Senate Confirmation Hearings and Votes

The Senate held confirmation hearings this week for Rep. Ryan Zinke (R-MT) for Secretary of Interior, Wilbur Ross for Secretary of Commerce, Scott Pruitt for Administrator of the EPA, Rep. Tom Price (R-SC) for Secretary of Health and Human Services, former Governor Rick Perry (R-TX) for Secretary of Energy, Steve Mnuchin for Secretary of Treasury, Gov. Nikki Haley (R-SC) to be U.S. Representative to the United Nations, and Betsy DeVos for Secretary of Education.

Senate Majority Whip John Cornyn (R-TX) said that he hoped that seven Cabinet nominees would be confirmed by the Senate on Friday, comparable to the number confirmed the first day of the Obama administration. The Senate Armed Services Committee voted 26 to 1 to recommend the Senate confirm retired Marine Corps General James Mattis to be the next Secretary of Defense. Sen. Kirsten Gillibrand (D-NY) was the only Senator to vote against the nomination of Mattis stating that civilian control of the military is fundamental. The full Senate is expected to confirm Mattis tomorrow. Mattis still needs to be officially nominated by President-Elect Trump after he is sworn in and signs the legislation providing the waiver for Mattis to serve as Defense Secretary. Retired Marine Corps General John Kelly is also expected to be confirmed by the full Senate for Secretary of Homeland Security as is Transportation Secretary-designee Elaine Chao.

The following hearings and nomination votes are scheduled for next week:

January 24, 2017

Vote on the Nomination of Dr. Ben Carson to be Secretary of HUD

Banking, Housing and Urban Affairs Committee

10:00 AM

538 Dirksen Senate Office Building

 

Vote on the Nomination of Sen. Jeff Sessions (R-AL) to be US Attorney General

Judiciary Committee

10:00 AM

226 Dirksen Senate Office Building

*Senate Democrats may use a rule to delay the vote a week.

 

Hearing on the Nomination of Rep. Tom Price (R-GA) to be Secretary of HHS

Finance Committee

10:00 AM

215 Dirksen Senate Office Building

 

Hearing on the Nomination of Rep. Rick Mulvaney (R-SC) to be Director of OMB

Budget Committee

10:30 AM

608 Dirksen Senate Office Building

 

Hearing on the Nomination of Linda McMahon to be Administrator of the SBA

Small Business Committee

10:30 AM

428A Russell Senate Office Building

 

Hearing on the Nomination of Rep. Rick Mulvaney (R-SC) to be Director of OMB

Homeland Security and Governmental Affairs Committee

2:30 PM

342 Dirksen Senate Office Building

 

Finally, fast food executive Andy Puzder, President-Elect Donald Trump’s pick for Labor Secretary, is scheduled to face questioning from the Senate Health, Education, Labor, and Pensions Committee on February 2.

FY17 Budget Resolution Update

The Senate approved an FY17 budget resolution (S. Con. Res. 3) by a vote of 51 to 48, with all Democrats and Sen. Rand Paul (R-KY) voting against the measure. The House also passed the measure by a vote of 227 to 198 (nine Republicans voted no). The budget resolution includes reconciliation instructions (Title II) that will allow Congress to repeal the 2010 Affordable Care Act (Obamacare).

The reconciliation instructions require two House committees (Energy and Commerce and Ways and Means) and two Senate committees (Finance and Health, Education, Labor and Pensions) to submit changes in law to reduce the deficit by not less than $1B for FY17-FY26 to their respective Budget Committees by January 27, 2017. The reconciliation process allows the Senate to approve legislation by a simple majority vote, instead of the 60-vote threshold normally required under Senate rules.

House Speaker Paul D. Ryan (R-WI) said that a replacement health care bill would come at the same time as the repeal of the Affordable Care Act. President-Elect Trump told reporters this week that a plan to replace Obamacare would come as soon as his nominee for Health and Human Services Secretary gets confirmed by the Senate. Rep. Tom Price’s (R-GA) confirmation may not come until mid-February. Therefore, repeal and replacement of the health care law may not occur until later in February or March.

 

Senate Introduces FY17 Budget Resolution

Senate Budget Committee Chairman Michael Enzi (R-WY) released an FY17 budget resolution (https://www.congress.gov/115/bills/sconres3/BILLS-115sconres3pcs.pdf) this week that includes reconciliation instructions (Title II) that will allow Congress to repeal the 2010 Affordable Care Act (Obamacare). The Senate voted 51 to 48 to proceed with consideration of the budget resolution. Sen. Rand Paul (R-KY) joined Democrats in trying to block the measure, but for different reasons. Paul, a fiscal conservative, said he couldn’t support a budget outline that calls for ever-rising deficits. Sen. Dianne Feinstein (D-CA) did not vote.

The measure includes reconciliation instructions that require two House committees (Energy and Commerce and Ways and Means) and two Senate committees (Finance and Health, Education, Labor and Pensions) to submit changes in law to reduce the deficit by not less than $1B for FY17-FY26 to their respective Budget Committees by January 27, 2017. The reconciliation process allows the Senate to approve legislation by a simple majority vote, instead of the 60-vote threshold normally required under Senate rules.

A floor vote on the budget resolution is expected in the Senate next week (late Wednesday or early Thursday). Enzi expects three days of debate followed by a “vote-a-rama,” which is expected to begin at 5 pm on Wednesday.

There is still no consensus among Republicans on what a replacement for Obamacare would like or how it would be phased in. It is also unclear if Republicans want to repeal the entire law or if they will try to preserve some of the more popular provisions. And they may consider retaining some of the law’s taxes that could be needed to finance any replacement plan.

House Speaker Paul D. Ryan (R-WI) confirmed this week that the repeal measure would include a provision to strip federal funding from Planned Parenthood. This may cause some problems in the 52 Republican to 48 Democrat Senate as Sen. Susan Collins (R-ME) offered an amendment to the 2015 reconciliation bill to continue funding for Planned Parenthood. Sen. Lisa Murkowski (R-AK) has also expressed concerns about defunding Planned Parenthood as she is a longtime support of Planned Parenthood and has opposed broadly defunding the organization. Finally, Sen. Tom Cotton (R-AR) indicated this week that he wants a replacement measure before voting on repeal. If these three Senate Republicans and Sen. Rand Paul (R-KY) join all Senate Democrats in voting against the reconciliation measure it will not have the 50 votes needed for passage.

After meeting with House Republicans, Vice President-Elect Mike Pence said Trump’s staff is preparing executive orders related to the health care law, but he declined to offer any details. Pence also set an ambitious timeline, with a goal of getting repeal legislation to Trump’s desk by February 20. They hope to pass the budget resolution needed for the reconciliation measure by January 20.