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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.

Trump Issues Memos on TPP, Federal Hiring Freeze, and US Foreign Aid

President Donald Trump signed three presidential memos on Monday freezing federal hiring, withdrawing the US from the TPP, and banning US foreign aid from performing or promoting abortions.

First, President Donald Trump moved Monday to make good on a campaign promise to shrink the size of the federal government, issuing a memo to freeze federal hiring. The military was exempted from the memo’s constraints.

Second, President Trump issued a memo to withdraw the United States from the Trans-Pacific Partnership. The move fulfills one of Trump’s signature campaign pledges to get out of the sweeping 12-nation trade deal, which he once called “a rape of our country” and said would hurt US jobs.

Third, President Trump issued a memo that calls for the reinstatement of a policy to prevent the recipients of American foreign aid from performing or promoting abortions. The action comes the day after the anniversary of Roe v. Wade. The memo would prohibit NGOs that receive federal funding – including health care providers or organizations – from providing or promoting abortion or from advocating for abortion laws abroad.


On Friday, immediately following President Trump’s inauguration, Trump’s Chief of Staff, Reince Prebus, issued a Memoranda instructing the heads of federal departments and agencies to stop advancing regulations until Trump appointees are able to review them. The memo was issued by Priebus is typical when a new party takes the White House. The memo is in many ways identical to one that then-White House Chief of Staff Rahm Emanuel sent on Jan. 20, 2009. 

Priebus’ memo made exceptions for emergency situations and other urgent health, safety, financial or national security matters allowed by the Office of Management and Budget. It also makes exceptions for regulations implemented to meet a statutory or judicial deadline. 

Impacts from that freeze are far reaching and include:

  •  The Housing and Urban Development Department suspended the mortgage insurance premium rate reduction scheduled to take effect later this month.
  • The Education Department rule to forgive student loans of borrowers if they were defrauded by their college could be delayed. The rule was finalized in October but would not go into effect until July. The department has also not finalized a proposed rule meant to increase state officials’ oversight of online college programs within their state. The department estimated the rule would affect 5.5 million students.
  • The Labor Department’s contentious fiduciary rule, opposed by Republicans, has been finalized but will not go into effect until April. It could be blocked by the memo. The rule would require retirement investment advisers to put the best interests of their clients before their own interests.
  • USDA has stalled a final rule published Thursday setting animal welfare standards for poultry and livestock. It was scheduled to take effect March 20, with portions phased in through 2018. The rule is meant to enable the Agriculture Department to certify products as organic. The proposal has divided the poultry industry, with some producers calling the requirements excessive and unnecessary.

More Confirmation Hearings, Republican Retreat

It’s a busy short week for Congress. House and Senate Republicans head to Philadelphia this week to begin sorting out fiscal priorities for the coming year in the party’s annual retreat. 

The retreat should lay out the first 100 days game plan for the Administration and Congressional Republicans and could lay the groundwork for setting fiscal priorities in the first year of the Trump Administration.

The Government Accountability Office (GAO) warned Congress in a report last week that the country is headed toward a fiscal train wreck. That’s even before any new spending programs or tax cuts are considered. Soaring costs for entitlement programs, from an aging population and rising health care costs, will combine with increasing interest payments to push the federal debt to record levels, the GAO said.

Federal debt as a share of the economy reached 77 percent last year, compared to the historical average since World War II of 44 percent. Without a change in policy, the ratio will exceed its historic high of 106 percent within 15 to 25 years.


Also, welcome to the first week of Congress with President Trump in the White House. Congressional leaders from both parties will meet with the new president at the White House today for a 5 p.m. reception. 

The House will have a light week of mostly suspension bills. The only non-suspension bill the House will vote on next week is HR 7, the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2017.  The measure, sponsored by Rep. Chris Smith (R-NJ), would prohibit federal funds, including those provided to the District of Columbia, from being used for abortions or for health benefits that cover abortions. The House has voted on a version of the bill in prior years as part of Republicans’ sustained targeting of Planned Parenthood.

The Senate continues to work on the confirmation process. Senate Democrats are demanding paperwork and additional time to question the remaining nominees, but truly all they can do is slow down the process. Up this week are Rep. Mike Pompeo (R-KS),who is up for CIA director, Rep. Tom Price (R-GA), who is up for Secretary of HHS and will appear before Senate Finance for another chance to defend ACA repeal, and Rep. Mick Mulvany (R-SC), who is Trump’s pick for White House budget director. Rep. Mulvaney gets a full day on Tuesday at two confirmation hearings: a morning hearing by the Senate Budget Committee and an afternoon examination by the Senate Homeland Security and Governmental Affairs Committee.

 

Mattis Confirmed as SECDEF

Just hours after President Trump was sworn into office, the Senate on Friday confirmed two of his national security cabinet nominees.

The Senate confirmed retired Gen. James Mattis to run the Pentagon as Defense Secretary.

A four-star general who retired in 2013, Mattis required a waiver to take the top Pentagon job since he hasn’t been out of uniform for at least seven years.

Congress approved legislation exempting him from the requirement last week, and Trump signed it into law as one of his first acts as president.

Trump’s First Executive Actions

True to his word, President Trump has issued an Executive Order (EO) impacting the ACA. First, Trump signed a broad EO giving all federal agencies wide latitude to change, delay or waive provisions of the law that they deemed overly costly for insurers, drug makers, doctors, patients or states. The order also directs agencies to give greater flexibility to states in implementing the health care law.  

Additionally, Trump’s Chief of Staff, Reince Preibus, issued a Presidential Memorandum freezing  agencies from issuing pending federal regulations until the Trump Administration has time to review the pending regs.