There's So Much Drama in Congress Right Now, Appropriations Updates, and Nominations
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.
Another day another drama, drama (apologies to Taylor Swift): We’re 19 days away from the government funding deadline. None of the 12 regular appropriations bills have passed both chambers. When you talk to folks on the Hill, no one is sure what’s going to happen over the next few weeks. The most rational path is a continuing resolution (CR) that funds the government until some point in December, but that carries risks for Speaker Kevin McCarthy (R-CA), who is very much in a catch-22 no matter what he does on the appropriations front. The House Freedom Caucus is threatening to sink the rule(s) for appropriations bills if there’s not an agreement reached on spending levels. Meanwhile, the Senate plans to begin working on appropriations this week, potentially, if not likely, jamming the House. Oh, and in all of this, there’s talk in the House about launching an impeachment inquiry against President Joe Biden. Although Speaker McCarthy, who is facing the possibility of a motion to vacate the chair, has been nonchalant about an impeachment inquiry, it’s the first step toward impeachment. There’s not much more than conjecture and hearsay against President Biden, and it doesn’t appear that the votes exist to even launch an inquiry, but it’s something to keep an eye on as September progresses.
Senate starts the week with nominees: Yeah, I know. The Senate came back last week, and I didn’t send out a newsletter. I had family in town from Georgia and wanted to spend some time with them, the girlfriend, and the kid. I’m very much not sorry. Anyway, the Senate will return today at 3:00 pm to resume consideration of the nomination of Tanya J. Bradsher to serve as Deputy Secretary of Veterans Affairs. A vote on the cloture motion for Bradsher’s nomination will take place around 5:30 pm. A cloture motions have also been filed for the nomination of Jeffrey Irvine Cummings to serve as a judge on the U.S. District Court for the Northern District of Illinois. We expect the cloture motion for Cummings’ nomination to get a vote tonight or tomorrow because…
The Senate is going to appropriate: As mentioned, the Senate is going to begin work on appropriations this week, although the work will likely carry over into next week. The three bills the Senate will consider in a minibus are the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, S. 2131; the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, S. 2127; and the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, S. 2437.
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)
Oversight of the U.S. Securities and Exchange Commission (Banking, Housing, and Urban Affairs; Tuesday at 10:00 am)
Business Meeting (Homeland Security and Governmental Affairs, Tuesday at 10:00 am)
Book Bans: Examining How Censorship Limits Liberty and Literature (Judiciary, Tuesday at 10:00 am)
America’s Supply Chain Security: Understanding and Mitigating Threats (Homeland Security and Governmental Affairs, Tuesday at 10:15 am)
Housing Supply and Innovation (Banking, Housing, and Urban Affairs Subcommittee on Housing, Transportation, and Community Development; Tuesday at 2:30 pm)
Oversight of A.I.: Legislating on Artificial Intelligence (Judiciary Subcommittee on Privacy, Technology, and the Law; Tuesday at 2:30 pm)
The Need for Transparency in Artificial Intelligence (Commerce, Science, and Transportation Subcommittee on Consumer Protection, Product Safety, and Data Security; Tuesday at 2:30 pm)
The PGA Tour-LIV Deal: Examining the Saudi Arabian Public Investment Fund’s Investments in the United States (Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations, Wednesday at 10:00 am)
Oversight of the Bureau of Prisons (Judiciary, Wednesday at 10:00 am)
Examining the Effects of Extreme Heat and Weather on Transportation (Environment and Public Works, Wednesday at 10:00 am)
Unlocking America's Potential: How Immigration Fuels Economic Growth and Our Competitive Advantage (Budget, Wednesday at 10:00 am)
Nomination Hearing (Armed Services, Thursday at 9:30 am)
Governing AI Through Acquisition and Procurement (Homeland Security and Governmental Affairs, Thursday at 10:00 am)
Executive Business Meeting (Judiciary, Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
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 and Thursday at 10:00 am. Last votes for the week are expected no later than 3:00 pm on Thursday. The House is not in session on Friday. Seven (7) bills will be considered under suspension of the rules.
H.R. 3152, Fight Crime Act (Foreign Affairs)
H.R. 589, MAHSA Act (Foreign Affairs)
H.Res. 492, Condemning the Government of Iran’s state-sponsored persecution of the Baha’i minority and its continued violation of the International Covenants on Human Rights (Foreign Affairs)
H.R. 1567, ACRES Act (Natural Resources)
H.R. 1450, Treating Tribes and Counties as Good Neighbors Act (Natural Resources)
H.R. 3389, Emergency Wildfire Fighting Technology Act (Natural Resources)
H.R. 3324, To extend the authority to collect Shasta-Trinity Marina fees through fiscal year 2029 (Natural Resources)
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 4:00 pm to markup the rule for the Department of Defense Appropriations Act for FY 2024, H.R. 4365, and the Preserving Choice in Vehicle Purchases Act, H.R. 1435. There are 325 amendments to the Defense appropriations bill, which would fund the Department of Defense. It’s also possible that the House considers the Department of Homeland Security Appropriations Act for FY 2024, H.R. 4367. More than 170 amendments were filed to that bill. We also heard that the Department of State, Foreign Operations, and Related Programs Appropriations Act for FY 2024, H.R. 4665, could be considered, but that’s even less likely than the Homeland Security appropriations bill.
