Congress returns to Capitol Hill following a week off, with the House of Representatives still wondering who the next Speaker of the House will be and with several major deadlines looming on the horizon.
The uncertainty over who the next Speaker will be is not any closer to resolution than it was when Congress adjourned for the Columbus Day recess. After the surprise announcement from current Speaker John Boehner (R-OH) that he would be retiring at the end of October, and an equally surprising last-minute announcement from his expected successor, current Majority Leader Kevin McCarthy (R-CA), withdrawing his candidacy for the position, the House Republican Conference is struggling to find a candidate who not only wants the job but can also appeal to all factions of the fractious and fractured caucus and achieve the necessary 218 votes. All eyes have been on Rep. Paul Ryan (R-WI), current Chairman of the Ways and Means Committee and former vice presidential candidate. Rep. Ryan appears to the one House member who can unite the caucus. He initially rejected the idea of running for Speaker but now may be reconsidering in the face of pressure from Republican leaders in and out of Congress. As of this posting, Rep. Ryan has not yet made a decision to seek the position but no other frontrunner has emerged. In the interim, Speaker Boehner has said he will remain until a new speaker is elected.
The House leadership shuffle is occurring against the backdrop of a major fiscal deadline that will have to be addressed during this upcoming work period. Last week, Treasury Secretary Jack Lew informed Congress that the nation would be hitting its statutory debt ceiling on November 3, two days earlier than Treasury’s previous November 5 projection. Without congressional action to lift the debt ceiling, the Treasury will not be able to meet its obligations, resulting in a potential default with grave implications for the global economy and the nation’s credit rating. Speaker Boehner is reported to want to address the debt ceiling before he leaves Congress. He could presumably muster enough Republicans to join with Democrats in passing a bill to raise the debt limit without having to worry about the political ramifications within his caucus,
While congressional leadership has not publicly settled on a strategy or timeline for raising the debt ceiling, the House is expected to consider related legislation this week, H.R. 692, the Default Prevention Act. In the event that the debt limit is reached, the legislation would allow the federal government to keep borrowing above the statutory debt limit in order to pay principal and interest on debt held by the public or the Social Security Trust Fund. The bill would prohibit Treasury from paying Members of Congress. The legislation was reported out of the House Ways and Means Committee by a party-line vote. It is unlikely this legislation or any other legislative debt prioritization measure could muster the 60 votes needed to be considered by the Senate, given the significant Democratic opposition.
Along with debating whether to raise the debt ceiling and how to do it, House and the Senate members and staff are also working on larger budget negotiations to try to keep the government funded and running beyond the current December 11 deadline. Press reports indicate that Republicans and Democrats are still far apart on how to balance any increase in spending demanded by Democrats with the offsets Republicans will seek. Although Speaker Boehner can push through a debt-ceiling increase in his waning days in Congress, he should be gone by December, and the political dynamics that precipitated his resignation will still be in play when the current funding bill expires. An increase in the debt ceiling is likely, but the political ramifications in the House Republican conference from its enactment make brinksmanship over government funding more likely come December. The prospects for a government shut-down towards the end of the year appear to be increasing.
Another looming deadline is the October 29 expiration of the current highway program authorization. The House Transportation and Infrastructure Committee released a long-term bill (discussed further below) last week and has scheduled a markup of the bill on Thursday. However, the time needed for House review and consideration of such a substantial bill and a subsequent conference with the Senate, which passed its version of the legislation earlier this year, may require another short-term extension of highway programs before the end of this month.
The House is scheduled to return on Tuesday with votes scheduled on five bills and a resolution expressing support for the right of the people of Ukraine to freely elect their government, all under suspension of the rules.
On Wednesday, the House is expected to take up three measures under suspension of the rules, including a Senate-passed bill to clarify waiver authority regarding programs of all-inclusive care for the elderly and legislation to reauthorize the DC Opportunity Scholarship Program, a program that enables children from low-income Washington, D.C. families to attend private or charter schools of their choice in the District using a scholarship. The program has strong support from Speaker Boehner (it was the first bill he brought up in the House of Representatives in 2011 when he took on the leadership role) but does not have support from the Obama Administration, which has attempted to zero out the program in recent budget requests. The House may also take up the Default Prevention Act, discussed above, as early as Wednesday.
For the balance of the week, the House will focus on a natural resources bill and a reconciliation measure. H.R. 1937, the National Strategic and Critical Minerals Production Act of 2015, is intended to address American dependence on foreign minerals and would require the Department of the Interior and the Department of Agriculture to more efficiently develop domestic sources of strategic and critical minerals and mineral materials, including rare earth elements. This legislation has passed in previous sessions of Congress and a companion bill is currently pending before the Senate Energy and Natural Resources Committee.
