Nominees Kick Off the Senate Work Week, House Returns, Government Funding Update
By 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.
Government funding update: We’re hearing that the continuing resolution (CR) that will be considered in the coming days will run through either Friday, December 9, or Friday, December 16. The House could consider the CR as soon as this week. Lingering issues are COVID-19 and monkeypox response money, Ukraine funding, disaster funding, permitting reform, and same-sex marriage. The Biden administration has requested $26.3 billion for COVID-19 and monkeypox response, but Republicans oppose attaching the funding to the CR because of existing unspent COVID-19 funding that could be redesignated. Republicans seem to support adding the $11.7 billion that the administration requested for Ukraine. Disaster funding, for which the administration requested $6.5 billion, is also likely to be included. Sen. Joe Manchin (D-WV) is likely to get permitting reform included in the CR. There’s some opposition from House progressives to this making its way into the CR, but are there enough of them to sink a CR if it’s included? We’ll see. The text of the Respect for Marriage Act will almost certainly not be included in the CR.
Looking ahead on approps: Senate Majority Leader Chuch Schumer (D-NY) wants an omnibus in December. This would have all 12 appropriations bills and include many other legislative items unrelated to approps.
Nominees start the week in the Senate: The Senate returns at 3:00 pm today to resume consideration of the nomination of Lara E. Montecalvo to serve as a judge on the U.S. Court of Appeals for the First Circuit. A vote on the cloture motion is expected to begin around 5:30 pm. Cloture was also filed on the nomination of Salvador Mendoza, Jr. to serve as a judge on the U.S. Court of Appeals for the Ninth Circuit. It’s likely that nominees will be considered throughout the week in between the routine unanimous consent requests on noncontroversial bills and resolutions unless there’s a sudden breakthrough on other legislative matters.
Same-sex marriage bill update: Schumer has said that he plans to carve out time to bring the Respect for Marriage Act, H.R. 8404, to the floor “in the coming weeks,” with a goal of a vote before the midterm election. Sen. Tammy Baldwin (D-WI) says that they’re close to getting the ten Republicans needed to vote for the cloture motions on the bill. However, Sen. Ron Johnson (R-WI) has now firmly walked back his support for the bill. It’s likely that there will be changes to the Respect for Marriage Act to attract more Republican support, including religious liberty protections. Even with changes, and despite Baldwin’s optimism, there has been speculation that the ten Republican votes needed for passage aren’t there. Whether that’s just opponents purposely sowing doubt or reality is anyone’s guess until the bill is put on the floor for a vote.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Nomination Hearing (Armed Services, Tuesday at 9:30 am)
Nominations Hearing (Health, Education, Labor, and Pensions; Tuesday at 10:00 am)
Stopping the Spread of Monkeypox: Examining the Federal Response (Health, Education, Labor, and Pensions; Wednesday at 10:00 am)
Data Security at Risk: Testimony from a Twitter Whistleblower (Judiciary, Tuesday at 10:00 am)
Flatlining Care: Why Immigrants Are Crucial to Bolstering Our Health Care Workforce (Judiciary Subcommittee on Immigration, Citizenship, and Border Safety; Wednesday at 10:00 am)
New Consumer Financial Products and the Impacts to Workers (Banking, Housing, and Urban Affairs; Tuesday at 10:00 am)
Social Media’s Impact on Homeland Security (Homeland Security and Governmental Affairs, Wednesday at 10:00 am)
Nomination Hearing (Environment and Public Works, Wednesday at 10:00 am)
Executive Session (Commerce, Science, and Transportation; Wednesday at 10:00 am)
Business Meeting (Foreign Relations, Wednesday at 2:30 pm)
Protecting Americans’ Private Information from Hostile Foreign Powers (Judiciary Subcommittee on Privacy, Technology, and the Law; Wednesday at 3:30 pm)
Executive Business Meeting (Judiciary, Thursday at 9:00 am)
Nomination Hearing (Armed Services, Thursday at 10:00 am)
Oversight of the U.S. Securities and Exchange Commission (Banking, Housing, and Urban Affairs; Thursday at 10:00 am)
Legislative Hearing to Review S. 4760, the Digital Commodities Consumer Protection Act (Agriculture, Nutrition, and Forestry; Thursday at 10:00 am)
Assessing U.S. Policy Towards Venezuela (Foreign Relations, Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
The House is back: The House returns Tuesday at 2:00 pm for legislative business. First and last votes on Tuesday are expected around 6:30 pm. The chamber will be in session through either Thursday or Friday. If the House doesn't consider the CR, the House won't meet on Friday. There are 16 bills (listed below) on the suspension calendar for the week. Additional legislative items are possible.
