House Moves Forward With Appropriations, Senate to Complete NDAA, August Recess Looms
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.
August recess looms: Every year a few members of both chambers make a push to work through at least some of the August recess. This year has been no different. Honestly, I wouldn’t be surprised if there were a few days added to the calendar next week in one or both chambers. Why not, right? I mean, the House obviously needs a few more days to pass its appropriations bills that are dead on arrival in the Senate. If the Senate doesn’t finish NDAA this week, it could push into next week to get it done. Either way, Emily, the kid, and I are heading to Atlanta on Friday to visit my family, go to the Georgia Aquarium and the World of Coke (Pepsi is better), grab some good barbecue, and watch the Atlanta Braves play the Anaheim Angels. If either chamber, or both, decides to cut into the August recess for a few days, there won’t be a Point of Order to tell you about it.
Schedule and suspensions in the House: The House returns on Tuesday at 2:00 pm for legislative business. First and last votes today are expected to begin at 6:30 pm. Legislative business will begin on Wednesday at 10:00 am, Thursday at 10:00 am, and Friday at 9:00 am. Last votes for the week are expected no later than 3:00 pm on Friday. Thirteen (13) bills will be considered under suspension of the rules. I believe that’s the most suspensions we’ve seen in a week since Republicans took over the chamber. The cost estimates for those bills can be found here.
H.R. 3203 – Stop Chinese Fentanyl Act (Foreign Affairs Committee)
H.R. 1684 – Haiti Criminal Collusion Transparency Act (Foreign Affairs Committee)
H.R. 1176 – Taiwan International Solidarity Act (Foreign Affairs Committee)
H.R. 3395 – U.S. Supply Chain Security Review Act (Transportation and Infrastructure Committee)
H.R. 3399 – Soo Locks Security and Economic Reporting Act (Transportation and Infrastructure Committee)
H.R. 682 – Launch Communications Act (Energy and Commerce Committee)
H.R. 1338 – Satellite and Telecommunications Streamlining Act (Energy and Commerce Committee)
H.R. 1345 – NTIA Policy and Cybersecurity Coordination Act (Energy and Commerce Committee)
H.R. 2544 – Securing the U.S. Organ Procurement and Transplantation Network Act (Energy and Commerce Committee)
H.R. 752 – Securing Semiconductor Supply Chains Act (Energy and Commerce Committee)
H.R. 1501 – UAS Act, as amended (Homeland Security Committee)
H.R. 3254 – First Responder Access to Innovative Technologies Act (Homeland Security Committee)
H.R. 4470 – Protecting and Securing Chemical Facilities from Terrorist Attacks Act (Homeland Security 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 on Tuesday at 3:00 pm to markup the rule(s) for the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, H.R. 4368; and the Military Construction, Veterans Affairs, ad Related Agencies Appropriations Act, H.R. 4366. More than 150 amendments have been filed to the Agriculture approps bill and more than 80 were filed to MilCon-VA. I’m sure you’re shocked to know that culture war nonsense is very much present in many of the filed amendments. Presumably, we’ll see a more open amendment process than we’ve seen on appropriations bills in past years. The House may also consider two CRAs this week, the Lesser Prairie Chicken CRA, S.J.Res. 9, and the Northern Long-Eared Bat CRA, S.J.Res. 24. Both CRAs have already passed the Senate, so the House is the last stop before President Biden’s desk. The White House has issued statements of administration policy against both CRAs. See here and here.
More on appropriations: The White House has issued veto threats for H.R. 4368 and H.R. 4366. No surprise there. The spending levels are below what was agreed to in the Fiscal Responsibility Act (FRA), which is the first thing mentioned in the statements of administration policy. There are culture war- and climate change-related riders in the bills that are nonstarters for the White House. The spending levels, though, are what we need to discuss here. The House will consider appropriations bills that, combined, spend $1.471 trillion rather than the FY 2024 discretionary spending cap of $1.781 trillion agreed to in FRA. That $1.781 trillion is still a $70 billion cut relative to the baseline provided by the Congressional Budget Office. However, the Senate Appropriations Committee is pushing an additional $13.7 billion above the cap for FY 2024 established by FRA. Sigh. The House isn’t going to get the $1.471 trillion number in the Senate. They know that. The Senate isn’t going to get above FRA in the House. They know that. Discretionary spending is roughly 30 percent of all federal spending. No one is paying attention to mandatory spending, which includes entitlement programs. Both parties have the same plan for these programs: let them go bankrupt. A pox on everyone’s house.
