House Takes Up FAA Reauthorization, Appropriations on Deck, NDAA in the Senate, Deficit Hovering Around $1.4 Trillion in FY 2023
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.
Schedule and suspensions in the House: The House returns today 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 Tuesday at 10:00 am, Wednesday at 9:00 am, and Thursday at 9:00 am. Last votes for the week are expected no later than 3:00 pm on Thursday. Three bills will be considered under suspension of the rules. The cost estimates for those bills can be found here.
S. 111, Providing Accountability Through Transparency Act (Judiciary Committee)
H.R. 1418, Animal Drug and Animal Generic Drug User Fee Amendments (Energy and Commerce Committee)
H.R. 813, Global Investment in American Jobs Act (Energy and Commerce Committee)
H.R. 752, Securing Semiconductor Supply Chains 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 4:00 pm to markup the rule for the Schools Not Shelters Act, H.R. 3941, and the Securing Growth and Robust Leadership in American Aviation Act, H.R. 3935. The Schools Not Shelters Act would prohibit public elementary or secondary schools, colleges, and universities that receive federal funding from providing shelter to individuals who entered the United States unlawfully. It’s worth noting that the Supreme Court, in Plyler v. Doe (1982), ruled that public education extends to individuals who are in the United States unlawfully. The Securing Growth and Robust Leadership in American Aviation Act would reauthorize the Federal Aviation Administration. Although the Securing Growth and Robust Leadership in American Aviation Act was approved by the House Transportation and Infrastructure Committee in a 63 to 0 vote, it’s coming to the floor under a rule. More than 350 amendments have been filed to the bill. The cost estimate for the bill is here.
Other legislation that may be considered: It’s possible that the House will consider several joint resolutions relating to national emergencies declared between 2003 and 2011. These are H.J. Res. 68 (Executive Order 13413 relating to the Congo), H.J. Res. 70 (Executive Order 13566 relating to Libya), H.J. Res. 71 (Executive Order 13303 relating to Iraq), H.J. Res. 74 (Executive Order 13611 relating to Yemen), and H.J. Res. 79 (Executive Order 13338 relating to Syria). This push is mostly about Congress failing to exercise its power under the National Emergencies Act. The Senate would have to pass the joint resolutions, and President Biden would have to sign them. It’s worth noting that there’s a bipartisan push for reform via the ARTICLE ONE Act, H.R. 3988 and S. 1912.
Joint session on Wednesday: The House and Senate will hold a Joint Session on Wednesday at 11:00 pm to receive the President of Israel, Isaac Herzog.
Coming soon: The House Rules Committee has posted the text of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, H.R. 4368; and the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, H.R. 4366. These bills are two of the 12 appropriations bills for FY 2024. I have a really hard time believing that the House will get through the appropriations before the end of FY 2023. There are only 16 legislative days scheduled between July 25 and September 30. Considering that the funding levels are significantly lower than those set in the Fiscal Responsibility Act, the Senate just ain’t going to consider whatever bills are passed by the House. More likely than not we’re looking at a continuing resolution until some point in December.
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week is here.
Man and Machine: Artificial Intelligence on the Battlefield (Armed Services Subcommittee on Cyber, Information Technologies, and Innovation; Tuesday at 9:00 am)
Markup of Various Legislative Measures (Small Business, Tuesday at 9:45 am)
Achieving Peace through Strength in the Indo-Pacific: Examining the FY24 Budget Priorities (Foreign Affairs Subcommittee on the Subcommittee on the Indo-Pacific, Tuesday at 10:00 am)
American Nuclear Energy Expansion: Updating Policies for Efficient, Predictable Licensing and Deployment (Energy and Commerce Subcommittee on Energy, Climate, and Grid Security; Tuesday at 10:00 am)
Cancelling Consumer Choice: Examining the Biden Administration’s Regulatory Assault on Americans’ Home Appliances (Oversight and Accountability Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs; Tuesday at 10:00 am)
Strategic Competition in the Arctic (Homeland Security Subcommittee on Transportation and Maritime Security, Tuesday at 10:00 am)
Climate-Risk: Are Financial Regulators Politically Independent? (Financial Services Subcommittee on Financial Institutions and Monetary Policy, Tuesday at 10:00 am)
Oversight of the SEC’s Division of Corporation Finance (Financial Services Subcommittee on Capital Markets, Tuesday at 10:00 am)
Compliance with Committee Oversight (Judiciary Subcommittee on Responsiveness and Accountability to Oversight, Tuesday at 10:00 am)
Is There a Right to Repair? (Judiciary Subcommittee on Courts, Intellectual Property, and the Internet; Tuesday at 10:00 am)
Cutting Corners at WHD: Examining the Cost to Workers, Small Businesses, and the Economy (Education and the Workforce Subcommittee on Workforce Protections, Tuesday at 10:15 am)
Innovation Saves Lives: Evaluating Medicare Coverage Pathways for Innovative Drugs, Medical Devices, and Technology (Energy and Commerce Subcommittee on Health, Tuesday at 10:30 am)
Markup of Fiscal Year 2024 Transportation, Housing and Urban Development, and Related Agencies Bill (Appropriations, Tuesday at 10:30 am)
The Dire State of Religious Freedom Around the World (Foreign Affairs Subcommittee on Global Health, Global Human Rights, and International Organizations; Tuesday at 10:30 am)
