Equal Act Sees Co-Sponsors Grow, Busy Week in the House, Senate May Do Some Legislating
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.
Happy (belated) Lagwagon Day: For those of you who don’t get the reference (and I expect that a great many of you don’t), Lagwagon is a great punk rock band who released “May 16” on their 1998 record, Let’s Talk About Feelings. Although it’s described as a “terribly sad song” because of the story behind the lyrics, it’s written in D-major, giving it more of an upbeat feeling. If I were to make a top ten of favorite songs, this one would be up there on that list.
Bipartisan drug sentencing reform support growing quickly: As I mentioned in last week’s Point of Order, one of the bills that Due Process Institute is supporting and lobbying on is the EQUAL Act, S. 79 and H.R. 1693. The EQUAL Act would eliminate the sentencing disparity between crack cocaine and powdered cocaine offenses and would treat these two forms of the same drug as, well, the same. The EQUAL Act was introduced with broad support from advocacy groups, as this April 12 coalition letter led by Due Process Institute and Prison Fellowship illustrates, and the legislation is quickly attracting more bipartisan cosponsors. Just last week, Sen. Rob Portman (R-OH) co-sponsored the Senate version of the bill and Reps. Tom Cole (R-OK), Mary Gay Scanlon (D-PA), Jan Schakowsky (D-IL), David Joyce (R-OH), Mondaire Jones (D-NY), Barry Moore (R-AL), Stephanie Bice (R-OK), Jerrold Nadler (D-NY), Sheila Jackson Lee (D-TX), Rashida Tlaib (D-MI), and Jamie Raskin (D-MD) co-sponsored the House version. The House version of the EQUAL Act now boasts 13 Republican and 11 Democratic co-sponsors.
House schedule and suspensions: The House returns today. Legislative businesses will begin at 2:00 pm, with votes expected around 6:30 pm. The chamber will be in session through Thursday, with the last votes of the week expected around 3:00 pm. There are 26 bills (listed below) on the suspension calendar for the week. Suspensions will be considered Monday and Tuesday.
Improving VA Accountability to Prevent Sexual Harassment and Discrimination Act, H.R. 2704
Equal Employment Counseling Modernization Act, H.R. 2788
VA Transparency and Trust Act, H.R. 2911
Homeless Veterans with Children Reintegration Act, H.R. 240
West LA VA Campus Improvement Act, H.R. 711
GI Bill National Emergency Extended Deadline Act, H.R. 2167
Native VetSuccess at Tribal Colleges and Universities Pilot Program Act, H.R. 2878
To direct the Secretary of Veterans Affairs to submit to Congress a report on the use of cameras in the medical centers of the Department of Veterans Affairs, H.R. 1510
To amend title 38, United States Code, to establish in the Department the Veterans
Economic Opportunity and Transition Administration, and for other purposes, H.R. 2494
Sgt. Ketchum Rural Veterans Mental Health Act, H.R. 2441
Rural STEM Education Research Act, H.R. 210
Supporting Early-Career Researchers Act, H.R. 144
COVID-19 Emergency Medical Supplies Enhancement, H.R. 3125
SAVE Act, H.R. 3146
STEM Opportunities ACT, H.R. 204
MSI STEM Achievement Act, H.R. 2027
Combating Sexual Harassment in Science Act, H.R. 2695
COAST Research Act, H.R. 1447
NEAR Act, H.R. 2533
Department of State Authorization Act, H.R. 1157
Financial Inclusion in Banking Act, H.R. 1711
COVID-19 Fraud Prevention Act, H.R. 2959
Insider Trading Prohibition Act, H.R. 2655
Homebuyer Assistance Act, H.R. 3008
Ghost Army Congressional Gold Medal Act, H.R. 707
COVID-19 Hate Crimes Act, S. 937
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. Given 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.
Rule bills: The House Rules Committee will meet today at 3:00 pm to consider the rule governing consideration of the Fairness in Orphan Drug Exclusivity Act, H.R. 1629, and the resolution condemning the March 16 spa shootings in the Atlanta area, H.Res. 275. The committee will meet again on Tuesday at 9:30 am to consider the rule governing consideration of the Emergency Security Supplemental to Respond to January 6th Appropriations Act, H.R. 3237, and the National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act, H.R. 3233. I’ve heard rumors that other legislation could be considered this week.
