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More Cabinet Posts, FY 2018 Budget Update

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It will continue to be a busy week for the House and Senate. Today, the Senate will continue to work on confirmations as four Cabinet positions – Betsy DeVos for Secretary of Education, Senator Jeff Sessions for Attorney General, Rep. Tom Price for Secretary of HHS, and Steven Mnuchin for Secretary of Treasury  – are up for full Senate consideration this week. Rep. Mike Mulvany (R-SC), Trump’s nominee to lead the Office of Management and Budget (OMB), is still working his way through the Senate, which could cause some budget complications for FY 2018 (see below). 

Senators are expected to move on a House-passed Congressional Review Act resolution nullifying a regulation curbing methane emissions from oil and gas wells on federal lands. Once passed, it will mark the third energy-related rule nullified by the Republican Congress. 

Today, the House continues efforts to stop regulations finalized by former President Barack Obama now focusing on the Department of Education. So far, lawmakers have introduced Congressional Review Act resolutions targeting the Obama Administration’s regulations governing teacher preparation programs as well as its accountability rule under the Every Student Succeeds Act.

It is the first Monday in February, which is technically Presidential Budget day. On the first Monday in February, the Administration is statutorily required to submit their budget request for the upcoming fiscal year (in this case FY 2018) to Congress. All recent Presidents (including Obama…multiple times) have missed the statutory deadline for budget submissions in their first year in office. There is no penalty for missing the date and a full budget proposal may not emerge from the White House until April or May.

While a delay in the budget submission is expected for a new Administration, virtually guarantees a delay in the entire FY 2018 appropriations process. Regardless of who controls Congress, lawmakers typically fail to get regular spending bills passed before the start of the new fiscal year, which begins on October 1. This year enjoys the particular complication of not having closed out FY 2017 with the current CR running until April 28th. Congress will have to address FY 2017 and immediately (or concurrently) FY 2018. 

 

DeVos Approved by HELP

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The Senate HELP Committee just voted to advance the nominee for Education Secretary, Betsy DeVos. The committee vote was 12-11, which is along party lines.

Two Republicans, Senators Susan Collins (R-ME) and Lisa Murkowski (R-AK), said that they voted to advance DeVos’ nomination out of committee but still had concerns about her nomination and remained undecided on how they would vote on the Senate floor.

DeVos’ nomination has yet to be schedule for consideration by the full Senate.

 

Senate Appropriations Subcommittee Leadership for 115th

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This week the Senate Appropriations Committee finalized its subcommittee rosters and leadership. Senator Patty Murray will serve as Ranking Member of the Subcommittee on Labor, Health and Human Services, and Education in addition to serving on the Subcommittees for Defense; Energy and Water Development; Homeland Security; Military Construction and Veterans’ Affairs; and Transportation, Housing and Urban Development. A full roster is listed below.

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies

 John Hoeven (R-N.D.), chairman

Thad Cochran (R-Miss.)

Mitch McConnell (R-Ky.)

Susan Collins (R-Maine)

Roy Blunt (R-Mo.)

Jerry Moran (R-Kan.)

Marco Rubio (R-Fla.)

 

Jeff Merkley (D-Ore.), ranking member

Dianne Feinstein (D-Calif.)

John Tester (D-Mont.)

Tom Udall (D-N.M.)

Patrick Leahy (D-Vt.)

Tammy Baldwin (D-Wisc.)

 

 Commerce, Justice, Science, and Related Agencies

Richard Shelby (R-Ala.), chairman

Lamar Alexander (R-Tenn.)

Lisa Murkowski (R-Alaska)

Susan Collins (R-Maine)

Lindsey Graham (R-S.C.)

John Boozman (R-Ark.)

Shelley Moore Capito (R-W.Va.)

James Lankford (R-Okla.)

John Kennedy (R-La.)

 

Jeanne Shaheen (D-N.H.), ranking member

Patrick Leahy (D-Vt.)

Dianne Feinstein (D-Calif.)

Jack Reed (D-R.I.)

Chris Coons (D-Del.)

Brian Schatz (D-Hawaii)

Joe Manchin (D-W.Va.)

Chris Van Hollen (D-Md.)

 

 Department of Defense

Thad Cochran (R-Miss.), chairman

Mitch McConnell (R-Ky.)

Richard Shelby (R-Ala.)

Lamar Alexander (R-Tenn.)

