EQUAL Act Moves Out of Committee, Appropriations in the House, Bipartisan Infrastructure Deal Possible in the Senate
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.
EQUAL Act clears committee: Last Wednesday, the House Judiciary Committee marked up the EQUAL Act, H.R. 1693, in a 36 to 5 vote. An amendment in the nature of a substitute (ANS) was adopted that added “of 2021” to make the short title the “EQUAL Act of 2021.” (I spent five minutes trying to figure out what the ANS changed before I realized that was all it did.) Another amendment was adopted to clarify the retroactivity provision of the EQUAL Act. A third amendment offered by Republicans related to fentanyl and fentanyl analogues was defeated along party lines. The next stop is the full House. Timing on floor action is up in the air. The House is focusing on appropriations this week and should enter the recess at the conclusion of business on Friday, so it’s unlikely to come to the floor until the House comes back in September. A committee vote that strong—not to mention that bipartisan—suggests that the bill is more likely than not to be brought to the floor as a suspension.
A five-day work week in the House: 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 Friday, with the last votes of the week expected before 3:00 pm that day. There are 20 bills (listed below) on the suspension calendar for the week, mostly from the Natural Resources and Oversight committees. Suspensions will be considered today, although there might be a postponed vote that takes place on Tuesday. Also, since committees cycle through suspensions, we’re including the primary committee of jurisdiction for each bill so you can follow the week-to-week theme(s).
Consider Teachers Act, S. 848 (Education and Labor Committee)
HAVANA Act, S. 1828 (Foreign Affairs Committee)
To authorize the Secretary of the Interior to designate the September 11th National Memorial Trail, and for other purposes, H.R. 2278 (Natural Resources Committee)
Free Veterans from Fees Act, H.R. 1029 (Natural Resources Committee)
Great Dismal Swamp National Heritage Area Act, H.R. 1154 (Natural Resources Committee)
To authorize the National Medal of Honor Museum Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes, H.R. 1664 (Natural Resources Committee)
Gold Star Mothers Family Monument Extension Act, H.R. 2365 (Natural Resources Committee)
Amache National Historical Site Act, H.R. 2497 (Natural Resources Committee)
Alexander Lofgren VIP Act, H.R. 4300 (Natural Resources Committee)
To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes, S. 325 (Natural Resources Committee)
Access to Congressionally Mandated Reports Act, H.R. 2485 (Oversight and Reform Committee)
Congressional Budget Justification Transparency Act, S. 272 (Oversight and Reform Committee)
To establish occupational series for Federal positions in software development, software engineering, data science, and data management, and for other purposes, H.R. 3533 (Oversight and Reform Committee)
Federal Rotational Cyber Workforce Program Act, H.R. 3599 (Oversight and Reform Committee)
District of Columbia Chief Financial Officer Home Rule Act, H.R. 1204 (Oversight and Reform Committee)
Chai Suthammanont Remembrance Act of 2021, H.R. 978 (Oversight and Reform Committee)
Performance Enhancement Reform Act, H.R. 2617 (Sponsored by Rep. Gerry Connolly / Oversight and Reform Committee)
To authorize the National Cyber Director to accept details from other elements of the Federal Government on nonreimbursable basis, and for other purposes, S. 2382 (Oversight and Reform Committee)
To direct the Secretary of Veterans Affairs to ensure that certain medical facilities of the Department of Veterans Affairs have physical locations for the disposal of controlled substances medications, S. 957 (Veterans' Affairs Committee)
Major Medical Facility Authorization Act, S. 1910 (Veterans' Affairs Committee)
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. Because of the dilatory tactics used by the House Freedom Caucus, some suspension bills may be packaged together to save time and limit the number of roll call votes.
FY 2022 Appropriations: The House Rules Committee will meet today at 2:00 pm to consider the rule governing consideration of the Labor, Health and Human Services, Education, Agriculture, Rural Development, Energy and Water Development, Financial Services and General Government, Interior, Environment, Military Construction, Veterans Affairs, Transportation, and Housing and Urban Development Appropriations Act, H.R. 4502. This one bill covers seven appropriations bills. More than 700 amendments have been filed, and the Rules Committee will determine which ones will be allowed to be considered on the floor. It’s likely that many amendments made in order will be considered en bloc. The Rules Committee will meet again on Tuesday at 2:00 pm to consider the rule(s) for the Legislative Branch Appropriations Act, H.R. 4346; the Commerce, Justice, Science, and Related Agencies Appropriations Act, H.R. 4505; and the Department of State, Foreign Operations, and Related Programs Appropriations Act, H.R. 4373. More than 30 amendments have been filed for the Legislative Branch, more than 130 for CJS, and nearly 120 for State and Foreign Ops. Defense and Homeland Security are the only two bills that won’t be in the Rules Committee (or on the floor) this week.