About the rule bills (if you care): The Fairness in Orphan Drug Exclusivity Act amends the Orphan Drug Act to allegedly close a loophole that gives seven years of exclusivity for drugs and treatments produced by pharmaceutical manufacturers. (I say allegedly because I’m not familiar with the issue.) The resolution condemning the spa shootings in the Atlanta area speaks for itself. The shooter killed eight people, six of whom were Asian-American, in Fulton and Cherokee counties. (About 35 to 40 miles from where I live in Metro Atlanta.) Although the shooter says that his actions weren’t racially motivated, experts say that such motives can’t be ruled out. The text of the Emergency Security Supplemental to Respond to January 6th Appropriations Act would appropriate above the discretionary spending caps for FY 2021 for the security for the House and Senate, enhanced security for Members of both chambers, Capitol Police, additional COVID-19 expenses, payments for the families of Reps. Alcee Hastings (D-FL) and Ron Wright (R-TX), and additional expenses for the Department of Justice, the Department of Defense, the Department of Homeland Security, and federal courts related to January 6. The National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act creates a bipartisan commission to investigate the causes of the insurrection—and yes, it was an insurrection—at the Capitol on January 6. The 9/11-style commission will be appointed in a manner prescribed by the legislation, although no Members may serve on it.
Stefanik elected as chair of the House Republican Conference: Well, it’s no surprise that Rep. Liz Cheney (R-WY) was removed as Chair of the House Republican Conference last week. Rep. Elise Stefanik (R-NY) was elected to serve as the new chair on Friday, although she did get a challenge from Rep. Chip Roy (R-TX). Former President Trump took a shot at Roy, who voted to certify the election on January 6, and reiterated his endorsement of Stefanik. Roy is far more conservative and his bid was endorsed by major conservative groups. Still, Stefanik won overwhelmingly.
“If you strike me down, I shall become more powerful than you can possibly imagine”: Cheney has basically become Obi-Wan Kenobi since being removed, growing even more critical of former President Trump and Minority Leader Kevin McCarthy (R-CA). For example, in an interview with This Week, Cheney said that McCarthy should testify before the January 6 commission because, as Cheney put it, McCarthy has “very clearly and said publicly that he’s got information about the president’s state of mind that day.” She also said that she wouldn’t be surprised if a subpoena were required to compel McCarthy’s testimony.
Amash on the Republican leadership drama: Former Rep. Justin Amash (L-MI) tweeted on Friday that “House Republicans have somehow managed to make their leadership team even more feckless.” Amash was a member of the House Republican Conference between January 2011 and July 2019. He switched his party affiliation in a very public way to independent before joining the Libertarian Party in April 2020.
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 U.S.-Afghanistan Relationship Following the Military Withdrawal (Foreign Affairs, Tuesday at 10:00 am)
Unsustainable Drug Prices (Part III): Testimony from AbbVie CEO Richard Gonzalez (Oversight and Reform, Tuesday at 10:00 am)
Examining Belt and Road: The Lending Practices of the People's Republic of China and Impact on the International Debt Architecture (Financial Service Subcommittee on National Security, International Development, and Monetary Policy; Tuesday at 10:00 am)
Examining the role of Community Development Financial Institutions and Minority Depository Institutions in Small Business Lending (Small Business Subcommittee on Economic Growth, Tax, and Capital Access; Tuesday at 10:00 am)
The Need for Universal Broadband: Lessons from the COVID-19 Pandemic (Appropriations Subcommittee on Financial Services and General Government, Tuesday at 10:30 am)
Promises and Perils: The Potential of Automobile Technologies (Energy and Commerce Subcommittee on Consumer Protection and Commerce, Tuesday at 10:30 am)
Continuing Injustice: The Centennial of the Tulsa-Greenwood Race Massacre (Judiciary Subcommittee on Constitution, Civil Rights, and Civil Liberties; Wednesday at 9:30 am)
Leveraging the Tax Code for Infrastructure Investment (Ways and Means, Wednesday at 10:00 am)
Markup of Various Measures (Foreign Affairs, Wednesday at 10:00 am)
Global Climate Finance (Appropriations Subcommittee on State, Foreign Operations, and Related Programs; Wednesday at 10:00 am)