The reconciliation measure, the Restoring Americans’ Healthcare Freedom Reconciliation Act, would repeal five provisions of the Affordable Care Act: the individual and employer mandates; the “Cadillac” tax (a tax on the most expensive employer-sponsored health-care coverage plans); the medical-device tax; and the Independent Payment Advisory Board (IPAB). The measure would also block federal funding for Planned Parenthood for one year, in response to the release of undercover videos that show organization officials discussing the sale of fetal body parts. The House has routinely passed legislation related to the repeal of these provisions of the Affordable Care Act since its implementation, but there has not been a 60-vote majority necessary for Senate passage. The reconciliation rules on this measure allow both chambers to pass by simple majorities. Even still, Senate passage of this measure is not guaranteed, given the Planned Parenthood provision. Should the Senate achieve the necessary votes, the legislation would certainly be vetoed by President Obama, and neither chamber has the votes to override a veto.
On the other side of the Capitol, the Senate is scheduled to return to session on Monday and its first vote is scheduled Tuesday morning on a judicial nomination. On Tuesday afternoon, the Senate will hold a cloture vote on the motion to proceed to S. 2146, the Stop Sanctuary Policies and Protect Americans Act. The bill, introduced by Sen. David Vitter (R-LA), would withhold some federal funding for “sanctuary cities.” Sanctuary cities are those communities that have policies in place declining to assist or actively defying federal immigration laws and orders. Estimates are that there are some 300 sanctuary cities across the country. The legislation also includes a proposal establishing a mandatory minimum 5-year sentence for undocumented immigrants who are convicted of re-entering the United States after being convicted of an aggravated felony or being convicted of having illegally re-entered the United States twice before. Most Democrats are opposed to the proposal and it is unclear if Senator Vitter will have the 60 votes necessary to proceed to floor consideration of the bill.
Should the cloture motion on the sanctuary cities bill fail, it is likely that the Senate will move to consider cybersecurity legislation, S. 754, the Cybersecurity Information Sharing Act (CISA), introduced by Intelligence Committee Chairman Richard Burr (R-NC). The bipartisan legislation is intended to encourage private sector entities to share information with the government regarding hacks and other cyber intrusions into their systems by providing legal immunity for those who do so. The bill was reported by the Intelligence Committee 14-1, with the only dissenting vote coming from Senator Ron Wyden (D-OR), who argues that information-sharing without adequate privacy protections is the equivalent of government surveillance. Despite the lopsided vote in committee, opponents, including major tech and telecom companies, have expressed privacy concerns and called for improvements from the current version of the bill. A number of amendments that are intended to enhance privacy safeguards in the bill can be expected during Senate debate. The House passed two companion cybersecurity bills in April. Should the Senate pass legislation, it will have to be reconciled with these two bills before Congress can vote on a final cybersecurity bill.
Congressional committees will also be busy. The high-profile event of the week will be former Secretary of State and Democratic presidential front-runner Hilary Clinton’s testimony at an open hearing before the House Select Committee on Benghazi on Thursday. The Committee has been the subject of negative press in recent weeks after House Majority Leader Kevin McCarthy made comments suggesting Secretary Clinton’s drop in popularity polls in the 2016 presidential race was directly attributable to the Select Committee’s investigation of the 2012 attacks on U.S. facilities in Benghazi, Libya, that killed the Ambassador and several security personnel. Democrats seized the opportunity to accuse Republicans of creating the panel for the sole purpose of damaging or derailing Secretary Clinton’s presidential campaign. Some have also speculated that the backlash to Leader McCarthy’s comments about Secretary Clinton’s poll numbers caused him to abandon his candidacy for Speaker of the House. Regardless, many are anticipating fireworks when the former Secretary appears before the Committee on Thursday. Secretary Clinton previously testified before the Select Committee in January 2013, but the recent scandal over her use of a private email account for official business while she served as Secretary of State is likely to be a major focus of the Committee’s questioning. Secretary Clinton’s longtime aide Huma Abedin testified in a closed-door interview with the committee last week.
On Thursday, the House Transportation and Infrastructure Committee will mark up a six-year $325 billion surface transportation reauthorization bill. Similar to legislation that passed the Senate in July, the six-year House bill only provides three years of funding, relying largely on the House Ways and Means Committee to produce three additional years of funding through offsets. The legislation largely maintains current baseline funding levels. The bill also attempts to enact efficiencies at the Department of Transportation by consolidating or eliminating some offices, and would streamline the environmental review and permitting process, as the current process is largely criticized by many transportation officials across the country as too burdensome. As noted above, the current highway authorization expires on October 29. Another short term extension will likely be necessary to give the House enough time to pass a bill and for a conference committee to work out the differences between the House and Senate versions.
A full list of congressional hearings scheduled this week is detailed below:
Monday, October 19, 2015
Senate Committees
S. 2123, Sentencing Reform and Corrections Act of 2015
Senate Judiciary
Full Committee Hearing
3 p.m., 216 Hart Bldg.
