Congress
Republicans hope Mullin will turn the page at DHS from Noem. Democrats aren’t buying it.
Republicans lawmakers are hoping that Sen. Markwayne Mullin will rescue the Department of Homeland Security from tumult they felt under outgoing Secretary Kristi Noem — and looking for assurances of that at his confirmation hearing Wednesday.
While Mullin is widely expected to be confirmed, the hearing will be an opportunity for Republicans to hammer home the need to fund DHS as a partial government shutdown enters its fifth week. It will also be a chance for Democrats to press the Oklahoma Republican on any changes he may push to make with the Trump administration’s sweeping crackdown on unauthorized immigration — an approach that an increasing number of Americans disapprove of.
Sen. John Kennedy (R-La.), whose questions helped accelerate Trump’s ousting of Noem, said he wants Mullin to show his leadership, particularly in contrast to Noem.
“I want to hear what Markwayne’s thoughts are with respect to FEMA. I want to hear what Markwayne’s thoughts are with respect to getting managerial control of the agency,” Kennedy told reporters Tuesday. “I want to hear Markwayne’s thoughts on getting money to those areas of our country that have been struck by disaster.”
Sen. Cynthia Lummis (R-Wyo.) said she’s hoping for better communication between DHS and Congress, explaining that under Noem’s leadership, it was difficult to get answers from DHS.
“In general, you couldn’t get a return phone call from the Department of Homeland Security on anything. And that’s never been the case with any other agency,” Lummis told reporters last week. “So that was a surprising faux pas.”
After President Donald Trump said he would nominate the first-term Oklahoma senator, Republicans hailed the move, with some openly saying a change was needed from Noem’s divisive and controversy-filled tenure atop the department.
Mullin already enjoys the support of some of Noem’s biggest GOP critics — including Sens. Thom Tillis of North Carolina and Lisa Murkowski of Alaska, who both called for Noem’s departure after immigration officers in Minneapolis shot and killed two American citizens in January.
Murkowski told reporters Tuesday that Mullin is “pretty conservative,” but added that Mullin has a good sense of “the temperature of Congress and what can and cannot happen” and “what people back home are saying.”
But despite his straightforward path to confirmation, Mullin is still likely to come under fire Wednesday.
Questions continue to swirl about Mullin’s investments and businesses, as his wealth has ballooned since entering Congress. He also may have to bury bygones with the chair of the Senate Homeland Security Committee, Sen. Rand Paul (R-Ky.). At a recent fundraiser, Mullin called Paul a “snake” for opposing a minibus funding bill.
Democrats are also skeptical that Mullin will pursue any significant policy changes at DHS — in particular changes they’ve demanded to release funding such as banning officers’ use of masks in the field and requiring more training. Only one Democrat, Sen. John Fetterman (D-Penn.), has committed to voting for Mullin, arguing he’d be a major improvement from Noem.
A number of Democrats are pessimistic that Mullin will handle immigration enforcement differently than Noem given the continued influence of White House deputy chief of staff Stephen Miller, who also serves as Trump’s homeland security adviser, over that brief.
“It’s really Stephen Miller that’s calling the shots there,” said Sen. Andy Kim (D-N.J.), who was one of the Democrats who voted to confirm Noem as DHS chief last year but has said he will not vote for Mullin.
“I don’t trust anybody that’s in that role if Stephen Miller’s just going to continue to dictate what happens,” Kim continued.
Mullin, who has never served on committees with direct oversight of DHS, has largely been in lockstep with the White House on immigration enforcement and other national security issues. He has been seen as an important go-between for both chambers of Congress, as well as between Capitol Hill and the White House during policy discussions.
Mullin notably defended ICE agents after the shootings of two American citizens in Minneapolis by immigration officers, saying “these patriots are doing a difficult job.”
White House spokesperson Abigail Jackson said Mullin will continue the Trump administration’s main objectives at DHS, which have included reversing “Biden’s border crisis” and deporting “countless dangerous criminal illegal aliens.”
“Sen. Mullin is perfectly suited to lead the Department of Homeland Security and work closely with President Trump to continue building on his many successes,” Jackson said.
Ahead of Mullin’s hearing, his boosters are making the case that his experience in the business world will make him an effective manager at the sprawling department, which manages everything from disaster relief, to immigration enforcement, airport security, the Coast Guard and the Secret Service.
Sen. Shelley Moore Capito (R-W.Va.), stressed that background, saying Mullin has “led very successful businesses. He’s led athletic teams” and has been a leader already in the Senate GOP caucus.
