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Senate Schedule Scrambled

With a flood of COVID-19-related developments unfolding over the weekend in our nation’s capital, the Senate schedule has been scrambled for at least the next several weeks.

As at least three GOP Senators have tested positive for the illness– Thom Tillis of North Carolina, Mike Lee of Utah, and Ron Johnson of Wisconsin– and a number of others are in quarantine as a result of exposure to them, Majority Leader Mitch McConnell announced that Senate floor activities would be postponed at least until the week of October 19.  However, he added that the confirmation hearings for Supreme Court nominee Amy Coney Barrett would take place as scheduled the week of October 12.  Both Tillis and Lee are members of the Judiciary, which will consider the nomination.

Even if the hearings can take place next week– most likely virtually for several Senators– it remains to be seen when votes on the nomination might actually take place in the committee and on the floor, as a quorum must be present for votes to take place.  Democrats have argued that it makes no sense to proceed while the floor proceedings are halted.

CR Signed, Government Still Open

After returning from a campaign rally late last night, President Trump signed a continuing resolution (CR)  that will keep the government funded through December 11.  FY2021 officially started at midnight this morning and none of the 12 individual spending bills have been signed into law.  In theory, the extension until December 11 gives Congress and the White House extra time to reach agreement on the appropriations bills.  The Senate cleared the CR earlier in the day yesterday by a vote of 84 to 10.

There was a bit of drama last night as the President technically missed the midnight deadline to sign the resolution, which was not officially signed until about 1 AM.  However, given that he was going to sign the measure, federal agencies were not making preparations to shutdown.

House Passes Continuing Resolution

The House passed a continuing resolution (“CR”), H.R. 8337, to fund the Federal Government through December 11th, 2020 and avoid a potential shutdown. The bipartisan resolution passed 359-57 and is part of a deal reached by House Democrats, Senate Republicans, and the Administration. The CR must still pass in the Senate and be signed by the President. The full story is available here.

As of now, all 12 FY 2021 appropriations bills have passed in the House, but none have passed in the Senate, indicating a likely long road ahead.

 

Dept. of Education Publishes Final Rule on Religious Liberty

In a press statement, the US Department of Education announced the publication of the final rule Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities. The rule will be effective 60 days after publication in the Federal Register.

The final rule intends to “ensure that public institutions of higher education uphold fundamental rights guaranteed by the First Amendment to the U.S. Constitution and that private institutions of higher education adhere to their own policies regarding freedom of speech, including academic freedom”.

Among other things, the press statement outlines major aspects of the rule, including :

  • Requires that public institutions must comply with the 1st Amendment as a requirement to receive Department grants.
  • Clarifies how private institutions may demonstrate they are controlled by a religious organization for the purposes of Title IX.
  • Ensures equal treatment of religious student organizations at public colleges and universities.
  • Revises regulations governing some discretionary grant programs under Titles III and V of the Higher Education Act of 1964, as amended. The rule more narrowly tailors the prohibition on the use of these grants to religious instruction, religious worship, or proselytization.

The full press statement and link to fact sheet is available here.

 

New DARPA Director Announced

Yesterday the Department of Defense announced Dr. Victoria Coleman will be the new Director of the Defense Advanced Research Projects Agency (DARPA). She is an expert in artificial intelligence and has until now been the CEO of Atlas AI. Dr. Coleman is the third woman to ever hold the position. Full story here.