the Senate should resume work on the 2008 omnibus spending package. The House will probably vote tomorrow. Democratic leaders are working on a delicate balance, following weeks of squabbling with the White House. Reid and House Speaker Nancy Pelosi [9] have been forced to back down on every proposal they’ve made on the omnibus bill, and now plan to offer a package that squeaks past Bush’s budget recommendations.

They’re including $3.7 billion in “emergency spending” for veterans' programs, $7.5 billion to enhance border security, and some $2.4 billion for the State Department foreign operations. Other “emergency” money would help provide relief for the drought-stricken Southeast, improve wildfire suppression, and rebuild I-35’s collapsed bridge in Minneapolis.

The bill doesn’t please everybody: anti-war Dems will likely balk at the idea of providing as much as $70 billion for the Afghanistan and Iraq wars, while fiscally conservative Republicans won’t like the billions in added funds. Keeping lawmakers earmarks in the package will probably help sweeten the deal.

Medicare and SCHIP
After their attempts at expanding the State Children’s Health Insurance Program [10] failed to overcome three Bush vetoes, Democrats plan to preserve funding levels is now being floated as part of Medicare legislation. The Medicare bill would prevent a 10-percent pay cut for physicians from taking effect.

Energy Act
The House is set to approve a watered-down version of the CLEAN Energy Act [11], requiring automakers to meet tough fuel efficiency standards for the first time in 30 years. The bill also mandates new energy efficiency standards for light bulbs and for federal buildings, and an alternative fuels objective for refiners.

The House approved the CLEAN Energy Act earlier this month, but that version included a renewable portfolio standard for utility companies and ended $13.5 billion in tax cuts for oil and gas companies. The Senate was able to break a Republican filibuster, however, so those provisions were stripped before the bill was approved.

Hearings Schedules:
December 18, 2007

Senate

• Senate Committee on Armed Services [12]
  To hold hearings to examine the nominations of Mary Beth Long, of Virginia, and James Shinn, of New Jersey, both to be an Assistant Secretary of Defense, and Craig W. Duehring, of Minnesota, and John H. Gibson, of Texas, both to be an Assistant Secretary of the Air Force, all of the Department of Defense, 10 a.m., SH-216.
• Senate Committee on the Judiciary [13]
  To hold hearings to examine the nominations of Ondray T. Harris, of Virginia, to be Director, Community Relations Service, David W. Hagy, of Texas, to be Director of the National Institute of Justice, Cynthia Dyer, of Texas, to be Director of the Violence Against Women Office, Department of Justice, and Nathan J. Hochman, of California, to be an Assistant Attorney General, all of the Department of Justice, and Scott M. Burns, of Utah, to be Deputy Director of National Drug Control Policy, 10 a.m., SD-226.
• Committee on Energy and Natural Resources [14]
  To hold hearings to examine the nomination of Jon Wellinghoff, of Nevada, to be a member of the Federal Energy Regulatory Commission, 10:30 a.m., SD-366.
• Senate Committee on Commerce, Science, and Transportation [15]
  To hold hearings to examine the nominations of Carl T. Johnson, of Virginia, to be Administrator of the Pipeline and Hazardous Materials Safety Administration, Department of Transportation, Francis Mulvey, of Maryland, to be a Member of the Surface Transportation Board, and Denver Stutler, Jr., of Florida, Nancy A. Naples, of New York, and Thomas C. Carper, of Illinois, all to be a Members of the Reform Board (Amtrak), 11 a.m., SR-253.
• Senate Committee on Commerce, Science, and Transportation, Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard [15]
  To hold hearings to examine oil spills from non-tank vessels, focusing on threats, risks, and vulnerabilities, 2:30 p.m., SR-253.
• Senate Committee on Homeland Security and Governmental Affairs [16]
  To hold hearings to examine the nomination of Steven H. Murdock, of Texas, to be Director of the Census, Department of Commerce, 3:30 p.m., SD-342.

