This week: Congress on track to miss Puerto Rico deadline

Congress appears likely to leave town at the end of this week for a recess without taking action to help Puerto Rico with its debt crisis. 

The island territory faces a looming default on May 1. At the rate negotiations are going in the House, Puerto Rico will almost surely have to deal with the missed debt payment without help from Congress.

Despite the imminent default deadline, legislation in the House to create an outside control board to oversee Puerto Rico’s finances remains stalled. The House Natural Resources Committee abruptly called off a markup two weeks ago due to a shaky vote count, and hasn’t rescheduled a new meeting since.

Lawmakers have repeatedly missed self-imposed dates for moving legislation to aid Puerto Rico. The House originally set a deadline for the end of March to move legislation, but that didn’t shake out a solution. And now the May 1 deadline is likely to come and go without any bill on President Obama’s desk, let alone a starter vote in the House. 

The Senate outlook is not rosy at the moment, either. Top Senate Republicans and Democrats voiced strong skepticism of the House bill earlier this month. 

Senate Minority Leader Harry ReidHarry Mason ReidSenate roadblocks threaten to box in Biden How a tied Senate could lead a divided America Harry Reid rips Lindsey Graham over Trump: 'He went to the dark side' after McCain died MORE (Nev.) said in a joint statement with Democratic Sens. Maria CantwellMaria Elaine CantwellOVERNIGHT DEFENSE: Esper reportedly working with lawmakers to strip Confederate names from bases | Enemy attacks in Afghanistan jump by 50 percent, watchdog says | Fort Hood soldier arrested, charged in Chelsea Cheatham killing Zuckerberg to express openness to Section 230 reform Democrats seem unlikely to move against Feinstein MORE (Wash.), Charles SchumerChuck SchumerBiden could lose Georgia Senate races all by himself Puerto Rico's statehood piques Congress's interest post-election Feds charge Staten Island man over threat to Schumer, FBI MORE (N.Y.), Dick DurbinDick DurbinThe Hill's 12:30 Report: What to know about the Pfizer vaccine announcement Senate Democrats reelect Schumer as leader by acclamation  Senate roadblocks threaten to box in Biden MORE (Ill.), Bob MenendezRobert (Bob) MenendezTrump appointee sparks bipartisan furor for politicizing media agency Senate Democrats hold talkathon to protest Barrett's Supreme Court nomination Watchdog confirms State Dept. canceled award for journalist who criticized Trump MORE (N.J.), Patrick LeahyPatrick Joseph LeahySenate releases spending bills, setting up negotiations for December deal ObamaCare and the saddest kind of dissent University of Maryland to go online-only after Thanksgiving due to coronavirus surge MORE (Vt.), Ron WydenRonald (Ron) Lee WydenDeadlock leaves no clear path for lame-duck coronavirus deal  Director of DHS cyber agency expecting ouster Overnight Defense: Trump fires Defense chief Mark Esper | Worries grow about rudderless post-election Pentagon | Esper firing hints at broader post-election shake-up | Pelosi says Esper firing shows Trump intent on sowing 'chaos' MORE (Ore.), Elizabeth WarrenElizabeth WarrenBiden could lose Georgia Senate races all by himself Elizabeth Warren slams Justice Alito over 'nakedly partisan' speech Biden's win is not a policy mandate — he should govern accordingly MORE (Mass.), Richard Blumenthal (Conn.), Kirsten GillibrandKirsten GillibrandSocial media responds to Harris making history: 'I feel like our ancestors are rejoicing' Ocasio-Cortez says she doesn't plan on 'staying in the House forever' Internal Democratic poll: Desiree Tims gains on Mike Turner in Ohio House race MORE (N.Y.), and Bill NelsonClarence (Bill) William NelsonThe Hill's Morning Report - Fearing defeat, Trump claims 'illegal' ballots The Hill's Morning Report - Biden inches closer to victory Senate Democrats want to avoid Kavanaugh 2.0 MORE (Fla.) that the House bill "falls short." 

