House and Senate Get Back to Work on Appropriations, Federal Defender Services Face Big Budget Cut
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.
Got questions? I’ll give you answers: If you’ve been a subscriber for a while, you know II write Point of Order whenever at least one chamber is in session. Although I try to put a little of my personality in the newsletter, I realize that it can come across a bit impersonal. So, if you’ve got questions about what’s happening, where a bill is in the legislative process, budget projections, or why the Georgia Bulldogs are the best college football team in the nation, please reach out to me or leave a comment. If I can’t answer it, I’ll reach out to someone who can.
Changes to the House calendar: Although the weeks of October 30 and November 6 were district work periods, the House will now be in session Wednesday, November 1, to Friday, November 3, and Monday, November 6, to Thursday, November 9. As a reminder, the current CR runs through Friday, November 17.
The House finally has a Speaker: After three weeks, and four different candidates, Mike Johnson (R-LA) was elected to be the 56th Speaker of the House. House Majority Steve Scalise (R-LA) and House Judiciary Committee Chairman Jim Jordan (R-OH) failed to get the votes to win, with Jordan failing on three roll call votes on the floor. House Majority Whip Tom Emmer (R-MN) was nominated as Speaker-designate last Monday but withdrew after 26 Republicans indicated that they would vote for someone else or vote present on the floor. Emmer’s bid was further damaged when Donald Trump opened his stupid mouth after the vote and criticized Emmer. Johnson, who ran against Emmer, announced a second run for Speaker and won the job on the third ballot.
What you should know about the new Speaker: Even some of the most politically astute people don’t know who Johnson is and have been learning more over the past several days. I met Johnson a couple of times several years ago, when he served as chair of the Republican Study Committee, and found him approachable and a generally nice guy. Johnson entered Congress is January 2017 and was elected to serve as chair of the Republican Study Committee during the 116th Congress (2019-2021). He served on the Judiciary and Armed Services committees. Prior to his election as Speaker, Johnson was vice chair of the House Republican Conference. Johnson differs from someone like Jordan, in that while he’s a conservative, he’s not as much of a firebrand. However, he often resorts to standard partisan conservative rhetoric. I recall, for example, in April 2022, Johnson offered an amendment to the Kenneth P. Thompson Begin Again Act that would’ve excluded possession of fentanyl from expungement. Obviously, the issues surrounding fentanyl have been used by Republicans to hammer Democrats. It was Rep. Matt Gaetz (R-FL) who pointed out that users aren’t aware of the presence of fentanyl in the drug of which they may be in possession. The amendment was modified to include a mens rea requirement and voted down. Johnson is known for very socially conservative viewpoints that are similar to those of, say, former Vice President Mike Pence. His views on spending are stereotypically conservative. He does have views on racial issues that are a breath of fresh air for a Republican. Johnson has an adopted son who is Black, and he has indicated that he knows Black Americans have different experiences than White Americans. I recall being told that Johnson was a voice of reason in the intraparty discussion on policing reform in 2020. Some on the far-right have taken issue with the fact that Johnson said George Floyd was murdered. Johnson, of course, signed the amicus brief in support of Texas’ to the results of the 2020 presidential election in Pennsylvania, Georgia, Michigan, and Wisconsin and voted against the certification of electors in Arizona and Pennsylvania. He was also part of the defense team in both of Trump’s impeachments.
Nominees and appropriations in the Senate: The Senate returns today at 3:00 pm to resume consideration of Matthew James Maddox to serve as a judge on the U.S. District Court for the District of Maryland. A roll call vote on the cloture motion for the Maddox nomination is expected to begin around 5:30 pm. The nomination of Jacob J. Lew to be U.S. Ambassador to the State of Israel may also be considered this week, as the cloture motion has been filed. The Senate will also turn its attention back to the Military Construction-Veterans Affairs, Agriculture, and Transportation and Housing and Urban Development appropriations minibus, which finally became unstuck last week after an agreement was reached on amendments. The vehicle for this minibus is H.R. 4366. The Senate is expected to continue to process the minibus this week.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Foster Children in the Courts (Judiciary Subcommittee on Human Rights and the Law, Field Hearing in Atlanta, Monday at 10:00 am)
A Review of the National Security Supplemental Request (Appropriations, Tuesday at 9:30 am)
AI and the Future of Work: Moving Forward Together (Health, Education, Labor, and Pensions Subcommittee on Employment and Work Safety; Tuesday at 10:00 am)
Threats to the Homeland (Homeland Security and Governmental Affairs, Tuesday at 10:00 am)
Nominations Hearing (Judiciary, Wednesday at 10:00 am)
The Science of Extreme Event Attribution: How Climate Change Is Fueling Severe Weather Events (Environment and Public Works, Wednesday at 10:00 am)
The Great Outdoors: Small Businesses and America’s Outdoor Recreation Economy (Small Business and Entrepreneurship, Wednesday at 2:30 pm)
Ongoing Threats to Election Administration (Rules and Administration, Wednesday at 3:00 pm)
Nominations Hearing (Homeland Security and Governmental Affairs, Thursday at 10:00 am
Executive Business Meeting (Judiciary, Thursday at 10:00 am)
Nomination Hearing (Finance, Thursday at 10:00 am)
Ensuring Financial Protection for Servicemembers, Veterans, and Their Families (Banking, Housing, and Urban Affairs; 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 Wednesday at 2:00 pm for legislative business. Votes are postponed until 6:30 pm. Legislative business will begin at 9:00 am on Thursday and Friday. Six bills are expected to be considered under suspension of the rules. The cost estimates for those bills can be found here.
