Oversight, Out of Mind

Congressional lawmakers, with no ability to hold hearings or entertain witnesses, have largely been forced to abdicate their responsibility to provide oversight of the Trump administration.

CONGRESS HAS BEEN sidelined for weeks by the ongoing coronavirus pandemic, forcing a body steeped in tradition to quickly adapt to legislating from afar in order to pass much-needed relief for devastated businesses and families. But even as lawmakers shift to a more remote lifestyle, conventional congressional oversight has largely been on hold without in-person hearings and witness testimony.
Nearly $3 trillion in spending for virus relief, reports of mass shortages of protective equipment for medical workers and a spate of what appear to be politically motivated firings that would ordinarily prompt a succession of witness and document requests have been met with a much slower response in the nearly six weeks that Congress has been on an extended recess.

Most committees have paused holding hearings to comply with social distancing guidance, and the current rules don’t allow proceedings to be conducted virtually since lawmakers must be physically present. Now, members are moving quickly to ramp up their oversight efforts and looking to resume publicly questioning officials – and issuing subpoenas if they don’t comply. Continue reading.

Democrats face disadvantage in COVID-19 political battle

The Hill logoHouse Democrats are facing a disadvantage in the political battle over the coronavirus pandemic, with the one chamber controlled by their party delaying its return to Washington while Senate Republicans come back in session next week.

Speaker Nancy Pelosi (D-Calif.) has been a constant presence on television while the House is out of session, and rank-and-file Democrats have been busy pushing relief proposals from their districts with virtual town halls and forums.

But Senate Republicans will have the optical advantage of taking floor votes, holding hearings — and boasting that they’re hard at work in the Capitol while the House remains on recess.  Continue reading.

Democrats aim to rein in White House on use of appropriated funds

House Budget chairman prepares measure that would limit president’s use of funds appropriated for other purposes

House Budget Chairman John Yarmuth introduced his long-awaited bill intended to reclaim congressional power over how taxpayer dollars are spent, which he said will “add teeth to budget law and further empower Congress to take a stand against Administrations that disregard our Constitution.”

The legislation, introduced Wednesday, follows the House’s impeachment of President Donald Trump on charges of abuse of power and obstruction of Congress stemming from his temporary hold on foreign aid to Ukraine.

Democrats charged the withholding was to pressure the Ukrainian government to investigate Democratic presidential candidate Joe Biden, the former vice president, and his son Hunter. Trump denied he blocked the aid to pressure Ukraine, and on Feb. 5 the GOP-controlled Senate acquitted him on both impeachment charges. Continue reading.

House cancels plan to return from recess next week

Axios logoThe House will not return from recess on May 4 as previously planned, Majority Leader Steny Hoyer (D-Md.) said Tuesday.

Why it matters: The decision, which Hoyer said Democratic leaders made after consulting with the House physician, follows outcry from some members who had safety concerns. The Senate still plans to come back on May 4.

  • The number of coronavirus cases in D.C. are still rising, and two nearby counties are considered hotspots, Hoyer said. The House physician told Hoyer that “there was a risk to members that is one he would not recommend taking.”
  • The majority leader added that the House will return once Congress and the Trump administration come closer to a deal on the next coronavirus relief package.

Continue reading.

House creates coronavirus oversight panel while Capitol implements new precautions

First recorded vote in nearly a month features new guidelines

Masked lawmakers descended on Washington on Thursday to deliberate and vote for the first time in nearly four weeks. When House members voted to create a new oversight body to monitor federal coronavirus expenditures, they did so in a Capitol transformed by public health measures in place to prevent the spread of the coronavirus pandemic.

The vast majority of members and staff wore masks in the chamber Thursday, at the urging of the attending physician.

“Use of a face covering, while voluntary, is recommended for Members and staff in any proceeding,” read a notice from the Office of the Attending Physician issued earlier in the week. Continue reading.

