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This Week in Congress, Jan. 30 – Feb. 3

 

Senate Finance

MNUCHIN NOMINATION

6 p.m. Jan. 30, 215 Dirksen Bldg. New

Full Committee Markup

 

Senate Energy & Natural Resources

ZINKE AND PERRY NOMINATIONS/COMMITTEE ORGANIZATION 

Jan. 31, 9:30 a.m., 366 Dirksen Bldg.

Full Committee Markup

 

Senate Judiciary

SESSIONS NOMINATION/ELDER ABUSE PREVENTION 

Jan. 31, 9:30 a.m., 226 Dirksen Bldg.

Full Committee Markup

 

Senate Budget

CBO BUDGET AND ECONOMIC OUTLOOK 

Feb. 1, 10:30 a.m., 608 Dirksen Bldg.

Full Committee Hearing

 

Senate Commerce, Science & Transportation

REDUCING UNNECESSARY REGULATORY BURDENS 

Feb. 1, 10 a.m., 253 Russell Bldg.

Full Committee Hearing

 

Senate Health, Education, Labor & Pensions

INDIVIDUAL HEALTH INSURANCE MARKET

Feb. 1, 10 a.m., 430 Dirksen Bldg. Updated

Full Committee Hearing

 

Senate Homeland Security & Governmental Affairs

SOUTHWEST BORDER FENCING 

Feb. 1, 10 a.m., 342 Dirksen Bldg.

Full Committee Hearing

 

House Education & the Workforce

ACA REPEAL/HEALTHCARE SOLUTION 

Feb. 1, 10 a.m., 2175 Rayburn Bldg. Updated

Full Committee Hearing

 

House Education & the Workforce

SCHOOL CHOICE 

Feb. 2, 10 a.m., 2175 Rayburn Bldg.

Subcommittee Hearing

 

House Energy & Commerce

COLLAPSING HEALTH MARKETS 

Feb. 2, 10:30 a.m., 2123 Rayburn Bldg.

Subcommittee Hearing

More Executive Orders Issued

Earlier today, shortly after meeting with representatives from the small business community, President Trump signed an executive order (EO) aimed at rolling back regulations.

While the actual text of the order has not yet been posted on the White House website, multiple sources are reporting that the EO requires each federal agencies to eliminate two regulations for every new regulation they promulgate.

Senate Committees Set to Vote on Cabinet Nominees

A number of Senate committees are scheduled to vote on Cabinet nominees this week.

Monday evening, the Senate Finance Committee is slated to vote on the nomination of Steve Mnuchin to be the Secretary of the Treasury. The following day, the committee is also currently scheduled to vote on the nomination of Rep. Tom Price (R-GA) to become the Secretary of Health and Human Services.

Committees are expected to vote on the nominations for at least four other Cabinet secretaries on Tuesday. The Senate Energy and Natural Resources Committee has scheduled votes on Rep. Ryan Zinke (R-MT) to be the Secretary of the Interior and former Texas governor Rick Perry to be the Secretary of Energy for Tuesday. Also tomorrow, the Health, Education, Labor and Pensions Committee is slated to vote on Education Secretary nominee Betsy DeVos.  The Senate Judiciary Committee is scheduled to formally vote on the nomination of Sen. Jeff Sessions (R-AL) for the position of Attorney General.

The Environment and Public Works Committee is slated to vote on the nomination of Scott Pruitt, the Oklahoma Attorney General who has been tapped to head the Environmental Protection Agency, on Wednesday. The nomination of Rep. Mick Mulvaney (R-SC) to head the Office of Management and Budget will be headed to a vote before the Homeland Security and Governmental Affairs Committee on Wednesday as well.

Trump to Announce Supreme Court Pick Tuesday

This morning President Trump tweeted that he plans to announce his pick to fill the late Justice Antonin Scalia’s seat on the Supreme Court on Tuesday at 8 PM.  Trump previously narrowed the field to three potential nominees, Judge William Pryor of Alabama, Judge Neil Gorsuch of Colorado and Judge Thomas Hardiman of Pennsylvania.

The Senate must confirm the nomination, a vote that require 60 yay votes. This means Republicans will need eight Democrats to join them in supporting the nominee.

Congressional Review Act: An Overview

Since the November elections, there have been discussions about rolling back unpopular regulations issued by the Obama Administration in late 2016.  One of the tools being discussed as a possible vehicle to pull back a number of regulations is the Congressional Review Act (CRA), which was adopted in 1996 as part of the Republican “Contract With America.”

In short, the law stipulates that Congress has 60 legislative days (days in which Congress is in session) to review final regulations from agencies and, if desired, pass joint resolutions of disapproval.  If a joint resolution disapproving a regulation is adopted by both the House and Senate, the President has the option to either sign or veto it. If it is vetoed, Congress can seek to overturn the veto. A provision in the CRA also states that once a regulation is disapproved by Congress via the CRA, the federal government cannot promulgate essentially similar regulations in the future without Congress adopting a law supporting a new regulation on the same issue. Essentially, Congress has to approve every subsequent regulatory change to the issue in question going forward.  Since its adoption in 1996, the CRA has been successfully used to turn back a regulation only once—in 2001 to repeal a regulation related to workplace ergonomic requirements.

A number of Obama Administration regulations have been suggested as possible items to rollback using the CRA, including the set of regulations related to overtime pay for salaried employees, including those at colleges and universities.  Many also believe that many environmental regulations from the Obama Administration could also be subject to the CRA.

Congress is set to begin regulatory rollback through the CRA starting this Wednesday, with the House slated to take up a number of joint resolutions disapproving regulations related to, among other issues, the environment as well as the application of labor laws to federal contractors.