Today a three-week work period begins for Members of Congress arriving back in Washington, where President Trump has remained active (including via his Twitter account). The President has announced initiatives to address a host of topics, from immigration reform to international trade, as well as personnel changes within his Cabinet and White House staff. With the midterm elections now firmly in its sights, Congress is more likely to react to the President’s actions through its confirmation and oversight responsibilities, than through legislation requiring compromise and bipartisanship.

After negotiating a two-year, bipartisan budget deal in early March and passing a massive $1.3 trillion omnibus spending bill that funds the government through the remainder of Fiscal Year (FY) 2018, in a dramatic, eleventh hour tweet, President Trump toyed with the idea of vetoing the massive spending package after House and Senate passage last month, which would have caused the government to shut down.  He eventually signed the bill into law, after announcing his reservations with the legislation, stating he would “never sign another bill like this again.”  In particular, the President said he had wanted more funds for his proposed border wall with Mexico.  The chaos this surprise veto threat caused for congressional leadership demonstrates how volatile the political process has become even as Republicans control both the Executive and Legislative branches. Congressional Republicans may have learned that they can cut deals on Capitol Hill, but they cannot leave out the White House without risking a veto threat.

The President’s disappointment with the omnibus appropriations bill has reportedly resulted in discussions with GOP leadership about a potential rescission request, which would roll back portions of the spending bill even though it has already become law.  While it is unlikely that a majority of members would support a rescission request from the Administration, the fact that GOP leaders are even engaging in the conversation with the President shows that he can impose his own frame on Congress’s agenda. A rescission request could jeopardize the FY 2019 appropriations process that is underway, set to the topline numbers established by the March budget agreement.

…
Continue Reading The Congressional Agenda for April

Upcoming Congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for Fiscal Year (FY) 2018, which began last October 1, and FY 2019.  This two-year spending deal will likely put an end to the months of partisan debate over defense and domestic spending caps following five short-term spending bills that led to two government shutdowns. The current stopgap spending measure (P.L. 115-123) expires on March 23, giving members just three short weeks to complete work on a $1.2 trillion omnibus bill.

The budget compromise provides for almost $300 billion in additional federal spending over the limits established by the 2011 Budget Control Act (BCA). House and Senate appropriators are now working to allocate the funds into the 12 annual appropriations bills and draft the legislation that meets the parameters of the agreement.  Lawmakers hope to roll these 12 bills into a single legislative vehicle, an omnibus bill, that can pass both chambers before the March 23 deadline. It remains to be seen whether the spending bill could carry a number of controversial policy issues that remain unresolved, including gun control, immigration and border security, and health care, among other topics.

There have been discussions among the White House and congressional leaders about potential gun safety or other related legislation following Florida’s recent disheartening mass school shooting, but Republicans and Democrats are divided on what should and can be done.  President Trump has indicated openness to an increase in the age requirement for buying rifles from age 18 to 21, a proposal to extend mandatory background checks to include sales at gun shows and over the internet, incentives encouraging the arming of teachers, and a ban on bump stocks or assault weapons. At least some of these measures would require departures from prevailing Republican orthodoxy. Under application of Senate rules, action there would require some bipartisan cooperation in order to achieve 60 vote thresholds on any of these measures. The Senate could also attempt to strengthen the National Instant Criminal Background Check System (NICS) to prevent criminals from purchasing firearms. Democrats support NICS legislation, although some conservative Senate Republicans have expressed due process concerns.  A version of this legislation passed the House in December, but was paired with a provision providing concealed carry reciprocity to legal gun owners.  It is unclear whether the House would take up the NICS legislation on its own.  It is possible that less controversial gun or school safety measures could be incorporated into the omnibus spending package.

…
Continue Reading The Congressional Agenda for March

The Republican-led Congress and President Trump secured their first significant legislative victory with the December passage of tax reform legislation. Following that success, the GOP passed another temporary funding bill to avert a government shutdown before adjourning for the Christmas-New Year break. As a result, congressional leaders have again put off a resolution of a…

As has become customary in recent years, members of Congress face a daunting to-do list in the final weeks of 2017. Both chambers are scheduled to be in session through December 15, but the actual adjournment date for the year is likely to be pushed closer to the Christmas holiday or beyond, given the number…

After months of talk, speculation and behind-the-scenes negotiations, the Republican tax reform proposal is expected to be released to the public this week. It is likely to remain at the forefront of legislative business during this November work period. The stakes surrounding it are very high; failure to pass the bill could have many effects,…

In contrast to the September work period, when a number of must-pass measures and a last-ditch (and eventually unsuccessful) effort to repeal the Affordable Care Act topped the congressional agenda, the three-week October session is likely to see Republican leaders in the House and Senate try to advance one of their central policy goals: comprehensive…

For the first months of united Republican governance in Washington, the new administration and Congress accomplished little: confirmation of a new Supreme Court justice, repeal of some late Obama-era regulations, and reform of the Department of Veterans Affairs. The failure to repeal and replace the Affordable Care Act, despite seven years of promises lingers as…

A brief column for a brief work period.  The House left at the end of last week for its annual August break.  The Senate had been scheduled to join the House too, but in the run-up to the debate on the failed healthcare-reform bill, Senate Majority Leader Mitch McConnell announced the Senate would remain in…