JT TAYLOR | CAPITAL BRIEF  - JT   Potomac banner 2 

IN THE HOUSE: The House is expected to vote on a bill that would reform the Electoral Count Act by, among other things, reaffirming that the Vice President does not have the authority to reject or delay the counting of electoral slates from a presidential election. The legislation, which was introduced yesterday, is sponsored by two members of the House January 6 committee – Reps. Liz Cheney (R-WY) and Zoe Lofgren (D-CA).

ON THE SENATE FLOOR: The Senate will continue to consider nominations this week – at least those with bipartisan support. Senator Tammy Baldwin (D-WI) is quarantining because of a positive Covid test, so Democrats will be without her vote for the next several days. The Senate could vote on legislation (S. 4822) that would require organizations spending money in elections, including super PACs and 501(c)(4) nonprofits, to disclose donors giving $10,000 or more during an election cycle.   

Senators plan to vote on the Kigali Amendment to the Montreal Protocol to phase down hydrofluorocarbons (HFCs) found in air conditioning and refrigeration appliances.  Ratification of the agreement requires approval from at least 67 Senators.  A vote on legislation to codify the right of same-sex couples to marry has been delayed until after the midterm elections. 

CONTINUING RESOLUTION (CR):  There are more questions than answers when it comes to a continuing resolution that is needed to fund the government after September 30. 

  • Will the House or Senate act first?  House Majority Leader Steny Hoyer said on September 12 that the Senate would go first, but now it’s unclear if that will be the case.  
  • Will the CR include legislation to reauthorize the user fees needed to keep the FDA from laying off employees after September 30?  It’s likely there will be some sort of authorization before the deadline, but key players have not yet reached an agreement on the details. 
  • Will the CR be the vehicle for energy project permitting reform pushed by Senator Joe Manchin (D-WV)?  Democratic leaders continue to say that is their plan, but it remains to be seen whether the proposal, which has not yet been unveiled, can garner sufficient Democratic and Republican votes for passage.

With the September 30 deadline looming, there are few days left for action. The House will not be in session on Friday, Monday, and Tuesday. The Senate will be out on Monday.

Republican Resolutions:  House rules provide that a “resolution of inquiry” has special parliamentary status. A non-debatable motion to take up the resolution is permitted on the House floor if the House committee of jurisdiction doesn’t take action within 14 legislative days after the resolution’s introduction. With this in mind, House Republicans have recently introduced numerous resolutions of inquiry, forcing committees to act. 

Last week, for example, the Education and Labor Committee voted along party lines to report unfavorably Republican resolutions directing the Administration to provide Congress with documents related to re-opening schools and forgiving student loans. The Homeland Security Committee voted to adversely report resolutions dealing with border policies and the Disinformation Governance Board at the Homeland Security Department. 

On Tuesday, the Oversight and Reform Committee will vote on a resolution requiring the President to provide the House with documents relating to the Biden family’s international business dealings. Also this week, resolutions of inquiry will be considered by the Ways and Means, Natural Resources, Energy and Commerce, and Judiciary committees. Once the various committee's act, regardless of whether the action is favorable or unfavorable, only a Member authorized by the reporting committee can call up the resolution on the floor.  

As with last week’s actions, Democratic-controlled committees are expected to report the resolutions unfavorably and Democrats will not move to bring the resolutions up on the floor.  While these resolutions will not be considered by a Democratic House, they are seen as indications of issues that would be pursued by a Republican House.  A Congressional Research Service report provides more details on the process. 

COMMITTEE ACTION OF NOTE: 

  • Tuesday, September 20
    • Senate Banking, Housing, and Urban Affairs Committee Hearing: “Tightening the Screws on Russia: Smart Sanctions, Economic Statecraft and Next Steps”
    • Senate Armed Services Committee Hearing: “To receive testimony on United States Nuclear Strategy and Policy”
    • House Small Business Committee Hearing: “SBA Management Review: Office of International Trade”
    • House Ways and Means Committee Markup of Resolutions of Inquiry and Social Security legislation
    • House Oversight and Reform Committee Markup of Resolutions of Inquiry
    • House Transportation and Infrastructure Subcommittee on Water Resources and Environment Hearing: “The Clean Water Act at Fifty: Highlights and Lessons Learned from a Half Century of Transformative Legislation”
    • House Financial Services Subcommittee on National Security, International Development, and Monetary Policy Hearing: “Under the Radar: Alternative Payment Systems and the National Security Impacts of Their Growth”
    • House Agriculture Committee Hearing: “A 2022 Review of the Farm Bill: Stakeholder Perspectives on Title II Conservation Programs”
    • House Natural Resources Committee Hearing: “Public Lands and Waters Climate Leadership Act of 2022”
    • House Financial Services Subcommittee on Diversity and Inclusion Hearing: “Review of Diversity and Inclusion at America’s Largest Insurance Companies”
    • House Agriculture Committee Hearing: “Assessing Crypto as a Tool for Financial Inclusion”
    • Senate Judiciary Committee Hearing: “Oversight of Federal Enforcement of the Antitrust Laws”  
  • Wednesday, September 21
    • House Natural Resources Committee Markup of Resolutions of Inquiry
    • House Judiciary Committee Markup of Resolutions of Inquiry
    • House Homeland Security Committee Hearing: “Critical Infrastructure Preparedness and Resilience: A Focus on Water”
    • House Financial Services Committee Hearing: “Holding Megabanks Accountable: Oversight of America’s Largest Consumer Facing Banks”
    • Senate Small Business Committee Hearing: “Oversight of SBA’s State Trade Expansion Program”
    • Senate Intelligence Committee Hearing: “Protecting American Innovation: Industry, Academia, and the National Counterintelligence and Security Center”  
  • Thursday, September 22
    • House Financial Services Committee Hearing: “Examining the Impact of Growing Wildfire Risk on the Insurance Market”
    • Senate Banking, Housing, and Urban Affairs Committee Hearing: “Annual Oversight of the Nation’s Largest Banks”