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Staff and Credits TABLE of CONTENTS Obama Elected to a Second Term, Facing Fiscal Cliff and Nation Divided 2 PAUL ALBERGO Status Quo House Election Outcomes Seen Unlikely to Result in Big Changes 4 Managing Editor, Daily Report for Executives Democrats Expand Majority Status but Contentiousness Looms in January 5 CHERYL SAENZ, MICHAEL R. TRIPLETT Membership Changes to the 113th 8 Assistant Managing Editors, Daily Report for Executives 113th Congress by the Numbers 52 REPORTERS Alexei Alexis, Paul Barbagallo, Alison Bennett, SENATE HOUSE Lydia Beyoud, Cheryl Bolen, Heather Caygle, Kenneth P. Doyle, Brett Ferguson, Diane Agriculture, Nutrition & Forestry 12 Admininistration 31 Freda, Lynn Garner, Diana I. Gregg, Marc Appropriations 13 Agriculture 32 Heller, Aaron E. Lorenzo, Jonathan Nicholson, Nancy Ognanovich, Heather M. Rothman, Armed Services 15 Appropriations 33 Denise Ryan, Robert T. Zung Banking, Housing & Urban Affairs 16 Armed Services 35 EDITORS Budget 18 Budget 36 Sean Barry, Theresa A. Barry, Jane Bowling, Sue Doyle, Kathie Felix, Steve France, Commerce, Science & Transportation 18 Education & the Workforce 37 Dave Harrison, John Kirkland, Vandana Energy & Natural Resources 20 Energy & Commerce 38 Mathur, Ellen McCleskey, Isabella Perelman, Karen Saunders Environment & Public Works 22 Ethics 40 CONTRIBUTING EDITORS Ethics 23 Financial Services 41 Susan Raleigh Jenkins, Jeff Kinney, Susan J. McGolrick, John Sullivan, Joe Tinkelman Finance 26 43 MIKE WRIGHT Foreign Relations 25 Homeland Security 44 Production Control Manager Health, Education, Labor & Pensions 27 Judiciary 45 Homeland Security 24 Natural Resources 46 Judiciary 28 Oversight & Government Reform 47 PAIGE K. CONNOR, DAVID MERRILL, Rules & Administration 29 Rules 42 KIMBERLY WAYNE Designers Small Business & Entrepreneurship 30 Science, Space & Technology 48 KELLY REILLY Small Business 36 Graphics Editor JOINT Transportation & Infrastructure 49 DAVID ROGOWSKI Photo Editor Economic 11 Ways & Means 50 CONTRIBUTORS Taxation 11 Rich Clement, Danny Dougherty, Loren Duggan, David Evans, David Ingold, Dave Merrill, George Petras, Greg Sullivan, Alex Tribou, Rachel Yu KATHLEEN HAYDEN, KEN SANDS Site Operations Letter From the Editor

PETER T. GRAUER Bloomberg BNA and Bloomberg Government have come together to produce a guide on the Chairman, Bloomberg 113th Congress that gives readers an in-depth look at who is expected to be chairman and ranking DAN DOCTOROFF President & CEO, Bloomberg member on House and Senate committees plus what each panel’s legislative agenda will be in the NORMAN PEARLSTINE, new year. Our reporters also take a look on how the leadership races are shaping up in both cham- Co-Chairman of Bloomberg Government bers, and how the presidential outcome will impact Capitol Hill. DON BAPTISTE Head of Bloomberg Government Paul Albergo PAUL N. WOJCIK Chairman, BNA Managing Editor, Bloomberg BNA Daily Report for Executives GREG MCCAFFERY CEO & President, BNA MICHAEL EISENSTEIN VP & Group Publisher, BNA REBECCA PEARL MCCRACKEN Executive Editor, BNA

PHOTOS Photos are courtesy of the congressional offices unless otherwise noted.

COVER Photographer: Joshua Roberts/Bloomberg Concept: David Merrill © Bloomberg Finance LP www.bna.com | www.bgov.com Preview of the 113th Congress | 1 White House Obama Re-Elected to Second Term, Facing Fiscal Cliff, Divided Nation

President Obama will face essentially the same Congress and an even more closely divided nation in his next term, as he tackles the immediate crisis of the fiscal cliff and the longer term issues of trade, tax reform, and energy. “By itself, the recognition that we have common hopes and dreams won’t end all the gridlock, or solve all our problems, or sub- stitute for the painstaking work of building consensus, and making the difficult compro- mises needed to move this country forward,” Obama told campaign workers and support- ers in a speech in , after Republican presidential nominee conceded defeat. “But that common bond is where we must begin.” For at least the next two years, Obama will face a Congress similar in makeup to the last two years, with which he battled constantly over his legislative priorities. The Repub- PHOTOGRAPHER: JOSHUA ROBERTS/BLOOMBERG lican majority in the House will be led by A Democratic supporter holds a “Forward” sign as people gather Nov. 6 to celebrate U.S. House Speaker (R-), who President ’s re-election in front of the White House in Washington, D.C. has already laid down markers over taxes that puts him at odds with the president. and new businesses that follow, Obama said. The business community is pledging its support specifically in the lame-duck session The Senate, meanwhile, will remain in the “We want our children to live in an Amer- to get the fiscal cliff resolved and decide hands of Democrats and Majority Leader ica that isn’t burdened by debt; that isn’t expiring tax provisions, avoid sequestration, (D-Nev.), who is a strong Obama weakened by inequality; that isn’t threat- and address the debt ceiling, he said. supporter. He will be challenged at every turn, ened by the destructive power of a warming however, by Senate Republican Leader Mitch planet,” the president said. “Then I think importantly that sets the McConnell (R-Ky.), who under Senate rules, stage for a grand bargain in 2013, where we But as it has for more than two centuries, wields considerable power to block measures. can get serious about comprehensive entitle- progress will come in fits and starts, Obama ment reform as well as comprehensive tax “Tonight, you voted for action, not politics said. And recognizing commonalities does reform that restores our global competitive- as usual. You elected us to focus on your not solve problems, substitute for building ness,” Engler said. jobs, not ours,” Obama told his supporters. consensus or making difficult compromises, he said. This is all part of a strong economic “And in the coming weeks and months, agenda, and there is also opportunity for I am looking forward to reaching out and In a conference call with reporters, leaders regulatory reform, approvals, and permitting, working with leaders of both parties to meet of three influential business organizations of- Engler said. “We think those also are on the the challenges we can only solve together: fered their assessment of the election results. agenda, and should be again part of a growth reducing our deficit; reforming our tax code; strategy which we would hope would be John Engler, president of the Business fixing our immigration system; freeing incorporated on a bipartisan basis,” he said. Roundtable, said the group sent a letter to ourselves from foreign oil. We’ve got more the president warmly congratulating him and work to do,” he said. The president has won a mandate, because pledging to work with him to address the that is what winning elections is all about, Obama said that despite their differences, inaction and the uncertainty that have been Engler said. “It’s not the margin, it’s the vic- most people in this country share certain hanging over Washington for months. tory,” he said. hopes for America’s future. With the election behind them, it is time to In this case, more Democrats in the Senate Among them, a country that lives up to its get right to work, and the nation will expect heightens the responsibility of the president legacy as a global leader in technology, dis- the White House and Congress to cooperate, to lead, Engler said. While Republicans are covery, and innovation, with all the good jobs Engler said. the loyal opposition, they are in the minor-

2 | Preview of the 113th Congress www.bna.com | www.bgov.com ity and will have to work with Democrats to with entitlement and tax reform that might NAM released an analysis on the fiscal move the country ahead, he said. not appeal to either party’s base, Casey said. cliff, which shows it is already having an He was going to have to do something to impact by cutting 0.6 percent from this year’s “We’re poised to lead a global economic stabilize the debt, pull the plug on the fiscal GDP alone, Timmons said. recovery, but only if we act properly and cliff, do something to get over the gridlock in timely,” Engler said. Congress, and avoid a downgrade of nation’s Timmons said the business community is credit rating, he said. looking forward to having a dialogue with On the issue of raising taxes on the the administration about moving forward and wealthy, Engler said the president has the Now, leadership matters, Casey said. “[En- averting the fiscal crisis with its end-of-year obligation to put forward a proposal and GOP gler] talked about a mandate. Yes, there is a deadline. Businesses need to operate in an en- have an obligation to respond. Engler said the mandate I think, and that mandate is to come vironment of certainty and they are concerned Senate, with more seats in the majority party, together to solve these problems,” he said. about their global competitors, he said. also has a mandate, but it is not to do less. The business community, while con- Manufacturing is 20 percent more expen- There is a convincing economic argument gratulating the president on his win, is also sive in the after labor costs are to make for not raising taxes in the short hoping to ask in the next few weeks that taken out, because of taxes, regulation, and term, with unemployment around 8 percent this mandate is not so narrowly defined that energy policy, Timmons said. and 2 percent GDP growth, Engler said. it prevents opportunities to get everyone around the table to overcome the gridlock, “We want to make sure that our nation’s “When you start dealing with the fiscal Casey said. leaders are focused on reducing that disad- Everest, which is next year in 2013, then I vantage, so that we can grow and we can think you’ve got a whole different discus- Casey said a tax increase for those earning compete and we can create jobs. I mean sion, because you’re talking about entitle- more than $250,000, or however it is defined, that’s really the bottom line,” he said. ment reforms, you’re talking about compre- will neither solve the fiscal cliff nor the long- hensive tax code revisions,” he said. term deficit issue. The mandate is to fix the According to a statement from the White problem, he said. House, overnight and the morning after the Engler predicted there will be reluctance in election, the president telephoned Boehner, Congress to put a lot of revenue on the table Jay Timmons, president and chief execu- Reid, McConnell and House Democratic without substantial reform to go with it. tive officer of the National Association of Leader (D-Calif.) to talk Manufacturers, said it is no secret that the about the legislative agenda for the remain- Whatever is done during the lame-duck business community has had reservations der of the year. session must be minimal to avert the fiscal cliff, Engler said. There are more than 60 tax provisions that expired last year, and the “The election is over and I think folks in the business Internal Revenue Service is having difficulty providing advice, he said. community believe it’s time to unite our country, Engler suggested simply extending all because America’s competitiveness is truly at stake.” expiring tax provisions through calendar year Jay Timmons, President and Chief Executive Officer 2013 until a grand bargain can be negotiated. of the National Association of Manufacturers Greg Casey, president and chief execu- tive officer of BIPAC, the business political action committee, said there was once a time about the administration’s agenda over the The president reiterated his commitment to for politics and a time for governing, but last four years. finding bipartisan solutions to reduce the na- that in the last few years there has been little tion’s deficit in a balanced way, cut taxes for governing. “But today, that is now history. The elec- middle class families and small businesses, tion is over and I think folks in the business and create jobs, it stated. Regardless of who won the election, there community believe it’s time to unite our were certain economic realities that had to be country, because America’s competitiveness The president said he believed that dealt with, Casey said. The House majority is truly at stake,” he said. sent a message in this election that was going to be the same and the Senate was leaders in both parties need to put aside their partisan interests and work with common not likely to hold the critical number of 60 The ability to grow as an economy and purpose to put the interests of the American votes, he said. create jobs is paramount, Timmons said. There is nothing more urgent than dealing people and the American economy first. And either way, the president was going with the fiscal crisis, which is already having By Cheryl Bolen to have to raise the debt ceiling and deal an impact on the economy, he said. www.bna.com | www.bgov.com Preview of the 113th Congress | 3 House Overview Status Quo House Election Outcomes Seen Unlikely to Result in Big Changes

House Democrats appeared Nov. 7 to have his post as House majority leader. The third- Scholars, said Nov. 7 that Pelosi could face picked up a handful of seats, but not enough to ranking slot, Republican whip, is expected to some pressure to step down, though it was tip the balance of power in the chamber. be retained by Cantor’s confidante, Rep. Kevin unclear how much.“She had promised a big McCarthy (R-Calif.). pickup, if not a takeover,” he said. While some House races remained unde- termined, Republicans claimed victory early, On the Democratic side, the picture is Leadership outcomes may largely depend on even when contests for control of the Senate slightly less clear. Democratic Leader Nancy the tone of the new House. Democrats will point and White House were uncertain. Speaker Pelosi (Calif.) has given no public signs that to the pickup in seats as well as the victories in John Boehner (R-Ohio) told a watch party in she intends to step aside, though some House the Senate and for the White House. Republicans downtown Washington, “The American people Democrats thought she would do so in 2010, will point to continued control of the House. want solutions and tonight they responded by after Democrats lost control of the House. The renewing our House Republican majority.” second-ranking Democrat, Rep. Steny Hoyer Boehner said in a formal statement,“The (Md.), is expected to retain his post as party American people re-elected the president, and “With this vote, the American people have whip, though he could move up if Pelosi de- re-elected our majority in the House. If there also made clear that there’s no mandate for cides to step aside. Rep. James Clyburn (S.C.) is a mandate, it is a mandate for both parties to raising tax rates,” Boehner said. is expected to maintain his third-ranking slot as find common ground and take steps together to assistant Democratic leader. help our economy grow and create jobs, which Prior to the election, Republicans held a 240- is critical to solving our debt.” 190 advantage over Democrats, with five seats However, contested races are possible for vacant. Democrats had hoped to gain a net 25 Republican conference chairman, the fourth- Rep. Jim Jordan (R-Ohio), the chairman of seats to take control, but instead appeared to ranking party slot currently held by Rep. Jeb the conservative House Republican Study Com- harvest a gain in the single digits. Hensarling (); and for the fifth-ranking mittee, said, “Although there were certainly Democratic spot, caucus vice chairman, held disappointments, I take great heart in the strong “We didn’t get the 25 we needed to take the by Rep. (Calif.). endorsement of House Republicans’ conser- majority, but we did better than anybody would vative message and ideas. Many passionate have expected. You know the Republicans in Republicans are set to hold their leadership conservatives were elected and reelected to the the House were saying that they were going to elections Nov. 15, while Democrats have set House and Senate yesterday who remain com- net 16 seats; instead we will net between six theirs for the next week Congress is back in mitted to defending and advancing liberty.” and eight seats,” Rep. Steve (D-N.Y.), session, Nov. 29. the chairman of the Democratic Congressio- Wolfensberger said it remained to be seen nal Campaign Committee, told cable network One Democratic aide told BNA Nov. 7 that whether the election would change the attitudes MSNBC Nov. 7. it was Pelosi’s decision as to whether to remain of members. as leader of the party in the chamber. “It’s up Both parties have set their dates for party to her to figure out what she wants to do,” the “What we have to find out is are they really leadership elections, and it does not appear that aide said. bringing any lessons back from the campaign the regimes will change significantly. Boehner trail?” he asked. “I just don’t get that sense yet.” is expected to retain his role as speaker while Don Wolfensberger, senior scholar at the Rep. (R-Va.) is expected to keep International Center for By Jonathan Nicholson Balance of Power: 113th Congress House

Democrats Republicans

Control of House 8 undecided races

Note: A ninth undecided race is shown as a red Republican seat. Two Republicans will compete in a runoff.

4 | Preview of the 113th Congress www.bna.com | www.bgov.com Senate Overview Democrats Expand Majority Status but Contentiousness Looms in January

Senate Democrats’ strong showing in the In remarks delivered early Nov. 7, beat former Rep. Heather Wilson (R) to Nov. 6 election will put them in position to Obama described his agenda in broad win the seat of retiring Sen. Jeff Bingaman control the chamber and help steer Presi- strokes, saying he wants to work with (D). Late Nov. 7, Heidi Heitkamp (D) was dent Obama’s second-term agenda in the Congress to change the tax code, deal declared the winner in a race against Rep. 113th Congress that convenes in January. with fiscal problems such as the debt, and Rick Berg (R-N.D.) for the seat of retiring address the nation’s immigration system. Sen. Kent Conrad (D-N.D.). With solid wins in several critical races, Reid echoed those comments, saying those Democrats more than managed to retain issues will be top priorities for Senate Republicans were able to defend their their majority status against heavy odds Democrats in the coming months. seat in Arizona, where Rep. Jeff Flake (R) and now will begin strategizing on how to beat Richard Carmona (D) for the seat of push Obama’s initiatives, from an overhaul Reid’s bigger majority in large part was Sen. (R). Sen. Dean Heller (R- of the tax code to comprehensive immigra- determined by the outcome of 15 critical Nev.) also won reelection. A GOP pickup tion reform. contests. Among them were the races in occurred in Nebraska, where and Maine, where Republi- beat former Sen. (D) for the Senate Democrats scored a net gain of two can seats changed hands. seat of retiring Sen. Ben Nelson (D). seats and can likely count on the support of (D) defeated incumbent Sen. two Independents for many of their initia- (R-Mass.) and (I) won the seat Reid said he believes the election results tives. That means Democrats could control 55 long held by retiring Sen. Olympia Snowe should send a message to Republicans that seats versus 45 for Republicans, who suffered (R-Maine). it is time to work with Democrats on issues a net loss of two seats in the election. of importance to voters and to pull back A Democratic pickup also occurred in from issues such as and birth con- Majority Leader Harry Reid (D-Nev.) Indiana, where Rep. Joe Donnelly (D-Ind.) trol. He noted that almost one-third of his expressed satisfaction that Democrats man- defeated Richard Mourdock (R) to claim the caucus now will be composed of women. aged to hold the chamber despite having seat long held by Sen. (R). to defend 23 seats to Republicans’ 10 seats “This was really the message the Ameri- in the election. But he told reporters that Democrats also did well defending their can people sent from all over, and that Democrats won’t be able to rest on their own seats. Among others, incumbent Sens. is they’re tired of the partisan gridlock, laurels for long and that work needs to (Ohio), Claire McCaskill they’re tired of things like, `Well, I have begin almost immediately on striking deals (Mo.), (Fla.), one goal: Defeat Obama,’” Reid said, refer- with Republicans on issues such as budget (W.Va.), Bob Casey (Pa.), and ring to McConnell’s stated desire to keep sequestration and expiring tax cuts. He said (Mont.) prevailed in close races. Obama a one-term president. “That’s gone. he wants to tackle the so-called fiscal cliff Obama was reelected overwhelmingly.” during a lame-duck session. “[T]he election’s over and we have enor- mous challenges ahead of us right here, and “Now it’s time for the president to propose solutions we have to sit down and go to work on it now, not wait,” Reid said at a Capitol Hill that actually have a chance of passing ... step up to the press conference. plate on the challenges of the moment, and deliver in a But Minority Leader Mitch McConnell way that he did not in his first four years in office.” (R-Ky.), who lost his two-year battle to take Reid’s job, issued a statement shortly after Sen. Mitch McConnell, Senate Minority Leader Obama won re-election saying it is up to the president to move closer to Republicans’ po- sitions on issues such as taxes and spending. Democrats also hung on to many open Reid said he is eager to start work soon seats their party held, including in Con- on addressing the budget sequestration due “Now it’s time for the president to pro- necticut, where Rep. defeated to take effect, and the tax cuts that are due pose solutions that actually have a chance Linda McMahon (R); and in , where to expire, in early January without congres- of passing the Republican-controlled House beat former Sen. George Allen sional action. He said he spoke earlier in of Representatives and a closely-divided (R) for the seat of retiring Sen. the day to House Speaker John Boehner (R- Senate, step up to the plate on the challeng- (D). Rep. (Wis.) beat Ohio) about the next steps for lawmakers. es of the moment, and deliver in a way that former Gov. Tommy Thompson (R) for the he did not in his first four years in office,” seat of retiring Sen. (D-Wis.). “Waiting for a month, six weeks, six said McConnell. In New Mexico, Rep. (D) months, that’s not gonna solve the prob-

www.bna.com | www.bgov.com Preview of the 113th Congress | 5 lem,” Reid said. “We know what needs to With Democrats claiming the support Meanwhile, key Senate committees be done.” of most Latino voters in the 2012 elec- already have been preparing for leadership tion, Reid said immigration reform will be changes that will take effect next Janu- Reid said he is willing to negotiate on any “very high” on the priority list for the White ary. Among Democrats, the changes are issue in order to get a deal with Republicans. House and Senate Democrats. relatively few and were primarily brought about because of the planned retirements of “I’m going to do everything within my “[T]he only thing we need to get immi- a handful of long-time members. power to be as conciliatory as possible,” gration reform done [is] a few Republican Reid said. “I want to work together but I votes,” Reid said. “I get 90 percent of the At Budget, Sen. (D-Wash.) want everyone to also understand you can’t Democrats. Couldn’t we get a few Republi- is planning to take over the chairmanship push us around.” cans to join us?” long held by Conrad, who did not stand for reelection this fall. Similarly, an opening for McConnell gave no ground in his brief Despite Democrats’ gains, Reid made Sen. (D-Ore.) to move into the comments. He reiterated his view that there clear he has no illusions that the conten- top slot of the Energy and Natural Resourc- should be no tax cut hikes as part of a bud- tiousness of the 112th Congress is not going es Committee was created when current get deal and that programs such as Medi- to disappear next year. Amid rumors that Chairman Jeff Bingaman (D-N.M.) did not care and Social Security should be looked Republicans plan to force more votes on seek reelection. to for savings. politically charged issues in the new year, the majority leader said he still is planning The Senate Homeland Security and Gov- “To the extent [Obama] wants to move to pursue reforms of the rule early ernmental Affairs panel also is preparing to to the political center, which is where the next year. have new leadership. The retirement of Joe work gets done in a divided government, Lieberman (I-Conn.) as well as that of Sen. we’ll be there to meet him half way,” the Even with significant gains, Democrats Daniel Akaka (D-Hawaii)—next in line in Senate Republican leader said. “That begins still do not have the 60 votes required to seniority behind Lieberman—has created an by proposing a way for both parties to work cut off debate and head off GOP filibuster opportunity for Sen. (D-Del.) to together in avoiding the `fiscal cliff’ without threats on bills and nominees. Reid said he lead the panel in the next congress. harming a weak and fragile economy, and remains interested in changes to the Senate when that is behind us work with us to rule on cloture, which he said has been Murray’s move to chair Budget means reform the tax code and our broken entitle- repeatedly abused. that she will give up her post as the leader ment system. Republicans are eager to hear of the ’ Affairs Committee. Aides the president’s proposals on these and many “We’re not going to do away with the said that switch plus Akaka’s retirement other pressing issues going forward and to filibuster, but we’re going to make the Sen- puts Sen. (I-Vt.) in line to do the work the people sent us here to do.” ate a more meaningful place, we’re going chair the panel. Behind him is Sen. Sherrod to make it so that we can get things done,” Brown (D-Ohio). Besides working on a budget deal, Reid Reid said. said a very high priority in the next Con- But many more changes are said likely gress will be to undertake comprehensive Reid said he intends to make full use to occur in the Republican leadership of the immigration reform. The issue has been of the lame-duck session that begins the chamber’s top committees. Aides said the on the back burner for years amid strong week of Nov. 12 and is expected to run primary reason more than a half-dozen of Republican opposition, but Reid said he well into December. During that time the the ranking members will change is because believes there may be an opportunity to re- current lineup of senators are expected to many lawmakers have already served the vive bipartisan talks once led by Sens. John be at work on budget and tax issues as other maximum six years as ranking that the rules McCain (R-Ariz.) and the late Ted Kennedy items such as the Department of Defense of the Senate Republican Conference cur- (D-Mass.). authorization bill. rently allow.

