Point of Order Bonus Edition: September 28, 2022
By Jason Pye - Director, Rule of Law Initiatives
Senate proceeds to the CR: The Senate came in yesterday to resume consideration of the legislative vehicle for the continuing resolution (CR), H.R. 6833. Republicans threatened to vote against the cloture motion because of the inclusion of permitting reform, which was in the base text of the CR. The language was included in exchange for Manchin’s support for the Inflation Reduction Act. Senate Minority Leader Mitch McConnell (R-KY) summed up Republicans’ perspective on the language in his remarks on Tuesday. “Democrats’ phony fig leaf was not even close to real permitting reform. The bill was carefully written to avoid making any of the meaningful changes that liberal special interests oppose. A number of provisions would have made existing problems even worse. The weak language was meant to create the illusion of doing something while draining political will for the actual reform our country needs. But the Senate saw through the political game,” McConnell said. “Halfhearted Democratic support for this phony fig leaf was a stunningly low price for a Senator to approve yet another massive reckless taxing and spending spree in the middle of an economic crisis for American families.” About an hour before the vote, Manchin announced that the language would be removed. The cloture motion on the motion to proceed was approved by a vote of 72 to 23. Permitting reform will now get kicked to the lame duck.
What’s in the CR: The funding for the federal government will run through Friday, December 16. There are other aspects to the division for the CR, including short-term extensions of the National Flood Insurance Program, Temporary Assistance for Needy Families, and Mandatory Livestock Price Reporting. Division B is additional funding for Ukraine. The total for Ukraine is roughly $12.4 billion. This includes $4.5 billion designated for military aid and $4.5 billion in direct assistance to Ukraine, $2.8 billion for Department of Defense operations in Ukraine and the surrounding region, and $35 million to the National Nuclear Security Administration for nuclear nonproliferation in Ukraine and the surrounding region. Other matters tucked away in the CR include the short-term extensions of the Federal Communication Commission’s authority to auction radio spectrum, the special assessment of the Domestic Violence Victims’ Fund, the U.S. Parole Commission, certain healthcare authorities, veterans programs, and Food and Drug Administration user fees.
What comes next once: The Senate is in the 30 hours of post-cloture time on the CR. The next vote is, theoretically, the motion to proceed. That could be avoided with consent agreements, but any request for consent can be blocked by just one senator. More likely than not, the Senate will complete the CR tomorrow unless there are consent agreements. Once the Senate processes H.R. 6833, the House should take up the bill and move it through. No one can say with any certainty, but a government shutdown seems unlikely as long as Schumer and Manchin decide to push permitting reform into the lame duck.
Electoral Count Act reform advances: The Senate Rules and Administration Committee marked up the Electoral Count Reform and Presidential Transition Improvement Act, S. 4573, by a vote of 14 to 1. The only dissenting vote came from Sen. Ted Cruz (R-TX). Importantly, McConnell, who is a member of the committee, voted in favor of the legislation during mark-up and gave a speech in support of the bill on the Senate floor. Obviously, we can’t say for sure, but the Electoral Count Reform and Presidential Transition Improvement Act could see floor time when the Senate comes back in the lame duck.
The House is back today: The House convenes at 2:00 pm for legislative business. First and last votes today are expected around 6:30 pm. There are 32 suspensions that could be considered today. The full list of those, along with the rule bills, can be found in Monday’s regular Point of Order. It’s possible that the House goes home early and kicks at least some of the suspensions and the rule bills into the lame duck if the Senate sends over the CR quickly.
January 6 hearing postponed: The Select Committee to Investigate the January 6th Attack on the United States Capitol was set to hold its first hearing in almost two months today, but Hurricane Ian, which is currently bearing down on Florida, forced the committee to postpone. There were supposed to be new revelations today, but those will have to wait.
The cost of the student loan executive action: President Biden’s move to cancel $10,000 to $20,000 of student loan debt could cost $400 billion, according to a new estimate from the Congressional Budget Office (CBO). The CBO used certain assumptions to come to this estimate, but the agency concedes that the estimate is “highly uncertain.”