House

• House Committee on Energy and Commerce [17]
  To continue consideration of H.R. 4040, Consumer Product Safety and Modernization Act, and to consider H.R. 1216, Cameron Gulbransen Kids and Cars Safety Act of 2007, 10 a.m., 2123 Rayburn.
• House Committee on the Judiciary [18]
  Subcommittee on the Constitution, Civil Rights, and Civil Liberties, oversight hearing on the Legacy of the Trans-Atlantic Slave Trade, 10 a.m., 2141 Rayburn.
• House Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security [18]
  Hearing on H.R. 4175, Privacy and Cybercrime Enforcement Act of 2007, 1 p.m., 2141 Rayburn.

December 19, 2007

Senate

• Senate Committee on Homeland Security and Governmental Affairs [16]
  Full Committee, business meeting to consider H.R. 3974, to designate the facility of the United States Postal Service located at 797 Sam Bass Road in Round Rock, Texas, as the “Marine Corps Corporal Steven P. Gill Post Office Building”, H.R. 3470, to designate the facility of the United States Postal Service located at 744 West Oglethorpe Highway in Hinesville, Georgia, as the “John Sidney ‘Sid’ Flowers Post Office Building”, H.R. 4009, to designate the facility of the United States Postal Service located at 567 West Nepessing Street in Lapeer, Michigan, as the “Turrill Post Office Building”, S. 2478, to designate the facility of the United States Postal Service located at 59 Colby Corner in East Hampstead, New Hampshire, as the “Captain Jonathan D. Grassbaugh Post Office”, H.R. 3569, to designate the facility of the United States Postal Service located at 16731 Santa Ana Avenue in Fontana, California, as the “Beatrice E. Watson Post Office Building”, and the nominations of Harvey E. Johnson, Jr., of Virginia, to be Deputy Administrator, Federal Emergency Management Agency, and Jeffrey William Runge, of North Carolina, to be Assistant Secretary for Health Affairs and Chief Medical Officer, both of the Department of Homeland Security, and Steven H. Murdock, of Texas, to be Director of the Census, Department of Commerce, 9:30 a.m., SD-342.
• Senate Committee on the Judiciary [13]
  Full Committee, to hold hearings to consider the nomination of Mark R. Filip, of Illinois, to D1635 be Deputy Attorney General, Department of Justice, 10 a.m., SD-226.
• Senate Committee on Commerce, Science, and Transportation, Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security [15]
  To hold an oversight hearing to examine the Federal Motor Carrier Safety Administration, focusing on truck driver hours-of-service (HOS) rules and truck safety, 10 a.m., SR-253.
• Senate Committee on Foreign Relations [19]
  To receive a closed briefing on Kosovo, focusing on future challenges, 11 a.m., S-407, Capitol.
• Senate Committee on Energy and Natural Resources [14]
  Full Committee, business meeting to consider the nomination of Jon Wellinghoff, of Nevada, to be a Member of the Federal Energy Regulatory Commission, 11:30 a.m., SD-366.

House

• House Select Committee on Energy Independence and Global Warming [20]
  Hearing entitled “After Bali--UN Conference and the Impact on International Climate Change Policy,” 9:30 a.m., 2318 Rayburn.
• House Committee on Foreign Affairs, Subcommittee on International Organizations, Human Rights, and Oversight [21]
  Hearing on the Extension of the United Nations Mandate for Iraq: Is the Iraqi Parliament Being Ignored? 10 a.m., 2200 Rayburn.
• House Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security [18]
  Hearing on Enforcement of Federal Criminal Law to Protect Americans Working for U.S. Contractors in Iraq, 10:15 a.m., 2141 Rayburn.

December 20, 2007

Senate

• Senate Committee on Commerce, Science, and Transportation [15]
  Full Committee, to hold hearings to examine the nominations of Robert A. Sturgell, of Maryland, to be Administrator of the Federal Aviation Administration, and Simon Charles Gros, of New Jersey, to be an Assistant Secretary, both of the Department of Transportation, 2:30 p.m., SR-253.

House

• House Committee on the Judiciary [18]
  Full Committee, hearing on Applicability of Federal Criminal Laws to the Interrogation of Detainees, 10 a.m., 2141 Rayburn.
• House Committee on Oversight and Government Reform, Subcommittee on National Security and Foreign Affairs [22]
  Hearing entitled “Pakistani Elections: Will They Be Free and Fair or Fundamentally Flawed?” 10 a.m., Rayburn.