“We’re not going to do away with the filibuster, but we’re going to make the Senate a more meaningful place, we’re going to make it so that we can get things done.” Sen. Harry Reid, Senate Majority Leader

6 | Preview of the 113th Congress www.bna.com | www.bgov.com Balance of Power: 113th Congress Senate 54 45 Democrats Republicans

Control of Senate 1 Independent

Note: Bernard Sanders (I-VT) is shown above with the Democratic caucus (shown in blue). Senator-elect Angus King (I-ME) has not announced which caucus he will join (shown in yellow).

Other changes are due to planned retire- the ranking job at the Small Business Com- One other panel where the ranking mem- ments. As a result, almost all the ranking mittee. Sen. (R-Idaho) is next in ber is expected to change is Veterans Af- members of the committees will be differ- line on that panel. fairs. Sen. (R-N.C.) is said to ent next winter. have served his maximum six years on the Meanwhile, the retirements of Sens. panel and is likely to be replaced as ranking At Appropriations, Sen. Thad Cochran Kay Bailey (R-Texas) and Olympia Snowe member by Sen. Johnny Isakson (R-Ga.). (R-Miss.) has already served six years as (R-Maine) has left an opening for Sen. Jim the panel’s ranking member. As a result, DeMint to move into the ranking spot at But aides cautioned that the Senate GOP Senate GOP rules call for him to step aside the Commerce, Science, and Transportation term limit rules that do not permit lawmak- to permit Sen. (R-Ala.) to Committee. ers from serving more than six years as take the top GOP slot. ranking members does not mean that they At Foreign Relations, Sen. are barred from becoming chairmen if and Shelby himself has spent the maximum (R-Tenn.) is in line to take the top Repub- when Republicans retake the Senate. The six years allowed him as the ranking mem- lican slot long held by Lugar, who lost his seven lawmakers giving up their ranking ber at the Senate Banking, Housing, and primary race earlier this year. member posts could reclaim the chairman- Urban Development Committee. Aides said ships in the future, they said. Sen. Michael Crapo (R-Idaho) now is line GOP term limit rules also are forcing a to become the top Republican on Banking. change in the leadership of the Health, Edu- As an example, Cochran served two years cation, Labor and Pensions Committee. Here as Appropriations previously but still would A similar situation is playing out at the Sen. (R-Tenn.) is set to have four more years to serve in that job Armed Services Committee, where Sen. move into the ranking slot as Sen. Mike Enzi under GOP rules, aides said. Shelby and John McCain (R-Ariz.) has held the top (R-Wyo.) has served the maximum in the Collins, meanwhile, still could serve two GOP spot for the maximum six years. Sen. position. The switch, however, could require more years as chairmen of the Banking and (R-Okla.) is set to move into the Alexander to give up his ranking position Homeland Security committees, they said. ranking slot on the panel. on the Rules Committee. Cochran or Sen. McCain still would have the full six years to Saxby Chambliss (R-Ga.) are said possible chair Armed Services, they added. Inhofe’s position is similar to that of replacements for Alexander on that panel. Shelby as Inhofe as already spent the maxi- “Time served as ranking member does mum six years as the ranking member of At Homeland Security, Sen. Susan Col- not count as time served as chairman,” a the Environment and Public Works Com- lins (R-Maine) has served her maximum senior aide said. mittee. At EPW, Sen. David Vitter (R-La.) six years in the ranking post and is said is expected to assume the slot long held by likely to be replaced by Sen. Tom Coburn By Nancy Ognanovich Inhofe. But Vitter’s move would open up (R-Okla.). www.bna.com | www.bgov.com Preview of the 113th Congress | 7 House Membership Changes

Retiring Members Sought Other Office State Members Party State Member Party Result Arkansas Mike Ross D Arizona Jeff Flake R Won Senate race California David Dreier R California Bob Filner D Elected San Diego mayor Elton Gallegly R Christopher Murphy D Won Senate race Jerry Lewis R Lynn Woolsey D Connie Mack R Lost Senate race Wally Herger R Hawaii D Won Senate race D Indiana Joe Donnelly D Won Senate race Tim Johnson R Indiana R Elected governor Indiana Dan Burton R Missouri Todd Akin R Lost Senate race Massachusetts Barney Frank D Montana Denny Rehberg R Lost Senate race John Olver D Michigan Dale Kildee D Shelley Berkley D Lost Senate race N. Carolina D New Mexico Martin Heinrich D Won Senate race D Bob Turner R Lost Senate primary R North Dakota Rick Berg R Lost Senate race New York Ed Towns D Tammy Baldwin D Won Senate race D D Defeated by Non-Incumbent Ohio Steve Austria R State Member Party District Steven LaTourette R Oklahoma Dan Boren D California Pete Stark D 15 Todd Platts R Joe Baca D 35 Texas Charlie Gonzalez D Florida R 26 Ron Paul R Illinois Joe Walsh R 8 Washington Norm Dicks D Robert Dold R 10 R 11 Defeated in Primary Bobby T. Schilling R 17 State Members Party Kentucky Ben Chandler D 6 Arizona Ben Quayle R Maryland Roscoe G. Bartlett R 6 Florida R Minnesota Chip Cravaack R 8 R Frank Guinta R 1 Illinois Donald Manzullo R Charlie Bass R 2 Michigan Hansen Clarke D New York Nan Hayworth R 18 Missouri Russ Carnahan D R 24 New Jersey D D 27 Ohio D North Carolina Larry Kissell D 8 R Pennsylvania Mark Critz D 12 Oklahoma John Sullivan R Texas Quico Canseco R 23 Pennsylvania D Losers of Incumbent-vs-Incumbent Matchup D State Member Party District Texas D California Howard L. Berman D 30 California Laura Richardson D 44 Iowa Leonard L. Boswell D 3 Ohio D 16

Undecided Races Arizona 1 Ann Kirkpatrick (D) vs. Jonathan Paton (R) Arizona 2 *Ron Barber (D) vs. Martha McSally (R) Arizona 9 (D) vs. Vernon Parker (R) California 7 *Dan Lungren (R) vs. Ami Bera (D) California 36 *Mary Bono Mack (R) vs. Raul Ruiz (D) California 52 *Brian Bilbray (R) vs. Scott Peters (D) Florida 18 * (R) vs. Patrick Murphy (D) Louisiana 3 *Charles Boustany (R) vs. *Jeff Landry (R) -- runoff *Incumbent

8 | Preview of the 113th Congress www.bna.com | www.bgov.com New Members New Members New Members State Members District State Members District State Members District Arizona Matt Salmon (R) 5 Indiana Jackie Walorski Swihart 2 North Dakota (R) AL Arkansas (R) 4 (R) Ohio Brad Wenstrup (R) 2 California Doug LaMalfa (R) 1 Susan Brooks (R) 5 Joyce Beatty (D) 3 Jared Huffman (D) 2 Luke Messer (R) 6 David Joyce (R) 14 Paul Cook (R) 8 Kentucky Thomas Massie** (R) 4 Oklahoma Jim Bridenstine (R) 1 Eric Swalwell (D) 15 Andy Barr (R) 6 Markwayne Mullin* (R) 2 David Valadao (R) 21 Maryland John Delaney (D) 6 Pennsylvania (R) 4 Julia Brownley (D) 26 Massachusetts Joe Kennedy (D) 4 (R) 12 Tony Cardenas (D) 29 Michigan Daniel Kildee (D) 5 Matthew Cartwright (D) 17 Gloria McLeod (D) 35 Kerry Bentivolio** (R) 11 Tom Rice (R) 7 Mark Takano (D) 41 Minnesota Rick Nolan (D) 8 Texas (R) 14 Alan Lowenthal (D) 47 Missouri Ann Wagner (R) 2 Beto O'Rourke (D) 16 Juan Vargas (D) 51 Montana (R) MT-AL Joaquin Castro (D) 20 Connecticut Elizabeth Esty* (D) 5 Nevada Dina Titus (D) 1 Pete Gallego (D) 23 Florida (R) 3 Nevada Steven Horsford (D) 4 Roger Williams (R) 25 Ron DeSantis* (R) 6 New Hampshire Carol Shea-Porter (D) 1 (D) 33 (D) 9 Ann Kuster (D) 2 Filemon Vela (D) 34 (R) 19 New Jersey Donald Payne Jr.** (D) 10 (R) 36 (D) 22 New Mexico Michelle Lujan Grisham 1 Utah Chris Stewart (R) 2 (D) Joe Garcia (D) 26 Washington Suzan DelBene* (D) 1 New York Grace Meng (D) 6 Georgia Doug Collins (R) 9 Derek Kilmer (D) 6 Hakeem Jeffries (D) 8 Hawaii (D) 2 Denny Heck (D) 10 Sean Maloney (D) 18 Illinois (D) 8 Wisconsin (D) 2 Daniel Maffei (D) 24 (D) 10 * Special election Chris Collins (R) 27 (D) 11 ** Also won special election to serve remainder of 112th North Carolina Richard Hudson (R) 8 Congress. William Enyart (D) 12 Robert Pittenger (R) 9 Rodney Davis (R) 13 Mark Meadows (R) 11 (D) 17 George Holding (R) 13

Senate Membership Changes

Members Retiring Defeated in State Retiring Replaced By Indiana Richard G. Lugar (R) Joe Donnelly (D) Arizona Jon Kyl (R) Jeff Flake (R) Connecticut (I) Chris Murphy (D) Defeated in General Election Florida Ben Nelson (D) Deb Fischer (R) Massachusetts Scott Brown (R) Elizabeth Warren (D) Hawaii Daniel K. Akaka (D) Mazie K. Hirono (D) * King has not announced which party he will caucus with. Maine Olympia Snowe (R) Angus King (I)* New Mexico Jeff Bingaman (D) Martin Heinrich (D) North Dakota Kent Conrad (D) Heidi Heitkamp (D) Texas Kay Bailey Hutchison (R) (R) Virginia Jim Webb (D) Tim Kaine (D) Wisconsin Herb Kohl (D) Tammy Baldwin (D)

www.bna.com | www.bgov.com Preview of the 113th Congress | 9 RESEARCH REVOLUTIONIZED ////////////////////////////////// Bloomberg BNA’s Resource Centers put all the vital content practitioners need in one place.ace.

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9371 Resource Center ad for BGOV election publication.indd 1 11/5/12 11:31 AM RESEARCH Joint Economic JEC Spotlight Could Shine on Changes to Federal Reserve If Brady Named Chair

Re-elected Rep. (R-Texas) is term tool to boost real output and improve second term Nov. 6. Other senators who REVOLUTIONIZED in line to chair the Joint Economic Committee, jobs, particularly through trillions of dollars could return to the committee include Sen. or JEC, after serving as vice chair the last two worth of bond purchases, might actually harm (D-Minn.) and Sen. Bernie years. the economy. The bill would also give official Sanders (I-Vt.), both of whom were re-elected votes to all 12 regional reserve bank presidents like Casey, as well as incumbents not up for But the assignment is not certain because rather than five per year, which would theoreti- re-election in the current cycle, including ////////////////////////////////// the bicameral panel does not treat seniority as cally decentralize the power of the Fed’s board others do. in Washington. Sen. (D-Va.), Sen. Jim DeMint (R-S.C.), Sen. Mike Lee (R-Utah), Sen. Pat Bloomberg BNA’s Resource Instead, the leadership in the House or Though the JEC does not consider and vote Toomey (R-Pa.), and Sen. Dan Coats (R-Ind.). Senate picks the top spot, which flips every on legislation, it held a hearing on Brady’s bill Re-elected House incumbents who served Centers put all the vital content two years between the chambers under rules earlier this year. The House Financial Services governing the committee. That leaves the deci- Committee has jurisdiction over Brady’s Fed in the last Congress include Reps. Michael practitioners need in one place.ace. sion to House Speaker John Boehner (R-Ohio) bill, and its monetary policy subcommittee Burgess (R-Texas), John Campbell (R-Calif.), this time, since Republicans retained the House also held a hearing on it last year. But panel (R-Mich.), (R-Wis.), Practice-specifi c Resource Centers from majority in the 113th Congress. members did not vote on it last year, and it Mick Mulvaney (R-S.C.), remains unclear if that committee’s expected (D-N.Y.), Elijah Cummings (D-Md.), and Bloomberg BNA: Brady as vice chairman was the committee’s new chairman, Rep. (R-Texas), Loretta Sanchez (D-Calif.). top House member in the last Congress. Issues • Antitrust • Intellectual Property would hold a vote if Brady reintroduces the bill in his crosshairs included federal debt, jobs, and Retiring members include Sens. Jeff • Bankruptcy • Internet though Hensarling has also been an outspoken Federal Reserve monetary policy, which he has critic of Fed policy. Bingaman (D-N.M.) and Jim Webb (D-Va.), • Compensation & Benefi ts • Labor & Employment criticized as overly accommodative. Brady has as well as Rep. Maurice Hinchey (D-N.Y.), the • eDiscovery • Privacy & Data Security sponsored a bill (H.R. 4180) that would limit sole House member from the last Congress who In addition to hearings, other functions of • Health • Telecommunications the Fed to a singular focus on price stability in retired. lieu of its current that also charges the JEC panel include research and advice for the central bank with fostering conditions for congressional members. The JEC is made up of 10 members from the A comprehensive source for legal analysis, news, maximum employment. Senate and 10 from the House, and the total The vice chairmanship could fall to Sen. and primary sources: includes 10 Democrats and 10 Republicans. Robert Casey (R-Pa.), who chaired the • One searchable, easy-to-navigate interface He has argued for the change because he By Aaron Lorenzo feels that using monetary policy as a short- committee in the last Congress and won a • The latest legislative and regulatory developments • Intuitive navigation and search features Joint Tax Joint Committee on Taxation Retirements Lead to Two New Committee Members

The rotating chairmanship of the Joint Com- In the Senate, the lawmakers joining Baucus On the Democratic side of the aisle, Ways FOR MORE INFORMATION OR mittee on Taxation will shift back to Rep. Dave to return to the panel are Finance Committee and Means Committee ranking member Sander TO START YOUR FREE TRIAL, Camp (R-Mich.) at the start of the 113th Con- ranking member (R-Utah), and Levin (D-Mich.) will return. It is expected that CALL 800.372.1033 OR VISIT bna.com gress, and two new tax writers will be added to Sens. John D. Rockefeller IV (D-W.Va.), and Rep. (D-N.Y.) also will return. the committee’s roster. Charles Grassley (R-Iowa). The committee meets once per year to or- The committee’s chairmanship flips from year With the retirement of Sen. Kent Conrad (D- ganize and hand off the chairmanship, though to year, with the Ways and Means Committee N.D.), the open spot is expected to go to Sen. in the 112th Congress it also met a couple of chairman holding it in odd years and the Finance (D-Mass.), who is next in the line, additional times to hold discussions about fun- Committee chairman holding it in even years. though it could go to Sen. Ron Wyden (D-Ore.) damental tax reform, which lawmakers of both if Kerry passes. parties expect to occur in the 113th Congress. Senate Finance Committee Chairman Max Baucus (D-Mont.) currently chairs the JCT. On the House side, Rep. Current JCT Chief of Staff Thomas Barthold (R-Texas) will join Camp in returning to the is expected to remain with the committee. The committee is evenly divided with five panel, but the retirement of Rep. Wally Herger House members and five Senate members. Com- (R-Calif.) leaves one open Republican seat, By Heather M. Rothman mittee membership is determined by seniority on which is expected to be filled by Rep. Kevin the House and Senate tax-writing committees. Brady (R-Texas). bna.com 1112-JO9371 © 2012 The Bureau of National Affairs, Inc.

www.bna.com | www.bgov.com Preview of the 113th Congress | 11

9371 Resource Center ad for BGOV election publication.indd 1 11/5/12 11:31 AM Senate Agriculture, Nutrition & Forestry Agriculture Committee Leadership Appears Intact but Panel Loses Experience

The Senate Agriculture bers Sherrod Brown (D-Ohio), Roberts will remain “joined at Committee appears unlikely Bob Casey (D-Pa.), and Kirsten the hip” on major policy provi- to change leadership, but two Gillibrand (D-N.Y.) each held sions, said Mary Kay Thatcher, Democrats and one Republican on for re-election. senior director of congressional will leave thanks to retirements relations at the American Farm and election defeats. One subcommittee is bound Bureau Federation. to see a shake-up. Nelson chairs Committee Chairwoman Deb- the Subcommittee on Commod- Thatcher said her expectation bie Stabenow (D-Mich.) was re- ities, Markets, Trade and Risk for 2013 is “continued farm bill STABENOW elected in what was at one time Management, and Conrad has consideration and continued a close race. Sen. Pat Roberts been second in line. With Sen. gridlock.” (Kan.) will likely remain the Max Baucus (D-Mont.) already ranking Republican, lobbyists chairing the Finance Commit- Although changes on the told BNA, unless shake-ups on tee, and remaining Democrats Agriculture Committee do not other committees lead to a chal- already chairing other Agricul- signal big changes in policy, lenge, perhaps from Sen. Thad ture subcommittees, the top slot the budget baseline for the farm Cochran (R-Miss.), who has on the commodities subcommit- bill will change in March, likely seniority, they said. tee is in flux. forcing an even tighter spend- ing squeeze than the committee On the Democratic side, Sen. Depending how the Finance faced in crafting a bill in 2012, Ben Nelson (Neb.) is retiring; panel’s leadership goes, Gil- Thatcher said. ROBERTS his seat went to a Republican, librand is positioned to hold on Deb Fischer, on Election Day. to the top slot on the Subcom- The Senate passed its farm Sen. Kent Conrad (D-N.D.) is mittee on Livestock, Dairy, bill (S. 3240) in June and has retiring, and Democrats ap- Poultry, Marketing and Agricul- been waiting for the House peared to hold onto the seat with ture Security; Casey to keep the to take up a separate version Heidi Heitkamp leading a close chairmanship of the Subcom- passed by the House Agriculture race to replace him. mittee on Nutrition, Specialty Committee so leaders can take Crops, Food and Agricultural it to a conference committee. On the Republican side, Sen. Research; and Sen. Michael House Republican leaders have Richard Lugar (Ind.) lost in a Bennet (D-Colo.) the Subcom- declined to do so, and lobbyists primary; a Democrat, Rep. Joe mittee on Conservation, For- told BNA they would not be Donnelly, won the seat in the estry and Natural Resources. surprised to see the bill put off general election. until 2013 rather than consid- With the Democrats’ major- ered during the lame-duck ses- “We’re going to lose a lot of ity remaining thin, lobbyists sion in the coming weeks. experience there,” Jon Scholl, predicted little change in the president of the American Farm- committees’ approach on issues. By Marc Hell land Trust, told BNA Nov. 7. If the 2012 farm bill is delayed Agriculture committee mem- until 2013, Stabenow and

12 | Preview of the 113th Congress www.bna.com | www.bgov.com Senate Appropriations Inouye Returns as Committee Chairman but Subcommittee Leaders Set to Change