A quick note: It’s possible that the House doesn’t finish the work on these bills this week and work spills into September, assuming the House doesn’t come back before then. (There are rumors that there will be votes in the House in mid-August related to budget reconciliation. We’ve also heard that there’s a possibility of an added session week in September.) That said, the House’s consideration of these appropriations bills is little more than an exercise. It’s almost a certainty that Congress will consider a continuing resolution (CR) before the end of FY 2021 on September 30, and no one in town would tell you otherwise.
Oh, and the debt limit: Another issue that Congress will have to address when it comes back is the debt limit. Section 301 of the Bipartisan Budget Act of 2019 suspended the debt limit through July 31, 2021. The Congressional Budget Office recently released a report on the debt limit, noting that “extraordinary measures” (actions taken by the Treasury to avoid borrowing in excess of the debt limit while still meeting the government’s obligations) will be exhausted “most likely in October or November.” It’s possible, if not likely, that Congress will address this in the CR it considers before the end of September.
Hey, we’ve got some bipartisanship on the civil liberties front: Reps. Zoe Lofgren (D-CA), Thomas Massie (R-KY), Pramila Jayapal (D-WA), and Warren Davidson (R-OH) have introduced an amendment to the Commerce, Justice, Science, and Related Agencies Appropriations Act to prohibit federal law enforcement from searching for the communications of a U.S. person collected under Section 702 of the Foreign Intelligence Surveillance Act. Versions of this amendment, also offered by Lofgren and Massie, were passed in 2014 and 2015.A version of the amendment was defeated in 2016. Due Process Institute strongly supports the adoption of this amendment should the Rules Committee make it in order.
And one amendment on civil asset forfeiture: Reps. Tim Walberg (R-MI) and Jamie Raskin (D-MD) have introduced an amendment to the Commerce, Justice, Science, and Related Agencies Appropriations Act to prohibit the use of funds to carry out the July 2017 directive issued by then-Attorney General Jeff Sessions related to adoptive forfeitures. The Sessions directive ramped up adoptive forfeitures, which allow state and local law enforcement to transfer seized property to a federal law enforcement agency. The legal proceedings related to the seized property are then handled under federal law, avoiding limitations on forfeitures that may exist under state law. The state and local law enforcement agencies involved in the original seizure then receive 80 percent of the proceeds of the seized property through the Department of Justice’s Equitable Sharing Program.
HFC wants to vacate the chair: The House Freedom Caucus is urging Minority Leader Kevin McCarthy (R-CA) to introduce a resolution to remove Speaker Nancy Pelosi (D-CA) from her post. (This ain’t gonna happen even if McCarthy does what has been asked.) The request from the caucus of roughly 40 members comes on the heels of Pelosi blocking Reps. Jim Jordan (R-OH) and Jim Banks (R-IN) from participating on the Select Committee to Investigate the January 6th Attack on the U.S. Capitol. McCarthy subsequently threatened to pull all Republicans from participating in the select committee unless Jordan and Banks were seated. Rep. Liz Cheney (R-WY) will continue to participate as one of Pelosi’s choices to serve. Rep. Adam Kinzinger (R-IL) has accepted Pelosi’s invitation to serve on the select committee.
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.
