All Eyes on the Senate and KBJ's Nomination, Begin Again Act Markup in House Judiciary
By Jason Pye - Director, Rule of Law Initiatives
Point of Order is a (mostly) weekly preview of key congressional activity for those with more than a passing interest in federal policy.
The SCOTUS nomination will dominate the Senate this week: The Senate returns today at 3:00 pm. Senate Majority Leader Chuck Schumer (D-NY) will be recognized. We have a good sense of what will dominate the floor this week, and we do expect a motion to discharge Judge Jackson’s nomination from the Senate Judiciary Committee this evening, four hours of debate, and a roll call vote on the motion.
Timeline on Jackson’s confirmation: The Senate Judiciary Committee will mark up the nomination of Judge Jackson today at 10:00 am. The committee has an even number of Democrats and Republicans, so you should expect a tie vote. However, a tie won’t stop Judge Jackson’s nomination, but the nomination will have to be discharged. In the very likely event of a tie, Schumer could move to discharge Jackson’s nomination from committee. That would require a vote. Schumer is expected to file the cloture motion tomorrow. Wednesday will be an intervening day, which is required by rule in the Senate. A vote on the cloture motion would happen on Thursday. A vote on confirmation would happen on Friday after the required 30 hours of post-cloture time has expired. If Schumer files cloture today, which would require the consent of Senate Minority Leader Mitch McConnell (R-KY).
Bipartisan COVID funding deal: A bipartisan group of senators led by Sen. Patty Murray (D-WA) and Sen. Mitt Romney (R-UT) have come to an agreement on $10 billion in COVID-19 funding that could come to the floor this week. Supposedly, the agreement is entirely paid for through existing unspent funds.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Executive Business Meeting (Judiciary, Monday at 10:00 am)
The President’s Fiscal Year 2023 Health and Human Services Budget (Finance, Tuesday at 10:00 am)
FDA User Fee Agreements: Advancing Medical Product Regulation and Innovation for the Benefit of Patients (Health, Education, Labor, and Pensions; Tuesday at 10:00 am)
Keeping Markets Fair: Considering Insider Trading Legislation (Banking, Housing, and Urban Affairs; Tuesday at 10:00 am)
Ensuring Transparency in Petroleum Markets (Commerce, Science, and Transportation; Tuesday at 10:00 am)
Corporate Profits are Soaring as Prices Rise: Are Corporate Greed and Profiteering Fueling Inflation? (Budget, Tuesday at 11:00 am)
Nominations Hearing (Banking, Housing, and Urban Affairs; Wednesday at 10:00 am)
Business Meeting (Homeland Security and Governmental Affairs, Wednesday at 11:15 am)
Nominations Hearing (Environment and Public Works, Wednesday at 2:30 pm)
Treaties Hearing (Foreign Relations, Wednesday at 2:30 pm)
Nominations Hearing (Rules and Administration, Wednesday at 3:15 pm)
The IRS, the President's Fiscal Year 2023 Budget, and the 2022 Filing Season (Finance, Thursday at 10:00 am)
Business Meeting (Environment and Public Works, Thursday at 10:00 am)
Nomination Hearing (Foreign Relations, Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
House schedule and suspensions: The House returns today at 2:00 pm for legislative business. First and last votes today are expected around 6:30 pm. The chamber will be in session through Thursday. Last votes for the week are expected at 3:00 pm on Thursday. There are 14 bills (listed below) on the suspension calendar for the week.