The Senate Appropriations publican side is that of Sen. Kay The final bill could be devel- Committee is facing a new Bailey Hutchison (R-Texas). oped with a lineup of new sub- round of changes next year to committee chairs and ranking reflect Democratic gains in the The committee, which is members brought about by the Nov. 6 election, Republican charged with overseeing an- retirements and Shelby’s shift to term limit rules, and retirements nual discretionary spending by the top GOP spot. among senior members of both the federal government, has parties. seen significant change since Kohl’s departure open up the early 2009 when Inouye became chairmanship of the Agriculture While Sen. Daniel Inouye chairman. In addition to the Subcommittee. But his succes- INOUYE (D-Hawaii) is set to return as loss of former chairmen Sens. sor is not clear as the next most chairman of the committee, (D-W.Va.) and senior Democrat—Sen. Tom Republican rules will force Sen. (R-), many Harkin (D-Iowa)—chairs the Thad Cochran (R-Miss.) to give other senior members left the Labor, Health and Human Ser- up his ranking post on the panel. committee at the end of the last vices Subcommittee. A possible As a result, Sen. Richard Shelby Congress. replacement is Sen. Tim John- (R-Ala.) is expected to move son (D-S.D.), who now chairs into the top Republican spot on In addition, the committee the Military Construction and the committee for the first time. was forced by an influx of new Veterans Affairs Subcommittee. conservatives, including some The committee the two lead- who sought positions on the Nelson’s retirement also will ers will oversee also appears panel, to write bills that cut dis- leave the chairmanship of the SHELBY certain to have its ratios adjusted cretionary spending and to forgo Legislative Branch Subcommit- to reflect the strong gains Senate earmarks. Under pressure from tee open. The next most senior Democrats made in the elec- the House, the Senate eventu- Democrats on the panel are tion. While the exact size and ally went along with a two-year Tester and Brown. ratios will be determined when earmark moratorium. Congress meets later this month The most significant change to organize, adjustments may Inouye, age 88 and now the on the Republican side of the allow for some most senior member of the Sen- committee is due to the require- to join the panel in the 113th ate, expressed disappointment ment that Cochran move out of Congress. that disputes over federal spend- the ranking post. After serv- ing resulted in the Congress ing six years in that position, Meanwhile, the committee only passing a stopgap con- Senate Republican Conference Democrats who stood for re- tinuing resolution to cover the term limit rules call for him to election fared extremely well. government into next March. As relinquish it. Both Sens. Jon Tester (D-Mont.) a result, the committee will be and Sherrod Brown (D-Ohio) charged with revisiting FY 2013 However, those rules would survived strong challengers. spending either during a lame- not prohibit Cochran from chair- Sen. (D-Calif.) duck session or early next year. ing the panel in the future if the also won her race. No Republi- GOP regains the majority. While cans on the committee stood for Cochran said he expects no Cochran previously served re-election this year. action on this year’s spending as chair for two years, under bills this fall but instead for Republican rules he still could Some of the changes that are either another CR or an omnibus chair the panel for another four. coming on the Democratic side to move next winter. If that is reflect the earlier decisions of the case, a reworked panel will Shelby is facing a similar committee members Sens. Herb be charged with developing the situation at the Senate Banking, Kohl (D-Wis.) and Ben Nelson details of the final 2013 spend- Housing, and Urban Develop- (D-Neb.) to retire. The only ing legislation. ment Committee, where he has planned retirement on the Re- served as ranking member for six years. www.bna.com | www.bgov.com Preview of the 113th Congress | 13 Shelby has served in the Senate since Shelby is currently ranking on the mittee. Shelby is next in line behind first winning election in 1986 and has Labor, Health and Human Services Hutchison at C-J-S. But, another mem- earned a reputation for winning long Subcommittee and might be able to ber may elect to take her position. lists of earmarks for his home state. retain that post as ranking members are He is poised to take the ranking spot allowed to also be ranking on a subcom- Other reshuffling in the Republican at a time when Congress will have to mittee. However, he also may elect to leadership of the 12 subcommittees is consider whether to renew the two-year move to a different panel, a develop- possible as the Senate undertakes orga- moratorium. Shelby’s own official biog- ment which could result in a reshuffling nizational decisions for the next Con- raphy states that the lawmaker believes of the ranking positions on the other gress. Also likely is that some lawmak- “members of Congress are most in tune subcommittees. ers elected two years ago—such as Sen. with the needs of constituents and has Ron Johnson (R-Wis.)—may have the been prolific in fulfilling those needs in Hutchison’s departure at year’s end chance to serve as new ranking mem- the state of Alabama.” also will leave open the ranking slot on bers of subcommittees next year. the Commerce-Justice-Science Subcom- By Nancy Ognanovich

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14 | Preview of the 113th Congress www.bna.com | www.bgov.com Senate Armed Services Changes in Leadership but Not Policy Predicted for SASC in Next Congress

The leaders of the Senate Caucus appoints leadership (D-R.I.), Heath said. However, Armed Services Committee positions and will formally he already chairs the SeaPower (SASC) will change in the vote after new senators take Subcommittee. 113th Congress, but the same their oaths of office in January. issues will dominate its agenda, However, fights for the positions Next in line for the Strategic government contracting analysts have already started. Forces post is Sen. Mark Udall told BNA. (D-Colo.), whose state hosts the According to Heath, the Air Force Space Command’s Sen. Carl Levin (D-Mich.) person who chairs the Airland operational section and military was not up for re-election and Subcommittee will depend what satellite manufacturers. LEVIN will continue chairing the com- Readiness Subcommittee Chair- mittee after Democrats retained man Claire McCaskill (D-Mo.), The Personnel Subcommit- control of the Senate, McKenna, who won re-election, chooses to tee’s leadership, which must Long & Aldridge Counsel Jay do next. deal with difficult issues such as Heath told BNA. TRICARE, military justice, and The Readiness Subcommittee funding for abortion on military Ranking Republican Sen. John gives McCaskill a great plat- bases, is the hardest to predict, McCain (R-Ariz.) also was not form for acquisition reform, he Heath said. McCaskill will be up for re-election but is term- said. But she is next in seniority that subcommittee’s most senior limited by Republican rules from on the Airland Subcommittee, Democrat, but Heath doubted continuing as minority leader, and her state has several major she would take the position. Professional Services Council concerns under its purview. Sen. Mark Begich (D-Alaska) MCCAIN Executive Vice President and is next in seniority but he might Counsel Alan Chvotkin said. For example, Boeing is pass as well. headquartered in St. Louis, and McCain could ask for a McCaskill is a big proponent of Several other members will waiver from Senate Republicans purchasing Boeing F-18 fighters not return in January. In particu- to continue. If he does not, Sen. for the Navy and Marines until lar, Sen. Scott Brown (R-Mass.) James Inhofe (R-Okla.) is next the F-35 is on line. lost his race to Democrat Eliza- in line to replace him. beth Warren, and Sen. Daniel McCaskill also could choose Akaka (D-Hawaii) is retiring. Subcommittee leadership will to move up in the Senate Home- be shaken up by the retirements land Security Committee, which All of these leadership of Airland Subcommittee Chair- was chaired by Lieberman, changes mean the SASC overall man Joe Lieberman (I-Conn.), Heath said. It is unclear if the will have a little less collective INHOFE Personnel Subcommittee Chair- Senate Democratic leadership experience, but Chairman Levin man Jim Webb (D-Va.), and will allow her to do both. has always influenced strong Strategic Forces Subcommittee control over it and will continue Chairman Ben Nelson (D-Neb.). Strategic Forces could be to do so, Chvotkin said. chaired by its next most senior The Senate Democratic Democrat, Sen. Jack Reed By David Hansen

www.bna.com | www.bgov.com Preview of the 113th Congress | 15 Senate Banking, Housing & Urban Affairs Results Likely to Alter GOP Leadership at Senate Banking; Warren May Have Role

Continued Democratic control finance arena, but has been tak- As chairman, Johnson has of the Senate probably will ing on a somewhat higher profile kept the panel on a passive mark the end of Sen. Richard role as of late. course since 2010. It held sev- C. Shelby’s (R-Ala.) 10-year eral hearings on implementing tenure as the top Republican on He pointed to an Oct. 11 joint Dodd-Frank and some housing the Senate Banking, Housing, letter from Crapo and Shelby issues, but has not moved major and Urban Affairs Committee, to Commodity Futures Trading legislation in those areas. in favor of Sen. Michael D. Commission (CFTC) Chairman Crapo (R-Idaho), a low-key but Gary Gensler regarding the tim- Experts say that expectations JOHNSON steadily conservative voice on ing of derivatives rules. Crapo for the panel will be higher now the panel since 1999. said the CFTC did not release that the election is over. “It’s definitions for key regulatory also a year further removed from While Sen. Tim Johnson terms until recently and failed to the financial crisis, which would (D-S.D.) is expected to remain provide sufficient guidance for make changes more politically chairman, insiders told BNA market participants to comply acceptable,” Gardner said. that Crapo will probably become with the rules before they took ranking member due to inter- effect on Oct. 12, 2012. Mortgage legislation is likely nally set term limits by the GOP to gain more attention. The leadership. Shelby, the panel Like Shelby, Crapo has stated White House and Democrats are chairman from 2002-2006 and his opposition to many ele- pressing for legislative changes its ranking member since 2007, ments of the Dodd-Frank law, to expand the Home Affordable CRAPO could receive a waiver from the such as the CFPB. But he also is Refinance Program (HARP) GOP caucus to serve more than regarded as someone who would beyond Fannie Mae and Freddie three terms in his current posi- be willing to cooperate with Mac to a much broader pool of tion, but committee watchers say Democrats on a technical correc- mortgage borrowers. such a scenario is unlikely. tions bill or even more substan- tive changes to the reform law. For the GOP, a more press- There are indications that ing concern is reform of the Shelby wants to step down from “Crapo is low-key and prob- government-sponsored enter- his leadership role on the Senate ably more consensus-oriented prises. Fannie and Freddie have Banking Committee and focus than Shelby,” Gardner said. required upward of $180 billion his legislative efforts elsewhere. in federal aid since 2008, but ap- Crapo is a member of the pear to be on more solid ground Brian Gardner, an analyst at Gang of Eight that has been as the housing market rebounds. Keefe, Bruyette & Woods, sees working to reach a deal to avoid the Alabama Republican taking the fiscal cliff—expiring tax The committee currently has over the ranking member posi- rates and automatic spending 12 Democrats and 10 Republi- tion on the Senate Appropria- cuts at the end of 2012. cans. There will be at least two tions Committee. The panel’s open spots on the Democratic On Dodd-Frank, the Crapo is current ranking member, Sen. side due to the retirements of seen as possibly working with Thad Cochran (R-Miss.) also Sens. Daniel Akaka (Hawaii) Democrats to shore up some faces term limits, and Shelby is and Herb Kohl (Wis.). core elements of the reform next in line to take over. law, such as implementation of Perhaps the most logical Such a scenario would open derivatives rules and the federal choice to fill one of the open the door for Crapo to be the top government’s resolution author- Democratic spots is Elizabeth Republican on Senate bank- ity for failing financial firms. Warren, a former professor and ing. Isaac Boltansky, an analyst White House adviser who has “I think Crapo would be with Compass Point Research been a leading advocate for the more amenable than Shelby to a & Trading, LLC, said Crapo has CFPB and many other financial focused, legislative fix to Dodd- always had an active role in the reforms. Warren defeated Sen. Frank,” Boltansky said. Scott Brown (R-Mass.), one of

16 | Preview of the 113th Congress www.bna.com | www.bgov.com only three GOP senators who voted for Sen. Sherrod Brown, (D-Ohio), a panel Basel III capital requirements, and many the Dodd-Frank reform law in 2010. member who shares many of Warren’s banking panel members are seen as sen- views on consumer protections and lim- sitive to their concerns. Warren has been a controversial figure, iting the size of banks, won re-election championed by consumer advocates but as did Sen. Robert Menendez (D-N.J.), a “Both Johnson and Crapo represent heavily criticized by business advocates strong proponent of the president’s hous- rural states and we see them as closer to as hostile to banking. For much of 2011, ing assistance policies. community banks rather than money- there was intense GOP opposition to her center banks,” Gardner said. potential nomination as CFPB director, Sen. Jon Tester (D-Mont.), who has which resulted in the president selecting been more friendly to large banks than Petrasic said bipartisan cooperation Richard Cordray for the post. most Democrats, won a close re-elec- on CFPB issues will likely prove to be tion race. In 2011, he sought to delay much more difficult, particularly if law- There is widespread agreement that implementation of the so-called Durbin makers such as Warren and Brown come Warren’s high-profile role makes her a amendment, the section of the Dodd- to play dominant roles on the commit- natural fit for the Senate banking. But Frank reform law that would slash debit tee, and the GOP continues to press for she might have to get in line behind more interchange fees that card networks are wholesale changes to the agency. Crapo senior Democrats, according to William allowed to charge merchants. and most Senate Republicans favor Donovan, a partner at Venable LLP, who creation of a commission rather than a has represented financial firms before None of the panel’s Republican s are director to head the CFPB and also want Congress for more than three decades. retiring or lost re-election bids. Sen. Bob Congress to control funding for the con- Corker (R-Tenn.), who won a second sumer watchdog. Donovan said Sens. term, is next in line to become the rank- (D-Del.) and Bob Casey (D-Pa.) have ing member of the Senate Foreign Rela- There is also continued friction be- expressed an interest in joining the panel. tions Committee, but i s likely to remain tween Democrats and Republicans over But there also could be changes to the very active on the banking panel. President Obama’s current 12-10 ratio of Democrats to of Richard Cordray to head the CFPB. Republicans, so it remains unclear how During debate on Dodd-Frank, Corker Because he was not confirmed by the many seats will be available, he noted. often teamed with up with Sen. Mark Senate, Corday also can serve a partial Warner (D-Va.) to broker bipartisan deals term as director, through the end of 2013. Kevin Petrasic, a partner in the Global in key areas such as federal oversight of Banking Practice Group at Paul Hastings systemically significant financial firms. “The potential exists for this commit- Janofsky & Walker LLP, said Democrat- He ultimately voted against the financial tee to become polarized very quickly,” ic leaders will make certain that Warren reform bill, but nonetheless earned a Petrasic warned. is not left off the committee under any reputation as a consensus builder. scenario. “She is the reason that the Another potential flashpoint is the way CFPB exists. How could they not put her In an Oct. 18 speech to the Bipartisan in which the president will deal with Ed on the Banking Committee?” he said. Policy Center, Warner said he would like DeMarco, the acting head of the FHFA. to work with Corker and other commit- With strong backing from GOP lawmak- Other analysts said Warren may decide tee Republicans on a Dodd-Frank techni- ers, he has refused calls from the White to broaden her expertise beyond banking. cal corrections bill in 2013. House and congressional Democrats to Boltansky predicted that she will go for allow loan modifications with principal a spot on the Senate HELP to focus on Another area of potential bipartisan- reduction on Fannie Mae and Freddie student loan issues, such as floating-rate ship is the Volcker rule, where some are Mac, citing the high potential costs. Stafford loans and the marketing prac- seeking to give regulators more flex- tices of for-profit education companies. ibility in implementing restrictions on Some observers have speculated that proprietary trading among banks. Obama could use his recess appointment “There is a real decision to be made authority to replace DeMarco, or select a about where she can have the most There also are growing calls for new FHFA nominee in 2013 as part of a impact. I think the Senate Health and smaller financial institutions to be treated broader package of new financial regula- Education Committee gives her more differently under Dodd-Frank than their tors sent to the Senate. of an opportunity to do so than Senate larger counterparts. Small banks have Banking,” he said. been pressing lawmakers for relief from By Mike Ferullo www.bna.com | www.bgov.com Preview of the 113th Congress | 17 Senate Budget Veterans’ Affairs Chairman Murray in Line for Senate Budget Gavel as Conrad Retires

Sen. Patty Murray (D-Wash.) Committee post and may not for Several Democrats on the is in line to become chairman of some time after the election. committee were up for re-elec- the Senate Budget Committee tion Nov. 6 and retained their with the Democrats’ retention Murray has raised her profile seats, including Sens. Sheldon of Senate control, should she on budget issues in recent years. Whitehouse (R.I.), Debbie decide she wants the post. She served in 2011 as co-chair- Stabenow (Mich.), Bill Nelson man of the Joint Select Commit- (Fla.), and (Md.). Murray faces a choice be- tee on Deficit Reduction, the so- Sen. Bernie Sanders (I-Vt.) also tween the Budget gavel in the called supercommittee created won re-election. MURRAY 113th Congress and keeping the by the Budget Control Act (Pub. current post she holds as chair- L. No. 112-25), which put her On the Republican side, Sen. man of the Senate Veterans’ for a few months at the center of Jeff Sessions (Ala.) is expected Affairs Committee. According the federal budget debate. to return as the ranking member to a spokesman for Murray, she of the committee. has made no decisions about The current Budget chairman, whether to take the Budget Sen. Kent Conrad (D-N.D.), is By Jonathan Nicholson retiring.

SESSIONS

Senate Commerce, Science & Transportation DeMint Likely Commerce Ranking; Telecom Subcommittee Sees Minority Shuffle

All members running for he moved to ranking member of FAA Acting Administrator re-election on the Senate Com- the full committee. Michael Huerta by voice vote, merce Committee won their DeMint placed a hold on the bids, but minority leadership Sen. John D. Rockefeller IV nomination. DeMint previously will change due to Republi- (D-W.Va.) is expected to return expressed concerns about the can retirements. Both ranking as chairman of the full panel. length of Huerta’s tenure, which member Kay Bailey Hutchison would last for five years—or Industry lobbyists said they (R-Texas) and Sen. Olympia through the next presidential expect the way leaders work Snowe (R-Maine), the second term—but has said he would together to change if DeMint ROCKEFELLER most senior Republican on the likely remove the hold if Presi- becomes ranking member as his committee, are retiring at the dent Obama was re-elected. leadership style is very different end of this year, leaving the than Hutchison’s. They said he ranking member position open. “I think there’s sort of an could place more of an emphasis expectation that Jim DeMint It is widely expected that Sen. on a conservative philosophical will be very different. He’s very Jim DeMint (S.C.), who is the agenda compared to Hutchison. conservative and would certain- third most senior committee Re- DeMint is “very vocal about his ly be focused on cutting waste. publican, will become ranking beliefs,” one stakeholder said, It will be interesting to see how member. Currently, DeMint is and could press for less federal he sees himself in that [ranking ranking member of the Com- spending and regulation. member] role,” a lobbyist said. munications, Technology, and After the panel unanimously DEMINT the Internet Subcommittee, a Six committee members, approved the nomination of spot that would become open if including several in leadership

18 | Preview of the 113th Congress www.bna.com | www.bgov.com roles, were up for re-election and her term expires in January. crats to quickly craft a legislative will return to Congress next year. response. Whether it is Isakson Three out of the committee’s Thune is currently the rank- or Blunt, the ranking member of seven subcommittee chairmen ing member of the committee’s the Communications subcommit- were up for re-election, and Aviation Operations, Safety, tee would play a critical role in all won their seats, although it and Security Subcommittee, but debate on legislation. is unclear how subcommittee based on his seniority, he would leadership will change since the have his pick of leading the Aside from net neutrality, other Democratic committee roster Republicans on the Communica- issues that will likely be exam- remains the same. tions, Technology, and the Inter- ined by the subcommittee in net Subcommittee; the Surface 2013 are cable rates, FCC rules Sen. Bill Nelson (D-Fla.), Transportation Subcommittee; or governing negotiations between chairman of the Science and in his current role on the Aviation pay-TV providers and broadcast- Space Subcommittee, Sen. Maria Subcommittee. ers for the right to retransmit Cantwell (D-Wash.), chairman of network programming, and the the Aviation Operations, Safety, Next in line after Thune in nascent online video market. and Security Subcommittee, and terms of seniority is Wicker, who Sen. Amy Klobuchar (D-Minn.), is said to be interested in tak- One Senate aide also told BNA who oversees the Competitive- ing over Snowe’s job as ranking that the committee will also soon ness, Innovation, and Export member on the Oceans, Atmo- begin discussions about a rewrite Promotion Subcommittee, all sphere, Fisheries, and Coast of the Communications Act of won re-election. Guard Subcommittee. 1934—how, and to what extent, an overhaul might be possible. Sen. (R-Miss.), That leaves Isakson, who is not ranking member of the Surface currently ranking member of any Regardless of who becomes Transportation and Merchant Senate Commerce subcommit- the next ranking member of the Marine Infrastructure, Safety, tee, and Blunt, who is the ranking subcommittee, DeMint is expect- and Security Subcommittee, won member of the committee’s ed to push one such rewrite bill, re-election but may try to be- Competitiveness, Innovation, and the Next Generation Television come ranking member of another Export Promotion Subcommittee. Marketplace Act (S. 2008, H.R. subcommittee in 2013. 3675). As Congress neared ad- Both Isakson and Blunt have journment in 2011, DeMint and Sen. John Kerry (D-Mass.) is been outspoken critics of the Rep. Steve Scalise (R-La.) intro- expected to retain the chairman- Federal Communications Com- duced the companion legislation ship of the committee’s Com- mission, particularly the agency’s to repeal many of the provisions munications, Technology, and the “net neutrality” rules, and both of the 1992 Cable Act, which Internet subcommittee, a position would be interested in the job of itself amended the 1934 Commu- he has held since 2009. ranking member on the Commu- nications Act. Their legislation nications subcommittee, political would completely eliminate rules If DeMint becomes ranking observers say. for “retransmission consent” ne- member of the full committee, gotiations, compulsory licensing, Of the pressing technology he would have to leave his post and channel “must carry,” which policy issues for Democrats, net as the subcommittee’s ranking Kerry has called “radical.” member, opening up an opportu- neutrality is expected to factor nity for either Sen. heavily in Obama’s second-term “Expect that to be the first (R-S.D.), Wicker, Sen. Johnny agenda. The U.S. Court of Ap- battle in the subcommittee,” said Isakson (R-Ga.), or peals for the District of Columbia one Senate source. (R-Mo.). Snowe would have Circuit could vacate the FCC’s been the highest-ranking Repub- rules as early next spring, which By Heather Caygle and lican on the subcommittee had would put pressure on Obama Paul Barbagallo she not decided to retire when and Senate and House Demo- www.bna.com | www.bgov.com Preview of the 113th Congress | 19 Senate Energy & Natural Resources Wyden, Murkowski Will Try to Restore Bipartisan Spirit on Senate Energy Committee