Eliminating Limits to Justice for Child Sex Abuse Victims Act, S. 3103 (Judiciary Committee)
A bill to extend by 19 days the authorization for the special assessment for the Domestic Trafficking Victims' Fund, S. 4785 (Judiciary Committee)
Drone Infrastructure Inspection Grant Act, H.R. 5315 (Transportation and Infrastructure Committee)
National Aviation Preparedness Act, H.R. 884 (Transportation and Infrastructure Committee)
Expediting Disaster Recovery Act, H.R. 5774 (Transportation and Infrastructure Committee)
Securities and Exchange Commission Real Estate Leasing Authority Revocation Act, H.R. 1468 (Transportation and Infrastructure Committee)
Wildfire Recovery Act, H.R. 1066 (Transportation and Infrastructure Committee)
CREW Act, S. 2293 (Transportation and Infrastructure Committee)
PAW Act, S. 4205 (Transportation and Infrastructure Committee)
BRIGHT Act, S. 442 (Transportation and Infrastructure Committee)
Student Veteran Emergency Relief Act, H.R. 7939 (Veterans' Affairs Committee)
Veterans’ Compensation Cost of Living Adjustment Act, H.R. 7846 (Veterans' Affairs Committee)
Improving Access to the VA Home Loan Benefit Act, H.R. 7735 (Veterans' Affairs Committee)
Wounded Warrior Access Act, H.R. 5916 (Veterans' Affairs Committee)
Faster Payments to Veterans Survivors’ Act, H.R. 8260 (Veterans' Affairs Committee)
Improving Seniors' Timely Access to Care Act, H.R. 8487 (Ways and Means 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 12:30 pm to markup the rule for the Whistleblower Protection Improvement Act, H.R. 2988; Ensuring a Fair and Accurate Census Act, H.R. 8326; and the Preventing a Patronage System Act, H.R. 302.
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week can be found here.
Congressional Modernization: A Roadmap for the Future (Modernization of Congress, Wednesday at 10:00 am)
When Banks Leave: The Impacts of De-Risking on the Caribbean and Strategies for Ensuring Financial Access (Financial Services, Wednesday at 10:00 am)
Markup of Legislative Measures (Homeland Security, Wednesday at 10:00 am)
Markup of Legislative Measures (Judiciary, Wednesday at 10:00 am)
Free Speech Under Attack (Part III): The Legal Assault on Environmental Activists and the First Amendment (Oversight and Reform Subcommittee on Civil Rights and Civil Liberties, Wednesday at 10:00 am)
Soil Health Practices and Programs that Support Regenerative Agriculture (Agriculture, Wednesday at 10:00 am)
The Role of Public Relations Firms in Preventing Action on Climate Change (Natural Resources Subcommittee on Oversight and Investigations, Wednesday at 10:00 am)
Cargo Preference: Compliance with and Enforcement of Maritime's Buy American Laws (Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation, Wednesday at 10:00 am)
Right to Repair and What it Means for Entrepreneurs (Small Business Subcommittee on Underserved, Agricultural, and Rural Business Development; Wednesday at 10:00 am)
In Solidarity: Removing Barriers to Organizing (Education and Labor, Wednesday at 10:15 am)
The Future of U.S.-Taiwan Trade (Ways and Means, Wednesday at 11:00 am)
Markup of Legislative Measures (Foreign Affairs, Wednesday at 1:00 pm)
Fueling the Climate Crisis: Examining Big Oil’s Prices, Profits, and Pledges (Oversight and Reform, Thursday at 9:00 am)
The Sustainable Development Goals and Recovery from the COVID-19 Pandemic: Implications for U.S. Policy (Foreign Affairs Subcommittee on International Development, International Organizations and Global Corporate Social Impact; Thursday at 10:00 am)
The Fountain of Youth? The Quest for Aging Therapies (Science, Space, and Technology Subcommittee on Investigations and Oversight; Thursday at 10:00 am)
Building on our Baseline: Securing Industrial Control Systems Against Cyberattacks (Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation; Thursday at 10:00 am)
A 2022 Review of the Farm Bill: Broadband (Agriculture, Thursday at 10:00 am)
Back to School, Back to Startups: Supporting Youth Apprenticeship, Entrepreneurship, and Workforce Development (Small Business Subcommittee on Innovation, Entrepreneurship, and Innovation; Thursday at 10:00 am)
Rail Service Challenges and the Impact on Agriculture (Transportation and Infrastructure Subcommittee on Railroads, Pipelines, and Hazardous Materials and Agriculture Subcommittee on Livestock and Foreign Agriculture; Thursday at 2:00 pm)
Learning Loss in Latin America and the Caribbean: Building Better Education Systems in the Wake of the Pandemic (Foreign Affairs Subcommittee on Western Hemisphere, Civilian Security, Migration and International Economic Policy; Thursday at 2:00 pm)
Putin’s Proxies: Examining Russia’s Use of Private Military Companies (Oversight and Reform Subcommittee on Natural Security, Thursday at 2:00 pm)
Project Federal Information Technology: Make IT Work (Oversight and Reform Subcommittee on Government Operations, Friday at 9:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Deficit watch: Through 11 months of the fiscal year, the budget deficit for FY 2022 is $944 billion. September can be a surplus month, depending on revenues, so it’s possible that the deficit will go down, rather than up, this month.
New Inflation Reduction Act score shows increased deficit: Mike Palicz shows that a new score for the recently enacted Inflation Reduction Act shows a larger budget deficit, $59.8 billion, through FY 2026 than the original projection, $25.3 billion, released before passage in the Senate.
Daylight saving time: Sigh. The Sunshine Protection Act, S. 623, is unlikely to pass in this Congress. Despite passing the Senate without opposition, the House has sat on the bill and doesn’t seem keen to move it.
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