The House Has a Busy Week Ahead Unless Far-Right Conservatives Make It Impossible to Do Anything, Senate to Take Up Nominees
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.
And we’re back: I didn’t get around to Point of Order last week because we were finally moving into our new house. From what I’ve heard, last week was, uh, interesting. We’re slowly getting settled in the place, but we love it. I got my office/mini recording studio mostly set up over the weekend. Alas, I’m in DC this week because, you know, work.
Innocent until proven guilty: That should go without saying. That said, man, the indictment against former President Donald Trump is really strong. The former president will turn himself in Miami and plead not guilty tomorrow. The rhetoric about the indictment is getting out of control, harkening back to January 6, and it needs to be toned down before something stupid happens again.
Well, the honeymoon for House Republicans is over: To say last week was an embarrassment for House Republicans would be an understatement. Angry about the debt limit bill—the Fiscal Responsibility Act—that passed Congress the week before, conservatives managed to take down the rule governing the REINS Act, the Separation of Powers Restoration Act, the Gas Stove Protection and Freedom Act, and the Save Our Stoves Act. It was the first time a rule had been taken down on the floor since November 2002. After the rule went down last week, the House canceled votes on Wednesday and Thursday. Apparently, there was also frustration over the lack of a commitment from House Republican leadership to bring the Pistol Brace CRA to the floor for a vote. Leadership wanted the Senate to go first on that one. That issue has been resolved, as the Pistol Brace CRA is on the floor this week. However, I don’t understand conservatives’ lack of comprehension of the political realities of divided government. The Fiscal Responsibility Act reduces the deficit by $1.5 trillion. That’s not nothing. Granted, it’s only discretionary spending, which is about 30 percent of all federal outlays, but since Republicans (and Democrats) have taken entitlement spending off the table, it’s hard to make a real dent in the deficit. House conservatives are acting like Republicans have a 30-seat margin when they have very little leverage. That’s before you even consider the fact that Democrats have the Senate and the White House. Messaging is great, but conservatives are eventually going to have to realize that governing means dealmaking and compromise. The Fiscal Responsibility Act was a small victory for fiscal conservatives in an era of hyper-partisanship. Take. The. Win. Move on. Legislative temper tantrums are the quickest way to the minority. House conservatives may learn that the hard way.
I say all that to say this: Whether the House does much work this week because of lingering tensions over the Fiscal Responsibility Act is anyone’s guess. I’m giving you what the office of Majority Leader Steve Scalise (R-LA) says is the schedule for the week. I’m not saying that it’ll actually happen if the legislative temper tantrum continues into another week. Looking long-term, none of this bodes well for appropriations and the National Defense Authorization Act.
Schedule and suspensions in the House: The House returns on today at 2:00 pm for legislative business. First votes are expected at 6:30 pm. Legislative business will begin at 12:00 pm on Tuesday, 12:00 pm on Wednesday, and 9:00 am on Thursday. Last votes for the week are expected at 3:00 pm on Thursday. No votes are expected on Friday. Six bills (listed below) will be considered under the suspension of the rules. The cost estimates for these bills can be found here.
H.Res. 272, Calling on the Government of the Russian Federation to immediately release U.S. citizen Paul Whelan (Foreign Affairs Committee)
H.Res. 377, Calling for the immediate release of Evan Gershkovich, a U.S. citizen and journalist wrongfully detained by Russia (Foreign Affairs Committee)
H.R. 3099, Special Envoy for the Abraham Accords Act (Foreign Affairs Committee)
S. 467, CADETS Act (Armed Services Committee)
H.R. 662, Block Grant Assistance Act (Agriculture 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 mark up the rule for the a resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives relating to “Factoring Criteria for Firearms With Attached 'Stabilizing Braces,’” H.J.Res. 44; the Regulations from the Executive In Need of Scrutiny (REINS) Act, H.R. 277; the Separation of Powers Restoration Act, H.R. 288; the Gas Stove Protection and Freedom Act, H.R. 1615; and the Save Our Stoves Act, H.R. 1640. The House may also consider the veto message for the DC Policing disapproval resolution, H.J.Res. 42.
About the rule bills: H.J.Res. 44 is the Pistol Brace CRA published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The CRA may pass the House, but it faces a tough road in the Senate. The REINS Act would amend the Congressional Review Act to require congressional approval via a joint approval resolution that would require the president’s signature for an economically significant rule. The Separation of Powers Restoration Act would eliminate the Chevron deference cooked up out of thin air by the Supreme Court. The Save Our Stoves Act and the Gas Stove Protection and Freedom Act would limit federal agencies from issuing regulations that would substantially impact gas stoves. The REINS Act, the Separation of Powers Restoration Act, the Gas Stove Protection and Freedom Act, and the Save Our Stoves Act were supposed to be considered last week.
