GOP sharpens regulatory scalpel

Presented by the Association of American Railroads: A play-by-play preview of the day’s congressional news

Feb 27, 2023 View in browser   By Katherine Tully-McManus Presented by MAKE WAY FOR THE CRA — Republicans are readying to make waves with one of the few mechanisms they’ve got holding just one chamber with a tiny majority. GOP lawmakers of all stripes are usually eager to take aim at what they say are burdensome regulations. The Congressional Review Act is their battle ax and they’re coming out of recess swinging. TTFN, ESG? Rep. Andy Barr (R-Ky.) and Sen. Mike Braun (R-Ind.) launched their attack earlier this month on the Department of Labor’s rulemaking to allow fiduciaries to take environmental, social and governance — or ESG — factors into consideration when choosing retirement investments. The House will take up legislation this week from Barr to roll back the Biden administration (ESG) rule. Sen. Mike Braun (R-Ind.) has a Senate version which, before the break, needed just one more Democrat to support it. (West Virginia Democrat Sen. Joe Manchin is already on board.) Simple math: The measure is just one of a handful of Congressional Review Act resolutions that Republicans are eyeing as they return from the recess. Under the CRA, Congress has a limited 60 legislative working days to strike down agency rulemaking. They’re on the clock. Sen. Shelley Moore Capito (R-W.Va.) is looking to permanently repeal the Biden administration’s waters of the U.S. — or WOTUS – with a Senate vote possibly in March. But the House is expected to go first on that one, as well. A CRA resolution just needs a simple majority in both chambers and isn’t subject to a filibuster in the Senate. And even in the Democratic controlled Senate, the measures are “privileged resolution,” which compels the majority to schedule a vote. Biden can, of course, veto any CRA resolution that arrives on his desk. RELATED: Conservatives Have a New Rallying Cry: Down With ESG, from Julie Bykowicz and Angel Au-Yeun at The Wall Street Journal DEMS BANK BIDEN FACETIME — After weeks away from Washington, Democrats will get some facetime this week with President Joe Biden. He’ll join House Dems in Baltimore Wednesday for a keynote speech at the caucus’ issues conference, which Vice President Kamala Harris will also attend. Senate Democrats will hear from Biden at a special Senate Dems Caucus lunch meeting on Thursday. A message from the Association of American Railroads: When it comes to safety – 99.9% is not enough. While 99.9% of all hazmat shipments that move by rail reach their destination safely, we know a single incident can have significant impacts. That’s why America’s freight railroads will never stop working to improve safety and protect communities, workers and the environment. Learn more.   GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Monday, Feb. 27, where your host has returned along with both chambers. LANKFORD’S FAREWELL — He’s not going anywhere. But Sen. James Lankford (R-Okla.) will deliver the annual reading of George Washington’s Farewell Address in the Senate today. The tradition began in 1862 and will continue this afternoon. House Appropriations Committee chair Rep. Kay Granger (R-Texas) will face major challenges this spending cycle. | Manuel Balce Ceneta/AP Photo GRANGER FACES A GRINDSTONE — Rep. Kay Granger has an unenviable task ahead of her. The top Republican on the House Appropriations Committee, Granger (R-Texas) holds the burden of leading the spending panel in drafting the dozen annual spending bills that her party has pledged to move independent of one another. But the harder task might be convincing the fractured GOP Conference to come together to support them. Last year she basically stood down and let the three other “four corners” craft the massive omnibus spending bill, which she voted against. That’s not on the table this go-around. Speaker Kevin McCarthy (R-Calif.) promised the GOP conference that all 12 spending bills will move separately and that there will be unlimited amendments. “It is mayhem,” Granger told Jennifer and Caitlin, recalling the 2009 process (the last time all bills passed as standalone measures.) But she has a plan: communicate early and often with members “on both sides of the aisle” to win buy-in for her bills well before they hit the floor. For those who are looking for military spending cuts, Granger is ready for a fight. “I don’t support cutting defense,” she said. “That’s the one that I’m really, really hard-core on.” Caitlin and Jennifer have more in a fresh profile of Granger.   JOIN POLITICO ON 3/1 TO DISCUSS AMERICAN PRIVACY LAWS: Americans have fewer privacy rights than Europeans, and companies continue to face a minefield of competing state and foreign legislation. There is strong bipartisan support for a federal privacy bill, but it has yet to materialize. Join POLITICO on 3/1 to discuss what it will take to get a federal privacy law on the books, potential designs for how this type of legislation could protect consumers and innovators, and more. REGISTER HERE.     