Sen. Ron Wyden (D-Ore.), The group includes Demo- “Between the two of us, the presumptive chairman of crats of Wash- we’ve been kind of building the Senate Energy and Natural ington, of our to-do list and I think we are Resources Committee for the Michigan, and Joe Manchin of anxious and looking forward 113th Congress, already has West Virginia; Inde- to next Congress when one of taken steps to reach out to the pendent Bernie Sanders; and us will be running the show,” ranking Republican, Sen. Lisa Republicans Murkowski told reporters in Murkowski of Alaska, in a mu- of Wyoming, Dean Heller of September in the Capitol. tual effort to find some common Nevada, and Bob Corker of WYDEN ground. Tennessee. Murkowski said that while legislation is still a work in It will not be easy in a par- Wyden intends to talk to other progress, discussions between tisan, divided Congress that committee members and try to her and Wyden have included has not passed a major energy build a consensus for action in expanding incentives for bill since 2007, but Wyden and the 113th Congress, a Wyden geothermal energy, as well as Murkowski are aiming to try, spokesman said. incentives for the oil and gas their staffs said. industry to increase productivity The last time Senate Energy at existing wells. “They are both big compro- produced a comprehensive misers and not subject to the energy bill was in June 2009 Murkowski said she and will of party at all,” a former top with the passage of a bipartisan Wyden have had discussions MURKOWSKI staffer to Wyden said. “It will be measure (S. 1462), the Ameri- about giving states a larger a very functioning relationship can Clean Energy Leadership share of offshore oil and gas between them.” Act, or ACELA. royalty revenue, which is an issue that has stalled in the Democrats will retain control The wide-ranging bill, which committee largely because of of the Senate in 2013 following would have created the first opposition from Bingaman, who the Nov. 6 elections. national standard for renewable felt revenue from energy explo- generation and would have giv- ration in federal waters should The biggest change on the en federal regulators authority continue to go to the federal committee will be the retire- to preempt states to build elec- treasury. ment at the end of the 112th tric transmission lines, stalled Congress of Sen. Jeff Bingaman under the weight of efforts to “I think it is clear that Sen. (D-N.M.), the five-term senator pass climate change legislation Wyden is really open to explor- who has been committee chair- and health care reform. The ing that, and has said as much in man since 2007. energy bill was never brought some press conferences that we up for a Senate floor vote. had with some folks in Anchor- Bingaman held the gavel once age,” Murkowski said. before, in 2001-2002 when After fiscally conservative Democrats briefly held the Republicans and tea party activ- “Sen. Wyden has said he majority in the Senate. He has ists took control of the House plans to take another look at been either ranking member or in 2010, there was no longer revenue sharing next year, not chairman since 1999, making any possibility of consensus just for offshore oil and gas, but him the top Democrat on Senate on climate change or energy for a broad range of resources Energy for the last 13 years, legislation. extracted from federal lands and committee staff recalled. waters,” Keith Chu, a spokes- Wyden and Murkowski man for Wyden, confirmed. Voters in the Nov. 6 election already are collaborating on were kind to the seven members possible energy legislation that “The goal would be to on the 22-member committee could be brought before the stabilize revenues so resource- who faced re-election. All seven committee in 2013. dependent communities would will return to their jobs in 2013. have more of a cushion during

20 | Preview of the 113th Congress www.bna.com | www.bgov.com downturns, and no community would Wyden confirmed in September that agreements with the United States. ever be left out in the economic cold he and Murkowski have been working through no fault of their own,” Chu said. together, “particularly in the renewable In his letter to Chu, Wyden said the space.” new shale gas discoveries should be Murkowski, with support from com- used here at home “to achieve energy mittee Democrats such as Sens. Jeanne “She and I have a big interest in geo- independence, combat the causes of cli- Shaheen of New Hampshire and Chris- thermal, and hydropower, and biomass,” mate change, preserve the environment, topher Coons of , had previ- Wyden said. “So yes, those areas defi- and improve the economic competitive- ously proposed directing a portion of oil nitely will be interesting.” ness of American manufacturers.” and gas revenue towards a clean energy trust fund to be used for alternative Wyden traveled to Alaska in August Wyden and others are skeptical of energy projects. to tour an array of Alaska energy sites at the growing number of export applica- the invitation of Murkowski. tions and the impact on the domestic Murkowski said there are “many areas economy. in energy that can gain bipartisan sup- Wyden has expressed considerable port.” interest in tightening standards and Wyden and Rep. Edward J. Markey requirements for exports of energy com- (D-Mass.) wrote President Obama May “Eighty percent of the stuff out there modities from the United States, espe- 31 asking him to direct federal agencies we ought to be able to find a positive, cially for coal and . to rewrite the rules and develop “a more constructive path forward,” Murkowski robust framework” for evaluating ex- said. “That can allow us to move out He has expressed concern with pro- ports of energy commodities, including next session with an energy proposal posals to build several coal and LNG coal, petroleum products, natural gas, that has worked through the regular or- terminals in the Pacific Northwest for and petrochemical feedstocks. der of business, through the committee shipment to Asian markets to take ad- process, [and is] bipartisan. That is kind vantage of pending trade agreements. Wyden also is chairman of the Sen- of what we are talking about.” ate Finance Committee’s Subcommittee Wyden sent a letter Oct. 23 to Energy on International Trade, Customs, and “I think we’ve been stalled out on Secretary Steven Chu asking for an Global Competitiveness, where he plans energy for far too long,” Murkowski explanation of the criteria that the En- to focus on tax treatment for alternative said. “I think there is a pent-up demand ergy Department will use to determine energy. for more, and I am hopeful that we will whether to grant LNG export licenses be able to deliver it.” to countries that do not have By Lynn Garner and Ari Natter

www.bna.com | www.bgov.com Preview of the 113th Congress | 21 Senate Environment & Public Works Panel Expected to Act on Transportation, Water Issues but Gridlock Likely to Continue

With Democrats retain- priorities is expected to be work tation projects to a measure that ing control of the Senate, the on reauthorizing the Water Re- would allocate 80 percent of the Environment and Public Works sources Development Act (Pub. fines related to the 2010 Gulf of Committee is expected to con- L. No. 110-114), which autho- Mexico oil spill to restoration tinue its focus on transportation rizes funding for flood control, projects for the Gulf Coast. and water infrastructure in the navigation and ports, water 113th Congress, but analysts say supply, environmental restora- The next transportation bill continuing gridlock will likely tion, and other water infrastruc- could provide lawmakers with hamper movement on major ture and will likely take on new an opportunity to address the BOXER environmental legislation. urgency following the damages projected insolvency of the to New York and New Jersey in Highway Trust Fund, which Sen. Barbara Boxer (D- the wake of Hurricane Sandy. funds most federal surface Calif.) is expected to remain as transportation programs and chairwoman of the committee, The most recent version of the which the Congressional Budget despite speculation that she may bill, enacted in 2007, authorized Office has projected to be insol- leave the committee to take the $23 billion for 940 U.S. Army vent by 2015. helm of the Foreign Relations Corps of Engineers projects, Committee should Sen. John ranging from coastal restora- Other priorities for the Kerry (D-Mass.), the commit- tion projects along the Gulf of committee in the next Con- tee’s current chairman, leave Mexico following Hurricane gress will likely include the to take a position within the Katrina to repairing locks and committee’s oversight of the VITTER Obama administration, accord- dams used by shippers on inland Nuclear Regulatory Commis- ing to committee sources. water ways. sion following the Fukushima Daiichi meltdown in Japan and One major change on the In an interview, Vitter said the work on modernizing the Toxic Environment and Public Works act was one of his top priorities Substances Control Act, which Committee is that Sen. James and that he believes there is a lot regulates chemicals in U.S. Inhofe (R-Okla.), one of the of “common ground” between commerce and has not funda- Senate’s leading global warm- Republicans and Democrats, mentally changed since it was ing skeptics, may no longer who have already begun work- enacted in 1976. remain the committee’ ranking ing on the bill together. member under Republican rules Vitter, who said reforming that set term limits of six years In addition, the committee the legislation is one of his for committee leadership posi- also is expected to begin work top priorities, told BNA that tions, Matt Dempsey, a spokes- in earnest on the next highway Republicans are working on man for committee Republicans, funding bill, with hearings an approach that “focuses on said in an interview. likely to begin in 2013. a smaller set of chemicals” compared to Democratic efforts Sen. David Vitter (R-La.) is The current law, estimated being led by Sen. Frank Lauten- next in line to serve as ranking at $105 billion and called the berg (D-N.J.). member, a position he said he Moving Ahead for Progress in plans to accept. the 21st Century Act (Pub. L. Still, major environmental No. 112-141), was enacted in bills such as a comprehensive With Democrats increasing July and expires at the end of climate change bill or legisla- their majority, it is possible the fiscal year 2014. tion strengthening clean water committee’s 10-to-eight ratio and air pollution standards are could change, though commit- In addition to funding federal expected to remain nonstarters tee assignments will be decided highway and transit programs, in the committee. by Senate leadership at a later the legislation includes provi- date. sions ranging from streamlining “There are certainly a lot of the environmental review and environmental regulations and One of the committee’s first permitting process for transpor- environmental overkill that I

22 | Preview of the 113th Congress www.bna.com | www.bgov.com will push back on with my Republican court) and EPA cannot move forward, dynamic on the committee, especially members,” Vitter said. “I have been very then Sen. Carper will reevaluate whether on areas related to environmental resto- concerned about the regulatory push of or not additional legislative action” is ration projects in the Gulf Coast region the last several years.” needed, the aide said in an email. “As it and adaptation, said James Wrathall, stands now, the Administration is able who served as senior majority counsel Sen. Tom Carper (D-Del.), who chairs to move forward with measures to curb on the committee from 2007 to 2011. the committee’s Clean Air and Nuclear these harmful emissions under current Safety Subcommittee and who won law.” “It is possible that common ground reelection Nov. 6, plans to hold off on and resulting compromises could reintroducing legislation that would In addition, the aide said, opposition emerge on narrower adaptation and require power plants to control emis- to the legislation by House Republicans water resources issues,” Wrathall, who sions of sulfur dioxide, nitrogen oxides, is expected to continue in the 113th now works as an attorney for the law and mercury, pending Environmental Congress, “thus making it difficult to firm Sullivan & Worcester LLP, said in Protection Agency action, an aide to the pass.” an email to BNA. “Senator Vitter has a senator told BNA. strong interest in water resources and Though Vitter has previously sided environmental restoration projects in the “If both regulations fail in the courts with Inhofe in opposing climate change Gulf Coast region.” (Cross-State rule could be reheard and legislation, his position as ranking mem- mercury rule has yet to be heard in the ber could still “significantly” change the By Ari Natter

Senate Ethics Senate Ethics Committee Members Unscathed by 2012 Election Results

The six members of the conducts much of its work in se- said the evidence against him Senate’s ethics panel were not cret, investigating ethics charges was strong enough to remove affected by the 2012 election against senators and making him from the Senate if he had results and may return to serve public statements only to clarify not resigned his seat. on the panel, whose members rules or announce sanctions. will be picked by leaders in both The panel investigated parties when the new Congress The committee made one Ensign’s affair with Cynthia organizes later this year. of its biggest splashes in its Hampton and his subsequent recent history in 2011, when it decision to dismiss her and her Sen. Barbara Boxer (D-Calif.), announced sanctions against for- husband Doug Hampton . Both BOXER the panel chairwoman and rank- mer Sen. (R-Nev.) had served as top aides to the ing Republican Sen. Johnny for ethics violations related to an senator. Soon after the firings, Isakson (R-Ga.) did not face affair Ensign had with Cynthia Ensign helped Doug Hampton re-election this year. The only Hampton, the wife of his former set up a lobbying firm, and En- current panel member who did, chief of staff, Doug Hampton. sign’s parents gave $96,000 to Sen. Sherrod Brown (D-Ohio), the Hamptons as a gift. Hamp- won a hard-fought battle over He resigned in May 2011 and ton pleaded guilty to lobbying Republican Josh Mandel. shortly afterwards, Boxer and law violations, while no charges Isakson revealed that an inves- have been announced against Like its House counterpart, tigation found that Ensign may Ensign since the panel’s action. the Senate panel is a bipartisan have violated the law and re- panel equally divided between ferred the findings on the Justice By Kenneth P. Doyle Democrats and Republicans. It Department and the FEC. Boxer ISAKSON

www.bna.com | www.bgov.com Preview of the 113th Congress | 23 Senate Homeland Security & Governmental Affairs Carper Likely to Replace Lieberman as Senate Homeland Committee Chairman

Sen. Tom Carper (D-Del.) is government and private indus- with one another on the issues,” the frontrunner to be the next try, which would likely negate said Norma Krayem, co-chair of chairman of the Senate commit- the need for legislation. Senate Patton Boggs LLP’s Homeland tee on homeland Security, a job Majority Leader Harry Reid Security, Defense, and Technol- that could make him the point (D-Nev.), meanwhile, is consid- ogy Transfer Practice Group. man in the Obama administra- ering taking up a version of the “They have always worked tion’s effort to move a cyberse- Lieberman measure during the through the issues behind the curity bill through Congress in lame-duck session of Congress. scenes and have come out in a the first half of 2013. united way, which has made it a CARPER But absent such actions, little bit easier for everybody.” With Democrats retainin per Carper would likely try to is seen by many political ob- advance a cyber bill through the On the issue of cybersecurity, servers as the obvious candidate Senate committee early in 2013, Coburn is likely to advocate for to succeed current Chairman observers said. the SECURE IT ACT (S. 3342; Joseph Lieberman (I-Conn.), the Strengthening and Enhanc- who is set to retire when his If he does, he is expected to ing Cybersecurity by Using Re- term expires in January. Carper face stiff opposition from Sen. search, Education, Information, is the highest-ranked Democrat Tom Coburn (R-Okla.), the and Technology Act), which on the committee in terms of next in line to become the new unlike the Lieberman-Collins seniority, after Senate Armed ranking member. Under GOP bill focuses more on improv- COBURN Services Committee Chair- Conference rules, no senator ing information-sharing about man Carl Levin (D-Mich.) and or representative can serve for potential cyber threats between Sen. Daniel Akaka (D-Hawaii), more than six years as chairman government and industry. The who is also retiring. Perhaps of a committee. Time spent as a SECURE IT ACT, championed more importantly, Carper was a ranking member counts toward by Sens. John McCain (R-Ariz.) co-signer to the Lieberman’s cy- that six-year limit as well, mean- and Kay Bailey Hutchison bersecurity act (S. 3414), which ing Collins will have to step (R-Texas) would not give the had been one of the Obama down from her post in January. Department of Homeland Se- administration’s top national curity authority to mandate that “Of the two leadership security priorities. critical computer systems meet changes, the Coburn change minimum security standards. “Carper was a big player on will be much more significant,” that bill, and is not likely to said Rosenzweig, the founder of “Coburn would carry the represent a huge change over Red Branch Consulting PLLC, mantel of the SECURE IT ACT: Lieberman,” Paul Rosenzweig, a homeland security consulting a limite d government role or former deputy assistant secre- company and a senior adviser to none at all,” Krayem said, not- tary for policy in the Depart- the Chertoff Group. “Coburn is ing that no matter who becomes ment of Homeland Security, well known for his efforts to cut chairman and ranking member, told BNA. costs, and the [Department of cybersecurity will be a “front Homeland Security] is probably line” issue. The bill, which Lieberman a target that he would really like and Carper had worked together to sharpen his teeth on.” Much will depend, how- to pass for several years, along ever, on whether the president with the panel’s ranking mem- Regardless of what happens decides to issue an executive ber, (R-Maine), with the bill, the 113th will rep- order, or whether Senate Major- was blocked by a GOP filibuster resent the first time since 2001 ity Leader Harry Reid (D-Nev.) in August. Since the defeat, that either Lieberman or Collins decides to try to move a cyber- Obama has been considering will not be chairman or ranking security bill during the lame- issuing an that member of the committee. duck. would promote information “Lieberman and Collins have sharing on cyber threats between “The White House might almost always been in lockstep

24 | Preview of the 113th Congress www.bna.com | www.bgov.com have another go at it, if their reelection for McCain. “The economic impact to The retirement of Akaka also frees gives them an added oomph,” Benjamin the New York metropolitan and New up the chairmanship of the Oversight of Friedman, research fellow for the Cato Jersey regions is as large as that of Hur- Government Management, the Federal Institute, told BNA. ricane Katrina and Hurricane Andrew, Workforce and the District of Columbia if not larger. We will see the commit- Subcommittee. Aside from cybersecurity, the panel tee look to see whether or not there is in 2013 is expected to address border a longer-term role for FEMA to play in On the Republican side, the loss of security, public safety communications, disaster recovery. Changes were made to Sen. Scott Brown (R-Mass.) to Elizabeth and oversight of the Federal Emergency FEMA post-Katrina and post-Andrew. Warren in the Massachusetts Senate race Management Agency. And I think they’ll occur again here.” means there will be an open ranking- member slot on the Federal Financial “Recent circumstances, such as If Carper and Coburn become the new Management, Government Information [super-storm] Sandy, could shape the chair and ranking member, as expected, and International Security Subcommit- committee’s work right out of the box,” both would have to leave their current tee. With Carper atop the committee, said Robert Freeman, a government posts. Carper chairs the Federal Finan- this subcommittee would have two new relations specialist at the law firm of cial Management, Government Informa- leaders. Cozen O’Connor and a former deputy tion and International Security Subcom- staff director of the Senate Commerce, mittee, while Coburn serves as ranking By Paul Barbagallo Science, and Transportation Committee member of the Investigations panel.

