The Holman rule: Republicans’ alternative to penalize Biden officials.

Republicans Consider Using Holman Rule to Hold Biden Administration Accountable

While Republicans in the House of Representatives discuss impeachment for several members of President Joe Biden’s administration, lawmakers may have another option for forcing them out.

A feature of Congress’s power of the purse, the Holman rule, is being considered by House Republicans for use against Biden administration officials, per Politico.

What is the Holman Rule?

The Holman rule is an appropriation power that allows Congress to reduce the salary of or effectively fire a government employee. The rule also allows Congress to cut funding from certain programs the government operates.

Since the executive branch holds the power to fire its employees, the legislative branch can only defund parts of the government, which effectively fires an individual by stripping funds for their job and their salary.

One member of the House Republican conference, Rep. Ken Buck (R-CO), expressed a desire to use the power of the purse rather than impeach Biden administration officials for what he considers policy differences.

“If we’ve got a problem, a policy difference, not high crimes and misdemeanors, with [Homeland Security] Secretary [Alejandro] Mayorkas, the proper procedure is to cut his salary in the appropriations process,” Buck told Politico.

A form of the rule was in effect for much of the time between the late 1800s through the early 1980s, before being reinstated by the 115th Congress in 2017. The rule was brought back in 2017 as a form of accountability for government employees, according to Republicans at the time.

The 2017 rule was more specific than the previous implementation of the rule, allowing for individuals to be singled out rather than just parts of agencies. The House attempted to lower the salary of Mark Gabriel, the administrator of the Western Area Power Administration, to $1, but was unsuccessful in passing it in an appropriations bill.

During Democratic control of the House of Representatives under the 116th and 117th Congress, from 2019 until 2023, the rule was not adopted. Democrats decried the rule as a way “to sneak attacks on federal employees into must-pass bills,” when announcing it would not be included in the rules package for the 116th Congress.

When Republicans took control of the lower chamber of Congress in January, the Holman rule was reinstated by McCarthy.

The rule would allow Congress to reduce or eliminate the salary of an official legislators are seeking to impeach, such as Attorney General Merrick Garland or Mayorkas. The process, however, would need to be done in an appropriations bill.

An appropriations bill needs to pass the House, the Democrat-controlled Senate, and be signed into law by Biden. If a part of the bill effectively fired an official appointed by Biden, it is unlikely he or Democratic Senate leadership would approve of it.

Republicans have been vocal about wanting to punish Biden administration officials for alleged derelictions of duty, with Mayorkas being the one most frequently mentioned.

Last month, Republicans on the House Homeland Security Committee began holding hearings investigating whether Mayorkas should be impeached for his handling of the southern border.

The Washington Examiner has reached out to McCarthy and Buck for comment.

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