Welcome to Overnight Regulation, your daily rundown of the news from the federal agencies, Capitol Hill, the courts and beyond. It’s Tuesday evening here in Washington where President Trump sparked controversy by calling for a “good shutdown” in September and expressed frustration with the Senate filibuster. Read about that here.
THE BIG STORIES
Senate confirms Trump SEC pick: The Senate on Tuesday confirmed Jay Clayton, President Trump’s pick to lead the Securities and Exchange Commission, in a 61-37 vote.
The Hill’s Jordain Carney has the story:
Senate Majority Leader Mitch McConnell (R-Ky.) praised Clayton ahead of the vote, saying he looked forward to “his leadership at this agency.”
{mosads}”I appreciate Mr. Clayton’s willingness to take on this important task as well as his vision — which he outlined at his hearing — to promote fair and transparent practices at the SEC,” he said on the Senate floor Tuesday.
Only a simple majority was needed to approve the nominee, whose SEC term would expire in 2021.
Clayton was expected to get some Democratic support, after Sens. Michael Bennet (D-Colo.), Tom Carper (D-Del.), Maggie Hassan (D-N.H.), Heidi Heitkamp (D-N.D.), Joe Manchin (D-W.Va.), Claire McCaskill (D-Mo.), Bill Nelson (D-Fla.), Jeanne Shaheen (D-N.H.), Jon Tester (D-Mont.) and Mark Warner (D-Va.) helped his nomination get over a procedural hurdle on Monday evening.
Heitkamp, Manchin, McCaskill, Nelson and Tester are each up for reelection in states carried by Trump in the 2016 election.
But the nomination split off some Democrats who voiced concerns that Clayton is too close to the industry he will help regulate as SEC chairman.
Sen. Elizabeth Warren (D-Mass.) argued that under Clayton’s leadership, the SEC won’t be able to be the “cop on the beat for Wall Street.”
“I don’t have any faith that Mr. Clayton will be the kind of tough, independent leader that we need at the SEC. His nomination is just one more broken promise, one more time that Donald Trump has put Wall Street ahead of the interests of the American people,” the frequent Trump critic said.
Click here for the full story.
GOP overtime bill: The House passed a Republican-backed overtime bill Tuesday that would give employees who work long hours more time off, but Democrats are concerned it will take a bite out of pay checks.
The Working Families Flexibility Act passed 229-197.
The overtime bill would give employees a choice between taking time off or being paid time-and-a-half when they work more than 40 hours in a week.
Republicans say this will provide more flexibility for working parents, who would like to spend more time with their family. “As a working mom myself, I understand all too well how challenging it can be to balance career and family,” said Rep. Martha Roby (R-Ala.), who sponsored the bill.
“Ask any working parent and they’ll tell you just how precious their time is,” she added.
But Democrats argue low-wage workers who need the extra money could feel pressured to take time off when they would prefer a bigger paycheck.
At issue is the Fair Labor Standards Act, which requires private-sector companies to pay time-and-a-half to hourly employees who work overtime.
But some workers would rather take time off instead of receiving overtime pay, Republicans contend. This is known as “comp time.”
The GOP legislation would allow private sector companies to offer workers a choice between “comp time” and overtime pay. Workers could save as much as 160 hours — or about one month’s worth — of paid time off. At the end of the year, their companies would pay them for any time off they don’t use.
Employees would not be forced to take time off, if they prefer to cash in a bigger paycheck, Roby said.
Likewise, private-sector employers would not be forced to participate in the program. They could continue paying overtime, but would likely save money by offering paid time off instead.
This is the same way public-sector government employers operate, Republicans point out.
But Democrats argue that low-wage workers who need the money will feel pressure to take time off to appease their employers. “While they say it’s voluntary and a matter of their choice, as a practical matter, it’s not,” said House Minority Whip Steny Hoyer (D-Md.).
He called it the “Freedom to Make Less bill.”
“This bill takes away overtime pay and instead the worker gets a vague ‘IOU'” said Rep. Suzanne Bonamici (D-Ore.).
Sen. Mike Lee (R-Utah) is sponsoring a companion bill, but it is unclear whether Republicans will be able to overtime a Democratic filibuster in the upper chamber.
Click here for the full story.
ON TAP FOR WEDNESDAY
FBI Director James Comey will testify before the Senate Judiciary Committee in an FBI oversight hearing.
The Senate Budget Committee will hold a hearing to examine the economy and private sector growth.
The Senate Environment and Public Works Committee will hold a hearing to look at ways to streamline infrastructure projects to achieve faster, better and cheaper results.
The House Transportation and Infrastructure Committee will hold a hearing on maritime regulatory issues.
The House Appropriations Subcommittee on Financial Services and General Government will hold an IRS oversight hearing.
TOMORROW’S REGS TODAY
Keep an eye on these rules in Wednesday’s edition of the Federal Register:
–The U.S. Department of Agriculture (USDA) will issue new barley standards.
The standards go into effect on Aug. 1, 2018.
–The Labor Department’s Occupational Safety and Health Administration (OSHA) will withdraw new workplace safety requirements to comply with a congressional mandate.
Under President Obama, OSHA issued new requirements for employers to report workplace injuries and illnesses online. But President Trump and the Republican-controlled Congress overturned those rules last month.
OSHA will withdraw the changes to the rule, but the original requirements remain in place.
The changes go into effect immediately.
–The Department of Transportation (DOT) will delay training requirements for railroad employees.
The Transportation Department’s Federal Railroad Administration (FRA) issued new training requirements for railroad workers who have safety-related jobs in November 2014. But the agency says the training program will not be completed in time and must be delayed.
The delay goes into effect in 30 days.
NEWS RIGHT NOW
Trump picks renewable energy policy skeptic to lead DOE office
Dems warn net neutrality repeal will spark ‘public uproar’
House Dems move to delay GOP Dodd-Frank rewrite
House Republicans begin probe of monuments law
Airlines take heat for business practices at tense hearing
Trump to replace top banking regulator: report
Why Trump is fighting Canada on softwood lumber and dairy
Dems slam Trump while reigniting fight for LGBT rights
NLRB rules sped up union elections by 38 percent
Pentagon wants offshore drilling ban maintained in eastern Gulf
EPA asks what rules to cut, gets earful about dirty water – AP
BY THE NUMBERS
3: Proposed rules
4: Final rules
(Source: Wednesday’s Federal Register)