The Democrats hinted that the House bill wouldn't be able to pass the Senate, where Republicans will need six Democrats to overcome any procedural hurdles. 

"We have concerns about whether the debt restructuring process provided for in the bill is workable, and we believe that — despite improvements — the oversight board has excessive powers and an unacceptable appointment structure," they said. 

Meanwhile, Sen. Orrin HatchOrrin Grant HatchMellman: What happened after Ginsburg? Bottom line Bottom line MORE (R-Utah) told reporters this week that the House bill isn't "satisfactory." 

"We're not going to be able to pass it over here," the chairman of the Senate Finance Committee said, according to Reuters. 

While senators from both parties have introduced legislation to try to tackle the growing debt crisis, lawmakers remain divided over giving Puerto Rico access to bankruptcy courts.

Hatch has repeatedly shut down speculation that the Senate's final bill will allow the territory to declare bankruptcy, even though it is considered key to getting Democratic support for any proposal. 

Both the House and Senate plan to adjourn by Friday for a weeklong recess and won’t be back in session until the week of May 9.

By that point, it’s possible that seeing Puerto Rico default could help spur momentum for the legislation.

Energy appropriations

Senate leadership is hoping to wrap up work on its first appropriations bill of the year before lawmakers leave for the week-long break. 

Sen. Lamar AlexanderAndrew (Lamar) Lamar AlexanderMitch McConnell might not endanger the planet Republican Bill Hagerty wins Tennessee Senate race The spectre of pension failures haunts this election MORE (R-Tenn.) said late last week that he hopes senators will be able to get a deal to skip over procedural hurdles and finish the energy and water appropriations bill early this week. 

So far the energy bill has been able to avoid partisan landmines. Democrats blocked a controversial rider from Sen. John HoevenJohn Henry HoevenDavis: The Hall of Shame for GOP senators who remain silent on Donald Trump Bottom line Bipartisan senators seek funding for pork producers forced to euthanize livestock MORE (R-N.D.) that would have prevented funding the Obama administration's Clean Water Rule. 

Senators are scheduled to vote on more amendments on Monday and Tuesday, including increasing spending for wind energy and water projects in Nevada. 

Despite the bipartisan support for the bill in the Senate it's garnered a veto threat from the White House. 

"The bill underfunds critical energy research and development activities and fails to put us on an achievable path toward doubling clean energy research and development by FY 2021," the Office of Management and Budget said in a statement this week. 

The Senate's fiscal 2017 bill increases funding by $355 million over 2016 levels. That includes a $1.163 billion increase for the Department of Energy's defense-related programs but an $808 million decrease for the nondefense portions of the bill. 

If it passes the Senate this week it will still need to be combined with spending legislation from the House, which isn't able to bring up appropriations bills until May 15 unless it's able to manage to pass a budget first. 

Fiduciary rule, email privacy

The House is expected to consider a resolution this week to prevent the Labor Department from implementing the so-called fiduciary rule that requires retirement advisers to act in their clients’ best interests.

Republicans argue that the regulation would make retirement investment advice more expensive, while Democrats say it’s essential to protect consumers and prevent conflicts of interest.

The Obama administration finalized the regulation earlier this month despite intense contestations from the financial industry. However, Republicans are unlikely to secure enough support from Democrats to override an expected veto from President Obama.

The House previously passed legislation last fall and in 2013 to delay the rule, but the Obama administration repeatedly dismissed it. 

Also on tap in the House is a measure to require the government to obtain a warrant before forcing technology companies to release consumers’ electronic communications. It eliminates what critics described as a loophole in the 1986 Electronic Communications Privacy Act that allows the government to use a subpoena instead of a warrant to get the emails if they are more than 180 days old.

The legislation, known as the Email Privacy Act, has more than 300 cosponsors and is expected to pass easily.

- Mario Trujillo contributed.