Friday saw the end of the 117^th Congress, the 118^th Congress with Republican control of the House begins at noon on January 3, 2023.

I have written before how in DC speak the last big must pass bill for a session of Congress is often referred to as the last train leaving the station, and that was the case for the $1.7T Omnibus Spending Bill that passed today. It includes not only the money to fund the government through the remainder of the current fiscal year; but added to the train were programs ranging from money for Ukraine to a provision that requires employers to provide time and space for mothers who are breast feeding. The bill also includes amendments to the Electoral Count Act of 1887. The amendments make clear that the Vice President’s role is only ministerial and that to vote on accepting a state’s Electoral College votes will require 1/5^th of both the House and Senate. Currently objections can be made by just one Member of each chamber.

The Omnibus Bill fully funded the nation’s defense programs providing $858B for DoD and related agencies, and $757B for non-defense programs. The final vote in the Senate showed broad bipartisan support when it passed 68Y to 29N. All the NO votes came from Republicans, many who wanted to return to the budget issues early next year when Republicans will have control of the House. The House vote was less bipartisan with nearly every Republican voting NO.

With 18 Senate Republicans voting for the Omnibus Bill, including McConnell and most of his leadership team, shows some of the tensions that could emerge next year between House and Senate Republicans. The four vote House Republican majority was achieved because of flipped seats in NY and CA, these new Republican members are more likely to find agreement with Senate Republicans than some of their most radically conservative House colleagues.

When the House returns on January 3 their first order of business will be the election of the Speaker, as of today Republican Leader McCarthy does not appear to have the 218 votes he will need to be elected Speaker. It is technically possible for Democrats to put him over the finish line if Republicans aren’t united, but I don’t believe that will happen. Democrats are likely to let Republicans work out this problem. With only a four seat majority a handful of Republican members can deny McCarthy the Speaker’s gavel. However, the one thing McCarthy has going for him is that currently there is no top-tier opponent and as the old adage goes – you can’t beat somebody with nobody.