Deal Reached on Appropriations Toplines, Party Divisions Narrow in the House, Nominees in the Senate
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.
Before we jump into what’s happening in Congress, here’s some news on violent crime: As I noted over at DPI’s blog back in October, violent crime dropped to the pre-pandemic level in 2022. That’s really good news. In fact, the violent crime rate in 2022 was the fourth lowest rate since 1991. I’ve put a chart below that shows crime rates since 1991 from highest to lowest. I do have an asterisk (*) on 2021 because only 62.7 percent of agencies reported (covering 64.8 percent of the population). In 2022, 83.3 percent of agencies reported, covering 93.5 percent of the population. Back to the news on violent crime. Caught up between Christmas and New Year’s Day was a story that the United States should have more than 2,000 fewer homicides in 2022. This is being called “historic” and the “largest one-year decline” in homicides. I realize it’s not quite the picture that many politicians try to paint when it comes to violent crime, but the data says quite the opposite.
Welcome to the 2nd Session of the 118th Congress: The House adjourned sine die from the 1st Session at 11:55 am on Wednesday, January 3. So…well, here we go. Congress has a lot to do in just the next couple of weeks. On the agenda is funding for Israel, Ukraine, and border security and appropriations deadlines on January 19 and February 2. Those are the immediate items that we’ll get the most attention. The January 19 deadline is for Agriculture; Energy and Water; Military Constriction and Veterans Affairs (MilCon-VA); Transportation, Housing, and Urban Development (T-HUD). The remaining appropriations bills, which include Defense, fall under the February 2 deadline. Speaker Mike Johnson (R-LA) has reportedly ruled out another continuing resolution. We’ll also be watching the Home Confinement CRA, S.J.Res. 47, in the Senate, which we expect will come up later this month or early next month. Generally, we anticipate most legislating to happen between now and March, then again in September, and during the post-election lame-duck session.
There’s a deal on appropriations toplines: The first step in appropriations is done, although the process is far from over. Negotiators for the House and the Senate have agreed on a topline of $1.59 trillion, which is consistent with the FY 2024 figure in the Fiscal Responsibility Act (FRA). The breakdown is $886 billion for defense and $704 billion for nondefense. According to supporting documents from House Republicans, the agreement includes $16 billion in additional spending cuts. Those cuts come from the Internal Revenue Service and COVID-19 accounts. Again, this is an important step, but there will be fights over policy riders on several issues that could cause problems in the House. That being said, Speaker Johnson does have some momentum on his side right now that could help him as he tries to push this deal through. Keep in mind that the Senate Appropriations Committee marked up bills at a higher level than FRA.
Happy New Year! The Senate has more nominees for you: The Senate reconvenes today at 3:00 pm to resume consideration of the nomination of John A. Kazen to serve as a judge on the U.S. District Court for the Southern District of Texas. A roll call vote on the cloture motion for the Kazen nomination is expected to begin around 5:30 pm. Negotiations will continue on the Israel, Ukraine, and border security legislation. Reportedly, negotiators are getting close to a deal.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Harnessing AI to Improve Government Services and Customer Experience (Homeland Security and Governmental Affairs, Wednesday at 10:00 am)
Investing in the Future: Safeguarding Municipal Bonds from Climate Risk (Budget, Wednesday at 10:00 am)
Oversight of A.I.: The Future of Journalism (Judiciary Subcommittee on Privacy, Technology, and the Law; Wednesday at 2:00 pm)
Executive Business Meeting (Judiciary, Thursday at 10:00 am)
Examining Federal Electric Vehicle Incentives Including the Federal Government's Role in Fostering Reliable and Resilient Electric Vehicle Supply Chains (Energy and Natural Resources, Thursday at 10:00 am)
Stopping the Flow of Fentanyl: Public Awareness and Legislative Solutions (Banking, Housing, and Urban Development; Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Schedule and suspensions: The House returns on Tuesday at 2:00 pm for legislative business. Votes are postponed until 6:30 pm. Legislative business will begin at 9:00 am on Tuesday, Wednesday, and Thursday. Four (4) bills are expected to be considered under suspension of the rules. The cost estimates for those bills can be found here.
H.R. 540, Taiwan Non-Discrimination Act (Financial Services)
H.R. 803, PROTECT Taiwan Act (Financial Services)
H.R. 839, China Exchange Rate Transparency Act (Financial Services)
H.R. 4768, No Russian Agriculture Act (Financial Services)
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 on Tuesday at 4:00 pm to markup the rule providing for the consideration of the Stop Settlement Slush Funds Act, H.R. 788; the Joint Employer Rule CRA, H.J.Res. 98; the Waiver of Buy America Requirements for EV Chargers CRA, S.J.Res. 38. The Stop Settlement Slush Fund Act would prevent federal agencies from entering into civil agreements in which the other party is required to make payments to third parties. Exceptions are provided for payments made as a result of actual harm caused. The CRAs are aimed at rules published by the National Labor Relations Board and the Federal Highway Administration. Additional legislative items are possible.