Party divisions in the House: With the resignation of Rep. David Cicilline (D-RI), there are 222 Republicans and 212 Democrats in the House. However, Rep. Chris Stewart (R-UT) has announced his intent to resign. His resignation will take effect on September 15. The special election for RI-01 is set for November 7. The special election for UT-02 is set for November 21.
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week is here.
Where's the Beef? Regulatory Barriers to Entry and Competition in Meat Processing (Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust; Tuesday at 10:00 am)
Markup of the Securing Growth and Robust Leadership in American Aviation Act, H.R. 3935 (Transportation and Infrastructure, Tuesday at 10:00 am)
Markup of H.R.___, H.R. 3936, H.R. 3937, H.R. 3938 (Ways and Means, Tuesday at 10:00 am)
Oversight of FERC: Adhering to a Mission of Affordable and Reliable Energy for America (Energy and Commerce Subcommittee on Energy, Climate, and Grid Security; Tuesday at 10:00 am)
Markup of the National Defense Authorization Act, H.R. 2670 (Armed Services Subcommittee on Strategic Forces, Tuesday at 10:00 am)
Stakeholder Perspectives on USDA’s Rural Development Programs (Agriculture Subcommittee on Commodity Markets, Digital Assets, and Rural Development; Tuesday at 10:00 am)
Markup of Fiscal Year 2024 Military Construction, Veterans Affairs, and Related Agencies Bill (Appropriations, Tuesday at 10:00 am)
Future of FEMA: Agency Perspectives with Administrator Criswell (Homeland Security Subcommittee on Emergency Management and Technology, Tuesday at 10:00 am)
The Annual Testimony of the Secretary of the Treasury on the State of the International Financial System (Financial Services, Tuesday at 10:00 am)
Examining the Fiscal Year 2024 State Department Diversity Equity Inclusion and Accessibility Budget (Foreign Affairs Subcommittee on Oversight and Accountability, Tuesday at 10:00 am)
Examining the Policies and Priorities of the Department of Health and Human Services (Education and the Workforce, Tuesday at 10:15 am)
Oversight of CDC Policies and Decisions During the COVID-19 Pandemic (Coronavirus Pandemic, Tuesday at 10:30 am)
Markup of the National Defense Authorization Act, H.R. 2670 (Armed Services Subcommittee on Seapower and Projection Forces; Tuesday at 12:00 pm)
Markup of the National Defense Authorization Act, H.R. 2670 (Armed Services Subcommittee on Cyber, Information Technologies, and Innovation; Tuesday at 11:00 am)
Markup of the National Defense Authorization Act, H.R. 2670 (Armed Services Subcommittee on Military Personnel; Tuesday at 1:00 pm)
The Rise in Organized Retail Crime and the Threat to Public Safety (Judiciary Subcommittee on Crime and Federal Government Surveillance, Tuesday at 2:00 pm)
Fiscal Year 2024 Budget Request for Near Eastern Affairs (Foreign Affairs Subcommittee on the Middle East, North Africa, and Central Asia; Tuesday at 2:00 pm)
Assisting Entrepreneurs: Examining Private and Public Resources Helping Small Businesses (Small Business, Tuesday at 2:00 pm)
From Theory to Reality: The Limitless Potential of Fusion Energy (Science, Space, and Technology Subcommittee on Energy; Tuesday at 2:00 pm)
The Future of Digital Assets: Providing Clarity for the Digital Asset Ecosystem (Financial Services, Tuesday at 2:00 pm)
Oversight of the Office of Congressional Ethics (House Administration Subcommittee on Oversight, Tuesday at 2:30 pm)
Markup of the National Defense Authorization Act, H.R. 2670 (Armed Services Subcommittee on Tactical Air and Land Forces; Tuesday at 2:30 pm)
Member Day (Intelligence, Tuesday at 2:30 pm)
Markup of the National Defense Authorization Act, H.R. 2670 (Armed Services Subcommittee on Intelligence and Special Operations; Tuesday at 3:30 pm)
Markup of the Telehealth Benefit Expansion for Workers Act, H.R.824, and the Schools not Shelters Act, H.R. 3941 (Education and the Workforce, Tuesday at 4:00 pm)
Achieving Peace through Strength in the Indo-Pacific: Examining the FY24 Budget Priorities (Foreign Affairs Subcommittee on the Indo-Pacific, Wednesday at 10:00 am)
Death by a Thousand Regulations: The Biden Administration’s Campaign to Bury America in Red Tape (Oversight and Accountability, Wednesday at 10:00 am)
Oversight of NRC: Ensuring Efficient and Predictable Nuclear Safety Regulation for a Prosperous America (Energy and Commerce Subcommittee on Energy, Climate, and Grid Security; Wednesday at 10:00 am)