The Law Enforcement Experience on January 6th (January 6th Attack, Tuesday at 9:30 am)
The Promises and Perils of Central Bank Digital Currencies (Financial Services Subcommittee on National Security, International Development, and Monetary Policy; Tuesday at 10:00 am)
A Fine Scheme: How Court-Imposed Fees and Fines Unjustly Burden Vulnerable Communities (Judiciary Subcommittee on Crime, Terrorism, and Homeland Security; Tuesday at 10:00 am)
Markup of H.R. 267, 2020 WHIP+ Reauthorization Act (Agriculture, Tuesday at 10:00 am)
Oversight of Pandemic Evictions: Assessing Abuses by Corporate Landlords and Federal Efforts to Keep Americans in Their Homes (Coronavirus Crisis, Tuesday at 10:30 am)
Defending the U.S. Electric Grid Against Cyber Threats (Oversight and Reform Subcommittee on National Security, Tuesday at 2:00 pm)
The Need to Enhance the Voting Rights Act: Practice-Based Coverage (Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties; Tuesday at 2:30 pm)
Markup of Various Measures (Financial Services, Wednesday at 10:00 am)
Food for Thought: Examining Federal Nutrition Programs for Young Children and Infants (Education and Labor Subcommittee on Civil Rights and Human Services, Wednesday at 10:15 am)
Transforming the FTC: Legislation to Modernize Consumer Protection (Energy and Commerce Subcommittee on Consumer Protection and Commerce, Wednesday at 10:30 am)
Election Subversion: A Growing Threat to Electoral Integrity (House Administration, Wednesday at 12:00 pm)
DHS's Efforts to Disrupt Transnational Criminal Organizations in Central America (Homeland Security Subcommittee on Oversight, Management, and Accountability; Wednesday at 2:00 pm)
Financing Climate Solutions and Job Creation (Climate Crisis, Thursday at 9:00 am)
Markup of Various Measures (Homeland Security, Thursday at 9:00 am)
Democracy in Danger: The Assault on Voting Rights in Texas (Oversight and Reform, Thursday at 10:00 am)
Keeping the Pell Grant Promise: Increasing Enrollment, Supporting Success (Education and Labor Subcommittee on Higher Education and Workforce Investment, Thursday at 10:15 am)
Assessing the Federal Government’s COVID-19 Relief and Response Efforts and its Impact (Transportation and Infrastructure, Thursday at 11:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
And over in the Senate: The Senate will return today at 3:00 pm to resume consideration of the nomination of Todd Sunhwae Kim to serve as an Assistant Attorney General. A roll call vote on the cloture motion for the Kim nomination is expected at 5:30 pm. It’s possible that the Senate will reconsider the cloture motion to proceed to H.R. 3684, which is the legislative vehicle for the bipartisan infrastructure framework, at some point this week. Negotiators are said to be close to an agreement on language, but it could all fall apart. The Senate rejected cloture on the motion to proceed to the legislative vehicle last Wednesday.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Business Meeting to Consider the Nomination of Jennifer L. Moffitt to be Under Secretary of Agriculture for Marketing and Regulatory Programs (Agriculture, Nutrition, and Forestry; Monday at 5:30 pm)
Implementation and Enforcement of the United States – Mexico – Canada Agreement: One Year After Entry into Force (Finance, Tuesday at 9:30 am)
America Under Cyber Siege: Preventing and Responding to Ransomware Attacks (Judiciary, Tuesday at 10:00 am)
Resources and Authorities Needed to Protect and Secure the Homeland (Homeland Security and Governmental Affairs, Tuesday at 10:00 am)
The Path Forward: Building on Lessons Learned from the COVID-19 Pandemic (Health, Education, Labor, and Pensions; Tuesday at 10:00 am)
Cryptocurrencies: What Are They Good For? (Banking, Housing, and Urban Affairs; Tuesday at 10:00 am)
Pipeline Cybersecurity: Protecting Critical Infrastructure (Commerce, Science, and Transportation; Tuesday at 10:00 am)
Protecting Student Loan Borrowers and the Economy in Upcoming Transitions (Banking, Housing, and Urban Affairs Subcommittee on Economic Policy; Tuesday at 3:00 pm)
Business Meeting to Consider Nominations (Homeland Security and Governmental Affairs, Wednesday at 9:30 am)
Building on Bipartisan Retirement Legislation: How Can Congress Help? (Finance, Wednesday at 10:00 am)
Nominations Hearing (Judiciary, Wednesday at 10:00 am)
Beefing up Competition: Examining America’s Food Supply Chain (Judiciary, Wednesday at 2:30 pm)
Nominations Hearing (Commerce, Science, and Transportation; Wednesday at 10:00 am)
Executive Business Meeting on Legislative Measures (Judiciary, Thursday at 9:00 am)
Nominations Hearing (Agriculture, Nutrition, and Forestry; Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
What to expect in the coming days: The Senate is already scheduled to be in session next week. It does seem likely that they’ll stay in for another week to get the ball rolling on budget reconciliation. This means the August recess will be at least one week shorter than expected. The process will begin with the passage of a budget resolution in the Senate for FY 2022. The House is likely to come back in August to consider that budget resolution.
Due Process Institute is a bipartisan nonprofit that works to honor, preserve, and restore principles of fairness in the criminal legal system.