Paul and Sen. Gary Peters (D-Mich.), the top Democrat on the Senate Homeland Security and Government Affairs Committee, both declined to offer their thoughts on Mullin before the hearing. Peters, however, assured reporters last week the Oklahoma Republican would face “robust” questions.
Among those planning to press Mullin on his views on immigration is Sen. Richard Blumenthal (D-Conn.). Blumenthal, who has been at the forefront of pushing for changes at Immigration and Customs Enforcement and Border Patrol after the deaths of Alex Pretti and Renee Good in Minneapolis, told reporters Tuesday he hadn’t yet gotten assurances in private meetings with Mullin that the Oklahoma Republican will enact changes at the agency.
“It left me with a very clear impression that he has failed to realize how important reform is and how absolutely necessary change is in that agency,” Blumenthal said of his meeting with Mullin.
Mullin has only been in the Senate for three years, and even his allies acknowledged that he has some gaps in his relationships, given his short tenure to date.
Lummis said Mullin will need to do some outreach to Democrats who have not worked with the lawmaker yet, but praised his energy.
“He bounces off the walls, just in terms of his physical energy levels. He talks fast, and he’s very articulate. He’s great on TV,” Lummis said, adding that leading DHS “probably takes someone with a fairly high amount of energy.”
Congress
Senate to confirm Jay Clayton as soon as Thursday
The Senate could vote as soon as Thursday on Jay Clayton’s nomination to serve as director of national intelligence — a lightning speed pace that will necessitate buy-in from all 100 senators.
Confirming Clayton could help shore up enough votes from Democrats to extend a government surveillance program that expired last Friday over opposition to Trump’s pick for acting director, Bill Pulte.
“He will come out of the committee Thursday, at least hopefully, and then if we get consent, we can move,” Senate Majority Leader John Thune said in an interview Monday about Clayton, who Trump only nominated for the job late last week.
Democrats “ought to be happy with Clayton,” said Thune, adding that he’s a “good” and “solid” pick.
Sen. Mark Warner of Virginia, the top Democrat on the Senate Intelligence Committee, floated Sunday to CBS News that Clayton could be confirmed this week if every senator cooperates.
Senate Intelligence will hold a hearing Wednesday on Clayton’s nomination. If every member of the panel agrees, he could then get a committee vote Thursday. Confirming Clayton on the Senate floor hours later would require getting agreement from every senator to speed up the process. Opposition from a single member will punt Clayton’s confirmation to next week.
Confirming Clayton Thursday would, crucially, limit — and potentially circumvent — Pulte from becoming acting director of national intelligence, which Trump has slated to take place Friday, June 19.
The president’s decision to put Pulte in charge after Tulsi Gabbard’s departure at the helm of the Office of National Intelligence sparked bipartisan pushback, with Democrats saying they will withhold support for extending Section 702 of the Foreign Intelligence Surveillance Act while Pulte is in the acting role. Congress allowed the key government spy authority lapse last Friday without a deal.
Trump threw another curveball into a FISA extension over the weekend when he posted on social media that he was against reauthorizing Section 702 unless a GOP elections bill is attached. That bill, known as the SAVE America Act, does not have the votes to get through Congress.
Thune threw cold water Monday on tying the two issues together.
“Yeah, he’s, as you know, passionate about getting that done and wants to use every opportunity to take a shot at it,” Thune said of Trump and his desire to enact the elections bill.
But, Thune said, “we can’t get FISA done” if the policies are linked.
Congress
Senate eyes vote on updated housing affordability legislation
Senate Majority Leader John Thune is planning to put an updated version of a bipartisan housing affordability bill on the Senate floor for a vote this week, according to two people familiar with the bill dynamics and two Senate Democratic aides granted anonymity to discuss ongoing plans.
The version of the 21st Century ROAD to Housing Act that the Senate will vote on will include most of the House-passed language, including a provision restricting large institutional investors from buying single-family homes. The legislation would also add back Senate bills that were dropped from the House package that passed last month, the two people and the two aides said.
The Senate legislation comes after talks between Thune, Senate Banking Chair Tim Scott (R-S.C.) and ranking member Elizabeth Warren (D-Mass.). The updated Senate package was also discussed with the House and the White House, the aides said.
Still, it’s unclear if House leadership and the White House have signed off on the legislation.
The Senate and House have gone back and forth for months on language for a housing affordability bill as lawmakers on both sides look for a win to tout during a midterm election season dominated by cost-of-living issues.
