Congress Returns, House Seeks to Use Congressional Review Act, Senate to Focus on Nominees
Jason Pye - Director, Rule of Law Initiatives
Point of Order is a (mostly) weekly preview of key congressional activity for those with more than a passing interest in federal policy.
The big 70: Happy birthday to my mom! She turns 70 today.
Schedule and suspensions in the House: The House returns today at 2:00 pm for legislative business. First votes are expected at 6:30 pm. Legislative business will begin at 10:00 am on Tuesday and 9:00 am Wednesday. Last votes for the week are expected no later than 11:00 am Wednesday. No votes are scheduled on Thursday and Friday. Five bills (listed below) will be considered under the suspension of the rules. These bills will be considered today
H. Res. 132 – Responding to the earthquakes in Türkiye and Syria on February 6, 2023 (Foreign Affairs Committee)
H.R. 538 – Informing Consumers About Smart Devices Act (Energy and Commerce Committee)
H.R. 1059, SECURE Notarization Act (Energy and Commerce Committee)
H.R. 1108, To amend the Communications Act of 1934 to extend the authority of the Federal Communications Commission to grant a license or construction permit through a system of competitive bidding (Energy and Commerce Committee)
H.R. 1123, Understanding Cybersecurity of Mobile Networks Act (Energy and Commerce Committee)
Bills that come to the floor under suspension of the rules require two-thirds of members present and voting for passage. This is the most common way that bills considered by the House come to the floor. Some of these bills may be passed by a voice vote, rather than a roll call vote. Most bills that come to the floor under suspension aren’t widely considered controversial, although leadership may occasionally test a bill under suspension to gauge opposition or sneak a bill through the chamber.
Rule bills: The House Rules Committee will meet today at 5:00 pm to markup the rule for the Reduce Exacerbated Inflation Negatively Impacting the Nation (REIN IN) Act, H.R. 347, and a resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights," H.J.Res. 30. The REIN IN Act would require the Office of Management and Budget to provide an inflation impact estimate for any executive order that will have a budgetary impact of at least $1 billion. H.J.Res. 30 is a disapproval resolution under the Congressional Review Act (or, in legislative jargon, we call these “CRAs,” and I wrote a handy paper about them at the old job) that would cancel the Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights Rule. Obviously, the Senate would have to consider the CRA as well (there’s a whole fascinating fast track process over there, and the filibuster isn’t a hurdle). Even if the CRA is passed by the Senate, it would have to be signed into law by President Biden, which, I assume, isn’t likely.
Cicilline plans to resign: Rep. David Cicilline (D-RI) will resign from the House at the end of May. He’s leaving to run the Rhode Island Foundation. Cicilline has served six full terms in office and was elected to his seventh in November. He is the fourth openly gay person to serve in Congress.
A new member from Virginia and updated party divisions: State Sen. Jennifer McClellan was elected last week in VA-04 to fill the seat left vacant by the death of Rep. Donald McEachin (D-VA). McClellan, a Democrat, is the first Black woman elected to the House from Virginia. We expect that McClellan will be sworn in this week. Once McClellan is sworn in, the party divisions in the House will be 222 Republicans and 213 Democrats. This will be the first time this Congress that the House has been fully constituted.
Weaponization subcommittee update: Rep. Matt Gaetz (R-FL) has replaced Rep. Chip Roy (R-TX) on the House Judiciary Select Subcommittee on the Weaponization of the Federal Government. Roy stepped aside because of a lack of bandwidth, as he also serves on Judiciary, Budget, and Rules.
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week is here.
Markup of Committee Budget Views and Estimates (Small Business, Tuesday at 9:45 am)
Business Meeting (House Administration, Tuesday at 10:00 am)
Markup of The Committee on the Judiciary Authorization and Oversight Plan for the 118th Congress (Judiciary, Tuesday at 10:00 am)
Markup of Various Legislative Measures (Energy and Commerce Subcommittee on Energy, Climate, and Grid Security; Tuesday at 10:00 am)
Markup of Various Legislative Measures (Transportation and Infrastructure, Tuesday at 10:00 am)
Markup of Various Legislative Measures (Financial Services, Tuesday at 10:00 am)
Open Panel with Think Tank Leaders (Intelligence, Tuesday at 10:00 am)
Every State is a Border State: Examining Secretary Mayorkas’ Border Crisis (Homeland Security, Tuesday at 10:00 am)
Uncertainty, Inflation, Regulations: Challenges for American Agriculture (Agriculture, Tuesday at 10:00 am)
Markup of Views and Estimates Letter to the Committee on the Budget, Oversight Plan for the 118th Congress, and H.R. 1163 (Tuesday at 10:00 am)
United States, China and the Fight for Global Leadership: Building a U.S National Science and Technology Strategy (Science, Space, and Technology; Tuesday at 10:00 am)
Legislative Presentation of Disabled American Veterans Before the House and Senate VSO Joint Hearing (Veterans’ Affairs, Tuesday at 10:00 am)
From Nothing to Something: The Story of the American Dream (Small Business, Tuesday at 10:00 am)
Combatting the Generational Challenge of CCP Aggression (Foreign Affairs, Tuesday at 10:00 am)
Part 1: Committee Funding for the 118th Congress (House Administration, Tuesday at 10:10 am)
Legislative Hearing (Natural Resources Subcommittee on Energy and Mineral Resources, Tuesday at 10:15 am)