Data Mapping to Save Moms’ Lives Act, H.R. 1218 (Energy and Commerce Committee)
Spectrum Coordination Act, H.R. 2501 (Energy and Commerce Committee)
Medical Marijuana Research Act, H.R. 5657 (Energy and Commerce Committee)
Ensuring Lasting Smiles Act, H.R. 1916 (Energy and Commerce Committee)
School and Daycare Protection Act, H.R. 6387 (Homeland Security Committee)
Department of Homeland Security Inspector General Transparency Act, H.R. 5633 (Homeland Security Committee)
REPORT Act, H.R. 1540 (Homeland Security Committee)
DHS Illicit Cross-Border Tunnel Defense Act, H.R. 4209 (Homeland Security Committee)
DHS Trade and Economic Security Council Act, H.R. 4476 (Homeland Security Committee)
Resilient AMERICA Act, H.R. 5689 (Transportation and Infrastructure Committee)
SPEED Recovery Act, H.R. 5641 (Transportation and Infrastructure Committee)
Calling on the United States Government to uphold the founding democratic principles of the North Atlantic Treaty Organization and establish a Center for Democratic Resilience within the headquarters of the North Atlantic Treaty Organization, H.Res. 831 (Foreign Affairs Committee)
BURMA Act, H.R. 5497 (Foreign Affairs Committee)
Ukraine Invasion War Crimes Deterrence and Accountability Act, H.R. 7276 (Foreign Affairs Committee)
The cost estimates for suspensions are available here.
Bills that come to the floor under suspension of the rules require two-thirds of members present and voting for passage. This is the most common way that bills considered by the House come to the floor. Some of these bills may be passed by a voice vote, rather than a roll call vote. Most bills that come to the floor under suspension aren’t widely considered controversial, although leadership may occasionally test a bill under suspension to gauge opposition or sneak a bill through the chamber.
Rule bill: The House Rules Committee will meet on Monday at 3:00 pm to markup a resolution finding two former Trump White House officials, Peter K. Navarro and Daniel Scavino, in contempt of Congress. Navarro and Scavino refused to comply with subpoenas issued by the Select Committee to Investigate the January 6th Attack on the United States Capitol. The House Rules Committee will also meet on Tuesday at 1:30 pm to markup the Relief for Restaurants and other Hard Hit Small Businesses Act, H.R. 3807. This legislation authorizes another $60 billion to the Restaurant Revitalization Fund for restaurants impacted by the pandemic. Additional legislative items are possible.
The curious case of Madison Cawthorn: A friend once joked that you know House of Cards isn’t real because DC doesn’t have good barbecue. The storyline jumped the shark at the end of the first season. I stopped watching it at some point in the third season. It just got…ridiculous. Ridiculous is a good word to describe the recent comments by Rep. Madison Cawthorn (R-NC), a 26-year-old freshman, who claimed that he has seen cocaine use from a fellow House member and been invited to an orgy since serving in Congress. The comments received justifiable backlash from other Republicans, some of whom demanded that he name names. Coupled with some recent legal trouble and being a talking head for the Kremlin, Cawthorn has become a distraction for House Republicans. House Minority Leader Kevin McCarthy (R-CA) spoke with Cawthorn and basically told him to knock it off or there would be repercussions. Cawthorn even managed to irk the House Freedom Caucus, of which he is a member. If he survives this, Cawthorn needs to learn that being a member of Congress isn’t about celebrity or a social media influencer. Regardless of what he and some of his colleagues seem to think, it’s not a place to grift. It’s a serious job, and it deserves a serious approach.
Side note about this: Apparently, a member of the House Republican Conference can speak at a white nationalist conference and/or parrot Russian propaganda and not face any disciplinary action other than essentially being called to the principal’s office. Nope. Leadership draws the line at made-up claims of drug use and orgies. That’s what sullies Congress as an institution. That’s what a member has to do to face discipline from leadership.
Party divisions in the House: Rep. Filemon Vela (D-TX) and Rep. Jeff Fortenberry (R-NE) resigned on Thursday. There are now 221 Democrats and 209 Republicans in the House. The vacancies are AK-AL, CA-22, MN-01, NE-01, and TX-34.
