PRESENTED BYBY JOHN BRESNAHAN, ANNA PALMER AND JAKE SHERMAN THE TOPBreaking News: Immigration is about to move to the front of the reconciliation battleground. Senate Democratic and GOP aides will hold their first “Byrd bath” on Friday with Parliamentarian Elizabeth MacDonough over the issue of whether immigration-related provisions can be included in the Democrats’ $3.5 trillion reconciliation package, according to multiple sources. The issue is whether Democrats can include a path to citizenship for hundreds of thousands of Dreamers, TPS holders, migrant farm workers and other undocumented immigrants in the reconciliation package. Democratic aides will argue they can, while GOP staffers will counter that it must fail the Byrd test for inclusion in reconciliation. MacDonough’s role is critical here, as it was during the debate over a minimum wage increase earlier this year during consideration of the American Rescue Plan. MacDonough eventually ruled against Sen. Bernie Sanders (I-Vt.) and other proponents for the wage boost. That meant that Sanders and other pro-wage increase Democrats had to win an amendment vote at the 60-vote threshold, which they failed to do. If MacDonough rules against Democrats here, then they would face a 60-vote threshold for including immigration provisions in the package on the Senate floor, a very difficult, if not impossible, obstacle to overcome. The Byrd Rule is a multi-part test that prevents “extraneous matter” from being included in reconciliation bills. Basically, the Byrd Rule defines “extraneous matter” as anything that doesn’t have a direct impact on spending or revenue, or the impact is “merely incidental” to a provision’s purpose. It’s complex, and the parliamentarians frequently face numerous questions from Senate aides about pending legislation. Senate Majority Whip Dick Durbin, who also chairs the Judiciary Committee, has been a strong advocate for including immigration reform in the reconciliation package. Durbin has argued that GOP intransigence on this issue has forced Democrats to deal with it through this procedure, which allows passage by a simple majority vote. “There is ample precedent for passing this important legislation through budget reconciliation, Durbin said in Aug. 9 Senate floor speech. “Republicans have used this process to open up the Arctic National Wildlife Refuge in Alaska for drilling and enact a $1.9 trillion tax cut for the wealthiest Americans and corporations.” Durbin added: “In addition, in 2005, Senate Republicans used reconciliation to dramatically increase the number of lawful permanent residents by an estimated 3.2 million over ten years. Now they are saying it doesn’t belong in reconciliation. In 2005, they put it in. This is the exact same immigration status we are proposing to give Dreamers, TPS holders, farm workers, and essential workers.” Sen. John Cornyn of Texas, the lead Republican on immigration, argues that the issue can’t be handled via reconciliation. Here’s a Cornyn speech on the issue. This is a very important process unfolding on Friday, and we’ll be all over it. PRESENTED BY PHRMA When it comes to addressing patients’ true priorities, policymakers should instead focus on a better way to improve affordability for patients while protecting access to medicines and the future development of new cures and treatments. Learn more about PhRMA’s work to build a better health care system here. And tell Congress to protect Medicare. BIPARTISANSHIP! Former GOP congressman will raise money for Dem Mike Doyle Rep. Mike Doyle (D-Pa.) is a stalwart Democrat. He’s been in Congress since 1995 and has been an ally of Speaker Nancy Pelosi for years. He’s a mainstay of the “Pennsylvania Corner,” the nook in the back of the House that was once occupied by the legendary Democratic Rep. Jack Murtha. Well, Doyle has an interesting fundraiser coming up. It’s hosted by former Rep. Jack Fields. Fields was a Republican lawmaker from Texas who served in the House from 1983 to 1997. Fields, of course, is a lobbyist. He represents Cemex, the Mexican building materials company; Cardinal Health; and the IDT Corporation, which provides cloud services; and Verizon. Fields also chaired the telecommunications subcommittee on what was then called the Commerce Committee; Doyle holds that same gavel now. CLIP FILE NYT → “Fed’s Williams hints that bond-buying taper could start even if job gains slow,” by Jeanna Smialek → “As Taliban Crush Dissent, New Leaders Face Cascading Challenges,” by Matthieu Aikins, Salman Masood and Marc Santora WaPo → “Trump expected to endorse Wyoming lawyer in race against Cheney, who spoke out against his false election claims,” by Marianna Sotomayor and Josh Dawsey WSJ → “Democrats’ Split Deepens Over Powell Fed Reappointment,” by Nick Timiraos AP → “A U.S. Marine, a curious Afghan boy, an unfathomable moment,” by James LaPorta PRESENTED BY PHRMA Fact: 65% of Americans oppose Medicare negotiation when it leads to tradeoffs like limits on people’s access to medicines or less R&D of new treatments and cures. |