Tuesday, October 20, 2015
Senate Committees
Energy, Interior Nominees
Senate Energy and Natural Resources
Full Committee Confirmation Hearing
10 a.m., 366 Dirksen Bldg.
North Korea and Nuclear Issues
Senate Foreign Relations
Full Committee Hearing
10 a.m., 419 Dirksen Bldg.
Social Security Outlook
Senate Homeland Security and Governmental Affairs
Full Committee Hearing
10 a.m., 342 Dirksen Bldg.
Paris Climate Change Negotiations
Senate Environment and Public Works – Subcommittee on Clean Air and Nuclear Safety
Subcommittee Hearing
2:45 p.m., 406 Dirksen Bldg.
Paris Climate Change Negotiations
Senate Foreign Relations – Subcommittee on Multilateral International Development, Multilateral Institutions and International Economic, Energy and Environmental Policy
Subcommittee Hearing
2:45 p.m., 419 Dirksen Bldg.
Intelligence Issues
Senate Select Intelligence
Full Committee Closed Briefing
2:30 p.m., 219 Hart Bldg.
Joint Committees
European Refugee Crisis
Commission on Security and Cooperation in Europe
Full Committee Hearing
2 p.m., 2200 Rayburn Bldg.
Wednesday October 21, 2015
House Committees
Foreign Subsidies and U.S. Farming
House Agriculture
Full Committee Hearing
10 a.m., 1300 Longworth Bldg.
“Examining DOD Security Cooperation: When It Works and When It Doesn’t”
House Armed Services
Full Committee Hearing
10 a.m., 2118 Rayburn Bldg.
U.S. Mine Safety Policies
House Education and the Workforce – Subcommittee on Workforce Protections
Subcommittee Hearing
10 a.m., 2261 Rayburn Bldg.
Examining Ways to Improve Vehicle and Roadway Safety
House Energy and Commerce – Subcommittee on Commerce, Manufacturing and Trade
Subcommittee Hearing
10 a.m., 2123 Rayburn Bldg.
Examining the Medicare Part D Medication Therapy Management Program
House Energy and Commerce – Subcommittee on Health
Subcommittee Hearing
10:15 a.m., 2322 Rayburn Bldg.
Examining Legislative Proposals to Reduce Regulatory Burdens on Main Street Job Creators
House Financial Services – Subcommittee on Financial Institutions and Consumer Credit
Subcommittee Hearing
10 a.m., 2128 Rayburn Bldg.
Worldwide Threats and Global Security Challenges
House Homeland Security
Full Committee Hearing
10 a.m., 311 Cannon Bldg.
Secure Credentials Issued by the Government Publishing Office
House Oversight and Government Reform
Full Committee Hearing
9 a.m., 2154 Rayburn Bldg.
Cybersecurity and Electric Power
House Science, Space and Technology – Subcommittee on Energy; House Science, Space and Technology – Subcommittee on Research and Technology
Subcommittees Joint Hearing
10 a.m., 2318 Rayburn Bldg.
Credit Card Security and the EMV Deadline
House Small Business
Full Committee Hearing
11 a.m., 2360 Rayburn Bldg.
Abandoned Mine Cleanups
House Transportation and Infrastructure – Subcommittee on Water Resources and Environment
Subcommittee Hearing
10 a.m., 2167 Rayburn Bldg.
VA Department Employees Subpoena Authorization
House Veterans’ Affairs
Full Committee Business Meeting
10:15 a.m., 334 Cannon Bldg.
Veterans Relocation Program
House Veterans’ Affairs
Full Committee Hearing
10:30 a.m., 334 Cannon Bldg.
Update on the F-35 Joint Strike Fighter Program
House Armed Services – Subcommittee on Tactical Air and Land Forces
Subcommittee Hearing
3:30 p.m., 2212 Rayburn Bldg.
Broadcasting Ownership in the 21st Century
House Energy and Commerce – Subcommittee on Communications and Technology
Subcommittee Hearing
2 p.m., 2123 Rayburn Bldg.
The Future of Housing in America: Federal Housing Reforms that Create Housing Opportunity
House Financial Services – Subcommittee on Housing and Insurance
Subcommittee Hearing
2 p.m., 2128 Rayburn Bldg.
Burma’s Challenge: Democracy Human Rights Peace and the Plight of the Rohingya
House Foreign Affairs – Subcommittee on Asia and the Pacific
Subcommittee Hearing
2 p.m., 2172 Rayburn Bldg.
Russian Engagement in the Western Hemisphere
House Foreign Affairs – Subcommittee on the Western Hemisphere
Subcommittee Hearing
2 p.m., 2200 Rayburn Bldg.
