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THIS WEEK

KBJ is priority No. 1, but there is lots going on in the Senate

The big action this week is on the Senate side of the Capitol. The confirmation of Judge Ketanji Brown Jackson to the Supreme Court is the number one priority for Senate Majority Leader Chuck Schumer, his leadership team and the White House. Confirming KBJ is the No. 2 priority. Confirming KBJ is the No. 3 priority. You get the idea.

There are several other issues under discussion or that could possibly get a vote on the Senate floor – provided they don’t in any way jeopardize the timetable for Jackson’s confirmation. These include a $10 billion Covid preparedness package that has been the subject of intense bipartisan talks; a bill to strip preferred trading status from Russia and Belarus; and a vote on a motion to formally begin negotiations with the House on USICA, a high-profile technology and manufacturing initiative that has strong backing from Schumer and corporate America. As we said, all three of these could happen – especially the Covid package – as long as there’s bipartisan agreement and it doesn’t interfere with the KBJ’s confirmation. It’s also possible that only a KBJ vote gets through.

So let’s go over the expected timeline for the KBJ vote once again. The Senate Judiciary Committee will meet at 10 a.m. this morning to vote on Jackson’s nomination. That vote is expected to end in an 11-11 tie, which will force Schumer to file a discharge motion to bring the nomination before the full Senate. A vote on that discharge motion would take place later today, with only a majority required to approve it. Sen. Susan Collins (R-Maine) has already announced her support for Jackson’s nomination, so Democrats head into this with at least 51 votes, although the White House is hoping – perhaps futilely – for some more GOP support.

With Republicans certain to filibuster Jackson’s nomination on the floor, Schumer will file a cloture motion on Tuesday. Wednesday would be the intervening day, and the cloture vote would take place Thursday. Again, this is a simple majority vote.

Once cloture on Jackson’s nomination is invoked, up to 30 hours of debate are allowed before a vote on final passage. Democrats hope to get a time agreement to speed up that process, but it will be up to GOP senators to agree. With the two-week Easter recess looming and Jackson’s confirmation on a glide path to passage, Democrats and the White House are hoping for a final vote on Thursday, but they’re fully prepared to do it Friday if necessary.

Again, confirming Jackson is far and away the Democrats’ biggest priority this week, and both Schumer and the White House appear very confident heading into the endgame.

“What I know is she will get enough votes to get confirmed,” White House Chief of Staff Ron Klain said Sunday on ABC’s “This Week with George Stephanopoulos.” “In the end, I suppose, that’s the only thing that matters. But I wish more Republicans would look at the case here, look at the record and vote to confirm Judge Jackson.”

The other top issue for the Senate this week is the $10 billion Covid prep package. The outlook here is murkier, although both sides are hoping to release text and the score of a potential agreement as early as today – if possible.

The proposal is aimed at bolstering the federal government’s stockpile of tests, vaccines and therapeutics ahead of any new Covid variants. Both sides also worked over the weekend to identify billions of dollars in additional offsets that could be used to cover the costs of a global vaccination effort, something progressives are pushing on. But there doesn’t appear to be any consensus on that particular issue, we’re told.

Sen. Mitt Romney (R-Utah) has been leading the negotiations on this Covid package for Republicans, working with Sens. Roy Blunt (R-Mo.), Richard Burr (R-N.C.), Lindsey Graham (R-S.C.) and others. On the Democratic side, it’s Schumer and Democratic Sens. Patty Murray (Wash.) and Chris Coons (Del.) in the lead, as well as an array of White House and administration officials.

Can a deal be reached that gets 60 votes in the Senate? Yes, it’s possible. Will it happen? Republicans seem more upbeat in some ways than Democrats. If a proposal meets Romney’s approval – meaning it’s offset and doesn’t involve new spending – then it has a chance to pass the Senate. Republicans, though, will have to deliver the needed votes to overcome an expected filibuster from their own side. So we’ll pay very close attention to how this unfolds over the 24 hours.

Two other topics worth watching – whether a deal comes together on stripping preferential trade status from Russia and Belarus (unlikely at this point) and a vote on a motion to go to conference on USICA, aka the Bipartisan Innovation Act, Endless Frontier, and other names.

The Russia PNTR bill passed the House by a 424 to 8 margin. Schumer and Democrats thought they had an agreement last week to pass a Senate version, only to face renewed opposition from Sen. Rand Paul (R-Ky.) and other Republicans. The GOP senators are concerned about Global Magnitsky provisions in the bill. That statute imposes sanctions on human rights violators. Republicans complain the Magnitsky language in the PNTR bill goes too far, although Sen. Ben Cardin (D-Md.) and other Democrats note it was vetted by both parties. At this moment, it doesn’t look like an agreement will be possible before the Senate leaves town, although discussions continue. This will take some “Senate magic” to make happen.

On USICA, both sides are hoping to clear the motion to go to a conference with the House. The House has already approved this motion. Votes on motions to instruct the Senate conferees, a key issue for Sen. Bernie Sanders (I-Vt.) are also possible, although this would require unanimous consent. Sanders is opposed to a provision in the Senate’s version of USICA authorizing $10 billion for NASA to build a second moon lander. Blue Origin, mega-billionaire Jeff Bezos’ space exploration company, is competing for that award after losing out to fellow mega-billionaire Elon Musk’s SpaceX on the first moon lander. Sanders also wants to strike $50 billion in financial support for the U.S. semiconductor industry, a major part of the plan.

Other nominations may be considered, including Federal Reserve Chair Jay Powell and several Fed nominees. However, this will only happen if the nominations can be considered under agreements that don’t jeopardize the KBJ timetable.

On the House side, Democratic leaders are prepared to pass the Covid bill if a Senate deal comes together.

We’re also watching what happens to a proposed $55 billion Covid rescue package for restaurants and other small businesses. The House Rules Committee has the bill teed up for a hearing in preparation for bringing it to the floor. But we heard some concern about its prospects over the weekend. We’ll have more later today.

Also, some news: H.R. McMaster, who served as National Security Adviser under former President Donald Trump, will be the House Republicans’ witness at the Energy and Commerce Committee hearing with oil industry CEOS on Wednesday. Remember: House Democrats set up this hearing to include a lot of Big Oil bashing.

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What we’re watching

The Senate Commerce Committee will hold a hearing on transparency on oil markets. The Senate Banking Committee will hold a hearing on insider trading. House Rules will prep the restaurant aid bill for the floor.

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Who we’re watching

MOMENTS

9:25 a.m.: President Joe Biden will leave Delaware for D.C., and he’ll arrive at Ft. McNair at 10:20 a.m.

11:30 a.m.: Biden will get his daily intelligence briefing.

1:45 p.m.: Biden will speak about “progress made on his Administration’s Trucking Action Plan to strengthen our nation’s supply chains.” Transportation Secretary Pete Buttigieg will speak, as well.

2:45 p.m.: Jen Psaki will brief. … Sen. Mark Warner (D-Va.) will meet with Judge Ketanji Brown Jackson.

5 p.m.: Sen. Tim Kaine (D-Va.) will meet with Jackson. Sen. Chris Van Hollen (D-Md.) will also meet with Jackson.

5:20 p.m.: Vice President Kamala Harris will speak about the administration’s “plans to upgrade our public schools with clean and energy efficient facilities and transportation” at Thomas Elementary School in Anacostia.

6 p.m.: House Republicans will hold a news conference about their briefings from border patrol agents.

Week ahead: Tuesday: Former President Barack Obama will visit the White House to talk about the Affordable Care Act. Wednesday: Biden will address the North America’s Building Trades Unions’ legislative conference.

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