Mayorkas impeachment is coming, and Hunter Biden could be held in contempt: The House Homeland Security Committee is holding a hearing on Wednesday at 10:00 am that’s likely the opening of its case for impeaching Homeland Security Secretary Alejandro Mayorkas. Reports are that this will move fast, but, from what we’ve seen, there hasn’t been a timetable given. The House Judiciary Committee will meet on Wednesday at 10:00 am to markup a resolution holding Hunter Biden in contempt for failing to appear before a closed-door deposition. Biden, who was on the Capitol grounds the day of the deposition, wanted a public hearing so that his words couldn’t be taken out of context by Members of the committee.
Party divisions in the House: With the resignation of Rep. Kevin McCarthy (R-CA) on December 31, there are 220 Republicans in the House and 213 Democrats. A simple majority is 217 and two-thirds is 289. As of today, the only vacancies in the House are CA-20 and NY-03. However, making things even more interesting, Rep. Bill Johnson (R-OH) confirmed that he will resign on January 21. Johnson’s resignation will bring the Republican majority down to 219. Although the number of votes for a simple majority and two-thirds won’t change, Speaker Johnson can lose only two votes on any bill he wants to pass with a simple majority if all members are present and voting.
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week is here.
Havoc in the Heartland: How Secretary Mayorkas’ Failed Leadership Has Impacted the States (Homeland Security and Governmental Affairs, Wednesday at 10:00 am)
Protecting Clean American Energy Production and Jobs by Stopping EPA’s Overreach (Energy and Commerce Subcommittee on Environment, Manufacturing, and Critical Materials; Wednesday at 10:00 am)
Examining the DOL Fiduciary Rule: Implications for Retirement Savings and Access (Financial Services Subcommittee on Capital Markets, Wednesday at 10:00 am)
Examining the Impact of FSOC’s Ever-changing Designation Framework on Innovation (Financial Services Subcommittee on Digital Assets, Financial Technology, and Inclusion; Wednesday at 2:00 pm)
Examining the Biden Administration’s Limits on Access to the OCS: Impacts on Consumers, States, and Operators (Natural Resources Subcommittee on Energy and Mineral Resources, Thursday at 10:00 am)
Exploitation and Enforcement Part II: Improving Enforcement in Countering Uyghur Forced Labor (Homeland Security Subcommittee on Oversight, Investigations, and Accountability; Thursday at 10:00 am)
Business Meeting (Veterans’ Affairs, Thursday at 10:00 am)
Crime on the Rise: How Lawlessness is Impacting Main Street America (Small Business, Thursday at 10:00 am)
Proposals for a Water Resources Development Act of 2024: Members’ Day Hearing (Transportation and Infrastructure Subcommittee on Water Resources and Environment, Thursday at 10:00 am)
The Impact of Illegal Immigration on Social Services (Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement; Thursday at 10:00 am)
Oversight of the Department of Housing and Urban Development and the Federal Housing Administration (Financial Services, Thursday at 10:00 am)
Safeguarding Americans' Communications: Strengthening Cybersecurity in a Digital Era (Energy and Commerce Subcommittee on Communications and Technology, Thursday at 10:00 am)
Rural Access: Is VA Meeting All Veterans Where They Live? (Veterans’ Affairs, Thursday at 10:15 am)
Lowering Costs and Increasing Access to Health Care with Employer-Driven Innovation (Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions; Thursday at 10:15 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
An update on FISA: Before the recess, Congress passed an extension of Title VII of the Foreign Intelligence Surveillance Act (FISA) in the National Defense Authorization Act for FY 2024 through April 19. Practicality, this could mean an extension of more than a year because of transition procedures in the notes for 50 U.S.C. § 1801. We’re hoping for a real debate over FISA this year, but we’re mindful that this needed debate could continue to be punted, potentially into the lame-duck session when Congress may try to sneak through an extension or the House Permanent Select Committee on Intelligence’s terrible bill.
Fortenberry’s conviction reversed: The U.S. Court of Appeals for the Ninth Circuit has reversed the conviction of former Rep. Jeff Fortenberry (R-NE). Fortenberry was convicted on three charges of making false statements in relation to alleged campaign finance violations. The court reversed the opinion because the trial venue in the U.S. District Court for the Central District of California was a violation of his right to due process. Fortenberry could still be retried.
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Great run down. Thanks.