Can Congress Still do Big Things? Aderholt & Appropriations… An Impeachment Trial… Pending Legislation… Lejeune Payouts… Data Privacy… More jobs.
The Schedule. The House and Senate are in session for the remainder of April, with the exception of the week of April 22.
A Bridge in the Water. The Francis Scott Key Bridge—now a landscape of mangled steel emerging from waters near Baltimore—is a physical embodiment of an important question: Can the historically unproductive 118th Congress work through the dysfunction to address an urgent national problem?
And, make no mistake, it’s a national issue. The collapsed bridge once carried a major interstate in the northeastern corridor, and the wreckage continues to significantly impede access to the Port of Baltimore—America’s top entry point for automobiles and farm machinery. Moreover, a U.S. Coast Guard shipyard sits upriver from the blocked passage, as are a number of Ready Reserve vessels for use by the Department of Defense. Crews have opened passages for smaller ships, but fully removing the debris, clearing the channels, and rebuilding the interstate bridge are herculean and expensive tasks.
Traditionally, congressional response to a national disaster would be swift and predictable, starting with an unequivocal statement of support from congressional leadership and ending with the passage of emergency appropriations. But today it’s an open question how Congress will respond.
The Biden Administration is seeking full federal funding for the rebuild, and some conservatives in the House have preemptively laid out a series of limitations on any emergency spending. The policy considerations—which counterintuitively put more pressure on House Speaker Mike Johnson than President Joe Biden—include requirements to seek compensatory damages from the shipping company, lift burdensome regulations that might impede reconstruction and limit federal spending to aspects of the project that have a federal nexus.
In the past, a public list of demands from within the majority party would have rarely occurred; those conversations usually take place behind closed doors. Nonetheless, good faith efforts to ensure that billions of taxpayer dollars are put to good use is commendable. Watch for signs, however, that the legitimate policy concerns of some are being hijacked as pretextual justifications for political obstruction by others. In an election year, there are plenty looking to block Biden at every move, and the House majority is down to a one vote margin.
Best guess: the emergency funds will be approved—eventually, with Democratic votes in the House or as part of a larger bill, and with many strings attached. Fine, the legislative process is rarely pretty.
But, if funds are withheld, or if a federal response drags on so long as to be ineffective, it may be another sign we are losing the capacity to work together to solve big problems. If Washington can’t help fix our bridge or open our port, how will it respond to something more dire: another pandemic, a cyber-attack on critical infrastructure, or the convergence of threats like Iran, Russia, and China? In the 2000s, the phrase “a bridge to nowhere” became synonymous with Congressional corruption and ineptitude. Might “a bridge in the water” become something similar?
Aderholt & Appropriations. At least 54 of the 435 Members of the House present at the start of the 118th Congress won’t return for the 119th, and that’s even before the general election takes place.
One notable retirement is that of House Appropriations Committee Chair Kay Granger of Texas, who last October announced that she would not run for reelection (rare) and then last month surprisingly gave up the gavel to the powerful committee (rarer still). Tom Cole, the well-liked Vice-Chairman of the Committee, quickly announced his candidacy for the job and locked down support.
In the House, Committee assignments are determined by a steering committee. A vote to appoint Cole, which is scheduled for this week, had appeared to be little more than a formality.
Not so fast. Last week Alabama Rep. Robert Aderholt penned a letter appearing to urge a delay, a move some saw as a last-minute play for the chairmanship. Maybe, but that’s not what the letter says.
Another interpretation: Aderholt is taking on the much-needed role of conservative reformer, earnestly trying to fix a “broken” spending process that gets worse with each passing year. Without casting blame, Aderholt acknowledges that Republicans’ “well-intentioned goals of passing appropriations bills through regular order and on schedule, while also preventing divisive provisions from finding their way into the bills, have thus far failed.” And he correctly notes that “the real problem is that the underlying process to produce the bills is fundamentally flawed.”
That process increasingly centralizes control over spending into just a few hands, regularly relies on stop-gap Continuing Resolutions, and generates massive omnibus bills on which members must vote with little input or review. That approach might have worked in the days of large congressional supermajorities, but in an era of narrow control of the chamber—which is probably here to stay—it doesn’t. Too many members are alienated by a system that denies them the opportunity to do their jobs correctly.
Criticism of this process is not new, of course. But a serious rebuke of the appropriations process by a senior appropriator is, and Aderholt’s letter brings credibility and much needed truth telling to the conversation. It’s yet to be seen if the vote is delayed and a family conversation ensues. If not, Aderholt’s letter will look deeply prescient when the same harmful pattern repeats itself.
A Senate Impeachment Trial, Sort Of. Don’t blink or you may miss the Senate trial of impeached Department of Homeland Security Secretary Alejandro Mayorkas this week. In February, the House impeached Mayorkas, a vote that—taken in its best light—was an expression of deep frustration over the horrific state of the Southern border. Nonetheless, evidence of “high crimes and misdemeanors” were never presented. And, thankfully for Mayorkas, being bad at your job or not particularly likeable isn’t cause for removal. Senate Majority Leader Chuck Schumer has referred to the impeachment as “sham,” and will likely move quickly to dismiss the charges with a simple majority vote.
Data Privacy. Who owns all that personal data that you’ve pumped into apps and websites all these years? Well… that’s a tricky question with a complicated answer that probably doesn’t end with “you do.” That’s due in part to a patchwork quilt of U.S. laws and individual state statutes. In recent years, engineering a comprehensive approach to data security akin to Europe’s General Data Protection Regulation, billed as the “toughest privacy and security law in the world,” has been elusive. Now, we may be one small step closer: Republican Rep. Cathy McCMorris Rogers and Democratic Senator Maria Cantwell just unveiled a bipartisan and bicameral deal on a data privacy bill that would regulate how private companies use an individual’s data. Any movement in this space—especially led by two well-respected members—is a big deal that will be closely watched by stakeholders inside and out of the tech sector.
Legislation on the Radar. FISA reauthorization, Ukraine funding, and aid for Israel are all front burner issues in April.
Lejeune Payouts Too Slow. Frustration is growing over the slow pace of payouts to injured vets under the Camp Lejeune Justice Act (CLJA). Passed in 2022, CJLA set up the government’s thus far failing effort to rapidly compensate Marines and family members exposed to toxic water at the military installation. Today, those vets have a much higher rate of life-threatening conditions like liver cancer, bladder cancer and leukemia. More than 175,000 have filed for relief. Between the slow pace of litigation and the bureaucracy of government, the current process is not working—very few claims have been resolved. As noted recently by AL.com columnist Cameron Smith, the situation is ripe for the appointment of a Special Master or a private Claims Administrator to give veterans seeking more immediate resolution better options. Expect more congressional oversight. A legislative fix may be needed.
More jobs. Last Friday’s jobs report reveals an additionally 303,000 new jobs in March—more than expected. Those numbers would usually be good news for the incumbent president running for re-election, but in this case the continued growth may delay the Federal Reserve’s planned cut to interest rates that remain at a 23-year high. Higher rates mean higher borrowing costs for everything from credit cards, automobiles, homes—and home repairs. Not a great look for the incumbent.