Susan Collins (R-Maine)

Lisa Murkowski (R-Alaska)

Lindsey Graham (R-S.C.)

Roy Blunt (R-Mo.)

Steve Daines (R-Mont.)

Jerry Moran (R-Kan.)

 

Richard Durbin (D-Ill.), vice chairman

Patrick Leahy (D-Vt.)

Dianne Feinstein (D-Calif.)

Patty Murray (D-Wash.)

Jack Reed (D-R.I.)

Jon Tester (D-Mont.)

Tom Udall (D-N.M.)

Brian Schatz (D-Hawaii)

Tammy Baldwin (D-Wis.)

 

Energy and Water Development

 Lamar Alexander (R-Tenn.), chairman

Thad Cochran (R-Miss.)

Mitch McConnell (R-Ky.)

Richard Shelby (R-Ala.)

Susan Collins (R-Maine)

Lisa Murkowski (R-Alaska)

Lindsey Graham (R-S.C.)

John Hoeven (R-N.D.)

John Kennedy (R-La.)

 

Dianne Feinstein (D-Calif.), ranking member

Patty Murray (D-Wash.)

Jon Tester (D-Mont.)

Richard Durbin (D-Ill.)

Tom Udall (D-N.M.)

Jeanne Shaheen (D-N.H.)

Jeff Merkley (D-Ore.)

Chris Coons (D-Del.)

 

Financial Services and General Government

 Shelley Moore Capito (R-W.Va.), chairman

Jerry Moran (R-Kan.)

John Boozman (R-Ark.)

James Lankford (R-Okla.)

Steve Daines (R-Mont.)

 

Chris Coons (D-Del.), ranking member

Richard Durbin (D-Ill.)

Joe Manchin (D-W.Va.)

Chris Van Hollen (D-Md.)

 

Department of Homeland Security

 John Boozman (R-Ark.), chairman

Thad Cochran (R-Miss.)

Richard Shelby (R-Ala.)

Lisa Murkowski (R-Alaska)

John Hoeven (R-N.D.)

James Lankford (R-Okla.)

John Kennedy (R-La.)

 

Jon Tester (D-Mont.), ranking member

Jeanne Shaheen (D-N.H.)

Patrick Leahy (D-Vt.)

Patty Murray (D-Wash.)

Tammy Baldwin (D-Wisc.)

Joe Manchin (D-W.Va.)

 

Department of the Interior, Environment, and Related Agencies

Lisa Murkowski (R-Alaska), chairman

Thad Cochran (R-Miss.)

Lamar Alexander (R-Tenn.)

Roy Blunt (R-Mo.)

John Hoeven (R-N.D.)

Mitch McConnell (R-Ky.)

Steve Daines (R-Mont.)

Shelley Moore Capito (R-W.Va.)

 

Tom Udall (D-N.M.), ranking member

Dianne Feinstein (D-Calif.)

Patrick Leahy (D-Vt.)

Jack Reed (D-R.I.)

Jon Tester (D-Mont.)

Jeff Merkley (D-Ore.)

Chris Van Hollen (D-Md.)

 

Departments of Labor, Health and Human Services, and Education, and Related Agencies

Roy Blunt (R-Mo.), chairman

Thad Cochran (R-Miss.)

Richard Shelby (R-Ala.)

Lamar Alexander (R-Tenn.)

Lindsey Graham (R-S.C.)

Jerry Moran (R-Kan.)

Shelley Moore Capito (R-W.Va.)

James Lankford (R-Okla.)

John Kennedy (R-La.)

Marco Rubio (R-Fla.)

 

Patty Murray (D-Wash.), ranking member

Richard Durbin (D-Ill.)

Jack Reed (D-R.I.)

Jeanne Shaheen (D-N.H.)

Jeff Merkley (D-Ore.)

Brian Schatz (D-Hawaii)

Tammy Baldwin (D-Wisc.)

Chris Murphy (D-Conn.)

Joe Manchin (D-W.Va.)

 

Legislative Branch

James Lankford (R-Okla.), chairman

John Kennedy (R-La.)

Marco Rubio (R-Fla.)

 

Chris Murphy (D-Conn.), ranking member

Chris Van Hollen (D-Hawaii)

 

Military Construction and Veterans Affairs, and Related Agencies

Jerry Moran (R-Kan.), chairman

Mitch McConnell (R-Ky.)