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 H.R. 4822 and H.R. 3284 (Ways and Means, Wednesday at 10:00 am)
Rural Entrepreneurship: Examining the Challenges and State of Rural Small Businesses (Small Business, Wednesday at 10:00 am)
Markup of Various Legislative Measures (Financial Services, Wednesday at 10:00 am)
Stopping the Exploitation of Migrant Children: Oversight of HHS' Office of Refugee Resettlement (Energy and Commerce Subcommittee on Oversight and Investigations, Wednesday at 10:00 am)
Oversight of the U.S. Department of Homeland Security (Judiciary, Wednesday at 10:00 am)
Unidentified Anomalous Phenomena: Implications on National Security, Public Safety, and Government Transparency (Oversight and Accountability Subcommittee on National Security, the Border, and Foreign Affairs; Wednesday at 10:00 am)
Markup of Various Legislative Measures (Foreign Affairs, Wednesday at 10:00 am)
Generational Learning Loss: How Pandemic School Closures Hurt Students (Education and the Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education; Wednesday at 10:15 am)
Self-Driving Vehicle Legislative Framework: Enhancing Safety, Improving Lives and Mobility, and Beating China (Energy and Commerce Subcommittee on Innovation, Data, and Commerce; Wednesday at 10:30 am)
The Real Cost of an Open Border: How Americans Are Paying the Price (Homeland Security Subcommittees on Border Security and Enforcement and Counterterrorism, Law Enforcement, and Intelligence; Wednesday at 2:00 pm)
Oversight of the Capitol Police Board (House Administration, Wednesday at 3:30 pm)
Commanding Heights: Ensuring U.S. Leadership in the Critical and Emerging Technologies of the 21st Century (Strategic Competition Between the United States and the Chinese Communist Party, Wednesday at 7:00 pm)
Oversight and Reauthorization of the Office of National Drug Control Policy (Oversight and Accountability, Thursday at 10:00 am)
A Failure to Plan: Examining the Biden Administration’s Preparation for the Afghanistan Withdrawal (Foreign Affairs Subcommittee on Oversight and Accountability, Thursday at 10:00 am)
The Dangers and Due Process Violations of 'Gender-Affirming Care' for Children (Judiciary Subcommittee on the Constitution and Limited Government, Thursday at 10:00 am)
Oversight of the Drug Enforcement Administration (Judiciary Subcommittee on Crime and Federal Government Surveillance, Thursday at 10:00 am)
Markup of H.R. 4763, Financial Innovation and Technology for the 21st Century Act (Agriculture, Thursday at 10:00 am)
Lowering Costs and Increasing Value for Students, Institutions, and Taxpayers (Education and the Workforce Subcommittee on Higher Education and Workforce Development, Thursday at 10:15 am)
The Employee Retention Tax Credit Experience: Confusion, Delays, and Fraud (Ways and Means Subcommittee on Oversight, Thursday at 2:00 pm)
Because I Said So: Examining the Science and Impact of COVID-19 Vaccine Mandates (Coronavirus Pandemic, Thursday at 2:00 pm)
Hemp in the Modern World: The Yearslong Wait for FDA Action (Oversight and Accountability Subcommittee on Health Care and Financial Services, Thursday at 2:00 pm)
Colombia's Descent to Socialism: Assessing Gustavo Petro's Presidency (Foreign Affairs Subcommittee on the Western Hemisphere, Thursday at 2:00 pm)
Illicit IT: Bankrolling Kim Jong Un (Foreign Affairs Subcommittee on the Indo-Pacific, Thursday at 2:00 pm)
If you’re interested in watching any of these hearings online, you can find committee websites here.
