House Has a Busy Week Before July 4 Recess, January 6 Select Committee Could Come Up, Senate Is in Recess
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 Independence Day: Independence Day is this week weekend. We hope you have a great weekend celebrating the Continental Congress’ declaration that our American colonies were free, united, independent, states and no longer subject to King George III. If you want something to watch to get you in the spirit, I recommend 1776 or John Adams. Make sure you pick up a six-pack of Sam Adams, some burgers and hot dogs, and spend some time outside.
House schedule: The House returns today at 2:00 pm for legislative business. 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 11 bills (listed below) on the suspension calendar for the week. Suspensions will be considered today and tomorrow.
To repeal the Authorization for the Use of Military Force against Iraq Resolution, H.R. 3261
To repeal the joint resolution entitled, “A joint resolution to promote peace and stability in the Middle East, H.R. 3283
Haiti Development, Accountability, and Institutional Transparency Initiative Act, H.R. 2471
Calling for the immediate release of Trevor Reed, a United States citizen who was unjustly found guilty and sentenced to nine years in a Russian prison, H.Res. 186
Global Learning Loss Assessment Act, H.R. 1500
Urging the Administration to facilitate assistance in response to the devastating impacts of COVID-19 in India, H.Res. 402
Global Health Security Act, H.R. 391
Trans-Sahara Counterterrorism Partnership Program Act, H.R. 567
National Science Foundation for the Future Act, H.R. 2225
Department of Energy Science for the Future Act, H.R. 3593
HOPE for Afghan SIVs Act, H.R. 3385
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(s) governing consideration of the three bills on the floor this week, the IG Independence and Empowerment Act, H.R. 2662; a bill to remove the bust of Roger Taney and statutes Confederates currently on display in the U.S. Capitol, H.R. 3005; and the INVEST in America Act, H.R. 3684. The House Rules Committee will meet again tomorrow at 2:00 pm to determine which of the more than 240 amendments filed to the INVEST in America Act will be considered on the floor. It’s also possible that the House will consider legislation to establish a select committee to investigate the January 6 attack on the U.S. Capitol.
Boosting inspectors general: The IG Independence and Empowerment Act would protect inspectors general from retaliation by allowing them to be removed only for cause. The bill also creates notification requirements and reports to Congress. It also expands an inspector general’s subpoena power and allows the Inspector General of the Department of Justice (DOJ) to explore alleged wrongdoing against DOJ attorneys. That last part related to the DOJ is very similar to the IG Access Act in the Senate, which Due Process Institute supports.
Nixing statues of Confederates: The bill to remove the bust of Roger Taney and statues of Confederates currently on display in the U.S. Capitol is pretty straightforward. Taney, who served as Chief Justice of the Supreme Court between 1836 and 1864, was the author of the infamous Dred Scott (1857) decision. His bust is on display in the Old Supreme Court Chamber in the U.S. Capitol. There are also several statues of Confederates on display in the U.S. Capitol as part of the National Statuary Hall Collection. Each state sends two statues for display in the collection. The statutes include Jeff Davis, Alexander Stephens, and Robert E. Lee. (In case anyone is wondering, I strongly support the effort in the Georgia General Assembly to replace the statue of Alexander Stephens, who was the second-highest-ranking political figure in the Confederacy and gave the infamous “Cornerstone speech.”)
And an infrastructure bill: The INVEST in America Act is a $547 billion infrastructure bill (the cost comes from House Democrats, not the Congressional Budget Office) that would boost funding for transportation, including roads, bridges, and transit. The bill also includes environmental and “buy American” provisions. If you find reading congressional documents fun, you’re in luck! You can read the text of the bill here and the section-by-section here.
It's not on the calendar yet, but it could come up: The House could consider legislation this week to create a select committee on the January 6 attack on the U.S. Capitol. Speaker Nancy Pelosi (D-CA) said this was coming last week. A select committee was entirely predictable after Senate Republicans blocked the legislation to create a bipartisan commission. I wrote about this in the June 7 newsletter. Republicans were concerned that the activities of the commission would spill over into 2022, a critical election year. That now seems to be a certainty. Republicans will complain about partisanship while not owning up to either what happened nor their contributions to the lies that led to the attack.
Invest in the Legislative Branch: Look, I’m the last person who wants the government to spend money, but investments in the Legislative Branch are hugely important. The House Appropriations Committee will markup the Legislative Branch Appropriations bill this week. The version of the bill that made it out of the subcommittee boosts spending by 13.8 percent and includes boosts to Members Representational Allowances (from which staff are paid and folks trust me: staff are generally not paid well at all). The bill also includes increases for congressional agencies like the Congressional Budget Office and the Government Accountability Office.