Senate Foreign Relations Kerry Returns as Chairman of Foreign Relations, Corker Likely Ranking Republican

With Democrats remaining in the next most senior member. Corker and another Republi- control of the Senate, Sen. John He is the current chairman of can on the panel, Rep. Johnny Kerry (D-Mass.) continues as the Western Hemisphere Sub- Isakson (R-Ga.), have pressed chairman of the Senate Foreign committee. Clinton to release documents re- Relations Committee. garding security at the American Sen. Richard Lugar (R-Ind.), consulate in Benghazi, Libya, Kerry is viewed as a likely the ranking minority member in where the ambassador and three successor to as the 112th Congress and for- other Americans were killed in secretary of state. If President mer committee chairman, was September. KERRY Obama taps him for the job and defeated in the primaries after Kerry resigns his Senate seat, as six terms in the Senate. With Two Democrats on the com- Clinton did, this would require Lugar’s departure, Sen. Bob mittee won re-election: Sens. a special election next year in Corker (R-Tenn.), who won Benjamin Cardin (D-Md.) and Massachusetts. re-election, is the next senior Bob Casey (D-Pa.). Republican on the panel. The move would leave the Sen. Jim Webb (D-Va.), a chairmanship of the panel open. Corker is also ranking mi- committee member, retired after nority member on the Senate one term in the Senate, which Sen. Barbara Boxer (D-Calif.) Special Committee on Aging. leaves open the chairmanship of is the next senior Democrat, but He would have to give up that the East Asian and Pacific Af- she is also chairwoman of the position to be the ranking Re- fairs Subcommittee. Environment and Public Works CORKER publican member on the Foreign Committee and is expected to Relations Committee; he has In addition, Republican Sen. continue as head of that panel. said he would take the Foreign John Barrosso (Wyo.), a com- Relations job if the Republican mittee member, won re-election. Sen. Robert Menendez (D- caucus offers it to him. N.J.), who won re-election, is By Diana I. Gregg www.bna.com | www.bgov.com Preview of the 113th Congress | 25 Senate Finance Finance Committee Likely to Have Three Seats to Fill in Next Term

The Senate Finance Commit- Sen. Max Baucus (D-Mont.) Schumer (D-N.Y.) is behind tee is expected to gain two new will retain his chairmanship of Kerry for the taxation panel. Democratic members and one the Finance Committee. Sen. Republican in the next Congress Orrin Hatch (R-Utah) won his Unless senators seek differ- after Democrats captured addi- re-election bid and will continue ent appointments, Sen. John tional seats in the Senate in the as ranking member of the panel. D. Rockefeller IV (D-W.Va.) is Nov. 6 election. expected to remain chairman It is unclear who among the of the Health Care Subcommit- The committee is seen as Democrats will be chosen for tee and Sen. Charles Grassley BAUCUS likely to have 13 Democrats the open seat, and aides said (R-Iowa) is expected to remain and 10 Republicans, rather the decision is Senate Majority ranking member of the subcom- than its current makeup of 13 Leader Harry Reid’s (D-Nev.) mittee. Democrats and 11 Republicans, to make, though he will con- though Democratic aides say it sult with Baucus. Sens. Robert Sen. Ron Wyden (D-Ore.) is is still too early to make a call. Casey (Pa.), likely to remain chairman of the (Colo.), and Mark Warner (Va.) trade subcommittee and Sen. While none of the commit- are among the names that have John Thune (R-S.D.) is expected tee’s 11 senators facing re-elec- been floated for Democratic to remain ranking member. tion lost, two from each party Finance Committee seats. will retire at the end of the year. Sen. Debbie Stabenow The Finance subcommittees, (D-Mich.) is seen remain- HATCH On the Democratic side, Sens. which rarely meet, will receive ing as chairman of the Social Jeff Bingaman (N.M.) and Kent new chairmen for the Taxation Security, Pensions, and Family Conrad (N.D.) are retiring. and IRS Oversight Subcom- Policy Subcommittee. Sen. Tom Among Republicans, Sens. Jon mittee and the Energy, Natural Coburn (R-Okla.) is likely to Kyl (Ariz.) and Olympia Snowe Resources, and Infrastructure remain as ranking member of (Maine) are retiring. Subcommittee to replace Con- the subcommittee. For Republicans, Sen. Johnny rad and Bingaman. By Brett Ferguson Isakson (Ga.) is seen as a likely Sen. John Kerry (D-Mass.) is addition to the committee. Sen. next in line to be chairman of (Ohio) and Jim either the taxation subcommit- DeMint (S.C.) have also been tee or the energy subcommittee. mentioned as contenders for a Sen. Maria Cantwell (D-Wash.) seat on the committee. is behind Kerry for the energy subcommittee and Sen. Charles

26 | Preview of the 113th Congress www.bna.com | www.bgov.com Senate Health, Education, Labor & Pensions Few Changes Expected in Senate HELP Committee

With the Senate remaining A Republican aide told Liz Donovan, a spokeswoman under Democratic control in the BNA Nov. 6 that details about for HELP Committee Demo- 113th Congress, few changes the committee’s plans for the crats, told BNA Nov. 7 that, are expected to the composition upcoming lame-duck session or during the lame-duck session, of the Senate Health, Education, for the 113th Congress were not Harkin plans to work with Sen- Labor, and Pensions (HELP) immediately available, but he ate leadership and the chairman Committee, which currently is said committee assignments and of the Senate Foreign Relations chaired by Sen. other details will be sorted out in Committee, Sen. John Kerry (D- (D-Iowa). the coming weeks. Mass.), to ratify the United Na- tions Convention on the Rights HARKIN Of the 12 Democratic and 10 Committee representatives of Persons with Disabilities. In Republican senators currently declined to speculate further on addition, Donovan said, Harkin on the committee, only one will committee and subcommittee will convene an investigative not be returning to Congress: makeup. The retiring Bingaman hearing on the recent outbreak of Sen. Jeff Bingaman (D-N.M.), sits on the Subcommittee on fungal meningitis. who announced his retirement. Employment and Workplace His seat was won in the Nov. 6 Safety, where he is the second As for the 113th Congress, election by Martin Heinrich, a most senior senator, behind Harkin “looks forward to con- Democrat. Subcommittee Chairwoman tinuing his work to rebuild the Sen. Patty Murray (D-Wash.). middle class, advocate for retire- The Democrats on the HELP Sen. Johnny Isakson (R-Ga.) is ment security, improve participa- Committee up for re-election this the current Republican ranking tion in the labor force for people ENZI year included Sens. Bob Casey member. with disabilities, [and] support (D-Pa.) and implementation of the Afford- (D-R.I.), both of whom won Sanders currently chairs the able Care Act,” Donovan said. handily. Sen. Bernard Sanders Subcommittee on Primary She also highlighted several (I-Vt.), who caucuses with the Health and Aging, and the rank- education-related priorities. Democrats, also won re-election. ing member is Sen. (R-Ky.). By Michael Rose On the Republican side, the only senator on the committee Sen. (D- up for re-election was Sen. Orrin Md.) is the current chairwoman G. Hatch (R-Utah), who won of the Subcommittee on Chil- his race against Democrat Scott dren and Families; Sen. Richard Howell. Sen. Michael B. Enzi Burr (R-N.C.) is the ranking (R-Wyo.) remains the ranking member. member.

www.bna.com | www.bgov.com Preview of the 113th Congress | 27 Senate Judiciary Senate Judiciary Will Be Center of Battles Over Justices, New Attorney General

With President Obama’s re- 30 J-1 visa waiver program for over Operation Fast and Furious, election victory and key Demo- three years. All four programs a discredited Justice Department cratic wins in the Senate the were set to expire Sept. 30. program, and Obama’s nomina- Senate Judiciary Committee will tion for Holder’s replacement. be at the center of some of the As for judicial nominations, most rancorous political battles the committee could find itself It is still unclear whether of the 113th, including fights busy in the next Congress with Holder will decide to step down over immigration reform and the confirmation hearings. Leahy, at the start of Obama’s second confirmation of judges and pos- addressing the Northeast Ohio term. If he resigns, two members LEAHY sibly a new attorney general. chapter of the American Con- of Senate Judiciary would likely stitution Society for Law and be on Obama’s short list for In his victory speech, Obama Policy in September, said the attorney general: Sen. Sheldon vowed to work with leaders winner of the presidential elec- Whitehouse (D-R.I.), former of both parties to “meet the tion could fill as many three U.S. attorney and attorney gen- challenges we can only solve vacancies on the Supreme Court eral for Rhode Island; and Sen. together,” counting among those over the next four years. Amy Klobuchar (D-Minn.), a “fixing our immigration system.” former county prosecutor. “The judicial nominations pro- He made a similar promise in cess has always been a pitched Klobuchar could replace the 2008, but the sluggish eco- battle between the parties, and retiring Sen. Herb Kohl (D- nomic recovery severely limited the Senate Judiciary Committee Wis.) as chair of the Antitrust GRASSLEY prospects for any such proposal. has proven to be a very impor- Subcommittee, along with Sen. This time around, he is expected tant committee for nominations, Al Franken (D-Minn.). to be more aggressive at push- not just for Supreme Court ing reforms, after winning over nominations, but for the lower While Klobuchar chairs voters in swing states courts as well,” said Brian Dar- the Administrative Oversight who have been frustrated with a ling, senior fellow at the Heri- and the Courts Subcommittee lack of progress on the issue. tage Foundation, who advised and Franken chairs the Pri- former Sen. Bob Smith (R-N.H.) vacy, Technology, and the Law As the White House begins on judiciary issues. Subcommittee, the Antitrust its work in earnest, political subcommittee job is seen as the observers believe the Judiciary “For the Judiciary Committee, higher-profile chairmanship. Committee will play a major there will be a significant set of The chairman of the subpanel role. Obama already has an ally judicial confirmation issues in has the opportunity to oversee in Sen. (D-Vt.), the [113th Congress],” said Ben- major mergers between U.S. who will likely continue on as jamin Wittes, senior fellow in companies and influence De- chairman of the committee. governance studies at the Brook- partment of Justice decisions. Earlier this year, Leahy suc- ings Institution and co-director cessfully moved a bill through of the - The rest of the committee will the chamber to reauthorize four Brookings Project on Law and remain mostly intact. immigration-related programs. Security. “But I can’t imagine Sen. Charles Grassley (R- Obama would be quite as lacka- Iowa) is likely staying on as the Obama signed the Immigra- daisical about the subject.” tion Program Reauthorization ranking Republican. Along with Bill (PL 112-176) to extend Another critical item on the Kohl, Sen. Jon Kyl (R-Ariz.) authorization for the E-Verify agenda will be the confirmation is set to retire when his term employment authorization pro- of a new attorney general if Eric expires in January. gram, the EB-5 regional center Holder steps down. By Paul Barbagallo program, the special immigrant nonminister religious worker Tom Fitton, the president of program, and the Conrad State Judicial Watch, said he expected “brewing fights” on the panel

28 | Preview of the 113th Congress www.bna.com | www.bgov.com Senate Rules & Administration Leaders of Senate Rules Panel Unaffected by Election as More Reform Battles Loom

Members of the Senate Rules Schumer has been a leading PACs, which collected unlimited and Administration Commit- sponsor and proponent of legis- contributions to pay for inde- tee, which has jurisdiction over lation known as the DISCLOSE pendent campaign expenditures. election and campaign finance Act, which would increase issues, appears likely to con- disclosure of donors to groups During the March hearing, tinue grappling with those issues that spend money to influence Republican senators indicated in the new 113th Congress. campaigns. their opposition to new disclo- sure requirements and suggested As Democrats held and The Citizens United ruling, instead that limits on contribu- slightly increased their overall which struck down decades- tions to candidates and political SCHUMER majority in the Senate, the Rules old restrictions on corporate parties be raised to solve any Committee chairman, Sen. and union campaign spend- problems with the campaign Charles Schumer (D-N.Y), and ing, prompted a big increase in finance system. ranking Republican, Sen. Lamar funding from outside spending Alexander (R-Tenn.), were unaf- groups. Obama and Democratic Campaign reform groups fected by the election. Alexan- congressional leaders responded have again made passage of the der is not up for re-election until to the decision by pressing for DISCLOSE Act a top prior- 2014, while Schumer’s current greater disclosure of the sources ity for their efforts in the new term is up in 2016. of campaign money, but the Congress. Reformers argue legislation has been blocked by that their cause will be helped Others on the Rules Commit- solid opposition from Republi- by the experience of the 2012 tee mainly include sena- cans, including Alexander and campaign, which witnessed ALEXANDER tors in relatively safe seats. Two Senate Minority Leader Mitch spending of over $1 billion from current committee members, McConnell (R-Ky.), another outside groups not controlled by Sens. Ben Nelson (D-Neb.) and Rules Committee member and candidates or political parties. Kay Bailey Hutchison (R-Tex- former chairman of the panel. As much as $400 million of this as), are retiring at the end of the spending came from 501(c) non- current Congress. The Rules Committee held profits and business associations its most recent hearing on the that do not disclose their donors. The committee’s jurisdic- DISCLOSE Act last March. tion includes a wide range Schumer and other Demo- It remains to be seen how the of administrative matters, crats advanced the measure Rules Committee, which takes including organizing the Janu- out of committee and to the its cue on campaign finance leg- ary inaugural ceremonies for Senate floor in July, where it islation from the Senate leader- President Obama’s second term. was blocked by a Republican ship, will handle the continuing The panel conducts much of its filibuster. calls for campaign finance re- business out of public view but form in the wake of yet another has been active in recent years The legislation that would election that broke records for in advancing proposals to re- require tax code Section 501(c) spending. vamp campaign finance laws in organizations to disclose contri- response to the Supreme Court’s butions used to pay for political By Kenneth P. Doyle 2010 ruling in Citizens United v. advertising and speed up disclo- Federal Election Commission. sure of donors to so-called super

www.bna.com | www.bgov.com Preview of the 113th Congress | 29 Senate Small Business & Entrepreneurship Landrieu to Maintain Focus on Tax, Regulatory Climate Facing Small Businesses

Sen. Mary Landrieu (D-La.) at regulations affecting small The small business commu- is expected to retain her chair- businesses to make sure they are nity also applauded Snowe’s manship of the Senate Small necessary, smart, and efficient.” efforts to ensure a light touch Business and Entrepreneurship from federal regulators, and her Committee, but the top Repub- Some in the small business replacement is certain to carry lican spot remains up for grabs, community expect Landrieu to forward that mantra too as the as ranking member Olympia continue to resist a lower estate GOP’s anti-regulation advocacy Snowe (R-Maine) is retiring. tax threshold, as she has done will remain a focus of the next before in contrast to others in ranking member, a Republican LANDRIEU Regardless of who steps into the Democratic party. Industry aide on the committee said. the ranking member’s spot, advocates have applauded her Landrieu wants the committee position, given that they want to Another area of focus for to nurture business formation exempt as many small business the committee could involve and development through the owners from what they consider the Small Business Technol- right mix of tax policies and a burden. ogy Transfer program, an issue regulation. That would match that would generate interaction the desires of advocates in the Sen. James Risch (R-Idaho) with the House Small Business small business community, who could be chosen to replace Committee despite friction in have been encouraged by parts Snowe as ranking member, the past. of Landrieu’s track record on small business advocates have RISCH those fronts. said. That possibility is partly Among panel members up based on thinking that the Re- for re-election, voters returned “During the next Congress, publican member right behind Sen. Maria Cantwell (D-Wash.) Chair Landrieu’s focus will be Snowe, Sen. David Vitter (La.), but rejected Sen. Scott Brown on continuing our work from is moving up the ladder else- (R-Mass.). Sen. Joe Lieberman this Congress on finding ways to where, taking over as ranking (I-Conn.), who caucused with strengthen the various domains member of Environment and Democrats, retired. of the entrepreneurial ecosystem Public Works. to help existing small businesses By Aaron Lorenzo and encourage new start-ups,” While small business propo- said a spokesman for the com- nents will miss Snowe, whom mittee, Robert Sawicki. “She they considered a strong ally in will also be focusing on provid- light of her grasp of how small ing tax relief to small busi- business owners pay taxes, they nesses, as well as taking a look said her possible replacements know the landscape very well.

30 | Preview of the 113th Congress www.bna.com | www.bgov.com House Administration House Administration Chairman’s Election in Doubt, but GOP Leaders Will Guide Panel

Rep. Dan Lungren (R-Calif.), When Republicans took over the most effect on the electoral fate chairman of the House Administra- the House majority in the 2010 of Lungren, himself. The race for tion Committee, remained locked elections and Lungren took the his Sacramento-area congressio- in a close and unresolved election chairmanship of the House Admin- nal district was one of the hardest contest Nov. 7, as he refused to istration Committee, it did cause a fought in the country and saw concede defeat in a race where he major shift in the role of the com- campaign spending of nearly $14 trailed his Democratic challenger, mittee. million, according to FEC figures Ami Bera, by less than 200 votes. compiled by the nonprofit Center Previously, the panel had been for Responsive Politics. In a statement posted on his cam- used by Democratic leaders to paign website, Lungren said there advance campaign finance legisla- The total in Lungren’s race LUNGREN were “tens of thousands of absentee tion, known as the DISCLOSE Act, included over $8.3 million poured Lungren’s re-election race and provisional still to be designed to increase disclosure of into the campaign by outside was not called as of press counted, and we may not know the donors to groups making indepen- groups, including a Super PAC, time Wednesday. outcome of this race for days or dent expenditures in campaigns. called Friends of Democracy, even weeks.” He added: “We re- The legislation was advanced as a advocating campaign finance main cautiously optimistic and will response to the Supreme Court’s reform. Most of the outside spend- monitor the final count closely.” 2010 decision in Citizens United ing—more than $4.8 million—went v. Federal Election Commission, against Lungren. It was not clear whether or how which struck down restrictions the agenda of the House Admin- on corporate and union campaign If Lungren does not prevail in istration Committee might be spending and led to a big boost in his race, other Republicans on the affected by the resolution of Lun- spending by outside groups not committee, who did not face tough gren’s election. The panel’s leaders controlled by candidates or politi- re-election contests, could step up and members are hand-picked and cal parties. to replace him. According to the closely controlled by House Repub- panel’s website, the highest ranking BRADY lican and Democratic leadership, The DISCLOSE Act was stalled House Administration Committee which sets the course for significant in Congress by solid Republican Republican behind Lungren is Rep. actions on campaign finance legis- opposition, and when the Repub- Gregg Harper (R-Miss.), who was lation and other matters under the lican leaders took majority control re-elected Nov. 6 without opposi- committee’s jurisdiction. of the House, they shifted away tion. Harper will be returning to from the disclosure legislation and the House for his third term in the Republicans clearly maintained toward Republican priorities. Under 113th Congress. their majority control over the Lungren’s leadership, the House House in the Nov. 6 elections de- Administration Committee focused The committee has a lopsided 6-3 spite President Obama’s re-election on voter fraud issues, attempts to ratio of Republicans to Democrats. and Democratic gains in the Senate. abolish the U.S. Election Adminis- The three Democrats on the panel It appeared unlikely, at least in the tration Commission, ending public are veteran lawmakers, including immediate term, that House Repub- financing of presidential cam- the ranking minority member, Rep. lican leaders were ready to make paigns, and oversight of the Federal Robert A. Brady (D-Pa.), who eas- any major changes on their past Election Commission. ily won re-election Nov. 6 from his policy positions regarding cam- Philadelphia-area district. paign finance or other matters. Ironically, it was the outside spending issue that may have had By Kenneth P. Doyle

www.bna.com | www.bgov.com Preview of the 113th Congress | 31 House Agriculture House Agriculture Committee to Lose Senior Democrats, but Top Posts Unchanged

The House Agriculture Com- David Scott (D-Ga.) is the next- “I don’t see any reason to delay it mittee’s top leadership is poised to highest ranking Democrat, followed any further,” Scholl said. remain in the new Congress, but by Rep. Joseph Courtney (D-Conn.). retirements and election defeats take But Gray said before Election Day away a few senior Democrats. Lobbyists said that on the panel, that he still expected delay. “My particularly, regional interests play gut feeling tells me no matter what Rep. Frank D. Lucas (R-Okla.) into who wins leadership posts on happens in the election the farm bill is in line to remain the committee’s subcommittees—making seniority will be kicked over into 2013. I hope chairman, and Rep. Collin C. Peter- just a piece of the puzzle. I am wrong,” he told BNA. son (D-Minn.) its ranking Democrat. LUCAS A loss for Democrats was the de- Two sources have told BNA that The biggest loss to the Democrats feat of Rep. Larry Kissell (D-N.C.), Rep. Michael Conaway (R-Texas), had already been determined when who, is relatively senior among is likely to remain chairman of the Rep. Tim Holden (D-Pa.) lost an Democrats on the panel and could House Agriculture General Farm primary shaped by congressional have been in line for such a position. Commodities and Risk Management redistricting. Holden is the panel’s Subcommittee—the panel tasked second-ranking Democrat and is “I think those folks clearly are with overseeing the Commodity ranking Democrat on the Subcom- going to be missed,” Jon Scholl, Futures Trading Commission and mittee on Conservation, Energy, and president of the American Farmland futures and derivatives trading. Forestry—a slot that, by seniority, Trust, told BNA Nov. 7. could go to Rep. Kurt Schrader (D- Under Conaway’s leadership in Ore.) or Rep. William L. Owens (D- Republicans will lose Reps. the last two years, the subcommit- PETERSON N.Y.), depending how constant the Timothy V. Johnson (R-Ill.), chair- tee took a lead role in policing the subcommittee assignments remain. man of the Subcommittee on Rural CFTC’s implementation of the 2010 Development, Research, Biotech- Dodd-Frank law Among other mat- Holden’s loss reduced the number nology, and Foreign Agriculture, ters, Conaway sponsored H.R. 1840, of Northeastern members on the who decided not to run for re-elec- which would require the agency to panel with solid ties to dairy inter- tion. Rep. Glenn Thompson (R-Pa.) assess the costs and benefits of a rule ests, said Robert J. Gray, executive is next in seniority. Republicans held before it can be adopted. director of the Council of Northeast Johnson’s seat. Farmer Cooperatives and a lobbyist The bill was rolled into an om- for farmer-owned dairy bargain- Also, Rep. Jean Schmidt (R- nibus regulatory overhaul bill that ing cooperatives in particular. His Ohio), chairwoman of the Subcom- passed the House in July. Conaway, seat remains in Democratic hands, mittee on Nutrition and Horticulture, a certified public accountant, also but panel assignments will not be was defeated in a primary. Rep. has criticized the CFTC for need- known until the 113th takes office. Steve King (R-Iowa) is next in lessly proposing and adopting rules seniority on that panel. not required by Dodd-Frank. Another loss, from the Demo- crats’ point of view, was the defeat Whether the changes have any Rep. (R- of Rep. Leonard Boswell (D-Iowa), impact on the five-year farm bill Texas) could have been a competitor who was forced to run against Rep. reauthorization remains to be seen. to Conaway for the subcommittee Tom Latham (R-Iowa) because of Lobbyists gave BNA mixed predic- chair. However, he is expected to re- redistricting. Boswell is ranking tions on how the legislation will main chairman of the House Finan- Democrat on the Subcommittee on unfold in the House, which has not cial Services Oversight and Investi- General Farm Commodities and taken up the bill passed last summer gations Subcommittee, according to Risk Management, followed in by the Agriculture Committee. a source on his staff, closing the door seniority by Rep. Michael McIntyre on a leadership role on the General A common refrain among lobby- (D-N.C.), who appeared to win re- Farm Commodities panel. ists has been that the GOP leader- election but by a razor thin margin ship has been waiting to see if the that could lead to a recount. A spokesman for Conaway did Senate might switch to control and not respond to a query regarding his Another senior Democrat, Rep. whether Mitt Romney would win, priorities if reappointed subcommit- Dennis Cardoza (D-Calif.), resigned improving the odds of a GOP- tee chairman. from Congress, leaving open the shaped bill after the new Congress ranking slot on the Subcommittee on takes office. That prospect is now By Marc Heller and Richard Hill Livestock, Dairy, and Poultry. Rep. out of the equation.