Markup of Various Legislative Measures (Oversight and Accountability, Tuesday at 11:00 am)
Business Meeting to Consider the Committee's Oversight Plan for the 118th Congress (Homeland Security, Tuesday at 12:00 pm)
Markup of Various Legislative Measures (Foreign Affairs, Tuesday at 2:00 pm)
Ukraine Oversight (Appropriations Subcommittee on Defense, Tuesday at 2:00 pm)
Preparing For the Future By Learning From the Past: Examining COVID Policy Decisions (Coronavirus Pandemic, Tuesday at 2:00 pm)
Legislative Hearing (Natural Resources, Tuesday at 2:00 pm)
House Committee on Veterans' Affairs Consideration of the Authorization and Oversight Plan for the 118th Congress (Veterans’ Affairs, Tuesday at 2:00 pm)
Building an Accountable VA: Applying Lessons Learned to Drive Future Success (Veterans’ Affairs, Tuesday at 2:00 pm)
Subcommittee on Environment, Manufacturing, and Critical Materials Markup (Energy and Commerce Subcommittee on Environment, Manufacturing, and Critical Materials; Tuesday at 2:00 pm)
Promoting U.S. Innovation and Individual Liberty Through a National Standard for Data Privacy (Energy and Commerce Subcommittee on Innovation, Data, and Commerce; Wednesday at 8:30 am)
Part 2: Committee Funding for the 118th Congress (House Administration, Wednesday at 9:00 am)
The Fentanyl Crisis in America: Inaction is No Longer an Option (Judiciary Subcommittee on Crime and Federal Government Surveillance, Wednesday at 9:00 am)
Legislative Presentation of the American Legion and Multi VSOs before the House and Senate VSO Joint Hearing (Veterans’ Affairs, Wednesday at 10:00 am)
Oversight Hearing – United Nations (Appropriations Subcommittee on State, Foreign Operations, and Related Programs; Wednesday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Washington’s farewell address and nominees in the Senate: The Senate will reconvene at 3:00 pm for the reading of President George Washington’s farewell address. This is an annual tradition in the chamber dating back to 1862. Sen. James Lankford (R-OK) will deliver the address. You can see the list of senators who’ve delivered the address here. After the reading of Washington’s farewell address, the Senate will resume consideration of the nomination Jamar K. Walker to serve as a judge on the U.S. District Court for the Eastern District of Virginia. Around 5:30 pm, the Senate will vote on the cloture motion for the Walker nomination. The Senate will also consider the nominations of Jamal N. Whitehead to serve as a judge on the U.S. District Court for the Western District of Washington, Araceli Martinez-Olguin to serve as a judge on the U.S. District Court for the Northern District of California, and Margaret Guzman to serve as a judge on the U.S. District Court for the District of Massachusetts.
Fetterman is out for a while: Sen. John Fetterman (D-PA) is being treated for severe depression in the aftermath of the stroke he suffered before the Democratic Senate primary in Pennsylvania. He is likely to have lengthy stay in the hospital. Mental health is no joke, folks. Mental health is physical health. Our thoughts are with Sen. Fetterman, and we wish him the best in his recovery.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Testimony on the Conflict in Ukraine (Armed Services, Tuesday at 9:30 am)
The Equal Rights Amendment: How Congress Can Recognize Ratification and Enshrine Equality in Our Constitution (Judiciary, Tuesday at 10:00 am)
Advancing National Security and Foreign Policy Through Sanctions, Export Controls, and Other Economic Tools (Banking, Housing, and Urban Affairs; Tuesday at 10:00 am)
Nominations Hearing (Homeland Security and Governmental Affairs, Tuesday at 10:00 am)
Legislative Presentation of Disabled American Veterans (Armed Services, Veterans’ Affairs, Tuesday at 10:00 am)
Business Meeting (Foreign Relations, Tuesday at 2:30 pm)
Testimony on Global Security Challenges and Strategy (Armed Services, Wednesday at 9:30 am)
Oversight of the Department of Justice (Judiciary, Wednesday at 10:00 am)
Nominations Hearing (Environment and Public Works, Wednesday at 10:00 am)
Climate Change and the Economic Risks to Coastal Communities (Budget, Wednesday at 10:00 am)
Nominations Hearing (Commerce, Science, and Transportation; Wednesday at 10:00 am)
Farm Bill 2023: Conservation and Forestry Programs (Wednesday at 10:00 am)
Nominations Hearing (Veterans’ Affairs, Wednesday at 2:30 pm)
Nominations Hearing (Foreign Affairs, Wednesday at 2:30 pm)
Executive Business Meeting (Judiciary, Thursday at 10:00 am)
Community Health Centers: Saving Lives, Saving Money (Health, Education, Labor, and Pensions; Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Deficit watch and ten-year budget outlook: The Congressional Budget Office (CBO) reports that the budget deficit in the first four months of FY 2023 is $459 billion, about $200 billion higher than at the same point in FY 2022. Outlays are up 9 percent while revenues are down 3 percent. The CBO also released an updated version of its Budget and Economic Outlook. The budget deficit is projected to be $1.41 trillion in FY 2023, or 5.4 percent of gross domestic product (GDP). With interest rates rising and entitlement programs growing as more people retire, the budget deficit is expected to reach $2.851 trillion by FY 2033, or 7.3 percent of GDP. The average budget deficit between FY 2000 and FY 2019 was 3.9 percent of GDP. The share of the national debt held by the public is projected to grow from 98 percent in FY 2023 to 118.2 percent in FY 2033. We’re in real fiscal trouble, and few really seem to care because the culture wars are too important, apparently.
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