With only a handful of legislative days left to avert a government shutdown, permitting reform remains a sticking point for Congress as Democratic leadership in the Senate presses for a spending bill that includes the measure, despite bipartisan opposition.
Republicans oppose a deal Sen. Joe Manchin (D-WV) cut with Senate Majority Leader Chuck Schumer (D-NY) to vote for the Inflation Reduction Act in exchange for the reforms. The deal, which would expedite an energy project in West Virginia, allowed Democrats to pass a slimmed-down version of President Joe Biden’s agenda, surprising Republicans who thought the legislation was dead.
Schumer agreed to attach the energy provisions to the must-pass spending bill, known as a continuing resolution, to give them a better chance of clearing the Senate. Lawmakers now have until Friday at midnight before government funding runs out.
The upper chamber is expected to move toward debate of a shell bill Tuesday evening, which senators can amend with additional provisions. The House has been waiting to see what can pass the Senate in the interim.
Senate Minority Leader Mitch McConnell (R-KY) is whipping against the bill and finds himself on the same side as Sen. Bernie Sanders (I-VT), who, along with progressive colleagues in the House, are objecting on environmental grounds and want the measure separated from the continuing resolution.
Senate Republicans are pressing for a version of the bill introduced by Sen. Shelley Moore Capito (R-WV).
MANCHIN UNVEILS PERMITTING REFORM BILL WITH FOSSIL FUEL PROVISIONS OPPOSED BY THE LEFT
Manchin will need to sway more than 10 Republicans to clear the filibuster’s 60-vote threshold, as multiple Democratic defections are possible. He made his case for the permitting reforms in a Wall Street Journal op-ed Sunday.
“Contrary to the radical agenda of Sen. Bernie Sanders and his allies, who seem oblivious to the reality of the global and domestic energy challenges we face, the common-sense permitting reforms contained in the Energy Independence and Security Act of 2022 will help cut costs and accelerate the building of the critical energy infrastructure we need,” Manchin wrote.
Manchin projected confidence during a weekend media blitz, telling Fox News Sunday, “We try to take everyone’s input on this, and my Republican friends’ input is in this piece of legislation. I’m very optimistic that we have the opportunity, they realize this opportunity.”
McConnell, for his part, said Wednesday that Manchin should take up Capito’s version of permitting reform to avoid having “traded his vote on a massive liberal boondoggle in exchange for nothing.” Capito has since signed on to Manchin’s version.
The Capito proposal is similar to Manchin’s but would also codify Trump-era changes to the National Environmental Policy Act and Clean Water Act that walked back the federal government’s ability to regulate small bodies of water and streams.
Permitting reform is only one part of the continuing resolution that would extend this year’s levels of funding, likely until Dec. 16. Congress may attach funding for Food and Drug Administration user fees, as well as money to address the water crisis in Jackson, Mississippi, low-income heating assistance, and resettling Afghan refugees. Roughly $12 billion more in aid to Ukraine is also under consideration.
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The conservative House Freedom Caucus, meanwhile, is among the groups calling for a clean continuing resolution that does nothing but fund the government at current levels until after the 118th Congress begins on Jan. 3, with House Republicans likely in the majority. The lawmakers argued that a lame-duck session in December incentivizes members on their way out for the Christmas recess to pass funding without the same level of opposition.