Getting Nowhere: DoD’s Failure to Replace the Defense Travel System (Oversight and Accountability Subcommittee on Cybersecurity, Information Technology, and Government Innovation; Tuesday at 1:00 pm)
Opening the Flood Gates: Biden’s Broken Border Barrier (Homeland Security Subcommittees on Border Security and Enforcement and Oversight, Investigations, and Accountability; Tuesday at 2:00 pm)
Why Expanding Medicaid to DACA Recipients Will Exacerbate the Border Crisis (Oversight and Accountability Subcommittee on Health Care and Financial Services, Tuesday at 2:00 pm)
Potential Consequences of FinCEN’s Beneficial Ownership Rulemaking (Financial Services Subcommittee on National Security, Illicit Finance, and International Financial Institutions; Tuesday at 2:00 pm)
Examining Emerging Threats to Electric Energy Infrastructure (Oversight and Accountability Subcommittee on Oversight and Investigations, Tuesday at 2:00 pm)
Great Power Competition Implications in Africa: The Russian Federation and Its Proxies (Foreign Affairs Subcommittee on Africa, Tuesday at 2:00 pm)
Stability and Security in the Western Balkans: Assessing U.S. Policy (Foreign Affairs Subcommittee on Europe, Tuesday at 2:00 pm)
Markup of Various Legislative Measures (Judiciary, Wednesday at 9:00 am)
Burdensome Red Tape: Overregulation in Health Care and the Impact on Small Businesses (Small Business Subcommittee on Oversight, Investigations, and Regulations; Wednesday at 9:30 am)
Markup of Fiscal Year 2024 Interior, Environment, and Related Agencies Bill (Appropriations, Wednesday at 10:00 am)
Hearing with IRS Whistleblowers About the Biden Criminal Investigation (Oversight and Accountability, Wednesday at 1:00 pm)
Biden and Mayorkas’ Open Border: Advancing Cartel Crime in America (Homeland Security, Wednesday at 2:00 pm)
Oversight of the U.S. Capitol Police Office of Inspector General (House Administration Subcommittee on Oversight, Wednesday at 2:00 pm)
Members’ Day (Science, Space, and Technology; Wednesday at 2:00 pm)
Biden's Global Tax Surrender Harms American Workers and Our Economy (Ways and Means Subcommittee on Tax, Wednesday at 2:00 pm)
The Biden Administration's PRC Strategy (Strategic Competition Between the United States and the Chinese Communist Party, Thursday at 8:00 am)
Hearing (Weaponization of the Federal Government, Thursday at 9:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
NDAA is up in the Senate: The Senate convenes on Tuesday at 3:00 pm to resume consideration of the nomination of Rachel Bloomekatz to serve as a judge on the U.S. Court of Appeals for the Sixth Circuit. Cloture has already been invoked on Bloomekatz’s nomination. Around 5:30 pm, the Senate will begin a two-vote series. The first vote is on Bloomekatz’s confirmation. The second is cloture on the motion to proceed to the National Defense Authorization Act (NDAA) for FY 2024, S. 2226. This is a three-fifths threshold, or 60 votes. I haven’t heard much about what the amendment process for NDAA will look like in the Senate, but I imagine that processing this bill will take this week and at least most of next week, finishing it right before the beginning of the August recess. As of this morning, well over 600 amendments had been filed.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Russia’s Alpine Assets: Money Laundering and Sanctions Evasion in Switzerland (Helsinki Commission, Tuesday at 1:00 pm)
Business Meeting (Homeland Security and Governmental Affairs, Wednesday at 9:30 am)
A Review of the Fiscal Year 2024 Budget for the U.S. Securities and Exchange Commission (Appropriations Subcommittee on Financial Services and General Government, Wednesday at 2:45 pm)
Trends in Vertical Merger Enforcement (Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights; Wednesday at 2:45 pm)
Rural Water: Modernizing Our Community Water Systems (Agriculture, Nutrition, and Forestry Subcommittee on Rural Development and Energy; Wednesday at 3:00 pm)
Business Meeting (Small Business and Entrepreneurship, Wednesday at 3:00 pm)
Nominations Hearing (Armed Services, Thursday at 9:00 am)
Laying the Foundation: Housing Accessibility and Affordability for Older Adults and People with Disabilities (Aging, Thursday at 9:30 am)
NOAA Budget Oversight (Commerce, Science, and Transportation Subcommittee on Oceans, Fisheries, Climate Change, and Manufacturing; Thursday at 9:30 am)
The Water Resources Development Act of 2024: Non-Federal Stakeholder Views (Environment and Public Works, Thursday at 9:30 am)
Executive Business Meeting (Judiciary, Thursday at 9:30 am)
America’s Supply Chain Security: Understanding and Mitigating Threats (Homeland Security and Governmental Affairs, Thursday at 10:00 am)
The Cost of Inaction and the Urgent Need to Reform the U.S. Transplant System (Finance Subcommittee on Health Care, Thursday at 10:00 am)
Perspectives on Deposit Insurance Reform after Recent Bank Failures (Banking, Housing, and Urban Affairs; Thursday at 10:00 am)
Markup of the Pandemic and All-Hazards Preparedness Act (Health, Education, Labor, and Pensions; Thursday at 10:30 am)
Markup of Fiscal Year 2024 Energy and Water Development, State and Foreign Operations, Transportation, Housing, and Urban Development 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.
Deficit watch: The budget deficit through June of FY 2023 is $1.39 trillion. That’s an increase of $875 billion from the same point in FY 2022. Revenues are down 11 percent while outlays are up by 10 percent. As has been the trend, a decline in individual income tax receipts is contributing to the decrease in revenues. Medicare, Medicaid, Social Security, and interest on the debt represent roughly 83 percent of the increase in year-over-year outlays. When someone tells you discretionary spending is the problem, they’re basically lying to you.
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