H.R. 340, Hamas International Financing Prevent Action (Foreign Affairs Committee)
H.R. 3266, Peace and Tolerance in Palestinian Education Act (Foreign Affairs Committee)
H.R. 3774, SHIP Act (Foreign Affairs Committee)
H. Res. 559, Declaring it is the policy of the United States that a nuclear Iran is not acceptable (Foreign Affairs Committee)
H.Res.599, Urging the European Union to designate Hizballah in its entirety as a terrorist organization (Foreign Affairs Committee)
H. Res. 798, Condemning the support of Hamas, Hezbollah, and other terrorist organizations at institutions of higher education, which may lead to the creation of a hostile environment for Jewish students, faculty, and staff (Education and the Workforce 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 is expected to consider the Legislative Branch Appropriations Act for FY 2024, H.R. 4364; the Department of the Interior, Environment, and Related Agencies Appropriations Act for FY 2024, H.R. 4821; and the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for FY 2024, H.R. 4820. H.Res. 756 has already passed the House and provides for consideration of the Legislative Branch Appropriations Act for FY 2024. It’s a closed rule, so no amendments will be considered. The House Rules Committee will meet at some point to markup the rule providing for consideration of the Department of the Interior, Environment, and Related Agencies Appropriations Act for FY 2024 and the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for FY 2024. More than 250 amendments have been filed to the Interior approps bill and more than 170 amendments have been filed to T-HUD. It’s fair to be skeptical that the House will get all three done in only three legislative days, but we’ll see. Additional legislative items are possible.
Up to three privileged resolutions could be on the floor this week: Last week, Rep. Anthony D’Esposito (R-NY) filed his intent to offer his resolution, H.Res. 773, to expel Rep. George Santos (R-NY) from the House. On Friday, Santos pled not guilty to 23 counts in the superseding indictment filed by the U.S. Attorney's Office in the Eastern District of New York. It takes two-thirds of the House to expel a member, or 289 votes if all members are present and voting. Rep. Marjorie Taylor Greene (R-GA) is expected to offer a resolution, H.Res. 807, to censure Rep. Rashida Tlaib (D-MI) for her criticism of Israel’s response to the terrorist attacks committed by Hamas. Finally, Rep. Becca Balint (D-VT) is likely to bring her resolution, H.Res. 610, censuring Greene. This is in response to Greene’s resolution against Tlaib. Balint’s resolution includes more than three dozen specific issues with Greene, including antisemitism, associating with white nationalists, and xenophobia. So, the fun times in the House continue. (That’s sarcasm.) Each of the resolution could be tabled by a simple majority.
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week is here.
Examining the SEC’s Agenda: Unintended Consequences for U.S. Capital Markets and Investors (Financial Services Subcommittee on Capital Markets, Thursday at 10:00 am)
Trust in Transparency: Holding VA Accountable and Protecting Whistleblowers (Veterans’ Affairs Subcommittee on Oversight and Investigations, Thursday at 10:00 am)
The Factors Influencing the High Cost of Insurance for Consumers (Financial Services Subcommittee on Housing and Insurance, Thursday at 2:00 pm)
Member Day (Judiciary, Friday at 9:00 am)
Member Day (Foreign Affairs, Friday at 11:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Federal defenders face a big funding cut: One of the issues in the approach in the House and Senate Financial Services and General Government (FSGG) appropriations bills relies on FY 2023 funding levels. Defender Services had a carryforward of approximately $110 million from FY 2022. Congress took that carryforward into account when appropriating for FY 2023 but hasn't raised funding levels for FY 2024 back to the appropriate amount. As a result, the House FSGG bill underfunds Defender Services by $108 million while the Senate bill underfunds it by $136 million. Defender Services provided a crucial constitutionally required service. Under the proposed levels, Defender Services could see up to a 12 percent reduction in its workforce. Making this even more of a nightmare situation for Defender Service is that the U.S. Sentencing Commission voted in August to make its recent Guideline amendments retroactive. The Guidelines change is good news, to be clear, but the funding cuts will slow the process. There’s bipartisan support in the House to roll back the cuts, but success is far from guaranteed. The estimate is that 18,767 people could see changes to their sentencing range. These motions are usually made by the defendant through their attorney, including public defenders. It’s likely more will make motions than those who are eligible. That has always been the case. This influx of cases could begin this week, so the funding issue has become even more of a pressing matter.
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