Adam S. Olsen- Washington, D.C.
February 22, 2021

The Senate will return to work today at 3pm in executive session to resume consideration of the nomination of Linda Thomas-Greenfield to be the U.S. Representative to the United Nations, with a cloture vote expected at 5:30 p.m.  The final vote for confirmation is expected Tuesday night or Wednesday morning.

Judge Merrick Garland’s bid to lead the Justice Department formally began at 9:30 a.m. with a hearing in the Senate Judiciary Committee.  Although likely to be confirmed, Judge Garland will face tough questions from Senators Josh Hawley (R-Missouri), Ted Cruz (R-Texas), Ben Sasse (R-Nebraska) and Tom Cotton (R-Arkansas), all of whom sit on the Judiciary Committee.  Garland said this morning that his first priority if confirmed as attorney general would center on the sprawling investigation into the January 6th riot the U.S. Capitol incited by former President Donald J. Trump.

The Senate is expected to work on several more nominations this week.  Xavier Becerra, the Biden Administration’s HHS Secretary nominee, is slated to testify before the Senate HELP Committee on Tuesday.  Deb Haaland, the Interior Secretary nominee, will also testify Tuesday at 9:30 am before the Energy and Natural Resources Committee.  William Burns, Biden’s pick to lead the CIA, will testify before the Senate Intelligence Committee on Wednesday.  Finally, on Thursday, the Senate HELP Committee will hold a hearing on Vivek Murthy’s nomination to be Surgeon General.

The House meets today at 11:30 a.m. in pro forma session and will reconvene for votes tomorrow.  The House Budget Committee will have a virtual markup of President Biden’s American Rescue Plan Act of 2021 today at 1 p.m.  The final text was released on Friday.  The panel also provided a new report emphasizing the need for quick congressional action on COVID relief to ensure workers, families, small businesses, and communities across the country can make it to the other side of these twin health and economic crises.  Republicans are expected to highlight provisions in the proposal like the $15 minimum wage hike and $350 billion for state and local aid. But the panel’s members can’t offer regular amendments, so it is not likely there will be substantial changes to the text.  House Democrats are planning to pass the relief package by the end of this week, likely without the support of Republicans, with a floor vote on Friday or Saturday, which will then send the legislation over to the Senate as early as next week. Unemployment benefits expire March 14th.

In the Senate, committees have started meeting with the parliamentarian who will decide whether certain pieces, especially an increase to a $15 minimum wage, in Biden’s plan run afoul of the so-called Byrd Rule. That rule requires policies passed through the budget reconciliation process have a significant effect on federal spending, revenues and the debt and bars policies that would lead to debt increases beyond the next decade.  The parliamentarian ruling could come as early as Tuesday and if the wage hike is allowed, then the likelihood of it being included in the proposal rises.  However, both Senators Joe Manchin (D-West Virginia) and Kyrsten Sinema (D-Arizona) have already said they oppose the wage hike regardless.  Democratic leaders and the White House have indicated that they will make a final decision on how to proceed after the Senate parliamentarian rules on the proposal.

Adam S. Olsen, Washington, D.C.