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DeVos’ First Day

Wednesday was the first day for newly confirmed Secretary of Education, Betsy DeVos.  She spent her first day meeting staffers and touring the department as well as addressing all staff. In her address, DeVos sought to move beyond the contentious confirmation process and unite the department, which she acknowledged likely has some staffers who disagree with her on issues. She pledged to listen fully and respect their professional opinion.

Read the full remarks here. 

No word yet on an Under Secretary of Education nominee or an agenda for the higher education task force led by Liberty University President Jerry Falwell Jr.

Senators Cotton and Perdue Unveil RAISE Act

Senators Tom Cotton (R-AK) and David Perdue (R-GA) have introduced the Reforming American Immigration for Strong Employment (RAISE) Act. The legislative text has not yet been posted.

The measure would lower overall immigration to 637,960 in its first year and to 539,958 by its tenth year-a 50 percent reduction from the 1,051,031 immigrants who arrived in 2015.

According to Senator Cotton’s website, the measure would:

  • Prioritize Immediate Family Households. The RAISE Act would retain immigration preferences for the spouses and minor children of U.S. citizens and legal permanent residents while eliminating preferences for certain categories of extended and adult family members.
  • Eliminate Outdated Diversity Visa Lottery. The Diversity Lottery is plagued with fraud, advances no economic or humanitarian interest, and does not even deliver the diversity of its namesake. The RAISE Act would eliminate the 50,000 visas arbitrarily allocated to this lottery.
  • Place Responsible Limit on Permanent Residency for Refugees. The RAISE Act would limit refugees offered permanent residency to 50,000 per year, in line with a 13-year average.

Legislative text is not yet available. Federal Relations will continue to update on this legislation and other immigration developments.

Another Tough Night in the Senate, Confirmations Roll On

During the second long night of debate (Democrats having debated the DeVos vote all night long), the Senate, which is normally very collegial and staid, voted to silence Senator Elizabeth Warren (D-MA) on Tuesday evening during her her speech on Senator Jeff Sessions (R-AL)’s nomination for Attorney General. Senator Warren was reading a letter from Mrs. Corretta Scott King, late wife of Rev. Dr. Martin Luther King Jr., who wrote in the 1980s in opposition to then Senator Session’s nomination to a federal judgeship. 

The Senate voted 49-43 that Warren violated chamber rules against impugning a fellow Senator after during her speech in opposition to the Sessions nomination.

Sessions is expected to be confirmed as the next attorney general at some point today but the vote could come as late as this evening if Democrats use all of the debate time.

Senate Democrats are expected to continue their tactics of using all the debate time, which results in grueling all night debates, with the remaining Cabinet appointees.

DeVos Confirmed

Today, the Senate confirmed Betsy DeVos as Secretary of Education. The vote was 51-50 — a tie that forced Vice President Mike Pence to cast the deciding vote. The Vice President has never had to cast the deciding ballot in a confirmation vote before.

DeVos becomes the nation’s 11th Secretary of Education after long and contentious confirmation process.

Senators Susan Collins (R-ME) and Lisa Murkowski (R-AK) voted with the all the Senate’s Democrats and independents in voting against DeVos. They are the first Republican lawmakers to break with their party in President Donald Trump’s Cabinet confirmation process.

Senate Democrats held the floor throughout the night and Tuesday morning, a final push in a vocal campaign by DeVos’ opponents to convince one more Republican to vote against DeVos’ confirmation.  

2:1 Regulatory Executive Order Outlined

Last week, President Trump signed issued an Executive Order requiring agencies to repeal at least two regs for every new reg and also capping the total compliance costs of any regulation issued in a given year.

The Administration has also issued interim guidance on the issue. The guidance clarifies that the two-for-one rule applies only to “significant” regulations, which in existing law is defined as any that that imposes an annual economic cost of $100 million or more. According to the guidance, agencies that plan to issue a “significant regulatory action” on or before Sep. 30, 2017 must first identify two existing regulatory actions the agency plans to eliminate or propose for elimination before the new regulation is issued. The agency must also “fully offset total incremental cost” of the new regulation “as of September 30, 2017.”

How will this become a reality? It is not yet clear, but the Office of Federal Relations will continue to monitor the progress.

For an overview, the Federal Register has an overview of the federal regulatory process here.