The Semi-Annual Report of the Bureau of Consumer Financial Protection (Financial Services, Wednesday at 10:00 am)
Open Borders, Closed Case: Secretary Mayorkas’ Dereliction of Duty on the Border Crisis (Homeland Security, Wednesday at 10:00 am)
A Review of Title VII: University Perspectives on Research and Extension Programs (Agriculture Subcommittee on Conservation, Research, and Biotechnology; Wednesday at 10:00 am)
Full Committee Markup (Science, Space, and Technology; Wednesday at 10:00 am)
Markup of the National Defense Authorization Act, H.R. 2670 (Armed Services Subcommittee on Readiness, Wednesday at 10:00 am)
American Confidence in Elections: The Role of the Election Assistance Commission in Free, Fair, and Secure Elections (House Administration, Wednesday at 10:15 am)
Postsecondary Innovation: Preparing Today’s Students for Tomorrow’s Opportunities (Education and the Workforce Subcommittee on Higher Education and Workforce Development, Wednesday at 10:15 am)
Assessing U.S. Efforts to Counter China’s Coercive Belt and Road Diplomacy (Foreign Affairs, Wednesday at 2:00 pm)
Legislative hearing on H.R. 3397 (Natural Resources, Thursday at 9:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Over in the Senate: The Senate returns today at 3:00 pm to resume consideration of the nomination of Elizabeth Allen to serve as Under Secretary for Public Diplomacy at the State Department. A vote on the cloture motion for the Allen nomination is expected to begin around 5:30 pm. Senate Majority Leader Chuck Schumer (D-NY) also filed cloture on the nominations of Hernan D. Vera to serve as a judge on the U.S. District Court for the Central District of California, Jared Bernstein to serve as Chairman of the Council of Economic Advisers, and P. Casey Pitts to serve as a judge on the U.S. District Court for the Northern District of California.
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)
The Consumer Financial Protection Bureau’s Semi-Annual Report to Congress (Banking, House, and Urban Affairs; Tuesday at 10:00 am)
Oversight of Section 702 of the Foreign Intelligence Surveillance Act and Related Surveillance Authorities (Judiciary, Tuesday at 10:00 am)
Oversight and Implementation of Travel and Tourism Legislation (Commerce, Science, and Transportation Subcommittee on Tourism, Trade, and Export Promotion Hearing; Tuesday at 2:00 pm)
Nominations Hearing (Foreign Relations, Tuesday at 2:15 pm)
Artificial Intelligence and Human Rights (Judiciary Subcommittee on Human Rights and the Law, Tuesday at 2:30 pm)
State of Native American Housing (Banking, Housing, and Urban Affairs Subcommittee on Housing, Transportation, and Community Development; Tuesday at 2:30 pm)
Ensuring the Safety and Well-Being of Unaccompanied Children (Judiciary, Wednesday at 10:00 am)
Enhancing American Competitiveness Through the U.S. International Development Finance Corporation (Appropriations Subcommittee on State, Foreign Operations, and Related Programs; Wednesday at 10:00 am)
Anti-Poverty and Family Support Provisions in the Tax Code (Finance, Wednesday at 10:00 am)
Implementation of the Infrastructure Investment and Jobs Act and the Inflation Reduction Act by the Federal Highway Administration (Environment and Public Works, Wednesday at 10:00 am)
Business Meeting (Homeland Security and Governmental Affairs, Wednesday at 10:30 am)
Ensuring an Impartial Judiciary: Supreme Court Ethics, Recusal, and Transparency Act of 2023 (Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights; Wednesday at 2:30 pm)
Examining the Findings and Recommendations of GAO’s 2023 Report on Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Financial Benefits (Homeland Security and Governmental Affairs Subcommittee on Emerging Threats and Spending Oversight, Wednesday at 2:30 pm)
Executive Business Meeting (Judiciary, Thursday at 10:00 am)
Impacts of Plastic Production and Disposal on Environmental Justice Communities (Environment and Public Works, Thursday at 10:00 am)
Markup of Various Legislative Measures (Health, Education, Labor, and Pensions; Thursday at 10:00 am)
Executive Session: FAA Reauthorization (Commerce, Science, and Transportation; Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Deficit watch: The budget deficit through May of FY 2023 is $1.161 trillion. That’s an increase of $735 billion over the same time in FY 2022. Revenues are down 11 percent, largely driven by the decline in individual income tax receipts, while outlays are up by 9 percent.
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