32 | Preview of the 113th Congress www.bna.com | www.bgov.com House Appropriations Rogers, ‘Cardinals’ Re-Elected; Contest Seen for Ranking Appropriations Slot

The election will generate few collaborate in December. Both policy riders in many of the FY changes in the leadership of the lawmakers said they want to try 2013 bills, Dicks said it was impor- House Appropriations panel, with during the lame-duck session to tant for the panel to show it could the senior Republican and Demo- pass an omnibus spending package get its work done. cratic members who stood for re- that would bring fiscal year 2013 election easily winning their races. appropriations work to a close. The leading candidates to replace Dicks as the committee’s top Dem- Returning to the helm of the The committee saw significant ocrat are Kaptur and Lowey, two of committee will be Chairman Hal changes two years ago when Lewis the longest-serving members of the Rogers (R-Ky.), who won a 17th was forced by GOP term limit rules House and both longtime members term. Also returning to serve on the to relinquish his gavel and former of the committee. ROGERS panel in the 113th Congress will be Chairman David Obey (D-Wis.) all of the so-called subcommittee retired rather than stand for re- Kaptur is next in line behind cardinals who sought re-election to election. Those moves resulted in Dicks and has been in Congress the House. a new leadership lineup on both since 1983. Besides her longtime sides. Meanwhile, many rank-and- Appropriations assignment, she Committee Democrats also fared file Democrats on the panel lost also holds a senior slot on the Bud- well in the election, with all of the their re-election bids. get Committee. minority members who ran win- ning their re-election bids. Besides personnel shifts, the com- Lowey, in the House since 1989, mittee also was forced by an influx is third in line after Dicks, Kaptur, While ranking minority member of new tea party conservatives to and Rep. Peter Visclosky (D-Ind.). Rep. Norm Dicks (D-Wash.) has go along with a two-year earmark Lowey does not hold posts on other KAPTUR already announced his retirement moratorium and otherwise em- committees. plans, all the other Democrats on brace large cuts in the discretionary the panel who stood for re-election spending programs it oversees. Despite being further down the are set to return next January. roster than Kaptur, however, Low- In contrast, far fewer changes ey has emerged as the leader in the Overall, there are far fewer are in the works as the committee two-woman race. Lowey is said to changes in the works than there prepares for this year’s lame-duck have the support of House Demo- were two years ago, when Rog- session and the new Congress. The cratic leaders, particularly Minority ers was competing with former most significant development is Leader Nancy Pelosi (Calif.), also Chairman Jerry Lewis (R-Calif.) due to Dicks’s decision to retire a former member of the Appro- and Rep. Jack Kingston (R-Ga.) to at year’s end. His departure has priations Committee. Both Lowey gain the gavel of the committee. spawned an internal fight for the and Pelosi served on the State and After securing the chairmanship in top Democratic slot on the commit- Foreign Operations Subcommittee LOWEY 2010 and leading the panel through tee and also could generate changes and have been involved in human a difficult two-year stretch, Rogers in the various subcommittees’ rank- rights issues. said his goal now is to return to ing members. “regular order” and see Congress In recent years, Lowey has pass all of the 12 bills that provide Dicks, who served 18 consecutive alternately been the chairman or annual discretionary funding for terms since coming to the House the ranking minority member of the federal government. in 1977, has served on the panel State-Foreign Operations, play- for decades. In recent years, he has ing a large role in developing the But Rogers will be pursuing that served as either the ranking member foreign aid budget. She is consid- goal next year with a new Demo- or the chairman of the Defense ered one of the Democrats’ leading cratic partner. With Dicks set to Subcommittee. He assumed the top voices on foreign policy and is retire, a competition is under way Democratic slot after Obey retired. an advocate for human rights for to replace him. Both Reps. Marcy Sudan and increased funding for Kaptur (D-Ohio) and During his two years in the job, the global fight against HIV/AIDS. (D-N.Y.) are said to be interested in Dicks struck a more collegial tone She gave up a 2000 Senate bid to becoming the first woman to hold in his dealings with committee allow Hillary Clinton to run for the the job. Republicans and worked with Rog- seat in New York. ers to clear the panel’s 12 regular Rogers and Dicks, however, may spending bills. Even though he While more senior, Kaptur does have one last project on which to objected to the funding levels and not serve as ranking member on www.bna.com | www.bgov.com Preview of the 113th Congress | 33 any of the panel’s 12 subcommittees and Dicks’s retirement and the possible sion to fund the first six months of FY 2013 has not had as high a profile on spending elevation of Lowey to the committee’s via a CR was described by Rogers, Dicks, matters as Lowey in recent years. ranking spot also is expected to translate and other appropriators as a major disap- into changes in the lineup of subcommittee pointment. While appropriators fared well in their ranking members. The top minority slots at races, a number of other planned retire- the Defense and State, Foreign Operations Rogers and Dicks said they would like ments will alter the lineup at the committee. panels both could be open. At Defense, Vis- to keep working on the 2013 bills and pass Among others, former chairman Lewis al- closky is next in line to be ranking member. them as an omnibus during the lame-duck ready announced he will retire at year’s end. However, Visclosky would have to give up session. If that does not occur, appropriators He has served 17 terms in the House. his current ranking spot on the Energy and will have to either finish the bills next win- Water Subcommittee to take the Defense ter or face pressure to do a one-year CR. Besides Dicks and Lewis, Rep. Steve slot. LaTourette (R-Ohio) announced his retire- For his part, Rogers said he doubts the ment plans a few months ago. Meanwhile, Such a move by Visclosky could give wisdom of those who continue to call Rep. Denny Rehberg (R-Mont.) and Rep. Rep. Ed Pastor (D-Ariz.) the opportunity to for more cuts to discretionary spending, Jeff Flake (R-Ariz.) both decided to give move into the ranking spot on Energy and whether it is on the defense or non-defense up their House seats to run for the Senate. Water. But Pastor also is next in senior- side of the budget. Flake managed to defeat Richard Carmona ity behind Olver on the Transportation, (D) to take the seat of retiring Sen. Jon Kyl Housing, and Urban Development Subcom- In remarks made shortly before Congress (R-Ariz), but Rehberg failed to unseat Sen. mittee. Olver’s retirement also could give adjourned this fall, Rogers said lawmakers Jon Tester (D-Mont.). Pastor the chance to be ranking member of now have cut discretionary spending three that panel. years in a row, with domestic programs cut Also retiring are Reps. Steve Austria (R- $100 billion. Ohio), John Olver (D-Mass.), and Maurice Should Lowey succeed Dicks as the top Hinchey (D-N.Y.). Rep. Steven Rothman (D- Democrat on the panel, Jackson is in line “I think we have just about reached the N.J.) lost his primary race earlier this year. to be ranking on State, Foreign Operations. bottom of the barrel on cutting domestic Behind him is Rep. Adam Schiff (D-Calif.). discretionary spending,” Rogers said in a Still in doubt, however, is whether Rep. Sept. 16 C-SPAN interview. Jr. (D-Ill.) will return to the Rogers said his goal for the next Congress House and to the committee next year. Jack- is to reassert the committee’s historic role “It has been a tough time,” Rogers said. son won his race against Brian Woodworth in overseeing the annual spending of the Rogers said that federal spending will (R), but Jackson was mostly a no-show federal departments and agencies by enact- increase even if defense and non-defense on the campaign trail while he underwent ing the 12 regular appropriations bills as has programs are forced to absorb more cuts. treatment for a bipolar disorder. There is been done in the past. speculation that he now might give up the “Because of entitlement spending, we seat and force a special election to fill it. During Rogers’s tenure as chairman, will still be in the red, every year,” Rogers Congress in neither year managed to finish said. “So the problem is not in discretionary Rehberg’s decision to run for the Senate all the measures as stand-alone bills. While spending. We have done our job. The prob- seat means that his job as chairman of the last year it did pass spending packages lem is the auto-spending of cruise control Labor, Health and Human Services, and providing FY 2012 funds, this fall Con- entitlements.” Education Subcommittee will be open. Next gress resorted to a six-month “status quo” in line behind Rehberg on the panel are continuing resolution (CR) that extended By Nancy Ognanovich Lewis and Rep. Rodney Alexander (R-La.). federal spending into March 2013. The deci-

34 | Preview of the 113th Congress www.bna.com | www.bgov.com House Armed Services Few Changes to HASC Leadership on Tap, but Long-Term Members Bartlett, Reyes Out

Rep. Buck McKeon (R-Calif.) Thornberry chairs the commit- senior on the HASC and represent will likely continue as chairman of tee’s Emerging Threats subcom- districts with significant seapower the House Armed Services Com- mittee. He is term-limited by interests. mittee after Republicans retained House rules from continuing to control of the House Nov. 6. serve on the House Permanent Other HASC members who will Select Committee on Intelligence. not return in January are Martin But a few long-term incumbents Heinrich (D-N.M.), who won a will not return in January, includ- Thornberry is vice chairman of Senate seat, and Rep. Todd Platts ing the second-ranking members the HASC and has a lot of national (R-Pa.), who retired. of each party, Reps. Roscoe security experience. Also, his con- Bartlett (R-Md.) and Silvestre gressional district has strong ties Members losing reelection races MCKEON Reyes (D-Texas). to the Army and Air Force, Heath include Reps. Bobby Schilling said. Bell Helicopter has several (R-Ill.), Larry Kissell (D-N.C.), Overall, the election results will plants for the V-22 Osprey and Mark Critz (D-Pa.), Betty Sutton produce few changes to the commit- Kiowa helicopters in the Amarillo (D-Ohio), and Kathleen Hochul tee, Professional Services Council area, and the district also is home (D-N.Y.). Reps. Allen West (R- Executive Vice President and Coun- to Sheppard Air Force Base, which Fla.) and Mike McIntyre (D-N.C.) sel Alan Chvotkin told BNA. was a candidate for the F-35 train- were in races too close to call. ing program. Bartlett, who chairs the Subcom- In terms of legislative priorities, mittee on Tactical Air and Land Another subcommittee chairman the Defense Department’s imple- Forces, lost a bid for his 11th term departing in January is Rep. Todd mentation of its revised military in the House to Rep.-elect John Akin (R-Mo.), who lost his Senate strategy—perhaps in the midst of SMITH Delaney (D). race to Sen. Claire McCaskell sequestration—will be the commit- (D-Mo.). tee’s primary issue for the 113th Reyes lost the Democratic Congress, said Chvotkin of the Pro- primary for his district in May to Akin chaired the committee’s fessional Services Council. DOD eventual general-election winner Seapower and Projection Forces announced in early 2012 that it will Beto O’Rourke. Reyes is the rank- Subcommittee, which authorizes refocus its forces from the Middle ing member of the Tactical Air and Navy and Marine Corps East to the Asia-Pacific region. Land Forces subcommittee. procurement. McKeon has been a vocal oppo- Bartlett’s replacement as sub- There could be a fight for the nent of sequestration, Chvotkin said. committee chairman could spark Seapower chairmanship, Heath a fight in the House Republican said. Rep. Duncan Hunter Jr. In addition, Rep. Conference, which chooses the (R-Calif.) is next in subcommittee (D-Wash.) is expected to return as party’s leaders in the House, McK- seniority. Hunter’s San Diego area the panel’s ranking member. enna, Long & Aldridge Counsel district has strong ties to the Navy Jay Heath told BNA. Rep. Frank and makes him a logical choice, By David Hansen LoBiondo (R-N.J.) is next in according to Heath. But Reps. seniority on the subcommittee but (R-Va.), Jeff Miller Rep. (R-Texas) (R-Fla.), Joe Wilson (R-S.C.), and may want the seat. Walter Jones (R-N.C.) are more

www.bna.com | www.bgov.com Preview of the 113th Congress | 35 House Small Business Graves-Led Panel to Carry on GOP Goals of Reducing Taxes, Regulations

Chairman Sam Graves (R-Mo.) Ranking member Nydia and Judiciary committees had joint wants two more years with the Velazquez (D-N.Y.) also figures to jurisdiction. House Small Business Committee’s return to her leadership position fol- gavel, and plans to use that time to lowing re-election for an 11th term. But the Senate did not consider keep the panel focused on tax policy the legislation, called the Regulatory and regulation. New jobs sit atop the priority list Flexibility Improvements Act, so if for Velazquez, who has been the the House passes it again, and does The re-elected Graves’s goal: committee’s top Democrat since so early in the coming Congress, to minimize their impact on small 1998 and held the chair from 2006 industry advocates hope that would businesses. Doing so would foster through 2010, though her office allow more time to time to work out GRAVES a better climate for growth, he said, declined to offer specific objectives. an agreement with the Senate. echoing the underlying theme of the House GOP majority, which will “Creating 60 percent of new net Among GOP members of the continue into the 113th Congress. jobs, small businesses remain critical committee, most were re-elected. to our economic recovery,” a spokes- But Reps. Roscoe G. Bartlett (R- “Let’s get government out of man for the panel’s Democratic side Md.) and Jeff Landry (R-La.) lost in the way, prevent tax increases and said. “In the new Congress, Demo- redrawn districts. Reps. Joe Walsh reduce regulations,” said Graves, a crats will support a range of policies (R-Ill.) and Bobby Schilling (R-Ill.) sixth-generation farmer who took aimed at furthering the success of also lost, and Rep. Allen West over the chair in the last congressio- America’s entrepreneurs.” (R-Fla.) trailed according to early nal session after two years as rank- results, but had yet to concede. ing member. “That will give small Private sector small business VELAZQUEZ businesses the certainty they need to advocates are hoping the committee The other side of the aisle suf- invest and hire. America’s entrepre- again takes up regulatory reform fered only one loss, Rep. Mark neurial spirit is as strong as ever, but legislation, and soon. The House in Critz (D-Pa.). we need to cut back bureaucratic the 112th passed such a bill, H.R. intrusion and red tape.” 527, for which the Small Business By Aaron Lorenzo House Budget Ryan Sets Sights on Returning to House as Budget Chairman, Will Require Waiver

Republican vice presidential While Ryan’s term in the current On the Democratic side, Rep. candidate Rep. (R- 112th Congress marked his third (D-Md.) is ex- Wis.) appeared set Nov. 7 to seek as top Republican on the panel, it pected to return as ranking member a waiver of his party’s term-limits was his first as its chairman. GOP on the panel. Van Hollen and Ryan rules to remain as House Budget conference rules limit a member to have a cordial working relationship Committee chairman in the 113th three terms as the top member of and even joined together to push Congress, releasing a statement the party on a committee—either as the issue of fast-track rescission saying he plans to continue heading ranking member or chairman—but request power for the president. up the panel. Ryan, who is widely popular in the Republican conference, was seen There will be some turnover RYAN “I am immensely proud of the as likely to get a waiver of that rule though on the panel on both sides campaign we ran, and I remain from House Speaker John Boehner of the aisle. Even before the elec- grateful to Governor Romney for (R-Ohio) if he so desired. tion, two members—Rep. Todd the honor of being his running Akin (R-Mo.) and Rep. Heath Shul- mate. I look forward to spending That could change, though, if er (D-N.C.)—were not expected some time with my family in the Ryan is seen as one of the reasons back, as Akin ran unsuccessfully coming days and then continuing Mitt Romney lost the presiden- for the Senate and Shuler decided my responsibilities as chairman tial election. The fate of Ryan’s to retire. Also, Rep. Frank Guinta of the House Budget Committee quest for a waiver could serve as a (R-N.H.), one of several GOP and representative of Wisconsin’s proxy for how House Republicans freshmen on the panel, lost his bid First Congressional District,” Ryan interpret the Nov. 6 elections and for re-election. VAN HOLLEN said in a statement released by the their stances on fiscal issues, given Romney campaign. Ryan’s high profile on the topic. By Jonathan Nicholson

36 | Preview of the 113th Congress www.bna.com | www.bgov.com House Education and the Workforce Seven Members to Depart Education Panel but Kline, Miller Expected to Remain in Place

The current chairman and rank- Lynn Woolsey (D-Calif.) also have current chairman, while the ranking ing member of the House Commit- announced their retirements, while member is the retiring Kildee. It is tee on Education and the Workforce Reps. Dennis Kucinich (D-Ohio) unclear who will replace him, but are expected to remain in place in and Jason Altmire (D-Pa.) both lost Rep. Robert Scott (D-Va.) follows the 113th Congress, according to their primary races. Rep. Mazie Kildee in seniority among Demo- congressional aides contacted by Hirono (D-Hawaii) ran for the Sen- crats on the subcommittee. BNA, while some seven members ate and won that race, and will not of the committee are leaving the return to the House. Alex Sollberger, spokeswoman House, including two subcommit- for the Republicans on the com- tee ranking members. Congressional aides were unable mittee, told BNA Nov. 5 that “the to confirm whether subcommittee committee is not planning any KLINE Because Republicans maintained chairs and ranking members would hearings on labor issues during the control of the House after the remain the same, noting that com- lame duck session,” and that any Nov. 6 election, Rep. John Kline mittee assignments will be made by legislation brought to the floor will (R-Minn.) is expected to remain party leaders in the coming months. be determined by Majority Leader chairman of the committee, while Eric Cantor (R-Va.). Rep. George Miller (D-Calif.) The Subcommittee on Health, likely will remain the ranking Employment, Labor, and Pensions As for legislative priorities for member, according to representa- currently is chaired by Rep. David the 113th Congress, in addition tives of committee Republicans and Roe (R-Tenn.), and Rep. Robert to a variety of education-related Democrats. Andrews (D-N.J.) is the ranking bills the committee hopes to focus member. on, Sollberger said the committee At the same time, seven mem- “will maintain its commitment to MILLER bers will be leaving the committee. Rep. Tim Walberg (R-Mich.) fixing a broken job system through On the Republican side, Rep. Todd currently chairs the Subcommittee a reauthorization of the Workforce Platts (R-Pa.) is retiring, his district on Workforce Protections. Wool- Investment Act.” having been eliminated after the sey was the ranking Democratic latest round of redistricting based member, and it is unclear who will In addition, the committee will on the 2010 Census. Platts cur- replace her. Rep. Timothy Bishop focus on “policies that can re- rently sits on the Subcommittee on (D-N.Y.) will now be the most se- duce health care costs, strengthen Higher Education and Workforce nior Democrat on the subcommittee. individuals’ retirement security, and Training and the Subcommittee on protect the rights of workers and Early Childhood, Elementary, and On the Subcommittee on Higher employers,” Sollberger said. Secondary Education. Education and Workforce Train- ing, Rep. (R-N.C.) is A spokesman for Miller was un- Meanwhile, Rep. Judy Biggert the current chairwoman, and Rep. able to provide details of Demo- (R-Ill.), who currently sits on the Ruben Hinojosa (D-Texas) is the cratic priorities for the lame duck same two subcommittees as Platts, ranking member. session or new Congress, and noted lost her re-election bid to Democrat that final decisions about commit- Bill Foster. On the Subcommittee on tee makeup will be made by the Early Childhood, Elementary, Republican leadership. Among committee Democrats, and Secondary Education, Rep. Reps. Dale Kildee (D-Mich.) and Duncan Hunter (R-Calif.) is the By Michael Rose

www.bna.com | www.bgov.com Preview of the 113th Congress | 37 House Energy and Commerce House Republicans to Continue Scrutiny of EPA Rules, Promote Energy Independence

House Energy and Commerce of several bills to approve the Key- of overall tax reform that would Committee Chairman Fred Upton stone XL oil pipeline from Canada include lowering corporate income (R-Mich.) will return to chair the to Texas, is next in line to head the taxes. panel that House Republicans subcommittee. The panel has the have relied upon for the past two lead role in investigating the En- Referring to the Solyndra bank- years to attempt to block or delay ergy Department’s troubled clean ruptcy, Upton said during an Oct. new environmental regulations energy loan guarantee program and 9 campaign debate in Michigan, proposed by the Obama adminis- the Solyndra bankruptcy. “We don’t need subsidies like this, tration. particularly when taxpayers lose Reps. Edward Whitfield (R-Ky.) every dime in their pocket. I’m for UPTON Upton, who won re-election and (R-Ill.) are ex- putting all these [tax preferences] Nov. 6 to his southwest Michigan pected to retain their chairmanships on an even footing. Let’s look at district, also wants to take up the of the Subcommittee on Energy the oil and gas subsidies and let’s goal of North American energy in- and Power and the Subcommittee take them away. Let’s let them dependence that was promoted by on the Environment and Economy, compete just like everyone else at Republican candidate Mitt Romney respectively. the same level.” during his unsuccessful run for the White House, although that will be In addition to Stearns, several Whitfield plans to continue harder to do with Democrats retain- committee members will not be conducting his forums, or listening ing control of the Senate. back in 2013. sessions, on the Clean Air Act, lay- ing the groundwork for overhauling Rep. Henry A. Waxman (D- Rep. John Sullivan (R-Okla.) the key environmental law some- WAXMAN Calif.), the senior Democrat on the lost a primary battle. Rep. Tammy time in the future. A third forum is committee and a leading liberal in Baldwin (D-Wis.) gave up her seat scheduled for Nov. 29 during the the House, will return after winning to run for a Senate position, which lame-duck session. his closest election in decades. she won in a close race. Waxman again will lead the Demo- In the environmental subcom- crats, who will remain in minority Four committee members are re- mittee, Shimkus plans to focus “as status for the 113th Congress. tiring: Reps. Sue Myrick (R-N.C.), soon as possible” on legislation to (D-N.Y.), Charlie regulate the disposal of coal ash, Waxman has written to Upton 17 Gonzalez (D-Texas), and Mike a residue from coal-fired power times since March 2011 request- Ross (D-Ark.). plants, that could be considered in ing hearings on the relationship of the lame-duck session, a committee climate change to extreme weather- Committee members defeated in spokeswoman said. related disasters. The latest missive the election include Rep. Charles came on Oct. 31, two days after Bass (R-N.H.), who lost his seat “Our hope is to enact coal ash Hurricane Sandy made landfall in to a Democratic challenger, Ann legislation as soon as possible, as a New Jersey. Waxman asked Upton McLane Kuster, and Rep. Mary bicameral, bipartisan compromise hold a hearing during the lame- Bono Mack (R-Calif.), who lost her has been reached,” said Charlotte duck session that begins the week seat to Raul Ruiz, a Democrat. Baker, committee spokeswoman, of Nov. 12. referring to a Senate bill. Rep. Brian P. Bilbray (R-Calif.), The full committee membership a committee member, was in a race Republican lawmakers have ex- in 2013 should look fairly similar too close to call. pressed interest in moving coal ash to the previous Congress, with legislation based on a compromise The committee will continue its House Republicans retaining their proposal (S. 3512) offered by Sen. focus on “jobs and the economy” majority status won in 2010. (R-N.D.) that has sup- and “affordable energy,” a spokes- port from key Democrats, including Republicans will have to find a woman for committee Republicans Sen. Joe Manchin (D-W.Va.). new chairman for the Subcommit- said. The agenda for 2013 is still in tee on Oversight and Investigations the planning stages, she said. The Republican-controlled after the primary defeat of Rep. House passed several bills in In recent articles and in a Cliff Stearns (R-Fla.), the current recent months that originated in the campaign debate, Upton called for subcommittee chairman. Energy and Commerce Committee eliminating subsidies for renewable and are designed to block President Rep. Lee Terry (R-Neb.), author energy and for fossil fuels, as part Obama’s environmental initiatives.

