Washington Weekly - October 5

This Week:

The House is now in recess and the Senate is in session.

Federal:

Done Deal: In the final hours of a looming government shutdown, the House passed a continuing resolution (CR) on Saturday to keep government funded through Nov. 17, which the Senate quickly passed, and President Biden signed.  This will allow both chambers of Congress an additional 45 days to continue their respective work on appropriations legislation. So far, the House has passed four appropriations bills (with eight to go) and the Senate has passed none. While the CR provides some breathing room for now, things clearly took a turn for the worse on Tuesday.

Motion to Vacate: Over the past few weeks, things in Washington have been incredibly fluid, changing almost by the hour. With the CR passed, members of the House Freedom Caucus took issue with Speaker Kevin McCarthy (R-CA) and how a deal on a CR was achieved. As a result, Rep. Matt Gaetz (R-FL) filed a motion to vacate the Chair on Monday night to remove McCarthy as Speaker. On Tuesday, a motion to table failed and after an hour of debate, the motion to vacate passed with all Democrats and eight Republicans voting to remove McCarthy as Speaker. The Republicans were: Reps. Andy Biggs (AZ), Ken Buck (CO), Tim Burchett (TN), Eli Crane (AZ), Matt Gaetz (FL), Bob Good (VA), Nancy Mace (SC), and Matt Rosendale (MT). Kevin McCarthy is the only Speaker of the House ever to be removed. 

What Happens Next: Many expected the Speakership to be vacant. However, due to a rule after 9/11 to ensure continuity in government, then-Speaker Kevin McCarthy provided the House Clerk a list of names that could serve as Speaker, should he be unable to perform his duties. The first name on that list was Rep. Patrick McHenry (NC), who now serves as Speaker Pro Tempore, with all the powers afforded to the Speaker of the House and is expected to preside over a new election. His first order of business was to announce his new position and bring the chamber into recess, subject to the call of the Chair. Both caucuses retreated to decide on what to do next.  As of this writing (Tuesday night), the House will remain in recess until Oct. 11, when it will return to elect a new Speaker. With Rep. Kevin McCarthy announcing that he will not seek the position, the potential candidates: House Majority Leader Steve Scalise (LA), House Whip Tom Emmer (MN), Conference Chair Elise Stefanik (NY), Republican Study Committee Chair Kevin Hern (OK), and House Budget Committee Chair Jodey Arrington (TX).  Stay tuned, it’s going to be a long week.

ASA Federal Action:

Water Heater NOPR: Last week, ASA filed comments with the Department of Energy, pertaining to its Notice of Proposed Rulemaking on consumer water heaters. This will be an ongoing process with a potential implementation date of Jan. 1, 2029. 

DOL Overtime Rulemaking: Last week, ASA joined 100 other business organizations in asking the Department of Labor for additional time in responding to its NOPR for employee overtime. As a result, DOL agreed to extend the comment period, representing a victory for a cross-section of industries that would be affected by this new proposed rule. 

Politics:

California: Last week, California’s senior Sen. Dianne Feinstein died at the age of 90. She had an illustrious political career as mayor of San Francisco, later being elected to the U.S. Senate in 1992, during the “Year of the Woman.” On Tuesday, California’s newest Senator was sworn in. Sen. Laphonza Butler (D) becomes the third Black female senator in history. A former labor leader and political operative, her appointment is the second by Gov. Gavin Newsom, who has now appointed both of California’s senators — along with now senior Sen. Alex Padilla (D).  This will upset the race for the same seat that is up for election in 2024, as Reps. Adam Schiff, Katie Porter and Barbara Lee are all vying for the seat. 

President Biden Job Approval (RCP Average): 41% Approve – 55% Disapprove.

Generic Congressional Ballot (RCP Average): Republicans 0.6% (before passage of the CR and removal of Kevin McCarthy as Speaker). The House currently has a composition of 221 Republicans to 212 Democrats (2 Vacancies). The Senate is comprised of 51 Democrats and 49 Republicans. Special Elections: Democratic: (RI-1 - General: 11/7/2023).  Republican: UT-2 - General: 11/21/2023. Rep. Chris Stewart (UT-2) resigned on Sept. 15, 2023.