No One Can Honestly Tell You What's Happening on Government Funding, Nominations in the Senate, and Impeachment Inquiry
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.
¯\_(ツ)_/¯: Well, the House didn’t get to the Department of Defense Appropriations Act, H.R. 4365, last week after the House Freedom Caucus threatened to withhold votes for the rule governing consideration of the bill on the floor. None of the other pending appropriations bills were considered either. On Sunday, though, Speaker Kevin McCarthy (R-CA) said that he would put the defense approps bill on the floor this week to put members on the record. That shows you how bitter things are right now. This comes only a few days after the Speaker told far-right conservatives in his conference in a closed-door meeting to “move the f***ing motion” to remove him from his post. This has been a persistent threat that Speaker McCarthy has faced from some House Freedom Caucus members since winning his post in January after 15 rounds of voting. His loudest and most aggressive agitator, Rep. Matt Gaetz (R-FL), responded to the Speaker’s comments in a floor speech the same day. The Senate got through initial routine procedural hurdles to process the vehicle, H.R. 4366, for the Military Construction-Veterans Affairs, Agriculture, and Transportation and Housing and Urban Development appropriations minibus. However, movement on the minibus was stalled after Sen. Ron Johnson (R-WI) objected to a unanimous consent request on amendments. The Senate’s hopes of jamming the House have been dashed, at least for now.
But House may actually pass something this week. Maybe? Possibly? We’ll see.: We got word last week that there were negotiations in the House between the House Freedom Caucus and moderates in the Republican Main Street Partnership on a short-term continuing resolution (CR) with a bunch of other policy riders. (Because it’s perfectly fine to load up a bill with items unrelated to funding the government when it’s stuff you want.) Anyway, a deal was reached on Sunday. The CR funds the federal government but cuts nondefense and veterans spending by 1 percent through October 31. (So, we’ll be back here in a month.) The annualized rate is $1.590 trillion. This is the exact same topline for FY 2024 that was included in the Fiscal Responsibility Act. All but a handful of House Freedom Caucus members voted against that spending level when the Fiscal Responsibility Act came to the floor in May. The deal also includes the text of the Secure the Border Act, H.R. 2, but it excludes the E-Verify provisions of that bill, extends some immigration policies that are set to expire on October 1, and includes other immigration-related policy riders. It’s not clear that Republican leadership will have the votes to pass this.
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 10:00 am, and Thursday at 9:00 am. Last votes for the week are expected no later than 3:00 pm on Thursday. The House is not in session on Friday. Nine (9) bills will be considered under suspension of the rules. The cost estimates for the bills that will be considered under the suspension of the rules are available here.
H.R. 3371, Wounded Knee Massacre Memorial and Sacred Site Act (Natural Resources Committee)
H.R. 2872, To amend the Permanent Electronic Duck Stamp Act of 2013 to allow States to issue electronic stamps under such Act, and for other purposes (Natural Resources Committee)
H.R. 663, Native American Child Protection Act (Natural Resources Committee (Veterans’ Affairs Committee)
H.R. 3981, Veterans Education Oversight Expansion Act (Veterans’ Affairs Committee)
Veterans Benefits Improvement Act (Veterans’ Affairs Committee)
S. 112, To amend title 38, United States Code, to strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes (Veterans’ Affairs Committee)
H.R. 1590, To designate the clinic of the Department of Veterans Affairs in Gallup, New Mexico, as the Hiroshi “Hershey” Miyamura VA Clinic (Veterans’ Affairs Committee)
S. 475, To designate the clinic of the Department of Veterans Affairs in Gallup, New Mexico, as the Hiroshi ‘‘Hershey’’ Miyamura VA Clinic (Veterans’ Affairs Committee)
H.R. 5378, Lower Costs, More Transparency 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 Unlocking Our Domestic LNG Potential Act, H.R. 1130, and a resolution condemning the actions of Governor of New Mexico, Michelle Lujan Grisham, for subverting the Second Amendment to the Constitution and depriving the citizens of New Mexico of their right to bear arms, H.Res. 684. It’s entirely possible that the defense appropriations bill, H.R. 4365, and/or the CR deal that was reached over the weekend could be on the floor. (We say “and/or” because it’s not clear whether defense is included in the deal or if it will be passed separately.)