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week is here.
Evolving Threats: Security and Safety in a Post-9/11 World (Homeland Security Subcommittee on Emergency Management and Technology, Tuesday at 9:15 am, Field Hearing in New York, New York)
Oversight Hearing – Department of Veterans Affairs Implementation of the Electronic Health Record Modernization Initiative (Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies; Wednesday at 9:30 am)
The Future of Automated Commercial Motor Vehicles: Impacts on Society, the Supply Chain, and U.S. Economic Leadership (Transportation and Infrastructure Subcommittee on Highways and Transit, Wednesday at 10:00 am)
Oversight of the Committee on Foreign Investment in the United States (CFIUS) and Other Efforts to Strengthen National Security in the United States (Financial Services, Wednesday at 10:00 am)
Enabling Success: Examining the Competitive Landscape for Small Businesses (Small Business Subcommittee on Economic Growth, Tax, and Capital Excess; Wednesday at 10:00 am)
Unsuitable Litigation: Oversight of Third-Party Litigation Funding (Oversight and Accountability, Wednesday at 10:00 am)
Keeping the Lights On: Enhancing Reliability and Efficiency to Power American Homes (Energy and Commerce Subcommittee on Energy, Climate, and Grid Security; Wednesday at 10:00 am)
Examining the Methodology and Structure of the U.S. Geological Survey’s Critical Minerals List (Natural Resources Subcommittee on Energy and Mineral Resources, Wednesday at 10:15 am)
The Impact of Biden's Open Border on the American Workforce (Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions; Wednesday at 10:15 am)
Lights, Camera, Subscriptions: State of the Video Marketplace (Energy and Commerce Subcommittee on Communications and Technology, Wednesday at 2:00 pm)
Children Are Not for Sale: Examining the Threat of Exploitation of Children in the U.S. and Abroad (Judiciary Subcommittee on Crime and Federal Government Surveillance, Wednesday at 2:00 pm)
A Dangerous Strategy: Examining the Biden Administration’s Failures on Iran (Oversight and Accountability Subcommittee on National Security, the Border, and Foreign Affairs; Wednesday at 2:00 pm)
Member Day (Ways and Means, Thursday at 9:00 am)
Iran’s Escalating Threats: Assessing U.S. Policy Toward Iran’s Malign Activities (Foreign Affairs Subcommittee on the Middle East, North Africa, and Central Asia; Thursday at 10:00 am)
Implementing Basel III: What’s the Fed’s Endgame? (Financial Services Subcommittee on Financial Institutions and Monetary Policy, Thursday at 10:00 am)
Terrorist Entry Through the Southwest Border (Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement; Thursday at 10:00 am)
Oh Doctor, Where Art Thou? Pandemic Erosion of the Doctor-Patient Relationship (Coronavirus Pandemic, Thursday at 10:00 am
Oversight of Federal Agencies’ Post-Pandemic Telework Policies (Oversight and Accountability Subcommittee on Government Operations and the Federal Workforce, Thursday at 10:00 am)
Children Are Not for Sale – Global Efforts to Address Child Trafficking (Foreign Affairs Subcommittee on Global Health, Global Human Rights, and International Organizations; Thursday at 12:00 pm)
How are Federal Agencies Harnessing Artificial Intelligence? (Oversight and Accountability Subcommittee on Cybersecurity, Information Technology, and Government Innovation; Thursday at 1:00 pm)
Digital Dollar Dilemma: The Implications of a Central Bank Digital Currency and Private Sector Alternatives (Financial Services Subcommittee on Digital Assets, Financial Technology, and Inclusion; Thursday at 2:00 pm)
The Inflation Reduction Act: A Year in Review (Oversight and Accountability Subcommittee on Health Care and Financial Services, Thursday at 2:00 pm)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Criminal justice odds and ends: Our friends at the Council on Criminal Justice have good briefs available on the low recidivism rate under the First Step Act and crime trends in 30 cities for the first six months of the year. Separately on crime data, the Major Cities Chiefs Association has data comparisons from 69 jurisdictions around the country showing that violent crime is down for the first six months of the year compared to the first six months of 2022. Finally, Colleen Eren’s Reform Nation: The First Step Act and the Movement to End Mass Incarceration is out. Make sure you pick up a copy!
Deficit watch: The budget deficit through July of FY 2023 was $1.617 trillion. Revenues are down 10 percent, mostly driven by a notable decline in individual income tax receipts, while outlays are up 11 percent. The August deficit figure hasn’t been published yet, but it’ll be out in a matter of days. It’s worth noting that September is usually a surplus month. Separately, on the long-term front, the Congressional Budget Office released an alternative scenario for long-term budget projections. It’s very unnerving, and it makes you wonder why so many conservatives in Congress are focused on discretionary spending rather than the actual drivers of debt and deficits.
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