GOODEN DOUBLES DOWN —  Rep. Lance Gooden (R-Texas) is doubling down on his attacks on Rep. Judy Chu (D-Calif.) based on her Chinese heritage. After being called out by colleagues on both sides of the aisle for previous comments against Chu, Gooden tweeted Sunday night that “It's not 'xenophobic' to question where her loyalty lies.” Speaking last week on Fox News, Gooden said of Chu: “I question her either loyalty or competence.” Gooden also said that Chu should be barred from access to classified information. Chu was born in Los Angeles. Rep. Mike Gallagher (R-Wis.), chair of the House’s new select committee on China, pushed back, calling Gooden’s comments “out of bounds.” Rep. Raja Krishnamoorthi (D-Ill.) the panel’s ranking member, said he found the comments “offensive as an Asian American myself.” A DEMOCRAT? MANCHIN DEMURRED — “I identify as an American,” said Sen Joe Manchin (D-W.Va.) when asked repeatedly during a Sunday morning Fox News appearance if he still considered himself a Democrat. “I’m an American through and through.”   A message from the Association of American Railroads:   HUDDLE HOTDISH Slow down… Speed bumps were installed at the Rayburn garage’s C Street 24-hour vehicle exit over the weekend. Take the hint. Portrait mode… Sen. Chuck Grassley (R-Iowa) almost shows off the Brumidi Corridors. Wedding bells… Rep. Cori Bush (D-Mo.) tied the knot with “the love of her life” Cortney Merritts, per her chief of staff Abbas Alawieh. Merritts, a veteran of the U.S. Army, has worked for Bush's campaign as a security guard. QUICK LINKS  Memories of Wounded Knee reflect mixed legacy after 50 years, from Steve Karnowski at The Associated Press “He deported thousands of people, then learned he was undocumented” by CNN’s Catherine E. Shoichet Congressman Henry Cuellar says Biden's rule to restrict asylum is 'reasonable', from Michel Martin and Tinbete Ermyas at NPR “Nevada Democrats implode over battle for party control” by NBC News’ Natasha Korecki “Ed Markey helped make Elon Musk. Now, Markey is working to slow him down.” by Tal Kopan at Boston Globe “Two Arizona Republicans Show the Divide Over House Speaker Kevin McCarthy” by Eliza Collins at Wall Street Journal TRANSITIONS  Alice Su Jin Nam is now comms director for Rep. Marilyn Strickland (D-Wash.). She previously was deputy national press secretary and caucus and surrogates program manager for Senate Majority Leader Chuck Schumer (D-N.Y.). Peter Opitz is now press assistant for Rep. Katie Porter (D-Calif.). He most recently was Wisconsin finance associate for Mandela Barnes’ Senate campaign. Nick Dyer is now deputy chief of staff to Rep. Marjorie Taylor Green (R-Ga.). Green’s former legislative director Taylor LaJoie is now a legislative assistant for Sen. JD Vance (R-Ohio). Harry Fones is now comms director for Rep. Greg Murphy (R-N.C.). He most recently was comms director for the House Select Committee on Economic Disparity and Fairness in Growth, and is a Trump DHS alum.  Colin Driscoll is now scheduler for Rep. Dina Titus (D-Nev.). He most recently was district scheduling and outreach coordinator for Rep. David Cicilline (D-R.I.). Peter Warren is now senior adviser for the House Oversight Committee. He most recently was director of research at the Empire Center for Public Policy, and is a Trump OMB alum. Matt Krack has been named state press secretary for Sen. Raphael Warnock (D-Ga.). He previously was press secretary at Fair Fight and surrogates manager for Stacey Abrams’ gubernatorial campaign.  Katie Corr will be a legislative representative at the American Public Transportation Association. She previously was a legislative aide for Sen. Ben Cardin (D-Md.).   DOWNLOAD THE POLITICO MOBILE APP: Stay up to speed with the newly updated POLITICO mobile app, featuring timely political news, insights and analysis from the best journalists in the business. The sleek and navigable design offers a convenient way to access POLITICO's scoops and groundbreaking reporting. Don’t miss out on the app you can rely on for the news you need, reimagined. DOWNLOAD FOR iOS– DOWNLOAD FOR ANDROID.     TODAY IN CONGRESS The House convenes at noon for morning hour and 2 p.m. for legislative business. First votes are expected at 6:30 p.m. The Senate convenes at 3 p.m. to resume consideration of Jamar K. Walker’s nomination to be a U.S. District Judge for the Eastern District of Virginia. It will hold a cloture vote on the nomination at 5:30 p.m. AROUND THE HILL 5 p.m. House Rules Committee hearing on two bills headed to the House floor this week. (H-313) 3:30 p.m. Rep. Joe Wilson (R-S.C.) holds a press conference on National Right to Work. (House Triangle) TRIVIA FRIDAY’S WINNER: The Pennsylvania legislature voted 66 to 1 to elect William Maclay to the Senate. He served two years. TODAY’S QUESTION: In what related tradition, started in 1900, will Sen. James Lankford get to participate after he delivers Washington’s farewell address today? The first person to correctly guess gets a mention in the next edition of Huddle. Send your answers to ktm@politico.com. GET HUDDLE emailed to your phone each morning. Follow Katherine on Twitter @ktullymcmanus A message from the Association of American Railroads: Freight railroads prioritize solutions-oriented actions to address the leading causes of accidents. Ongoing investments in improved track and equipment, rigorous operating and training protocols, and advanced inspection technologies have led to a 55% decline in hazmat accidents in the last decade. Railroads stand ready to work with government officials and safety experts to identify and implement proven steps to help prevent future accidents from happening. Freight rail’s safety plan focuses on: — Stopping accidents before they occur. — Reducing the consequences of accidents that do occur. — Providing training and other resources to local first responders. — Protecting the health and safety of communities and the environment. — Using lessons learned to drive continual improvement. Learn more about freight rail’s commitment to hazmat safety.     Follow us

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