Begin Again Act markup in House Judiciary: The House Judiciary Committee is scheduled to markup the Kenneth P. Thompson Begin Again Act, H.R. 1924, on Tuesday at 2:00 pm. Under 18 U.S.C. § 3607(c), an individual who is under the age of 21 who has no previous drug conviction can seek expungement of his or her record for simple possession of controlled substance under 21 U.S.C. § 844. The individual can receive expungement after completion of a court-mandated special probation period of not more than a year. If the individual completes the special probation period, the court will not issue a conviction judgment against him or her. Obviously, the age limitation in 18 U.S.C. § 3607(c) prevents many individuals who are facing a simple possession charge for the first time of a controlled substance. The Kenneth P. Thompson Begin Again Act, H.R. 1924 and would amend 18 U.S.C. § 3607(c) to remove the age limitation to make expungement of a simple possession arrest and charge available to any individual of any age. The Senate version of the Kenneth P. Thompson Begin Again Act, S. 2502, was marked up by the Senate Judiciary Committee on September 23 and referred to the full chamber.
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week can be found here.
Markup of Various Measures (Foreign Affairs, Tuesday at 10:00 am)
A 2022 Review of the Farm Bill: Energy- Renewable Energy Opportunities in Rural America (Agriculture, Tuesday at 10:00 am)
It’s Electric: Developing the Postal Service Fleet of the Future (Oversight and Reform, Tuesday at 10:00 am)
Communities in Need: Legislation to Support Mental Health and Well-Being (Energy and Commerce Subcommittee on Health, Tuesday at 10:15 am)
Markup of Various Measures (Judiciary, Tuesday at 2:00 pm)
Proposed Fiscal Year 2023 Budget with Health & Human Services Secretary Becerra (Ways and Means, Tuesday at 2:00 pm)
An Enduring Legacy: The Role of Financial Institutions in the Horrors of Slavery and the Need for Atonement (Financial Services Subcommittee on Oversight and Investigations, Tuesaday at 2:00 pm)
Examining the Policies and Priorities of the U.S. Department of Health and Human Services (Education and Labor, Wednesday at 9:00 am)
Congressional Continuity: Ensuring the First Branch is Prepared in Times of Crisis (Modernization of Congress, Wednesday at 9:00 am)
Mobilizing our Cyber Defenses: Maturing Public-Private Partnerships to Secure U.S. Critical Infrastructure (Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation; Wednesday at 10:00 am)
National Transportation Safety Board Reauthorization (Transportation and Infrastructure, Wednesday at 10:00 am)
The Annual Testimony of the Secretary of the Treasury on the State of the International Financial System (Financial Services, Wednesday at 10:00 am)
Overcoming Racism to Advance Economic Opportunity (Ways and Means, Wednesday at 10:00 am)
Markup of Various Measures (Oversight and Reform, Wednesday at 10:30 am)
Gouged at the Gas Station: Big Oil and America's Pain at the Pump (Energy and Commerce Subcommittee on Oversight and Investigations, Wednesday at 10:30 am)
(Im)Balance of Power: How Market Concentration Affects Worker Compensation and Consumer Prices (Economic Disparity and Fairness in Growth, Wednesday at 12:00 pm)
Cost-Saving Climate Solutions: Investing in Energy Efficiency to Promote Energy Security and Cut Energy Bills (Climate Crisis, Thursday at 9:00 am)
Examining Stock Trading Reforms for Congress (House Administration, Thursday at 9:00 am)
Free Speech Under Attack: Book Bans and Academic Censorship (Oversight and Reform Subcommittee on Civil Rights and Civil Liberties, Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Upcoming CBO releases: The Congressional Budget Office will release its budget and economic projections during the week of May 23 and its score of President Biden’s FY 2023 budget proposal in early July. I literally can’t wait. I nerd out on this stuff.
Editor’s note: Point of Order will not publish during the weeks of April 11 and April 18 because of the Easter recess. We’ll be back the week of April 25.
Due Process Institute is a bipartisan nonprofit that works to honor, preserve, and restore principles of fairness in the criminal legal system. Follow us on Twitter and Facebook.