Picking up the Pieces: Strengthening Connections with Students Experiencing Homelessness and Children in Foster Care (Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education; Wednesday at 10:15 am)
Misuse of Taxpayer Dollars and Corporate Welfare in the Oil and Gas Industry (Natural Resources Subcommittee on Oversight and Investigations, Wednesday at 1:00 pm)
Reforming the Capitol Police and Improving Accountability for the Capitol Police Board (House Administration, Wednesday at 3:00 pm)
Examining Next Steps for U.S. Engagement in Afghanistan (Oversight and Reform Subcommittee on National Security; Thursday at 9:00 am)
Powering Up Clean Energy: Investments to Modernize and Expand the Electric Grid (Climate Crisis, Thursday at 9:30 am)
Senate schedule: The Senate returns today at 3:00 pm to resume consideration of the Endless Frontier Act, S. 1260. The cloture motion on the motion to proceed was filed on Thursday. A vote on the cloture motion is expected around 5:30 pm. The Endless Frontier Act has bipartisan support, so the cloture motion, which requires 60 votes, should be agreed to. The bill would appropriate $112.41 billion over the next five fiscal years for research and development, science, and technology hubs. Presumably, the Endless Frontier Act will take up at least a couple of days of floor time, perhaps longer. That’s not to say the Senate won’t take up other business—such as nominees—while the clock is running in the background on the legislation.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Nominations Hearing (Armed Services, Tuesday at 9:30 am)
Paid Leave for Working Families: Examining Access, Options, and Impacts (Health, Education, Labor, and Pensions; Tuesday at 10:00 am)
Protecting Kids Online: Internet Privacy and Manipulative Marketing (Commerce, Science, and Transportation Subcommittee on Consumer Protection, Product Safety, and Data Security; Tuesday at 10:00 am)
Funding and Financing Options to Bolster American Infrastructure (Finance, Tuesday at 10:00 am)
Examining the Role of the Department of Homeland Security’s Office of Intelligence and Analysis (Homeland Security and Governmental Affairs, Tuesday at 10:00 am)
Cybersecurity of the Defense Industrial Base (Armed Services Subcommittee on Cybersecurity, Tuesday at 2:30 pm)
Nominations Hearing (Intelligence, Tuesday at 2:30 pm)
Antitrust Applied: Hospital Consolidation Concerns and Solutions (Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights; Wednesday at 2:30 pm)
COVID-19 Health Care Flexibilities: Perspectives, Experiences, and Lessons Learned (Finance, Wednesday at 10:00 am)
COVID-19 Part II: Evaluating the Medical Supply Chain and Pandemic Response Gaps (Homeland Security and Governmental Affairs, Wednesday at 2:20 pm)
A Dire Shortage and Getting Worse: Solving the Crisis in the Health Care Workforce (Health, Education, Labor, and Pensions Subcommittee on Primary Health and Retirement; Thursday at 10:00 am)
21st Century Communities: Expanding Opportunity Through Infrastructure Investments (Banking, Housing, and Urban Affairs; Thursday at 10:00 am)
Wyden doesn’t want a gas tax hike: Senate Finance Committee Chairman Ron Wyden (D-OR) has thrown cold water on a gas tax increase to fund infrastructure. Instead, he favors increasing the corporate income tax rate. Wyden’s views on taxes are more nuanced than people realize. For example, some may remember that Wyden, whose home state has no sales tax, was one of the few Democrats who opposed an internet sales tax.
Reminder about House and Senate schedules: House committees may meet next week, but there are no session days scheduled, other than pro forma. The Senate will be in session this week and next. Believe me, we all have our eyes on that Memorial Day recess.
Monthly budget deficit: Through April, the budget deficit for FY 2021 is $1.931 trillion, according to the Congressional Budget Office. Revenues are up by 16 percent compared to the same point in FY 2020. Outlays are up by 22 percent. Although the assumption that interest rates would remain relatively low and stable over the short-term, concerns about inflation could result in the Federal Reserve raising interest rates. If the Federal Reserve increases interest rates, the cost of borrowing would rise, leading to even higher than projected budget deficits.
Earmark requests: Did I say earmarks? I’m sorry. I forgot that we don’t call them that now. It’s now “Community Project Funding.” According to the House Appropriations Committee, Members have requested 2,887 earmarks (I did it again!) totaling $5,896,963,777.
Due Process Institute is a bipartisan nonprofit that works to honor, preserve, and restore principles of fairness in the criminal legal system.