Examining Law Enforcement Use of Cell Phone Tracking Devices
House Oversight and Government Reform – Subcommittee on Information Technology
Subcommittee Hearing
1 p.m., 2154 Rayburn Bldg.
Senate Committees
Agriculture Biotechnology
Senate Agriculture, Nutrition and Forestry
Full Committee Hearing
10 a.m., 106 Dirksen Bldg.
Future of Defense Reform
Senate Armed Services
Full Committee Hearing
9:30 a.m., 216 Hart Bldg.
Reforming the Federal Budget Process
Senate Budget
Full Committee Hearing
10:30 a.m., 608 Dirksen Bldg.
EPA Regulatory Impact Analyses
Senate Environment and Public Works – Subcommittee on Superfund, Waste Management and Regulatory Oversight
Subcommittee Oversight Hearing
10 a.m., 406 Dirksen Bldg.
Ongoing Migration From Central America
Senate Homeland Security and Governmental Affairs
Full Committee Hearing
9:30 a.m., 342 Dirksen Bldg.
Examining the Government Accountability Office Report on Indian Energy Development
Senate Indian Affairs
Full Committee Oversight Hearing
2:15 p.m., 628 Dirksen Bldg.
Judiciary Nominations
Senate Judiciary
Full Committee Confirmation Hearing
10 a.m., 226 Dirksen Bldg.
Tech Support Fraud
Senate Special Aging
Full Committee Hearing
2:30 p.m., 562 Dirksen Bldg.
Thursday, October 22, 2015
House Committees
S. 611, the Grassroots Rural and Small Community Water Systems Assistance Act
House Energy and Commerce – Subcommittee on Environment and the Economy
Subcommittee Hearing
10 a.m., 2123 Rayburn Bldg.
U.S. Housing Outlook
House Financial Services
Full Committee Hearing
10 a.m., 2128 Rayburn Bldg.
Federal Emergency Preparedness and Response
House Homeland Security – Subcommittee on Emergency Preparedness, Response and Communications
Subcommittee Hearing
10 a.m., 311 Cannon Bldg.
FBI Oversight
House Judiciary
Full Committee Oversight Hearing
10 a.m., 2141 Rayburn Bldg.
EPA’s 2015 Ozone Standard: Concerns Over Science and Implementation
House Science, Space and Technology
Full Committee Hearing
10 a.m., 2318 Rayburn Bldg.
Former Secretary of State Hilary Clinton Testimony
House Select Committee on Benghazi Attack
Full Committee Hearing
10 a.m., Location TBA
Surface Transportation Reauthorization
House Transportation and Infrastructure
Full Committee Markup
10 a.m., 2167 Rayburn Bldg.
VA Primary Care
House Veterans’ Affairs – Subcommittee on Health
Subcommittee Hearing
10 a.m., 334 Cannon Bldg.
Countering Adversarial Propaganda: Charting an Effective Course in the Contested Information Environment
House Armed Services – Subcommittee on Emerging Threats and Capabilities
Subcommittee Hearing
2 p.m., 2212 Rayburn Bldg.
EPA’s CO2 Regulations for New and Existing Power Plants: Legal Perspectives
House Energy and Commerce – Subcommittee on Energy and Power
Subcommittee Hearing
2 p.m., 2123 Rayburn Bldg.
Africa’s Great Lakes Region: A Security, Political, and Humanitarian Challenge
House Foreign Affairs – Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations
Subcommittee Hearing
2 p.m., 2200 Rayburn Bldg.
North Korea: Back on the State Sponsor of Terrorism List?
House Foreign Affairs – Subcommittee on Terrorism, Nonproliferation, and Trade
Subcommittee Hearing
2 p.m., 2255 Rayburn Bldg.
H.R. 3094, Gulf States Red Snapper Management Authority Act
House Natural Resources – Subcommittee on Water, Power and Oceans
Subcommittee Hearing
2 p.m., 1324 Longworth Bldg.
A Review of Vet Success on Campus Program
House Veterans’ Affairs – Subcommittee on Economic Opportunity
Subcommittee Hearing
2 p.m., 334 Cannon Bldg.
Senate Committees
Puerto Rico: Focusing on the economy, debt, and options for Congress
Senate Energy and Natural Resources
Full Committee Hearing
10 a.m., 366 Dirksen Bldg.
Improving Pay Flexibilities in the Federal Workforce
Senate Homeland Security and Governmental Affairs – Subcommittee on Regulatory Affairs and Federal Management
Subcommittee Hearing
9:30 a.m., 342 Dirksen Bldg.
S. 2123, Sentencing Reform and Corrections Act of 2015
Senate Judiciary
Full Committee Hearing
10 a.m., 226 Dirksen Bldg.
Intelligence Issues
Senate Select Intelligence
Full Committee Closed Briefing
2:30 p.m., 219 Hart Bldg.