Sigh. Impeachment has lost all meaning.: In an effort to appease the far-right members of his conference, Speaker McCarthy announced the launch of a “formal impeachment inquiry” into President Biden that will be led by the House Oversight and Accountability Committee, with assistance from the House Judiciary Committee and the House Ways and Means Committee. Although Oversight, Judiciary, and Ways and Means have investigated President Biden, Hunter Biden, and other members of the Biden family’s financial dealings for months, there hasn’t been any evidence presented of wrongdoing. There’s a lot of conjecture and hearsay. Rep. Ken Buck (R-CO), who is one of the most conservative members of the chamber, says the lack of evidence is one of the reasons he doesn’t support impeachment. Interestingly, I’ve been told that an impeachment inquiry opens up broader investigatory powers that weren’t there before. Since all it takes is a snap of the Speaker’s fingers, apparently, I find that claim highly suspect. Now, in practice, a formal impeachment inquiry takes a vote of the House. Speaker McCarthy isn’t doing that. Then-Speaker Pelosi didn’t do that in 2019 when she launched an impeachment inquiry into then-President Trump. Speaker McCarthy criticized her for that at the time, but he’s doing the exact same thing. In the past, a vote to launch an impeachment inquiry was meant to show that there was bipartisan support. There also hasn’t been an impeachment inquiry into a president, formal or not, that didn’t lead to impeachment or a resignation. (President Nixon resigned before he could be impeached, but the House had launched an inquiry in strong bipartisan fashion. The impeachment inquiry into President Clinton was also bipartisan. The impeachment itself was also bipartisan.) I’ll also note that Federalist No. 65 suggests that impeachment is reserved only for high crimes and misdemeanors committed while in office, not before. Bottom line, this is a distraction and a waste of time. If the House leadership manages to find the votes for impeachment, and the chamber does wind up impeaching President Biden, the Senate will acquit him, likely quickly, and I’d wager that acquittal will be bipartisan.
Scalise is back: As you might have heard, House Majority Leader Steve Scalise (R-LA) was diagnosed in August with a treatable form of blood cancer. He returned to the Capitol late last week for the first time since his diagnosis and is currently undergoing chemotherapy. We truly wish Leader Scalise the best as he fights cancer. Dude has been through a lot over the past several years.
Stewart leaves Congress: As we mentioned back in June, Rep. Chris Stewart (R-UT) announced his plans to resign in September. The reason for his resignation, which I learned while writing this, is his wife had a stroke, and he has decided to remain at home to care for her. Stewart’s retirement was official on Friday. The divisions in the House are now 221 Republicans and 212 Democrats. The vacancies are, obviously, UT-02 and RI-01. Special elections to fill the vacancies for both seats will take place in November.
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week is here.
Efforts to Address Ritual Abuse and Sacrifice in Africa (Foreign Affairs Subcommittee on Global Health, Global Human Rights, and International Organizations; Tuesday at 10:00 am)
Evaluating CISA’s Federal Civilian Executive Branch Cybersecurity Programs (Homeland Security Subcommittee on Cybersecurity and Infrastructure Protection, Tuesday at 10:00 am)
Chips on the Table: A one year review of the Chips and Science Act (Science, Space, and Technology; Tuesday at 10:00 am)
The Role of Pharmacy Benefit Managers in Prescription Drug Markets Part II: Not What the Doctor Ordered (Oversight and Accountability, Tuesday at 10:00 am)
Reduced Care for Patients: Fallout from Flawed Implementation of Surprise Medical Billing Protections (Ways and Means, Tuesday at 10:00 am)
Examining Policies to Improve Seniors' Access to Innovative Drugs, Medical Devices, and Technology (Energy and Commerce Subcommittee on Health, Tuesday at 10:00 am)
FEMA: The Current State of Disaster Readiness, Response, and Recovery (Transportation and Infrastructure Subcommittee on Economic Development, Public Buildings, and Emergency Management; Tuesday at 10:00 am)
Oversight of the SEC’s Division of Investment Management (Financial Services Subcommittee on Capital Markets, Tuesday at 10:00 am)
Academic Freedom Under Attack: Loosening the CCP's Grip on America's Classrooms (Education and the Workforce Subcommittee on Early Childhood, Elementary, and Second Education; Tuesday at 10:15 am)
VA’s Federal Supremacy Initiative: Putting Veterans First? (Veterans’ Affairs Subcommittee on Health, Tuesday at 10:15 am)
Examining the Biden Administration’s Mismanagement of the Federal Onshore Oil and Gas Program (Natural Resources Subcommittee on Energy and Mineral Resources, Tuesday at 10:30 am)
Defense Cooperation with Taiwan (Armed Services, Tuesday at 10:35 am)
A Holistic Review of Regulators: Regulatory Overreach and Economic Consequences (Financial Service Subcommittee on Financial Institutions and Monetary Policy, Tuesday at 2:00 pm)
Examining Proposed Constitutional Amendments (Judiciary Subcommittee on the Constitution and Limited Government, Tuesday at 2:00 pm)
Bidenomics: A Perfect Storm of Spending, Debt, and Inflation (Oversight and Accountability Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs; Tuesday at 2:00 pm)