38 | Preview of the 113th Congress www.bna.com | www.bgov.com The House passed a five-bill package sions to ozone standards to protect public During his two-year tenure, Walden Sept. 21 called the Stop the War on Coal Act health. The package, drawn from measures sponsored a resolution to repeal the Federal (H.R. 3409) that would block environmental in Energy and Commerce and the House Communications Commission network regulations affecting the coal industry and Natural Resources Committee, drew a veto neutrality rules and a measure to reform the strip the Environmental Protection Agency threat from the White House. agency’s processes and procedures. Both of its regulatory authority over greenhouse bills passed the House before stalling in the gas emissions. Rep. Greg Walden (R-Ore.) may leave his Senate. post as chairman of the Subcommittee on Whitfield has said he intends to stop the Communications and Technology to take a If Walden decides to step down as sub- EPA in what he considers an “outright as- leadership role as head of the National Re- committee chairman, a possible replacement sault” on the coal industry. publican Congressional Committee (NRCC), may be Rep. Lee Terry of Nebraska. Terry according to congressional sources. is vice chairman of the subcommittee, has Another Energy and Commerce bill, the an interest in the position, and would come No More Solyndras Act (H.R. 6213), which Walden is said to have the endorsements to the job with ample experience in federal passed the House Sept. 14, would prohibit of current NRCC Chairman Universal Service Fund reform and spec- the Energy Department from making new (R-Texas) and House Speaker John Boehner trum policy. commitments for federal clean energy loan (R-Ohio), who handpicked Walden to lead guarantees, but would leave in place billions the Republican Majority Transition Com- Energy and Commerce has a broad juris- of dollars in pending applications for build- mittee following the party’s takeover of the diction over consumer protection, environ- ing new nuclear power plants and some House in 2010. mental issues, energy policy, food and drug fossil energy projects. safety, health care, interstate and foreign To win the job, Walden must receive commerce, and telecommunications. A bipartisan committee bill (H.R. 4273) a majority vote of House Republicans, to ensure utilities are not fined or subjected which is widely expected. One source told The Committee oversees many depart- to lawsuits if they violate emissions require- BNA that Walden is considering whether ments and agencies including the depart- ments when ordered to generate electricity he would want to become the next NRCC ments of Energy, Health and Human Servic- in emergencies, passed the House Aug. 1. chairman while also retaining his subcom- es, Commerce, and Transportation, as well mittee chairmanship. as the Environmental Protection Agency, the In June, House Republicans passed a sev- Federal Energy Regulatory Commission, en-bill package (H.R. 4480), the Domestic Walden has been influential and active as the Federal Trade Commission, the Food Energy and Jobs Act, put together by House subcommittee chairman, holding hearings and Drug Administration, and the Federal Speaker John Boehner’s leadership team, and moving legislation through the House. Communications Commission. that would expand energy production on He played a key role in crafting the spectrum federal lands, delay several EPA rulemak- provisions in the Middle Class Tax Relief and By Lynn Garner and Paul Barbagallo ings, and require economic feasibility and Job Creation Act (Pub. L. No. 112-96). cost to be considered when EPA makes revi-

www.bna.com | www.bgov.com Preview of the 113th Congress | 39 House Ethics House Ethics Members Unaffected by Election; Panel’s Agenda Unclear

Current members of the House in recent years to deal with ethics The conclusion of the Waters Ethics Committee were not af- charges against two lawmakers— matter came after controversy fected by the results of the 2012 Reps. Charles Rangel (D-N.Y.) and wracked the Ethics Committee election, in which Republicans held (D-Calif.). over its handling of the probe. The onto majority control of the House controversy led to recusal of both for the 113th Congress. Rangel, the former chairman Bonner and Sanchez, as well as of the powerful House Ways and other regular committee members, Committee Chairman Jo Bon- Means Committee, was censured from involvement in the case. ner (R-Ala.) had no Democratic by the House in late 2010, after opponent in his re-election race, the Ethics Committee found him Reps. Robert Goodlatte (R-Va.) BONNER though he faced a tougher fight guilty of violating congressional and John Yarmuth (D-Ky.), were during a Republican primary earlier rules related to failure to pay taxes appointed to head the panel for the this year. Rep. Linda Sanchez (D- on rental income from a vacation Waters investigation. When the Calif.), the ranking Democrat on home in the Dominican Republic, probe was over, the two addressed the Ethics Committee, also will be improperly raising money for a issues that arose during the inves- returning to Capitol Hill in the new City College of New York center to tigation, including allegations of Congress. be named after him, and the use of partisanship by Ethics Committee a rent-subsidized New York apart- members and staff. Democratic and Republican ment as a campaign office. House leaders will pick the leaders The statement by Goodlatte and members of the Ethics Com- Waters was cleared by the Eth- and Yarmuth also made specific mittee when the new Congress ics Committee in action this fall. recommendations about the future SANCHEZ organizes later this year. Like its The Ethics Committee announced practices of the Ethics Commit- Senate counterpart, the 10-member in September the conclusion of a tee, as well as recommendations House Ethics Committee is equally long-running investigation, which to clarify House procedures on divided among Democratic and found Waters did not violate conflicts of interest. It remains to Republican members. ethics rules by helping to secure be seen whether House leaders and government funding for a bank in the Ethics Committee will follow The committee conducts most which her husband had a financial up on those recommendations in of its work of investigating ethics interest. The action appeared to the new Congress. charges against House members in remove an obstacle for the veteran secret, making public statements congresswoman to become the top By Kenneth P. Doyle only to clarify ethics rules or an- Democrat on the powerful House nounce sanctions. However, the Financial Services Committee in panel held unusual public sessions the new Congress.

40 | Preview of the 113th Congress www.bna.com | www.bgov.com House Financial Services House Financial Services Faces Major Shifts; Hensarling Expected Chairman

The House Financial Services sion” that Waters will serve as com- and she has blamed Republicans Committee is slated for significant mittee ranking member. According for trying to stymie Dodd-Frank leadership changes in the 113th to a Hill aide, Waters “has made it rulemaking. Congress, with Rep. Jeb Hensarling clear that she wants to be the lead (R-Texas) expected to take the reins Democrat on the committee.” The aide noted that Waters may as chairman, with Rep. Maxine be “open” to reviewing “more Waters (D-Calif.) the likely favorite Under Hensarling, the commit- technical issues” in Dodd-Frank if for ranking member, Hill aides and tee would likely focus on chipping it becomes clear that certain rules observers told BNA. away at the Dodd-Frank Wall are not working as they “start to Street Reform and Consumer Pro- roll out.” However, Democrats are Though the House retained a Re- tection Act and looking to reform unlikely to “entertain” wholesale HENSARLING publican majority, both spots are up government-sponsored housing fi- overhauls, such as changes to the for grabs for the next congressional nance enterprises, sources predict- CFPB’s governing structure or its session. Current Chairman Spen- ed. “I think you’re going to see a funding. cer Bachus (R-Ala.), who led the Hensarling chairmanship probably committee for two years and served being more focused on providing Similarly, the idea of Waters and for four years as ranking member, alternatives to Dodd-Frank,” an Hensarling compromising on GSE has hit the six-year term limit for industry source told BNA. reform is a “nonstarter,” and there Republican committee leaders, is likely to be “friction there,” a Hill according to a committee aide. Hensarling, another industry aide said. According to an industry Ranking member Barney Frank source said, has made “pretty source, there is no consensus on (D-Mass.), meanwhile, announced clear” his dissatisfaction with much the issue even among Republican his retirement earlier this year. of Dodd-Frank. Issues likely to members, so moving it forward is a WATERS come up include “too big to fail” “difficult task in any context.” Still, Though other contenders, such as and the Orderly Liquidation Au- he predicted, “I imagine we would Rep. Ed Royce (R-Calif.), the third thority; the Volcker rule; the over- see a major push in that area.” most senior member of the com- sight and regulatory structure of mittee, are also eyeing Bachus’s the Consumer Financial Protection The Capital Markets and Gov- post, Hensarling has emerged as Bureau; and a derivatives end-user ernment Sponsored Enterprises the frontrunner. A Hill aide told exemption, among other topics. Subcommittee likewise may see BNA that Hensarling is the top reshuffling in its top ranks. Sub- pick for the Financial Services GSE reform also is likely to be committee Chairman Scott Garrett chairmanship because he is known front and center under Hensarling, a (R-N.J.), sources said, is competing as a “workhorse” and has paid Hill aide said. The issue has been a for the highly coveted chairman- his dues. Hensarling serves as the priority for Hensarling over the past ship of the House Budget Commit- committee’s vice chairman and as several years, and he has ushered tee, currently chaired by Rep. Paul chairman of the House Republican bills seeking to wind down and dis- Ryan (R-Wis.), of Conference, the fourth-highest solve Fannie Mae and Freddie Mac. defeated Republican presidential leadership spot among House candidate Gov. Mitt Romney. Republicans. GSE reform was expected to take center stage for the current Though the Romney-Ryan ticket The transition from Bachus Congress but did not go far. Under lost the election, Ryan still could to Hensarling should be “pretty Hensarling, however, the aide pre- step down as Budget Committee seamless,” according to Bill dicted, “we will have GSE reform chairman because, like Bachus, he Donovan, partner at Venable LLP on the [House] floor in the next is term-limited. The Republican in Washington. Congress.” The congressman, the leadership, an industry source said, aide added, “knows what he wants” has signaled reluctance to issue Hensarling and Bachus may and will push it through. waivers to members who hit term differ “stylistically,” but “philo- limits. Still, though Garrett serves sophically, they seem to be very Such an agenda is likely to be a as vice chairman of the committee much kindred spirits,” Donovan source of tension between Hen- and has been fairly “engaged” on told BNA. sarling and Waters. According to the budget issues, another industry a Hill aide, ensuring Dodd-Frank source said, there are many con- On the other side of the aisle, an implementation is going to be the tenders for the job. industry source told BNA that it is “number one” issue for Waters as “pretty much a foregone conclu- the committee’s ranking member, www.bna.com | www.bgov.com Preview of the 113th Congress | 41 “That’s a big perch to be Budget Commit- will take the reins from Waters. An aide told continue and possibly ramp up oversight of tee chairman,” the source said. BNA that the spot is the “most coveted” financial regulators, including the Securi- because of the anticipated prominence of ties and Exchange Commission. One issue If Garrett prevails in leading that commit- GSE reform in the next Congress. that may come before the committee in the tee, it is unclear who would take over the next session is the possible consolidation Capital Markets panel. However, industry Among other changes on that subcommit- of regulators—for instance, combining the sources suggested that possibilities to suc- tee, Rep. Gary Ackerman (D-N.Y.), a senior SEC with the Commodity Futures Trading ceed Garrett include Reps. John Campbell Democrat, is retiring, along with Rep. Brad Commission. (R-Calif.), Peter King (R-N.Y.), or Patrick Miller (D-N.C.). McHenry (R-N.C.). One source noted “I think that will be an issue certainly on that the subcommittee has many freshmen Other subcommittees facing turnover the Republican side in the House, but I think members, so “there may be somewhat of an include the House Financial Services you’re going to see … more of a focus … interest to get an experienced hand to run Domestic Monetary Policy and Technology than we’ve seen in the last several years,” the subcommittee itself.” panel. That subcommittee is chaired by Rep. an industry source said. “I think that’s one Ron Paul (R-Texas), who is not seeking they’ll take a strong look at.” A Hill aide added that Hensarling and re-election. Another panel slated for leader- Bachus are likely to sit on the subcommittee ship changes is the Insurance, Housing, and A Hill aide told BNA that consolidating as members. Community Opportunity Subcommittee, the SEC and the CFTC would be “tough” whose chairman, Rep. Judy Biggert (R-Ill.), because of the different entities the agencies On the minority side, as the full commit- was ultimately defeated in a neck-and-neck regulate. The source noted, however, that tee’s ranking member, Waters is slated to race with challenger Bill Foster (D). Democrats are “willing to … listen to differ- step down from her current post as ranking ent arguments for and against” the idea. member of the Capital Markets subcom- Meanwhile, under a Hensarling leader- mittee. It is likewise unclear, however, who ship, sources said, the committee is likely to By Maria Lokshin

House Rules Hastings, Sessions Seen as Potential Choices to Succeed Dreier as Chairman

House Speaker John Boehner trol of the House, it will essentially ings, who is also seen as close to (R-Ohio) is expected to turn to be up to Boehner to decide who will Boehner. According to one GOP either Rep. Doc Hastings (R-Wash.) head the committee that sets the aide, Hastings may be seen as the or Rep. Pete Sessions (R-Texas) to procedural rules for legislation to be more diplomatic of the two, a skill head up the powerful House Rules considered on the House floor. The that could be useful in the often Committee in the 113th Congress. current chairman, Rep. David Dreier fractious committee. (R-Calif.), is retiring. Unlike other committees, where On the Democratic side, Rep. the chairman is recommended by the The two members seen as most (D-N.Y.) is Steering Committee and approved likely to step into Dreier’s spot expected to retain her slot as the HASTINGS by the full GOP conference, the are Sessions, who has headed the top-ranking Democrat on the panel. Rules chairman is nominated by the GOP’s House congressional cam- speaker, though also technically sub- paign committee for two campaign By Jonathan Nicholson ject to approval by the conference. cycles and currently serves as the With Republicans maintaining con- panel’s vice chairman, and Hast-

SESSIONS

42 | Preview of the 113th Congress www.bna.com | www.bgov.com House Foreign Affairs Chairmanship Open After Election; Royce Actively Seeks to Head Committee

The leadership of the House For- him to have the expertise and judg- Rep. Connie Mack (R-Fla.) lost eign Affairs Committee will change ment needed to lead the commit- his bid to unseat Sen. Bill Nelson after the election because the chair, tee in advancing the Republican (D-Fla.). Mack was chairman of the Rep. Ileana Ros-Lehtinen (R-Fla), agenda and the interests of our Western Hemisphere Subcommittee. who won re-election, is prevented country,” Ros-Lehtinen said in the from serving a second term under Nov. 7 letter. Rep. Donald Manzullo (R-Ill.) House Republican rules. lost in the primary and Rep. Robert Smith is chair of the Subcommit- Turner (R-N.Y.) lost in the pri- The most senior Republican on tee on Africa and Global Health, mary seeking a Senate seat. Rep. the committee after Ros-Lehtinen is while Royce chairs the Subcommit- Jean Schmidt (R-Ohio) lost in the Rep. Christopher Smith (R- N.J.). tee on Terrorism, Nonproliferation primary. Manzullo chaired the Asia ROYCE Rep. Ed Royce (R-Calif.). mean- and Trade. and Pacific Subcommittee. while, is actively seeking the com- mittee chairmanship, and has won The ranking Democrat, Rep. Republicans defeated for re- Ros-Lehtinen’s endorsement. (D-Calif.) lost his election were Reps. David Rivera re-election bid to fellow committee (R-Fla.) and Ann Marie Buerkle “I look forward to presenting member Rep. (D- (R-N.Y.) my case to my colleagues later this Calif.) due to redistricting. Sherman month and sharing my vision for is the ranking Democrat in the Ter- On the Democratic side, Rep. the Foreign Affairs Committee,” rorism Subcommittee. Christopher Murphy (D-Conn.) Royce said Nov. 7 in officially won the Senate seat left open by re- announcing his candidacy. In his The committee will also have tiring Sen. Joe Lieberman (I-Conn.) statement, Royce called “the a number of vacancies in the new gravest threat facing the U.S. and Congress left by members who Rep. Russ Carnahan (D-Mo.) lost SMITH our allies.” retired or were defeated. in the primary due to redistricting. Rep. Ben Chandler (D-Ky.) did not Ros-Lehtinen expressed her On the Republican side, Reps. win re-election. “strong support” for Royce in a Dan Burton (Ind.), Elton Gallegly By Diana I. Gregg letter to the Republican Steering (Calif.) and Ron Paul (Texas) all Committee. “I have worked closely retired. Burton chaired the Subcom- with Ed for many years and find mittee on Europe and Eurasia.

www.bna.com | www.bgov.com Preview of the 113th Congress | 43 House Homeland Security Three-Way Race Seen for Chairmanship of House Homeland Security Committee

Republicans on the short list to Transfer Practice Group, agreed in part, on privatizing the Trans- chair the House Homeland Security that a waiver was not out of the portation Security Administration. Committee in the 113th Congress realm of possibility, as King is Rogers notably threw his support are Reps. Candice Miller (Mich.), widely respected and for the most behind the Republican party plank Michael McCaul (Texas), and Mike part has had a collaborative rela- to privatize TSA, what Republicans Rogers (Ala.), according to politi- tionship with Homeland Security called “a massive bureaucracy of cal observers surveyed by BNA. Secretary Janet Napolitano. 65,000 employees who seem to be accountable to no one for the way All three of the committee “Their relationship has not been they treat travelers.” members could begin vying for the as politically driven as on other KING position if current Chairman Peter committees,” Krayem told BNA, Paul Rosenzweig, the founder of King (R-N.Y.) decides not to seek “which has been beneficial to Red Branch Consulting PLLC, a a waiver of a Republican Party both.” homeland security consulting firm, rule that prohibits members from and former deputy assistant secre- serving for more than six years as A spokesperson for King did tary for policy in the Department of chairman of any one committee, not return calls from BNA seeking Homeland Security, said the com- experts said. comment Nov. 7. mittee in the next Congress may also devote time to investigating Barring waivers, King is one Jessica R. Herrera-Flanigan, a domestic terrorism and “radicaliza- of seven Republican committee partner at the Monument Policy tion.” chairmen who must step down in Group and a former Democratic the 113th Congress. Others include staff director and general counsel On the Democratic side, mean- THOMPSON House Budget Chairman Paul Ryan for the House Homeland Security while, Rep. Bennie Thompson (Wis.) and House Transportation Committee, said that not only is it (Miss.) is expected to remain the and Infrastructure Chairman John unclear at this point whether King panel’s ranking member. Mica (Fla.). With Mitt Romney’s will seek a waiver, but whether loss to President Obama, Ryan is Republicans would even grant him Other subcommittee changes are expected to request a waiver of one. also possible. the rule to retain his chairmanship, which would open the door for If Republicans balk, that would Miller chairs the Border and King to do the same. leave Miller, McCaul, and Rog- Maritime Security Subcommit- ers, three candidates who all have tee; McCaul chairs the Oversight, “You don’t hear people chomp- “different strengths and different Investigations, and Management ing at the bit to take on the role as interests,” Herrera-Flanigan told Subcommittee, and Rogers chairs House Homeland Security chair- BNA. the Transportation Security Sub- man,” Robert Freeman, a govern- committee. The next full committee ment relations specialist with the The consensus is that if Miller chair would have to relinquish his law firm of Cozen O’Connor, told becomes the new chair, the com- or her subcommittee post. BNA in an interview. mittee would likely focus on U.S.- Canadian trade and security, since The biggest loss for commit- King has the experience and in- Miller represents a border state and tee Republicans may be Rep. Dan terest in homeland security issues, has expressed interest in the issue. Lungren (Calif.), who chairs the O’Connor said, and would have a committee’s Cybersecurity, Infra- strong argument to make to Repub- If McCaul becomes the new structure Protection, and Security lican leaders to keep his position. chair, however, the committee Technologies Subcommittee, and would largely focus on cyberse- appears to have been ousted by “If the writing was on the wall curity. McCaul co-founded and Democratic challenger Dr. Ami that [King] wasn’t going to apply co-chairs the Congressional Cy- Bera by fewer than 200 votes. for a waiver and retain the post, we bersecurity Caucus and is the only would see some jockeying among one of the three who sits on the By Paul Barbagallo contenders,” O’Connor said. “And committee’s Cybersecurity, Infra- we haven’t seen that.” structure Protection, and Security Technologies Subcommittee. Norma Krayem, co-chair of Patton Boggs LLP’s Homeland If Rogers becomes the new chair, Security, Defense, and Technology the committee would focus, at least

