By CongressDaily staff,
© National Journal Group Inc.
Monday, Dec. 3, 2007

It is unclear how wonderful a time of the year it will be for Congress, as major components of the Democratic majority's domestic agenda are unfinished, 11 spending bills have not been signed into law and the continuing resolution funding the government expires in days.

Comprehensive energy legislation, the 2007 farm bill, free trade agreements, the defense authorization bill, measures to overhaul the Bush administration's spying activities, and all those spending measures are on the table. Lawmakers must make some progress on appropriations before the current CR expires Dec. 14 to avoid a government shutdown. All that, and Christmas is still Dec. 25 and the Iowa caucuses Jan. 3.

House Democratic leaders will look to bring energy legislation to the floor this week, though it is unclear how comprehensive a package it will be.

The timeline is even murkier regarding Senate action, though that would likely occur later in the month.

The House and Senate have been engaged in talks in recent weeks in an attempt to get legislation to the president by Christmas.

The legislation is expected to increase fuel efficiency standards and renewable fuels production, as well as include a noncontroversial set of energy efficiency and conservation provisions.

A renewable electricity mandate and some tax provisions are possible.

House Energy and Commerce Chairman John Dingell, D-Mich., and Speaker Nancy Pelosi, D-Calif., huddled late last week on a deal on increasing Corporate Average Fuel Economy standards for cars, light trucks and SUVs.

Pelosi has scheduled a Caucus meeting for Tuesday night after the last vote on suspension bills to talk about energy.

While there is a consensus to increase the average CAFE standard from 25 miles per gallon to 35 miles per gallon by 2020, Dingell wants language harmonizing future EPA controls on greenhouse gas tailpipe emissions with fuel efficiency standards overseen by the National Highway Traffic Safety Administration.

Another component of the package might extend expiring flex fuel credits for automakers, which would be criticized by environmental groups as creating a loophole in the fuel efficiency requirements.

Another bone of contention between the House and Senate is how much Congress should require increased production of ethanol and other alternative motor fuels.

The Senate has pushed for a mandate of 36 billion gallons by 2022; the House has proposed a smaller mandate.

Refineries, livestock producers and other critics fear Congress will call for unreachable mandates on the overall production of renewable fuels and specifically for corn-based ethanol.

It is possible for a renewable electricity mandate to be included, though there has been concern expressed in recent weeks that there are not enough votes to overcome a Senate filibuster.

The same holds true for a set of renewable energy tax incentives that were paid for by reducing incentives for oil and gas companies.

The White House has threatened to veto a $16 billion House-passed tax package. In the Senate, Republicans blocked inclusion of a larger package in Senate energy legislation this year that the Finance Committee had approved.

Meanwhile, the energy bill is likely to have an impact on the farm bill, which will technically be the pending business of the Senate.

The farm bill was on the Senate floor for almost two weeks before the recess, but fell victim to a dispute over amendments.

On Nov. 16, the last day before the recess, the Senate failed to invoke cloture. All Democrats and four Republicans voted for cloture, but the 55-42 vote was short of the 60 needed to move forward.

Senate Energy and Natural Resources ranking member Pete Domenici, R-N.M., said he wanted to add the renewable fuels standard to the farm bill because he believed the farm bill was more likely to move forward than the energy bill.

Reid opposed that because it would remove some of the pressure to finish the energy bill.

On Friday, a Domenici spokesman indicated the senator is focused on adding the renewable fuels standard to the energy bill.

"Sen. Domenici remains committed to doing a renewable fuels standard," the spokesman said. "He is optimistic that a robust renewable fuels standard will be part of an energy bill package that could be on the floor soon. It remains to be seen whether the renewable fuels standard will even be germane on the farm bill."

Even if the renewable fuels standard is resolved in the energy bill, Democrats face the prospect of dealing with Republican pressures for votes on issues unrelated or only tangentially related to the farm bill, particularly on taxes and immigration.

One Senate GOP aide said it was clear Reid wanted to avoid votes on those issues, but that "when you are the majority sometimes you have to vote on stuff, that is the price of doing business. Reid just didn't want to play ball."

Meanwhile, two coalitions sent letters to senators last week urging them to act on the farm bill.

The National Farmers Union, the American Soybean Association and 17 other groups wrote that extending the 2002 farm bill would mean writing a bill with a smaller baseline because countercyclical spending continues to drop.

The Specialty Crop Alliance, representing 120 grower groups, wrote that failure to complete the bill would mean losing the industry's "landmark advances" in the bill.

Meanwhile, the Senate is set to begin debate today on the U.S.-Peru free trade agreement this week, with a vote expected Tuesday.

Under trade negotiating authority timelines, the Senate must vote on the pact by Dec. 12.

The Senate might hold up to 20 hours of debate on the pact. The agreement is expected to pass with a large majority, with Democrats roughly split on it.

The Senate could begin consideration of legislation to change the Foreign Intelligence Surveillance Act.

Senate Republicans are scheduled to meet Thursday to fill at least two leadership vacancies created by last week's announcement by Minority Whip Trent Lott, R-Miss., that he will resign before the end of the year.

Republican Conference Chairman Jon Kyl of Arizona is unopposed to replace Lott as whip, but Republican Policy Committee Chairwoman Kay Bailey Hutchison of Texas and Sens. Richard Burr of North Carolina and Lamar Alexander of Tennessee are all seeking to succeed Kyl.

If Hutchison wins the GOP Conference chairmanship, then another race would ensue for her Policy Committee chairmanship. At that point, Republican Sens. Jim DeMint of South Carolina, John Thune of South Dakota and John Cornyn of Texas, who already serves as secretary of the Republican Conference, might enter the picture.

The Senate meets today at 2 p.m. for morning business.

The House is not in session today. The House meets at 2 p.m. Tuesday for legislative business. On Wednesday and Thursday, the House meets at 10 a.m. for legislative business. No votes are expected Friday.

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