Forfeiture Reform Moves Out of Committee, House May Consider Schiff Censure Again, Nominees and Treaty With Chile in the Senate
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.
Forfeiture reform moves out of HJC: In something of a surprise move last week, the House Judiciary Committee marked up the Fifth Amendment Integrity (FAIR) Act, H.R. 1525, by a vote of 26 to 0. If enacted, the FAIR Act would be the first major civil asset forfeiture legislation since the Civil Asset Forfeiture Reform Act (CAFRA) of 2000. Granted, the bill has a long way to go in the legislative process. The FAIR Act would increase the evidentiary standard in federal forfeiture law, eliminate administrative forfeiture, and require that any proceeds from the sale of permanently seized property be directed to the general fund of the Department of the Treasury. Sen. Rand Paul (R-KY) has led on the FAIR Act in the Senate, but he hasn’t reintroduced the legislation in the current Congress, although I suspect that will change very soon.
Schedule and suspensions in the House: The House returns today at 2:00 pm for legislative business. First votes are expected at 6:30 pm. Legislative business will begin at 12:00 pm on Wednesday, 12:00 pm on Thursday, and 9:00 am on Friday. Last votes for the week are expected at 3:00 pm on Friday. No votes are expected on Friday. Six bills (listed below) will be considered under the suspension of the rules. The cost estimates for these bills can be found here.
S. 30, Fiscal Year 2023 Veterans Affairs Major Medical Facility Authorization Act (Veterans’ Affairs Committee)
H.R. 3672, To designate the clinic of the Department of Veterans Affairs in Indian River, Michigan, as the "Pfc. Justin T. Paton Department of Veterans Affairs Clinic" (Veterans’ Affairs Committee)
H.R. 1606, Veteran Entrepreneurship Training Act (Small Business Committee)
H.R. 3797, Paperwork Burden Reduction Act (Ways and Means Committee)
H.R. 3801, Employer Reporting Improvement Act (Ways and Means Committee)
H.R. 4004, United States-Taiwan Initiative on 21st-Century Trade First Agreement Implementation Act (Ways and Means 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.
Rule bills: The House Rules Committee will meet at 3:00 pm today to markup the rule for the CHOICE Arrangement Act, H.R. 3799; Condemning the use of elementary and secondary school facilities to provide shelter for aliens who are not admitted to the United States, H.Res. 461; and the Middle Class Borrower Protection Act, H.R. 3564. The House may also consider the veto message for the Student Loan CRA, H.J.Res. 45, and a resolution censuring Rep. Adam Schiff (D-CA), H.Res. 521. The censure resolution comes on the heels of a similar unsuccessful effort last week. This one, though, is likely to pass.
Appropriations are coming: The House Appropriations Committee has approved the subcommittee allocations for the 12 appropriations bills that Congress has to pass before the end of the day on September 30. We expect these bills to hit the House floor next month. We do not expect them to pass the Senate.
House committee schedule: The full House committee schedule for the week is here. If you’re interested in watching hearings online, you can find committee websites here.
Nominations and a treaty in the Senate: The Senate will reconvene at 3:00 pm to resume consideration of the nomination of Julie Rikelman to serve as a judge on the U.S. Court of Appeals for the First Circuit. Cloture was invoked on the Rikelman nomination on Thursday. Around 5:30 pm, the Senate will begin to vote on Rikelman’s confirmation. The Senate will also consider the nomination of Natasha C. Merle to serve as a judge on the U.S. District Court for the Eastern District of New York, as well Treaty Document 112-8, relating relations with Chile for the avoidance of double taxation and the prevention of fiscal evasion. Cloture motions on the Merle nomination and Treaty Document 112- were filed last week.
Senate committee schedule: The full Senate committee schedule for the week is here. If you’re interested in watching hearings online, you can find committee websites here.
Bipartisan budget solutions: My friends at the National Taxpayers Union are hosting an event on the Hill, “After the Fiscal Responsibility Act and the Future of Bipartisan Budget Solutions,” featuring Sen. Maggie Hassan (D-NH), Rep. Ashley Hinson (R-IA), and Rep. Henry Cuellar (D-TX). The event will take place on Wednesday, June 21, from 9:00 am to 10:00 am in SR-188 in the Russell Senate Office Building. If you’re interested in attending, and you should definitely go to this event, you can RSVP here.
Upcoming CBO reports: The Congressional Budget Office will release The 2023 Long-Term Budget Outlook on June 28, the 2023 Long-Term Projections for Social Security on June 29, The Long-Term Budget Outlook Under Alternative Paths for the Economy and the Budget on July 20, and An Update to the Economic Outlook: 2023 to 2025 on July 31.
Apologies for the short update: In addition to me having the cold from hell over the weekend, my girlfriend had surgery yesterday. She’s doing well. She’s currently drinking a cup of coffee in her Disney princess mug while watching CNN. Anyway, I’m taking care of her, so I got a very late start on Point of Order this week.
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