CQ TODAY ONLINE NEWS
March 5, 2012 – 10:54 p.m.
In Election Year, Non-Germane Is Becoming the Senate Norm
By Alan K. Ota, CQ Staff
Majority Leader
The amendment to the two-year, $109 billion surface transportation reauthorization (
The trend has not abated even after it came to a head last October, when Reid, D-Nev., used a variation of the so-called nuclear option to bring to an end consideration of non-germane amendments after cloture had been invoked. Now, proponents are simply offering such amendments as the Senate begins debating a measure.
The commercial boiler and incinerator amendment by
In fact, Collins’ amendment is virtually the same provision that was included in the House-passed version of a bill (
Majority Whip
It remains unclear whether the Democrats’ willingness to allow the vote signals that they are confident it can be defeated, or that the bipartisan group of proponents has made it clear that it has the 60 votes needed to avert a filibuster and thus approve the amendment.
Senate Democratic leaders also have signaled that they will allow a vote, expected to fall along party lines, on another Republican priority: a proposal by
A short-term extension of surface transportation programs (PL 112-30) expires March 31, and Reid has offered the two votes in hopes of reaching a deal to limit debate and complete action on the reauthorization bill.
The Collins amendment would delay implementation of the proposed rules for 15 months, and would soften the effect of the effort to limit emissions from boilers and incinerators that are a major source of mercury and soot emissions. Businesses have opposed the rules, which would require many to retrofit or replace boilers and incinerators to ensure they have up-to-date emissions control technology and comply with the Clean Air Act (PL 101-549).
Reid has scheduled a Tuesday cloture vote on a substitute amendment to the highway bill, even as Senate leaders are trying to cut a deal to limit votes on non-germane amendments before the procedural vote, aides from both parties said.
The Obama administration has threatened to veto the proposal, saying it would “undermine public health protections.”
Despite that, Collins has already lined up 41 cosponsors, including 12 Democrats, for her similar measure (
In Election Year, Non-Germane Is Becoming the Senate Norm
But Reid has cited the concerns of even some supporters of Collins’ amendment, including the U.S. Chamber of Commerce, that extraneous amendments could endanger completion of the surface transportation measure.