Lisa Murkowski (R-Alaska)

John Hoeven (R-N.D.)

Susan Collins (R-Maine)

John Boozman (R-Ark.)

Shelley Moore Capito (R-W.Va.)

Marco Rubio (R-Fla.)

 

Brian Schatz (D-Hawaii), ranking member

Jon Tester (D-Mont.)

Patty Murray (D-Wash.)

Jack Reed (D-R.I.)

Tom Udall (D-N.M.)

Tammy Baldwin (D-Wisc.)

Chris Murphy (D-Conn.)

 

State, Foreign Operations, and Related Programs

Lindsey Graham (R-S.C.), chairman

Mitch McConnell (R-Ky.)

Roy Blunt (R-Mo.)

John Boozman (R-Ark.)

Jerry Moran (R-Kan.)

James Lankford (R-Okla.)

Steve Daines (R-Mont.)

Marco Rubio (R-Fla.)

 

Patrick Leahy (R-Vt.), ranking member

Richard Durbin (D-Ill.)

Jeanne Shaheen (D-N.H.)

Chris Coons (D-Del.)

Jeff Merkley (D-Ore.)

Chris Murphy (D-Conn.)

Chris Van Hollen (D-Md.)

 

Transportation, Housing and Urban Development, and Related Agencies

Susan Collins (R-Maine), chairman

Richard Shelby (R-Ala.)

Lamar Alexander (R-Tenn.)

Roy Blunt (R-Mo.)

John Boozman (R-Ark.)

Shelley Moore Capito (R-W.Va.)

Steve Daines (R-Mont.)

Lindsey Graham (R-S.C.)

John Hoeven (R-N.D.)

 

Jack Reed (D-R.I.), ranking member

Patty Murray (D-Wash.)

Richard Durbin (D-Ill.)

Dianne Feinstein (D-Calif.)

Chris Coons (D-Del.)

Brian Schatz (D-Hawaii)

Chris Murphy (D-Conn.)

Joe Manchin (D-W.Va.)

Vote-a-rama

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It’s budget week on the Senate side (as well as confirmation week). The Senate is expected to start their all nighter on Wednesday. The Senate Democrats have vowed to take up all the debate time allotted (and more).

The bare-bones budget resolution, S.Con.Res. 3, released last week includes instructions to relevant committees to draft legislation aimed at repealing the health care law through reconciliation, a process that sidesteps the threat of Democratic obstruction or filibuster in the Senate. Getting the budget measure passed requires allowing Democratic Senators an almost endless opportunity to offer amendments aimed at expressing their opposition to repeal.

What the Senate will tackle this week is unique, since most measures can be filibustered. The 1974 Congressional Budget Act inoculates the consideration of any budget resolution from a filibuster and limits debate to 50 hours total. Once the time is up, everything must be voted upon.

What makes a budget resolution different is the clock. Once cloture is invoked on a customary bill, all motions, amendments, and passage must conclude by the end of debate time, which is 30 hours. Already, a budget bill receives 20 additional hours of debate.  Furthering the curiousness of the Senate budget process, however, is that any amendment that is offered must be disposed of before adoption of the resolution.

That means, regardless of the fact that the allotted debate time may expire Wednesday, any Senator may call up additional amendments and get a roll call vote even after debate time has expired. This is when things get fun. Senators may (and do) continue to seek votes on amendments after time has expired making the session can drag on and on. (No joke, there are cots for Senators to sleep on for the all nigher.) While Senators do not receive any additional debate time, past precedent has allowed a minute or two for Senators to explain their amendments before the vote. This barrage of a series of votes is what is known as “vote-a-rama”. 

Once a vote-a-rama stretches late into the next day, the minority party will often relent and allow a final vote once they have had enough opportunities to get Senators on record usually defeating amendments containing popular priorities, used primarily for messaging purposes.

The House is expected to fast track the legislation after the measure passes the Senate.

The measure also comes as a growing number of Republicans say that any repeal legislation should await a replacement plan, which might be difficult given the Budget resolution asks the various committees to produce a plan by January 27th. 

Meanwhile, the Senate has a busy week with a number of confirmation hearings both this week and in the coming weeks.

Nomination Schedule

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Politico has an excellent overview of the coming nominees for the incoming Administration’s cabinet positions.