NDAA work continues in the Senate: The Senate returns at 3:00 pm on Tuesday to resume consideration of the National Defense Authorization Act (NDAA) for FY 2024, S. 2226. Thus far, 15 of the 872 amendments filed have been proposed on the Senate floor, ten of which have been agreed to. Three have been rejected. Around 5:30 pm, the Senate will begin a two-vote series on the adoption of S.Amdt. 931 and S.Amdt. 813 to NDAA. These amendments have a three-fifths, or 60-vote threshold, for adoption. I’d expect consideration of NDAA to continue throughout the week.
Last-minute nominations push: There will undoubtedly be a last-minute push to get nominations and military promotions through the Senate before the August recess begins. This has been routine, but it may not be this year. I’ve kept forgetting to mention the holds that Sen. Tommy Tuberville (R-AL) has on more than 200 military promotions. In my experience, these promotions aren’t usually held hostage the way other nominations are. Tuberville, who is in the third year of his first term, has placed holds on the routine promotions over the Department of Defense’s abortion policy in the aftermath of the Dobbs ruling. Tuberville’s holds on the military promotions may stall any significant agreement on bipartisan nominations and promotions that may happen by the end of the work 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.
Oversight of A.I.: Principles for Regulation (Judiciary Subcommittee on Privacy, Technology, and the Law; Tuesday at 3:00 pm)
Nominations Hearing (Judiciary, Wednesday at 10:00 am)
Business Meeting (Homeland Security and Governmental Affairs, Wednesday at 9:00 am)
Nominations Hearing (Armed Services, Wednesday at 9:00 am)
Examining Opportunities for Congress to Reform the Process for Permitting Electric Transmission Lines, Pipelines, and Energy Production on Federal Lands (Energy and Natural Resources, Wednesday at 9:30 am)
Taking Account of Fees and Tactics Impacting Americans’ Wallets (Banking, Housing, and Urban Affairs; Wednesday at 9:30 am)
Beyond the Breaking Point: The Fiscal Consequences of Climate Change on Infrastructure (Budget, Wednesday at 9:40 am)
Pathways to Women’s Entrepreneurship: Understanding Opportunities and Barriers (Small Business and Entrepreneurship, Wednesday at 10:00 am)
U.S. Economic Security: Addressing Economic Coercion and Increasing Competitiveness (Foreign Relations, Wednesday at 10:00 am)
Markup of S. ___, the Primary Care and Health Workforce Expansion Act Health, Education, Labor, and Pensions; Wednesday at 10:30 am
Open Executive Session to Consider the Modernizing and Ensuring PBM Accountability (MEPA) Act (Finance, Wednesday at 2:00 pm)
Oversight of the United States Patent Office (Judiciary Subcommittee on Intellectual Property, Wednesday at 2:30 pm)
Cleaner Trains: Opportunities for Reducing Emissions from America’s Rail Network (Environment and Public Works, Wednesday at 2:30 pm)
Nominations Hearing (Foreign Affairs, Wednesday at 2:30 pm)
Oversight of the Capitol Police Board (Rules and Administration, Wednesday at 3:30 pm)
Testimony on Potential Budgetary Efficiencies Achieved Through Improvement to Management and Planning Processes Within Department of Defense Personnel Programs (Armed Services Subcommittee on Personnel, Wednesday at 4:00 pm)
Executive Business Meeting (Judiciary, Thursday at 10:00 am)
Markup of Various Legislative Measures (Health, Education, Labor, and Pensions; Thursday at 10:00 am)
Executive Session (Commerce, Science, and Transportation; Thursday at 10:00 am)
Markup of Fiscal Year 2024 Defense, Interior and Environment, Labor, Health and Human Services, Education, and Homeland Security Appropriations Acts (Appropriations, Thursday at 10:30 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
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