Today on the Hill: Both Chambers to Target Obama Rules; DeVos Nomination on Senate Floor

One of President Trump’s most controversial selections for his Cabinet is – Education Secretary nominee Betsy DeVos – due to hit the Senate floor today, with another contentious pick, Attorney General nominee Sen. Jeff Sessions (R-AL), next in line for floor consideration. DeVos will be first because Republicans want to make sure that Sessions – who will have voting power in the Senate until he is confirmed as Attorney General – can cast his vote to confirm the school choice advocate as the nation’s head of education policy in what is expected to be a very close vote. Republican Sens. Susan Collins (R-ME) and Lisa Murkowski (R-AK) announced yesterday that they will oppose her confirmation, meaning that Republicans cannot afford any more defections from their 52-vote majority. Assuming there are no other surprises, DeVos would be confirmed on a 51-50 vote with Vice President Mike Pence casting the tie-breaking vote. The cloture vote for her confirmation is expected tomorrow, meaning that Sessions’ floor consideration will likely slip into next week.

The Senate will also have legislation to consider today as Senate Majority Leader Mitch McConnell (R-KY) has teed up the House-passed resolution (H.J. Res. 38) that would revoke an Obama Administration rule limiting where mining waste can be dumped. The “stream buffer” resolution – which only needs to be passed by a simple majority in the upper chamber – was approved yesterday on a largely partisan 228 to 194 vote.

In the House, the regulatory rollback effort continues as lawmakers consider a resolution (H.J. Res. 40) that would undo an Obama-era rule finalized after the mass shooting at Sandy Hook Elementary School that requires the Social Security Administration (SSA) to report to the federal gun-buyers’ background check system on whether an individual is receiving disability benefits for mental health conditions. The National Rifle Association (NRA) and Brady Campaign to Prevent Gun Violence have spoken out on the resolution, setting up a battle that will likely form around traditional partisan lines. Lawmakers will also consider a measure (H.J. Res. 37) that targets the so-called “blacklisting” rule requiring contractors for the federal government to disclose their past labor violations. Both resolutions take advantage of the procedures set up by the Congressional Review Act (CRA) that allows for Congress to revoke rules finalized in the last 60 legislative days of the previous session of Congress.