House passes $484B coronavirus relief package

The Hill logoThe House on Thursday voted overwhelmingly to pass legislation providing roughly $484 billion in coronavirus relief for small businesses, hospitals and expanded medical testing, capping weeks of contentious negotiations that had stalled Washington’s latest round of emergency aid.

The vote was 388-5-1, with four conservative Republicans breaking with GOP leaders to oppose the measure, citing its effect on federal deficit. Rep. Alexandria Ocasio-Cortez (D-N.Y.) also voted against the measure, while Rep. Justin Amash (I-Mich.) voted present.

The four Republicans who voted “no” were House Freedom Caucus Chairman Andy Biggs (Ariz.) and Reps. Ken Buck (Colo.), Jody Hice (Ga.) and Thomas Massie (Ky.).  Continue reading.

Problem Solvers propose bipartisan benchmarks for economic recovery

Plan calls for expanded testing, creation of a federal contact-tracing database and more

The Problem Solvers Caucus has come up with a bipartisan checklist of public health benchmarks for getting the economy started again and policies to help with the recovery from the coronavirus pandemic.

The six-page plan, shared first with CQ Roll Call, calls for establishing protocols to address viral hotspots, expanding testing, creating a federal contact-tracing database and instituting real-time data reporting on state and local hospital capacity and projected needs for health care staff, personal protective equipment, ventilators and respirators.

“This will require a regional, industry by-industry, incremental, multi-faceted, and data-driven approach,” the introduction to the checklists says. “This isn’t one-size-fits-all vision, but rather a dynamic multi-prong, multi-front strategy combining health, economic rescue, and stimulus plans for our nation’s immediate future.” Continue reading.

House Judiciary: McGahn case could stop congressional oversight ‘as we know it’

Case before D.C. Circuit hinges on House standing to file suit

The House Judiciary Committee warned a federal appeals court Thursday that the wrong decision in a separation-of-powers showdown with the Trump administration over the enforcement of subpoenas could “effectively eliminate Congressional oversight as we know it.”

Committee lawyers filed the brief as part of the House effort to force former White House counsel Don McGahn to testify about events detailed in the Mueller report. The Trump administration has argued the close presidential adviser enjoys “absolute immunity” from such testimony.

The full U.S. Court of Appeals for the District of Columbia Circuit is set to hear oral arguments April 28 on the committee’s McGahn subpoena, as well as the House’s effort to stop the construction of a wall on the U.S. border with Mexico. Continue reading.

Small business loan fund from coronavirus stimulus runs out

Axios logoThe $349 billion cap for small business loans for the coronavirus stimulus was reached Thursday, taking less than two weeks to run out.

Why it matters: While it’s a sign that more than 1.6 million small businesses (and some larger ones) will eventually get desperately needed cash, it’s now officially a sign that more is needed.

  • Paycheck Protection Program (PPP) loans are forgivable if used for payroll and rent and similar expenses, and they’re designed to keep otherwise healthy businesses afloat during this crisis.

The big picture: In roughly a month, coronavirus lockdowns have…

  1. Caused more than 1 in 10 working-age Americans to file for unemployment.
  2. Put historic pressure on businesses not initially affected by the lockdown, with a second wave of layoffs hitting nationwide. (WSJ) Continue reading.

Remote voting, hearing changes for House may come too late for pandemic use

McGovern to present options for remote work on Thursday, Pelosi says

House Democratic leaders appear to be accelerating the consideration of options for remote voting and hearings, but any decisions on how to proceed may still come too late for use during the coronavirus pandemic.

“We can’t do any of them right now because the rules will have to be modified,” House Majority Leader Steny H. Hoyer told reporters on a conference call Wednesday. “There will have to be agreement between the parties.”

House rules do not allow for the chamber to vote remotely or for committees to conduct formal hearings or business meetings without a physical presence. A rules change would require lawmakers to be in Washington to adopt a resolution for remote work procedures — unless there was unanimous consent among members, which is unlikely. Continue reading.