Member Day (Energy and Commerce, Tuesday at 2:00 pm)
Use and Regulation of Autonomous and Experimental Maritime Technologies (Transportation and Infrastructure Subcommittee Coast Guard and Maritime Transportation, Tuesday at 2:00 pm)
Oversight of United States Capitol Security: Assessing Security Failures on January 6, 2021 (House Administration Subcommittee on Oversight, Tuesday at 3:00 pm)
Mapping America’s Supply Chains: Solutions to Unleash Innovation, Boost Economic Resilience, and Beat China (Energy and Commerce Subcommittee Innovation, Data, and Commerce; Wednesday at 10:30 am)
Reforming the Generalized System of Preferences to Safeguard U.S. Supply Chains and Combat China (Ways and Means Subcommittee on Trade, Wednesday at 2:00 pm)
At What Cost: Oversight of How the IRA's Price Setting Scheme Means Fewer Cures for Patients (Energy and Commerce Subcommittee on Oversight and Investigation, Wednesday at 2:00 pm)
IP and Strategic Competition with China: Part III – IP Theft, Cybersecurity, and AI (Judiciary Subcommittee on Courts, Intellectual Property, and the Internet; Wednesday at 3:00 pm)
Industry Perspectives on Defense Innovation and Deterrence (Armed Services Subcommittee on Cyber, Information Technology, and Innovation; Wednesday at 9:00 am)
Oversight of the Department of Transportation’s Policies and Programs (Transportation and Infrastructure, Wednesday at 10:00 am)
Athletes and Innovators: Analyzing NIL’s Impact on Entrepreneurial Collegiate Athletes (Small Business, Wednesday at 10:00 am)
The Financial Costs of Mayorkas’ Open Border (Homeland Security, Wednesday at 10:00 am)
A Bar Too High: Concerns with CEQ’s Proposed Regulatory Hurdle for Federal Contracting (Science, Space, and Technology Subcommittee on Investigation and Oversight, Wednesday at 10:00 am)
Oversight of the U.S. Department of Justice (Judiciary, Wednesday at 10:00 am)
Oversight of the Federal Election Commission (House Administration, Wednesday at 10:15 am)
Connecting Every American: The Future of Rural Broadband Funding (Energy and Commerce Subcommittee on Communications and Technology, Thursday at 9:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Waiting on appropriations in the Senate and nominations: The Senate will convene today at 3:00 pm to resume consideration of the motion to proceed to H.R. 4366, which is the vehicle for the Agriculture, Military Construction-Veterans Affairs, and the Transportation and Housing and Urban Development approps bills. As mentioned, work on this was very suddenly slowed down last week, and we’re not sure what to expect this week. However, Senate Majority Leader Chuck Schumer (D-NY) filed cloture on the nominations of Vernon D. Oliver to serve as a judge on the U.S. District Court for the District of Connecticut and Rita F. Lin to serve as a judge on the U.S. District Court for the Northern District of California. A vote on the cloture motion for the Oliver nomination is expected to begin around 5:30 pm.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Aging in Place: The Vital Role of Home Health in Access to Care (Finance Subcommittee on Health, Tuesday at 10:00 am)
Evading Accountability: Corporate Manipulation of Chapter 11 Bankruptcy (Judiciary, Tuesday at 10:00 am)
Review of the FY 2024 Budget for the Federal Communications Commission (Appropriations Subcommittee on Financial Services and General Government, Tuesday at 2:30 pm)
Advanced Technology: Examining Threats to National Security (Homeland Security and Governmental Affairs Subcommittee on Emerging Threats and Spending Oversight, Tuesday at 2:30 pm)
Advancing Intelligence in the Era of Artificial Intelligence: Addressing the National Security Implications of AI (Intelligence, Tuesday at 2:30 pm)
Artificial Intelligence in Financial Services (Banking, Housing, and Urban Affairs; Wednesday at 10:00 am)
Reducing Inequality, Fueling Growth: How Public Investment Promotes Prosperity for All (Budget, Wednesday at 10:00 am)
Nomination Hearing (Commerce, Science, and Transportation; Wednesday at 10:00 am)
Business Meeting (Foreign Relations, Wednesday at 10:45 am)
Child Care Since the Pandemic: Macroeconomic Impacts of Public Policy Measures (Banking, Housing, and Urban Affairs Subcommittee on Economic Policy, Wednesday at 2:00 pm)
Breaking the Logjam Part 3: Restoring Transparency and Accountability in the Accommodation Process (Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights; Wednesday at 2:45 pm)
Nominations Hearing (Armed Services, Thursday at 9:30 am)
Nominations Hearing (Homeland Security and Governmental Affairs, Thursday at 10:00 am)
Executive Session (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: I know I put this in last week’s Point of Order, but that was through July. We have a new update through August. The budget deficit for FY 2023 now stands at $1.523 trillion. Receipts are down by 10 percent. Outlays are up 3 percent. Historically, September is a surplus month, so that deficit may come down slightly, but it’ll still be above $1 trillion.
New SBA rule for small business owners impacted by the justice system: The Small Business Administration published a new rule in the Federal Register last week to provide access to many loan programs for small business owners who have a criminal record. Details on the rule are available here. The comment period on the rule closes on November 14.
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