44 | Preview of the 113th Congress www.bna.com | www.bgov.com House Judiciary Goodlatte Expected to Vie for House Judiciary Chairmanship

Having won his re-election bid, for the committee chairmanship, on the air. According to Pandora co- Rep. (R-Va.) will Goodlatte said: “It certainly is founder Tim Westergren, in 2011 likely seek the chairmanship of the something that at the appropriate the company paid $137 million in House Judiciary Committee in the time we would be communicating performance fees to performing next Congress, political observers our interest.” artists and labels—what amounted said. to 50 percent of Pandora’s annual Goodlatte is notable for help- revenues—while broadcast radio Goodlatte, currently the chair- ing to craft the Stop Online Piracy stations, on revenues of an estimat- man of the committee’s Intellec- Act, or SOPA, (H.R. 3261), which ed $15 billion, paid nothing. tual Property, Competition, and stalled in January following a series the Internet subcommittee, first of high-profile, internet-based pro- More broadly, Goodlatte will GOODLATTE indicated his interest in becoming tests, which included self-imposed likely focus on patent and copyright full committee chairman during “blackouts” of websites such as enforcement, antiterrorism efforts, an appearance on C-SPAN’s “The Wikipedia and Reddit. SOPA op- and immigration, which will be a Communicators” in June. ponents ranging from Democrats front-line issue in Obama’s second and Republicans on to term. House Judiciary Chairman Silicon Valley tech firms had raised (R-Texas) is prohib- concern that the legislation would Goodlatte is also expected to ited under Republican term-limit stifle free speech and innovation on ratchet up oversight of the Depart- rules from retaining the chairman- the internet. ment of Justice and controversial ship, presenting an opportunity for programs such as Fast and Furious. Goodlatte, who was himself left If named chairman, Goodlatte without a full committee chairman- would still make the issue of online Though Goodlatte is consid- CONYERS ship in 2010 because of the same piracy a high priority, but start ered by many political observers rules. “completely from scratch,” accord- as the front runner to assume the ing to one House source. chairmanship, there is at least one “It would be a great honor to eligible GOP committee member serve as chairman of the House Early in 2013, he would seek to with more seniority: Judiciary Committee, and we will find compromises between the two (R-N.C.). To date, Coble has yet to leave that to the Republican Steer- sides of the debate on what he sees publicly express interest in the post. ing Committee and a process that as a “real problem,” the source said. will take place later on this year, On the Democratic side, Rep. and in the meantime focus on doing Beyond SOPA, another area (D-Mich.), who is what is critical for that [which] is where Goodlatte might focus considered to be one of the most to make sure that the Republicans his attention as House Judiciary liberal members of the House, maintain the majority in the Con- chairman is music performance is expected to stay on as ranking gress,” Smith said during the June fees. Recording industry interests member. episode “Communicators.” have lobbied Congress for years to pass legislation that would require By Paul Barbagallo Pressed for a more direct re- terrestrial radio stations to pay sponse on whether he would vie musicians for playing their songs

www.bna.com | www.bgov.com Preview of the 113th Congress | 45 House Natural Resources Resources Panel Expected to Renew Push For Energy Development, Species Act Reform

House Natural Resources can regulatory burdens of the National “there’s no specific legislation at be expected to renew legislation Environmental Policy Act and the this time” on Endangered Species for onshore and offshore energy Endangered Species Act. Act reforms. Republicans on the development in 2013 and to lay committee have especially stressed the groundwork for reform of the That was the case, for example, the need for economic impact Endangered Species Act. with a trio of bills passed by the analyses in regulatory decisions. committee in May, over the com- Natural resource development mittee Democrats’ objections, to Dan Naatz, vice president of fed- and access to public lands will re- promote energy project planning, eral resources and political affairs main top priorities even if specula- leasing, and permitting. at the Independent Petroleum Asso- HASTINGS tion proves correct that Rep. Doc ciation of America, did not suggest Hastings (R-Wash.), chairman of David Goldston, a senior adviser he knew what Hastings might be the committee, would rather depart to the NRDC Action Fund, an affil- planning for Endangered Species for the chairmanship of the House iate of the environmental advocacy Act reform, but he said Oct. 31, “I Rules Committee. group Natural Resources Defense think that if he could find a way to Council, told BNA he expects the thread the needle, he would do it.” The panel’s majority includes Republicans to keep to their estab- members from oil and natural gas lished path, but he also suggested The litigation concerns men- states in the West and South, coal there could be a price to pay. tioned by Strait are a central states in the West and East, and concern for Bill Imbergamo, Western federal forest and grazing If the Republicans push too executive director of the Federal lands. They’ve pushed the Interior hard, Goldston said, “I think you’d Forest Resource Coalition, whose to smooth out rules to make permit- gradually get more of a public members focus on opportunities for MARKEY ting easier for energy projects, backlash.” Such a push might also timber sales from federal lands. timber harvests, and grazing. have the potential for triggering in-party debates and possibly some The Obama administration tries What they have not been able splintering, he said. to be collaborative, to bring people to do is convince the Senate, together, and “it works up to a controlled by Democrats, to hold Jill Strait, a spokeswoman for point,” Imbergamo said. But then votes or even hearings on the Republicans on the committee, said a few dissatisfied parties appeal resource development bills they the party would continue to push administratively and then go to passed in the 112th Congress—and for responsible use and manage- court, stalling timber sales, he said. Democrats maintained their Senate ment of natural resources, includ- If Congress cannot find a way to majority in the Nov. 6 elections. ing public access to federal lands. limit litigation, timber companies will continue to find work difficult Hastings has not made any Hearings this year set the stage on federal lands, he suggested. public statement about whether for endangered species reform, but he might want to move to another it is a difficult issue. Recent history Like Fuller, Imbergamo sounded committee. Nor is anyone known to has suggested that the bigger the skeptical of large reforms. A Hast- be next in line for the chairmanship reform effort, the less likely it is to ings bill to establish a federal trust if Hastings were to leave. succeed, said Lee Fuller, vice presi- fund for directing federal timber dent of government affairs at the sale money to rural schools was All 27 Republicans on the com- Independent Petroleum Association passed by the committee in 2012 mittee won their re-election cam- of America, an industry group. but went nowhere in a subcom- paigns. Of the 20 Democrats on the mittee of the House Agriculture committee, Betty Sutton (D-Ohio) Fuller did not try to forecast what Committee. But something like that lost after redistricting pitted her would happen in the new Congress, is needed, Imbergamo said. against a neighboring incumbent especially because he anticipated Republican, and Rep. Dan Boren continued gridlock. But his impli- Imbergamo cautioned that politi- (D-Okla.) did not seek re-election. cation was that narrowly tailored cal parties do not always produce reforms would be more likely to the expected results. More fed- The pattern in the committee survive than big reforms. eral timber sales occurred during in the 112th Congress has been President Obama’s first term than sharp splits in which Republicans Strait said committee members George W. Bush’s first, he said. propose bills that would, under have been especially concerned limited circumstances, ease the about litigation burdens, but By Alan Kovski

46 | Preview of the 113th Congress www.bna.com | www.bgov.com House Oversight & Government Reform Issa in Line for Another Term as Oversight Chairman With Republicans Holding House

Rep. Darrell Issa (R-Calif.) is ex- On the Democratic side, Rep. defeats in primaries. Rep. Todd pected to remain as chairman of the Elijah Cummings (Md.), who Platts (R-Pa.), the chairman of the House Oversight and Government succeeded retiring Rep. Edolphus Oversight Committee’s subcommit- Reform Committee in the wake of Towns (N.Y.) as the top Democrat tee on Government Organization, the Republicans retaining control of on the panel after the 2010 elec- Efficiency, and Financial Manage- the House. tions gave control to the Republi- ment, is one of those retiring. Other cans, is also expected to retain his members set to depart regardless Issa has carved out a niche in post as ranking member. of the election’s outcome included the post as an energetic critic of Reps. Connie Mack (R-Fla.), Dan President Obama, leading the way The panel is expected to see Burton (R-Ind.), Dennis Kucinich ISSA on investigations by his panel into some new blood, though, as several (D-Ohio), and Towns. the Justice Department’s “Fast and members were already expected Furious” scandal and other matters. to depart the committee in the By Jonathan Nicholson The committee is the main investi- 113th Congress due to retirements, gative panel in the House. campaigns for other offices or

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www.bna.com9395 DTR ad for interior | www.bgov.comof BGOV post election pub.indd 1 Preview of the 113th Congress11/2/12 3:24 | PM 47 House Science, Space, and Technology Two Republicans Seeking Top Spot on House Science and Technology Panel

Two Republicans are seeking He said his priorities are for “We’re working on a proactive the chairmanship of the House NASA to have a “unifying mis- agenda right now for the minority,” Committee on Science, Space, and sion,” to promote STEM educa- the Democratic committee spokes- Technology during the next Con- tion, and to further research and woman said. She said the party’s gress, according to the staffers for development in order to pursue agenda would be shaped in part by the representatives. energy independence, develop new new Democratic members on the medical technologies, and continue committee. Rep. Jim Sensenbrenner (R-Wis.) space exploration. is next in line by seniority, but Rep. Johnson will likely reintroduce Lamar Smith (R-Texas) also is Sensenbrenner also is seeking the legislation to fund fire grants, or SENSENBRENNER seeking to be committee chair.man science committee chair position, programs to provide firefighters, The current chairman, Rep. Ralph according to a spokeswoman for first responders, and communities Hall (R-Texas), is term-limited the representative. Sensenbrenner with equipment, training, and per- from continuing in that position. served as chair of the committee sonnel, the Democratic committee from 1997 to 2001, so he would spokeswoman said. The committee The committee oversees the only be able to serve for two years may also consider legislation ad- National Aeronautics and Space as chairman, according to House dressing harmful algal blooms and Administration and government re- rules. This could prompt House forensic science research, she said. search and development programs. leadership to push for Smith, who The committee will consider sever- does not have similar term limits, Committee staffers would not al large pieces of legislation during a Democratic committee spokes- speculate on who would serve as the 113th Congress, including the woman said. subcommittee chairs, which will America COMPETES reauthoriza- likely be selected in late January. SMITH tion bill, which authorizes funding A spokeswoman for Sensen- The subcommittees are: Energy and for federal physical sciences and brenner said his priorities as chair Environment; Investigations and engineering research programs as would be to fund research and Oversight; Research and Science well as science, technology, engi- development programs, refocus Education; Space and Aeronautics; neering, and mathematics (STEM) NASA, foster the development and Technology and Innovation. education programs. of the private space industry, and further STEM education. The full committee makeup Funding is set to expire in 2013 currently is 23 Republicans and 17 for several government agencies The committee chair will likely Democrats, but that could change that the committee oversees, in- be selected in late November, a depending on House leadership, cluding the Department of Energy’s Republican committee spokesman the Democratic committee spokes- Office of Science, DOE’s Ad- said. woman said. vanced Research Projects Agency- JOHNSON Energy, the National Science Rep. Some members who will not be Foundation, the National Institute (D-Texas) will likely remain the returning to the committee include of Standards and Technology, and ranking member of the committee, Reps. Roscoe Bartlett (R-Md.), NASA. according to a Democratic commit- Judy Biggert (R-Ill.), and Chip tee spokeswoman. Cravaack (R-Minn.), who lost in Smith, who currently is chair of the general elections; Rep. Todd the House Judiciary Committee, Rep. Jerry Costello (D-Ill.) and Akin (R-Mo.), who lost his Senate said in a statement in October that Rep. Lynn Woolsey (D-Calif.) bid; Reps. Sandy Adams (R-Fla.), he hopes “to be just as active” as would be next in line for the rank- Ben Quayle (R-Ariz.), and Hansen chairman of the science committee. ing member position, but they Clarke (D-Mich.), who lost in their He said the science committee was did not seek re-election. Rep. Zoe primaries; and Rep. Brad Miller his first choice when he entered Lofgren (D-Calif.) would be next (D-N.C.), who did not run for re- Congress and he has had a “long- in line, but the Democratic commit- election. standing interest” in subjects the tee spokeswoman said she did not committee oversees. expect a challenge to Johnson. By Avery Fellow

48 | Preview of the 113th Congress www.bna.com | www.bgov.com House Transportation and Infrastructure Shuster Likely to Become Chairman, Work on Highway Bill Expected

Leadership on the House Trans- The Passenger Rail Investment eral NextGen deadlines and imple- portation and Infrastructure Com- and Improvement Act of 2008 mentation costs have ballooned mittee will be very different in the (Pub. Law No. 110-432), which compared to original estimates. 113th Congress with the expecta- reauthorized for five years, tion that Rep. (R-Pa.) expires at the end of fiscal 2013. Finally, the committee may will assume the chairmanship and As part of a rail bill, it is likely the begin work on the Water Resources half of the six subcommittees will committee will try to extend the Development Act, although lob- have new leadership. deadline for railroads to implement byists contend that legislation may positive train control (PTC) equip- be difficult to pass in the absence Current Chairman (R- ment. PTC systems rely on commu- of earmarks. The Water Resources SHUSTER Fla.) has reached his six-year term nication between a dispatch center, Development Act of 2007 (Pub. limit as either chairman or ranking the train, and track transponders Law No. 110-114) authorized more member as established in House or satellites to prevent accidents than 940 Army Corps of Engineers Republican Conference rules. Mica including train-to-train collisions projects in the areas of navigation, has previously said he will seek and derailments that result from flood control, and the environment. a waiver to remain chairman, but speeding trains. stakeholders expect his request to It is likely that at least half of the be denied and Shuster to assume Congress established a 2015 committee’s six subcommittees will leadership of the committee. deadline for PTC implementation have new chairmen in the 113th. in the Rail Improvement Act, but If Shuster becomes chairman of Rep. Nick Rahall (D-W.Va.) is in August the Federal Railroad the full committee, his leadership expected to remain ranking mem- Administration said most railroads position on the Railroads, Pipelines, ber of the committee. would likely miss that deadline due and Hazardous Materials Subcom- RAHALL to technical and cost issues. mittee will become available. About one-fifth of the com- mittee’s current 58 members will Industry lobbyists say the com- In addition, two chairmen have not be returning next year due mittee will also probably begin reached their six-year term limits— to a combination of retirements work on the next federal surface Reps. (R-Wis.), head and losses in primary and general transportation reauthorization, in- of the Aviation panel, and John elections. Three members did not cluding trying to develop a sustain- Duncan (R-Tenn.), at the helm of win re-election, three members are able funding source for highway the Highways and Transit panel. retiring, and four members lost in and transit programs. The current primary elections earlier this year. reauthorization (Pub. Law No. 112- Petri served as chairman of the 141) was signed into law July 6 and Highways and Transit Subcommit- Reps. Leonard L. Boswell (D- has only been in effect since Oct. tee from 1995 until 2006. Iowa), Chip Cravaack (R-Minn.), 1 but expires at the end of fiscal and Laura Richardson (D-Calif.) Reps. Frank LoBiondo (R-N.J.) 2014. Some stakeholders expressed and Sam Graves (R-Mo.) have been all lost their seats in the general optimism that the federal gas tax, election. Committee member Jeff mentioned as possible replacements which has not been increased since for chairman on the Aviation panel. Landry (R-La.) will face off against 1993, could be raised or indexed fellow Rep. Charles Boustany LoBiondo is current chairman of to inflation as part of a “grand bar- the Coast Guard and Maritime (R-La.) in a runoff in December, as gain” on tax reform. neither got 50 percent of the vote Transportation Subcommittee. The Nov. 6. The two were forced into The committee could also hold ranking member position on Avia- the same district after Louisiana hearings on the FAA reauthoriza- tion will also be open because Rep. lost a congressional seat following tion, which expires at the end of Jerry Costello (D-Ill.) is retiring at the 2010 Census. fiscal year 2015. In addition, com- the end of this term. mittee lawmakers will continue to If appointed chairman, Shuster is Rep. Richard Hanna (R-N.Y.), oversee the FAA transition from vice chair of the Highways and expected to have an active legisla- ground-based air traffic control to tive agenda that includes reauthori- Transit Subcommittee, has been the Next Generation Air Transpor- mentioned as a possible replace- zation of the federal passenger rail tation System (NextGen), which program and the start of work on ment for Duncan on the highways uses global positioning system subcommittee. the next surface transportation and (GPS) technology for air traffic Federal Aviation Administration management. FAA has missed sev- reauthorization bills. By Heather Caygle www.bna.com | www.bgov.com Preview of the 113th Congress | 49 House Ways and Means House Membership to Remain Similar to Current; Few Open Spots Available

The House Ways and Means not yet been set and is not expected seats, and leadership aides said Committee expects to begin over- to occur in the next couple of they would start with lawmakers hauling the Internal Revenue Code weeks. who were removed from the com- in 2013 with its committee makeup mittee after the Republicans took looking very similar to that of the For the 112th Congress, in which control of the House after the 2010 112th Congress. Republicans held more than 55 elections—House Budget Com- percent of the seats in the House, mittee ranking member Chris Van Rep. Dave Camp (R-Mich.) they held 59.4 percent, or 22, of the Hollen (D-Md.) and Reps. Allyson will return as the chairman of the 37 seats on the Ways and Means Schwartz (D-Pa.), Linda Sanchez committee and Rep. Sander Levin Committee. Regardless of what (Calif.), (N.Y.), CAMP (D-Mich.) will return as the panel’s happens to Boustany, there are and John Yarmuth (Ky.), with Van ranking member. Both lawmakers three open seats on the Republican Hollen and Schwartz the likely ascended to those positions at the side of the dais, with Rep. Wally winners. start of 2011. Herger (R-Calif) retiring at the end of the 112th Congress, Rep. Rick The chairmanships of the sub- Only a handful of members did Berg (R-N.D.) giving up his seat to committees will be close to those not run for re-election and Rep. run for the Senate, and Rep. Geoff from the 112th Congress, although Pete Stark (D-Calif.) is the only Davis (R-Ky.) resigning earlier this a new chairman will be needed member to have been defeated at year. to replace Herger on the Health the polls Nov. 6. Subcommittee. On the Democratic side, there are However, because Election Day two vacancies created by Stark’s Davis, who resigned in July, was in Louisiana was a single- loss and by the retirement of Rep. chairman of the Human Resources LEVIN all-candidate primary, the fate of Shelley Berkley (D-Nev.), who ran Subcommittee, and that spot will Rep. Charles Boustany (R) will unsuccessfully for the Senate. need to be filled permanently. not be known until a Dec. 8 runoff after he failed to garner 50 percent There are different scenarios for Democrats said they expect of the vote in a newly redrawn the Republican committee mem- changes to their subcommittee district against another incumbent. bership depending on what the final ranking memberships in the face With a win, Boustany, currently the ratio is. Their main two options are of Stark’s loss, especially since chairman of the Ways and Means to fill all of their open seats if the his Health Care Subcommittee Oversight Subcommittee, would ratio stays the same or shrink their is a desired spot, with Rep. Jim become the eighth ranking Repub- membership a bit and fill only one McDermott (D-Wash.) the likely lican on the tax-writing panel. or two of the seats. Republicans contender, but that would mean rumored to be angling for seats on him giving up the top minority spot The exact number of members the tax-writing committee include on the Trade Subcommittee and will not be decided for at least two Reps. Tim Griffin (R-Ark.), Kristi causing a ripple effect throughout weeks, though, as additional races Noem (R-S.D.), (R- the members. still need to be resolved and the Wis.), Todd Rokita (R-Ind.), and bipartisan House leadership must (R-S.C.), Aides said it was too early to tell get together and discuss the ratios. how the dominoes would fall. A Republican leadership aide said Either way, the Democrats seem a meeting between the leaders has poised to fill both of their open By Heather M. Rothman

50 | Preview of the 113th Congress www.bna.com | www.bgov.com WHERE MEET GOVERNMENTBUSINESS ACTIONS

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