Both chambers overwhelmingly passed their own versions of the housing bill — the Senate 89-10 in March, and the House 396-13 in May. The White House supported the Senate-passed bill and then backed the House-passed bill after it retained most of the Senate’s language on reining in private equity and other large Wall Street investors in the housing market — a top priority for President Donald Trump.
The Senate’s updated legislation would remove two of the House’s community banking deregulation bills due to budget scoring concerns, said two of the people familiar: two bills that would modify the Federal Deposit Insurance Act around failed insured depository institutions. The Senate bill also added back a provision to authorize the Community Development Block Grant Disaster Recovery program for seven years, as opposed to a permanent reauthorization in the Senate’s March legislation.
The Senate additionally re-inserted several upper-chamber priorities, including the BUILD NOW Act, which would incentivize communities to build more housing through the Community Development Block Grant program; the Rental Assistance Demonstration bill, which would raise the cap on housing authorities to convert voucher-based assistance; the Moving to Work bill, which would aim to add a new cohort of MTW public housing agencies; and the VALID Act, which would require Federal Housing Administration mortgage disclosures to include cost comparison information for veterans.
The package retains core wins for the leaders of both the Senate Banking and House Financial Services committees and their members and reflects input from all four leaders of those panels, one of the people familiar said.
Congress
Capitol Agenda: The new faces of the Freedom Caucus
The House Freedom Caucus is suddenly confronting an unsettled future after more than a decade at the center of GOP politics on Capitol Hill.
Some of its most prominent members are leaving Congress next year after seeking higher office, including former chair Rep. Andy Biggs and several media-friendly voices like Reps. Chip Roy, Byron Donalds and Ralph Norman.
Meanwhile, the group’s current chair, Rep. Andy Harris, is term-limited.
Who will step in to fill the shuffling ranks and maintain the caucus’ role as a hard-right vanguard is very much in question — especially as the group faces a potential shift to a Democratic House majority, which has historically made them less pivotal, and the looming transition to a Republican Party without a President Donald Trump.
The group — which is no stranger to reinventing itself — has a number of relatively unknown members ready to become the new faces of the hard right in the House.
— ERIC BURLISON: The second-term Missouri congressman and current HFC board member said he is considering running to be the next chair.
Last summer he was a vocal member demanding the full release of the Jeffrey Epstein files and has become a leading Republican pushing for more information on UFOs.
— ANDREW CLYDE: Another board member, Clyde has amassed significant power by Freedom Caucus standards by winning seats on the Appropriations and Budget panels.
He said in an interview he had not yet thought about running for chair but noted that “you don’t have to be the chairman to have outsized influence.”
— BRANDON GILL: This Texas freshman, the youngest sitting House Republican, is already seen as a rising star in the House GOP.
He’s made a name for himself through provocative social media posts and splashy legislative moves, such as seeking to impeach James Boasberg, the federal judge who ruled against some of Trump’s deportations last year.
Gill has said he wants to emulate Rep. Jim Jordan, the only founding member of the caucus still serving in the chamber.
— CLAY HIGGINS: Another board member and a more senior member of the group, Higgins said he has not ruled out seeking the chair post but is also “not interested in campaigning” for the job.
Higgins was the only lawmaker to oppose the release of the Epstein files. He said in an interview he’s hoping the group focuses more on policymaking in its next iteration rather than obstructing leadership prerogatives.
— ANDY OGLES: Inside the HFC, Ogles has emerged as a serious force over two terms, with his name floated for chair even before the end of his first term.
He also did not rule out running for chair or another caucus leadership position in a recent interview.
What else we’re watching:
— THUNE RACES TO BREAK SPY POWERS LOGJAM: Senate Majority Leader John Thune is racing to try to confirm the next director of national intelligence and end a stand off over extending a key surveillance power before members break for two weeks. The Senate Intelligence Committee will hold a hearing for Jay Clayton Wednesday — less than a week after the chamber formally received the nomination from the White House. Getting Clayton confirmed is a crucial step to unlocking Congress’ willingness to renew Section 702 of the Foreign Intelligence Surveillance Act.
— ANTI-FRAUD OPTIONS FOR RECONCILIATION 3.0: Republican leaders say proposals to crack down on fraud in federal safety net programs could be included in another reconciliation package this year. Turns out, a menu of options is developing in plain sight: Just look at the stack of about a dozen bills the House has passed in recent weeks to prevent waste and abuse.
Jordain Carney and Jennifer Scholtes contributed to this report.
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