GOP Unified Control Still Means Divided Congress
Flameout of health care reveals dissension, but some accomplishments obscured
The demise of the Republican effort to repeal the 2010 health care law put an exclamation point on what has become obvious in Washington: The GOP, for all its enthusiasm following its election win last year, is too riven with dissension to meet ambitious goals it set out for itself.
And President Donald Trump seems to have oversold his skills as a deal-maker.
“On delivering on their campaign promises, it’s hard to pat them on the back and tell them they’ve done a good job,” said Sam Geduldig, a former aide to House Speaker John A. Boehner of Ohio, now a partner at the CGCN Group lobbying firm.
That said, the downfall of the Senate health care effort has obscured the achievements Congress has had.
History shows that “it is a mistake to expect big-ticket legislative accomplishments during the early months of presidents newly elected to the office,” said David Mayhew, the Yale political scientist who is perhaps America’s foremost student of congressional productivity.
The exceptions come in moments of crisis, such as early 1933, when President Franklin D. Roosevelt signed landmark legislation to regulate the sale of stock in response to the Great Depression, or early 2009, when President Barack Obama got his stimulus bill to revive an ailing economy.
Obama didn’t sign his health care law or his financial regulatory overhaul, Dodd-Frank, until his second year in office. President George W. Bush got a tax cut across the finish line in June of his first year but didn’t sign the biggest policy victory of his first Congress, the No Child Left Behind law, until January of the following year.
Trump and Republican leaders in Congress have set ambitious goals to overhaul the 2010 health care law and revamp the tax code. Prospects for both look bleak — GOP leaders announced last week they were throwing out their initial tax plan — but who knows?
It’s easy to foresee the 115th Congress setting a record for futility. But there have been achievements.
So far, the biggest GOP win was the confirmation of Neil Gorsuch to the Supreme Court, gained by Senate Majority Leader Mitch McConnell’s decision to change Senate rules to allow a simple majority to confirm him — as well as hold the seat open more than year after Antonin Scalia’s death, depriving Obama of the chance at so much as a hearing for his nominee to succeed Scalia, Merrick G. Garland.
The Senate has confirmed every Trump Cabinet appointee it considered. Trump’s only loss on that front, his first Labor Department nominee Andrew Puzder, dropped out after acknowledging that he’d hired an unauthorized immigrant as a housekeeper.
Trump trails his three most recent predecessors, Obama, Bush and Bill Clinton, in the pace of his nominations and confirmations.
On the productive side of the ledger, this Congress did make innovative use of the Congressional Review Act, a 1996 law allowing it to rescind recently finalized regulations.
It had been used successfully once before, in 2001, when Bush signed a resolution revoking a rule by the Clinton Labor Department requiring employers to protect their workers from repetitive stress injuries: the ergonomics rule.
This year, Congress rescinded 14 Obama-era regulations to keep pollution out of streams and guns out of the hands of the mentally ill, among other things. Such CRA resolutions make up nearly a third of its legislative output.
It also sets a precedent future Congresses will surely mimic.
Veterans, spending bills
In May, Congress finalized fiscal 2017 spending. It came seven months after the fiscal year began, but was done without shutdown brinkmanship.
In June, Trump signed a law that marks a bipartisan win: a measure responding to the scandal at Veterans Affairs Department hospitals, where dying veterans were left waiting for appointments. The law makes it easier to fire VA employees for poor performance and for whistleblowers to come forward.
Still, Congress hasn’t made much progress on basic obligations. Fiscal 2018 appropriations bills have only begun to move, with no indication Republican leaders can, as promised, restore an orderly budget process.
The House passed a “minibus” spending bill Thursday covering four of the 12 annual appropriations bills for defense, military construction and veterans’ benefits, energy, and the legislative branch. It included $1.57 billion for barriers along parts of the U.S.-Mexico border.
There’s little likelihood it will be enacted in its current form. Because Democrats can block appropriations bills in the Senate, given the 60-vote threshold there, the two parties need to reach a deal to raise limits on defense and nondefense spending enacted in 2011.
Democrats don’t plan to go along with the wall funding, or the defense spending increase in the House bill if there are not comparable nondefense increases. Congress must raise the debt limit, too, this fall — always a fraught vote.
House Republicans hope to move a fiscal 2018 budget resolution when they return in September that would allow them to move forward with a tax overhaul using the fast-track budget reconciliation procedure. Reconciliation allows the Senate to pass measures that have budgetary effects such as taxes, spending and the deficit with only a simple majority.
But disagreements among Republicans over the centerpiece of the House GOP leaders’ initial tax proposal, a border adjustment tax that would have hit imports, prompted leadership on Thursday to ask the tax-writing committees to start over.
Meanwhile, Congress is making progress on other must-pass bills. The House has passed measures reauthorizing the Food and Drug Administration’s system of user fees — which help fund the agency — and a defense authorization bill. They await Senate action.
Both chambers are moving forward with legislation, due by Sept. 30, to reauthorize the Federal Aviation Administration. Progress is slow because of Trump’s plan to privatize the air traffic control system. The House has incorporated the proposal into its bill, but the Senate has rejected it. Republicans are divided over the idea, with rural members most likely to oppose it for fear it could hurt small airports.
And work has begun on reauthorization of the federal flood insurance program, also set to expire this year.
Another issue is what to do about surveillance authority granted to the National Security Agency in 2008 to collect emails of foreign terrorist suspects. The NSA’s dragnet at one time captured messages written by Americans who were not suspects but merely mentioned people who were, prompting an outcry from civil libertarians. The agency earlier this year said it was now only collecting emails to or from suspects.
Even so, the expiration of the authority at the end of this year will prompt a fight between security hawks who want to renew it, and civil liberties advocates who want to let it expire, or curtail it. Congress has made no progress on a resolution.