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Category: Legislation

Senate Passes Budget with ACA Repeal Instructions

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Early Thursday morning, Senators voted 51-48 to adopt the FY2017 budget resolution, with Senator Rand Paul (R-KY) casting the only Republican vote against it. With just 51 votes, the Senate moves forward with plans to repeal the ACA while avoiding a filibuster from Senate Democrats. Ultimately, the Senate considered 19 amendments before the final vote — and stymied each one, mostly through procedural votes.

The key amendment of the vote-a-rama was an amendment offered by Senator Bob Corker (R-TN), who was joined by other moderate GOP Senators, would delay an initial deadline to write legislation to repeal the 2010 health care law,. The amendment was ultimately withdrawn without a vote.

The Corker Amendment would have pushed back the Jan. 27 deadline for four House and Senate committees to write legislation to repeal the health care law, the sole purpose of the budget resolution under consideration. A vote on the amendment would have been a key indicator of where Senators stood on a growing debate among Republicans about how quickly Congress should repeal the law, especially without a clear replacement ready to go.

The FY 2017 budget resolution includes reconciliation instructions with the purpose of repealing the health care law, which would occur through separate legislation.

 

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.

COMPETES Reauthorization Heads to President for Signature

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Just moments ago, the House of Representatives passed the American Innovation and Competitiveness Act (S.3084). It was passed under suspension of the rules, during a pro forma session.  The measure passed the Senate on June 22, 2016 by unanimous consent.

For Fiscal Year (FY) 2017, the bill authorizes $7.5 billion for NSF, which is the same level of funding included in the Senate’s FY2017 Commerce-Justice-Science Appropriations bill. For FY2018, the bill authorizes a four percent increase in funding for NSF. It’s worth pointing out that this is still tentative and could change. Lastly, it worth pointing out that there is also no directorate-by-directorate level funding for NSF in the bill, and we don’t anticipate there will be any offered at the markup. That is a big difference with the House’s FIRST Act and a big win for the NSF research community, particularly the Social and Behavioral scientists.

Here is a broader summary.

CR Passes, Happy Holidays!

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In a late Friday night vote, the Senate passed the Continuing Resolution (CR) to fund the government through April 28, 2017 by a vote of 62-34. The House passed the measure earlier in the week, and with the Senate’s passage, a government shutdown has been averted.

There was much uncertainty thrown into the CR at the last minute with Senator Joe Manchin (D-WV) trying to halt the measure due to the lack of a full year’s extension of retired coal miners’ health benefits. Manchin was threatening to filibuster or convince 40 Senate Democrats to vote against cloture on the measure. That effort failed and the Senate passed cloture on Thursday. That vote added a new wrinkle in that cloture guarantees 30 hours of debate on legislation, and if the Senate Democrats were to exhaust the full 30 hours, then the Senate vote would not occur until 1 am on Saturday, December 10th, a full hour after the CR had expired.

Rather than risk that scenario, the Senate  ended debate earlier, proceeded with, and passed the measure at 11 pm on Friday. It should be noted that the House recessed Thursday, and most House Members were back in the district, with little intention of returning, on Friday.

President Barack Obama is expected to sign the CR. 

The stopgap measure, which took immediate effect, extends current funding levels for most federal agencies and abides by an annual cap on discretionary spending of $1.07 trillion for FY2017. It also provides extra money for military operations, flood relief, medical research and the effort to repair the lead-contaminated water system of Flint, MI.

With that, the House and Senate are expected to recess Sine Die in the coming week. They will convene in the 115th Congress.