Week of Jan. 9

Secretary of Housing and Urban Development 
Nominee: Ben Carson
Background: Retired neurosurgeon, former GOP primary rival
Committee: Senate Banking, Housing and Urban Affairs
Confirmation Hearings: Sen. Mike Crapo is planning to hold a hearing next week
Recent Politico Coverage:

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Tuesday, Jan. 10

Attorney General
Nominee: Sen. Jeff Sessions
Background: Alabama Republican Congressman
Committee: Senate Judiciary
Confirmation Hearings: Jan. 10 and 11. More here.
Recent Politico Coverage:

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Wednesday, Jan. 11

Secretary of Education
Nominee: Betsy DeVos
Background: Billionaire, philanthropist, Republican megadonor
Committee: Senate HELP
Confirmation hearings: Jan. 11 at 10 a.m.  More here.
Recent Politico Coverage:

 

Secretary of Transportation 
Nominee: Elaine Chao
Background: Former Labor Secretary under the George W. Bush administration, deputy secretary of transportation under President George H.W. Bush, member of Trump’s Asian Pacific American Advisory Council for the campaign, married to Senate Majority Leader Mitch McConnell (R-Ky.)
Committee: Senate Commerce, Science and Transportation
Confirmation Hearings: Jan. 11 10:15 a.m. More here.
Recent Politico Coverage:

 

Secretary of Homeland Security
Nominee: John Kelly
Background: Retired Marine general, former U.S. Southern Command chief
Committee: Senate Homeland Security and Governmental Affairs
Confirmation hearings: Jan. 11 at 2 p.m. More here.
Recent Politico Coverage:

 

Secretary of State
Nominee: Rex Tillerson
Background: CEO of Exxon Mobil
Committee: Senate Foreign Relations
Confirmation Hearings: Jan. 11
Recent Politico Coverage:

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Thursday, Jan. 12

Secretary of Commerce 
Nominee: Wilbur Ross
Background: Billionaire private-equity investor, founder of the private equity firm WL Ross & Co.
Committee: Senate Commerce, Science and Transportation
Confirmation Hearings: Jan. 12 at 10:00 a.m. More here.
Recent Politico Coverage:

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Week of Jan. 16 and beyond

Secretary of Labor
Nominee: Andy Puzder
Background: CEO of CKE Restaurants, which include the Carl’s Jr. fast food chain
Committee: Senate HELP
Confirmation Hearings: The week of Jan. 16
Recent Politico Coverage:

Secretary of Health and Human Services
Nominee: Rep. Tom Price
Background: Georgia Republican Congressman, House Budget Chairman
Committee: Senate Finance
Confirmation Hearings: TBD, the HELP Committee is tentatively set to hold a confirmation hearing on Jan. 18.
Recent Politico Coverage:

Secretary of Treasury 
Nominee: Steven Mnuchin
Background: Former Goldman Sachs executive, Trump’s national finance chair for the campaign
Committee: Senate Finance
Confirmation Hearings: TBD
Recent Politico Coverage:

Secretary of Defense
Nominee: James Mattis
Background: Retired U.S. Marine Corps general
Committee: Senate Armed Services
Confirmation Hearings: TBD
Recent Politico Coverage:

Secretary of Interior
Nominee: Rep. Ryan Zinke
Background: Montana Republican Congressman, former U.S. Navy SEAL commander
Committee: Senate Energy and Natural Resources
Confirmation hearings: TBD

Secretary of Energy
Nominee: Rick Perry
Background: Former governor of Texas
Committee: Senate Energy and Natural Resources
Confirmation hearing: TBD
Environmental Protection Agency Administrator
Nominee: Scott Pruitt
Background: Oklahoma Attorney General
Committee: Senate Environment and Public Works
Confirmation Hearings: TBD

 

Ambassador to the United Nations
Nominee: Nikki Haley
Background: Governor of South Carolina
Committee: Senate Foreign Relations
Confirmation hearings: TBD

 

Director of the Office of Management and Budget
Nominee: Rep. Mick Mulvaney
Background: South Carolina Republican Congressman
Committee: Senate Budget and Senate Homeland Security and Governmental Affairs
Confirmation hearings: TBD

 

U.S. Trade Representative
Nominee: Robert Lighthizer
Background: Trade attorney, former deputy USTR under President Ronald Reagan
Committee: Senate Finance
Confirmation hearing: TBD