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 Fiscal Year 2022 Interior, Environment, and Related Agencies Subcommittee Appropriations Bill (Appropriations Subcommittee on Interior, Environment, and Related Agencies; Monday at 5:30 pm)
Markup of Fiscal Year 2022 Department of State, Foreign Operations, and Related Programs Subcommittee Appropriations Bill (Appropriations Subcommittee on State, Foreign Operations, and Related Programs; Monday at 7:30 pm)
Markup of Legislative Measures (Oversight and Reform, Tuesday at 9:00 am)
A Biased, Broken System: Examining Proposals to Overhaul Credit Reporting to Achieve Equity (Financial Services, Tuesday at 10:00 am)
The Conflict in Ethiopia (Foreign Affairs, Tuesday at 10:00 am)
The Need to Enhance the Voting Rights Act: Preliminary Injunctions, Bail-in Coverage, Election Observers, and Notice (Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties; Tuesday at 10:00 am)
The CLEAN Future Act and Electric Transmission: Delivering Clean Power to the People (Energy and Commerce Subcommittee on Energy, Tuesday at 10:30 am)
Markup of FY2022 Report on the Suballocation of Budget Allocations, Legislative Branch and Financial Services and General Government Appropriations Bills (Appropriations, Tuesday at 11:00 am)
The Legacy of George Floyd: An Examination of Financial Services Industry Commitments to Economic and Racial Justice (Financial Services Subcommittee on Diversity and Inclusion, Tuesday at 3:00 pm)
America on “FIRE”: Will the Crypto Frenzy Lead to Financial Independence and Early Retirement or Financial Ruin? (Financial Services Subcommittee on Oversight and Investigations, Wednesday at 10:00 am)
Catalyst for Change: State and Local IT After the Pandemic (Oversight and Reform Subcommittee on Government Operations, Wednesday at 10:00 am)
Supply Chain Recovery and Resiliency: Small Producers and Local Agricultural Markets (Agriculture Subcommittee on Biotechnology, Horticulture, and Research; Wednesday at 10:00 am)
Secrecy Orders and Prosecuting Leaks: Potential Legislative Responses to Deter Prosecutorial Abuse of Power (Judiciary, Wednesday at 10:00 am)
Jobs! Jobs! Jobs! (Small Business Subcommittee on Innovation, Entrepreneurship, and Workforce Development; Wednesday at 10:00 am)
A Safe Wireless Future: Securing our Networks and Supply Chains (Energy and Commerce Subcommittee on Communications and Technology, Wednesday at 10:30 am)
Markup of Fiscal Year 2022 Homeland Security Subcommittee Appropriations Bill (Appropriations Subcommittee on Homeland Security, Wednesday at 11:30 am)
Markup of FY2022 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies and Military Construction, Veterans Affairs, and Related Agencies Appropriations Bills (Appropriations, Wednesday at 1:00 pm)
Transportation Investments for Solving the Climate Crisis (Climate Crisis, Wednesday at 2:00 pm)
Addressing Climate as a Systemic Risk: The Need to Build Resilience within Our Banking and Financial System (Financial Services Subcommittee on Consumer Protection and Financial Institutions, Wednesday at 2:00 pm)
Building Trust and Battling Barriers: The Urgent Need to Overcome Vaccine Hesitancy (Coronavirus Crisis, Thursday at 9:30 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
And on the other side of the Capitol: The Senate has finished its June work period and will return on Monday, July 12. That’s not to say there isn’t drama happening. Bipartisan negotiators reached a deal on the framework on an infrastructure bill. The framework spends $973 billion over five years and $1.209 trillion over eight years. President Biden endorsed the framework but added that he would veto the legislation that reflects the framework if a separate $6 trillion “infrastructure” package passed under budget reconciliation wasn’t also sent to his desk. Obviously, Senate Republicans who were part of the bipartisan deal were annoyed by those comments. Since then, Biden has done damage control and walked back his comments, which has been enough to placate those Senate Republicans. Although the Senate parliamentarian suggested that another budget reconciliation bill would abusive and violate the intent of the budget reconciliation process, it seems that Democrats are planning to ignore that opinion and forge ahead. As I’ve mentioned before, the Senate parliamentarian, whose opinions are nonbinding, has only the power the Senate gives her, so they can overrule her.
Policing reform deal deadline passes: Sen. Cory Booker (D-NJ), Sen. Tim Scott (R-SC), and Rep. Karen Bass (D-CA) say they have agreed to a framework on policing reform legislation, but they’ll miss the deadline to finalize text. After all, text is everything in these situations. Negotiators will come back to the table when the Senate returns next month. Qualified immunity has been a sticking point but use of force issues also have to be worked out.
Maybe the August recess will happen, maybe it won’t: Some Senate Democrats are urging Majority Leader Chuck Schumer (D-NY) to cancel the August recess. Republicans extended a work period into August 2018, leaving only a week of recess. It probably won’t happen this year, but the calls to cancel the recess could get louder as it approaches. (Please don’t cancel the recess. Some of us want a vacation.)
New long-term budget outlook coming: The Congressional Budget Office will release An Update to the Budget and Economic Outlook: 2021 to 2031 on Thursday at 2:00 pm. This will include the budgetary effects of the American Rescue Plan Act. It’ll be interesting to see if the CBO expects interest rates to rise. Previously, the agency projected that interest rates would remain lower in the short term before rising. Now that inflation is a concern—although how serious that would be remains to be seen— the CBO could work higher interest rates into the equation. Higher interest rates mean even larger deficits.
We’ll see you on July 12: As noted, the Senate comes back on July 12. The House will have a committee work week the same week but won’t have any floor activity. We’ll see you then.
Due Process Institute is a bipartisan nonprofit that works to honor, preserve, and restore principles of fairness in the criminal legal system.