Overview
House GOP Oversight Is Coming
By most accounts, Republicans will take control of the US House of Representatives in November. That should put the tech, health, and the federal contracting industries, among others, on notice: oversight and investigations are coming.
With one exception (2002), the first midterm election in a president’s first term in office for the last 30 years has led to a loss of control in the House.1 Less than two weeks away from the election, the parties are still fighting fiercely in battleground districts – in part because of the many lingering uncertainties about the electorate itself. Inflation, gas prices, crime, the Dobbs decision, the shadow of former President Trump, and other issues may swing voters between now and November 8.
Should the GOP take control of the House, one thing is absolutely certain: Republicans will use House committees to their fullest to conduct broad oversight and investigations of the Biden administration, the implementation of major legislation, COVID-related matters, and many other issues. The Senate is likely to remain narrowly divided, and with a president of the opposing party, House Republicans will have a very difficult time enacting their major policy goals. They will, however, have complete control over the oversight and investigations processes.
In many respects, the situation in 2023 could closely resemble the events of 2011. The GOP took control of the House in 2010 in the middle of President Obama’s first term in the wake of an historic financial crisis and after enactment of sweeping legislation – the American Recovery and Reinvestment Act (ARRA) and the Affordable Care Act (ACA). The GOP majority focused their legislative efforts – futilely – on repealing or dramatically altering the ACA. Republicans ultimately had far greater success in their oversight efforts, exposing what they believed to be federal spending abuses under the ARRA, such as the case of solar panel manufacturer Solyndra.2
What’s on the Agenda?
House Republicans have helpfully provided a comprehensive list of items on their oversight agenda through the use of a little-known (and infrequently used) parliamentary vehicle known as a "resolution of inquiry." Authorized under Clause 7 of House Rule XIII, a resolution of inquiry is "a simple House resolution (H.Res.) making a direct request or demand of the President or the head of an executive department to provide specific factual information in the Administration’s possession."3 These resolutions enjoy a privileged status on the House floor unless committees of jurisdiction act upon them within 14 legislative days of their introduction.
Resolutions of inquiry were essentially held in abeyance during the current Congress until late July, when they regained their privileged status. That change in House procedure led Republicans to introduce a torrent of resolutions – over 50 in total. Those resolutions were referred to nine different House committees, where the overwhelming majority were considered and “reported adversely,” effectively killing them.
The subject matter of the resolutions provides a solid preview of Republicans' likely oversight emphasis in the future. By the numbers, they most frequently address matters related to COVID-19, followed by energy/climate issues, immigration, and technology/internet concerns. These priorities generally align with the House GOP’s "Commitment to America,"4 released earlier this fall.
The numbers do not tell the entire story, however. Two resolutions before the Committee on Oversight and Reform portend significant activity. First, H.Res. 1243, introduced by Ranking Member James R. Comer (R-KY), sought information related to the Biden family's "international business schemes and related information." The Democratic majority on the Oversight Committee has nullified this resolution, but matters related to Hunter Biden are sure to surface early in 2023. A second, H.Res. 1412, introduced by Representative Mike Carey (R-OH), seeks very broad information about the inflationary impact of major legislation enacted during the Biden administration. Most Republicans are currently focusing on inflation in their campaigns, and absent significant improvement on this front in the coming months, House committees are expected to devote attention to the issue next year.
The implementation of all of the historically significant legislation since the onset of the COVID pandemic – including the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act, the so-called “American Rescue Plan,” the Infrastructure Investment and Jobs Act (IIJA), the Inflation Reduction Act (IRA), and various appropriations bills – will also undergo scrutiny. These laws, together with over $13 trillion in federal spending over the last two fiscal years,5 will provide ample oversight opportunities for all the major committees of the House, with the Oversight, Energy and Commerce, and Ways and Means Committees likely to be at the forefront of those efforts.
Be Prepared
The Washington Post reported last month that the White House Counsel’s office “has staffed up in advance of the potential onslaught of oversight investigations.”6 Entities with any sense of vulnerability to Congressional oversight next year are wise to prepare also. As it has in the past, Congress will certainly jump to hold hearings on new scandals or attention-grabbing events, but the recent resolutions of inquiry have provided the clear direction of House oversight in the 118th Congress.
*The authors gratefully acknowledge the assistance of their colleagues Rowan Bost and Jack Buttarazzi.
Endnotes
1In 1994, during President Clinton’s first term, Republicans won 52 seats; in 2002, Republicans maintained control over the House during President George W. Bush’s first term in the aftermath of 9/11; the GOP regained the House in 2010 during President Obama’s first term by picking up 63 seats; finally, in President Trump’s midterm, Democrats swept back into the majority by picking up 40 seats in 2018.
2 For an account of that specific investigation, see "Committee Releases Extensive Report Detailing Findings of Solyndra Saga," US House Committee on Energy and Commerce (Aug. 8, 2012) available at https://republicans-energycommerce.house.gov/news/committee-releases-extensive-report-detailing-findings-solyndra-saga/.
3 “Resolutions of Inquiry in the House,” Cong. Res. Svc. (July 21, 2022) at 1.
4 Available at https://www.republicanleader.gov/commitment/.
5 See https://fiscaldata.treasury.gov/americas-finance-guide/federal-spending/#understanding
6 Alemany, Jacqueline, “From Afghanistan to Hunter Biden, GOP readies its investigations,” Wash. Post (Sept. 16, 2022) available at https://www.washingtonpost.com/politics/2022/09/16/afghanistan-hunter-biden-gop-readies-its-investigations/.
