House Republicans' Debt Limit Offer, Senate Resolution Condemning Calls to Defund DOJ and FBI, Sentencing Commission Guideline Amendments
Jason Pye and Tray Brown - Due Process Institute
Point of Order is a (mostly) weekly preview of key congressional activity for those with more than a passing interest in federal policy.
Schedule and suspensions in the House: The House returns on Monday at 2:00 pm for legislative business. First votes are expected at 6:30 pm. Legislative business will begin at 12:00 pm on Tuesday, 12:00 pm on Wednesday, and 9:00 am on Thursday. Last votes for the week are expected no later than 3:00 pm Thursday. Three bills (listed below) will be considered under the suspension of the rules. The cost estimates for these bills can be found here.
H.R. 1149 Countering Untrusted Telecommunications Abroad Act (Foreign Affairs Committee)
H.R. 1151, Upholding Sovereignty of Airspace Act (Foreign Affairs Committee)
H. Res. 240, Condemning recent actions taken by the Russian military to down a United States Air Force drone (Foreign Affairs Committee)
Rule bills: The House Rules Committee will meet at 4:00 pm today to markup the rule for the Protection of Women and Girls in Sports Act, H.R. 734, and a resolution disapproving the action of the District of Columbia Council in approving the Comprehensive Policing and Justice Reform Amendment Act of 2022, H.J.Res. 42. The House may also consider the veto message for the Revised Definition of the Waters of the United States (WOTUS) Rule CRA, H.J.Res. 27. The White House issued a veto threat against the CRA.
House Republicans’ offer on the debt limit: Punchbowl broke the news last week of House Republicans’ offer to President Biden on the debt limit. They want to increase the debt limit until May 2024 in exchange for a cap on nondefense discretionary spending, work requirements for food stamps and other welfare programs, a prohibition on student loan forgiveness, passage of their energy bill, and the Regulations from the Executive in Need of Scrutiny Act (REINS) Act. The cap on nondefense discretionary spending would be $584 billion in FY 2024, and it would increase by 1 percent annually during the budget window. Defense discretionary spending would be untouched. Under the current baseline, discretionary spending would fall from $21.3 trillion between 2024 and 2033 to $15.9 trillion. It’s important to note that even with a cut of more than 40 percent of nondefense discretionary spending, the budget still wouldn’t balance. The increase in the debt limit also puts the issue right into the presidential race. Needless to say, the cuts aren’t going to land the support of the White House and Senate Democrats (and probably some Republicans), so it’s hard to take it seriously. (I say that as someone who wants cuts to discretionary spending, including defense, and entitlement reform.)
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week is here.
Field Hearing: Victims of Violent Crime in Manhattan (Judiciary, Monday at 9:00 am)
Investigating the Origins of COVID-19, Part 2: China and the Available Intelligence (Coronavirus Pandemic, Tuesday at 9:30 am)
Looking Ahead Series: House Sergeant at Arms Strategic Plan for the 118th Congress (House Administration, Tuesday at 10:00 am)
Oversight of the Securities and Exchange Commission (Financial Services, Tuesday at 10:00 am)
Fiscal Year 2024 Request for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies; Tuesday at 10:00 am)
The Homeland Security Cost of the Biden Administration’s Catastrophic Withdrawal from Afghanistan (Homeland Security Subcommittee on Counterterrorism, Law Enforcement, and Intelligence; Tuesday at 10:00 am)
Oversight of the Office of Refugee Resettlement’s Unaccompanied Alien Children Program (Oversight and Accountability Subcommittee on National Security, the Border, and Foreign Affairs; Tuesday at 10:00 am)
Establishing an Independent NOAA (Science, Space, and Technology; Tuesday at 10:00 am)
Fiscal Year 2024 Federal Trade Commission Budget (Energy an Commerce Subcommittee on Innovation, Data, and Commerce; Tuesday at 10:00 am)
Fiscal Year 2024 Request for the U.S. Immigration and Customs Enforcement Agency (Appropriations Subcommittee on Homeland Security, Tuesday at 10:00 am)
Fiscal Year 2024 Request for the United States Department of Education (Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies; Tuesday at 10:00 am)
A Review of USDA Animal Disease Prevention and Response Efforts (Agriculture Subcommittee on Livestock, Dairy, and Poultry; Tuesday at 10:00 am)
Member Day (Transportation and Infrastructure, Tuesday at 10:00 am)
Fiscal Year 2024 Request for the United States Agency for International Development (Appropriations Subcommittee on State, Foreign Operations, and Related Programs; Tuesday at 10:00 am)
Fiscal Year 2024 Request for the Department of Housing and Urban Development (Appropriations Subcommittee on Transportation, and Housing and Urban Development, and Related Agencies; Tuesday at 10:00 am)
Markup of Pending Legislation (Veterans’ Affairs Subcommittee on Health, Tuesday at 10:00 am)
School Choice: Expanding Educational Freedom for All (Education and the Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education; Tuesday at 10:15 am)
Examining the Implementation of the Great American Outdoors Act and the Growing National Park Service Deferred Maintenance Backlog (Natural Resources Subcommittee on Federal Lands, Tuesday at 10:15 am)
U.S. Military Posture and National Security Challenges in the Indo-Pacific Region (Armed Services, Tuesday at 10:30 am)
12 Years of Terror: Assad’s War Crimes and U.S. Policy for Seeking Accountability in Syria (Foreign Affairs Subcommittee on the Middle East, North Africa, and Central Asia; Tuesday at 10:30 am)
Legislative Hearing (Natural Resources Subcommittee on Water, Wildlife and Fisheries; Tuesday at 10:30 am)
Insights from the HHS Inspector General on Oversight of Unaccompanied Minors, Grant Management, and CMS (Energy and Commerce Subcommittee on Oversight and Investigations, Tuesday at 10:30 am)
Combatting a Crisis: Providing Veterans Access to Life-saving Substance Abuse Disorder Treatment (Veterans’ Affairs Subcommittee on Health, Tuesday at 12:00 pm)
Fiscal Year 2024 Request for the Department of Commerce (Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies; Tuesday at 1:30 pm)
Paying Their Fair Share: How Tax Hikes Crush the Competitiveness of Small Businesses (Small Business, Tuesday at 2:00 pm)
Review of the President’s Fiscal Year 2024 Budget Request for the Coast Guard (Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation, Tuesday at 2:00 pm)
American Nuclear Energy Expansion: Powering a Clean and Secure Future (Energy and Commerce Subcommittee on Energy, Climate, and Grid Security; Tuesday at 2:00 pm)
Fiscal Year 2024 Request for Navy and Marine Corps Military Construction and Family Housing (Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies; Tuesday at 2:00 pm)
Fiscal Year 2024 Request for the Federal Emergency Management Agency (Appropriations Subcommittee on Homeland Security, Tuesday at 2:00 pm)
Countering China’s Trade and Investment Agenda: Opportunities for American Leadership (Ways and Means Subcommittee on Trade, Tuesday at 2:00 pm)
Surrounding the Ocean: PRC Influence in the Indian Ocean (Foreign Affairs Subcommittee on the Indo-Pacific, Tuesday at 2:00 pm)
Spending on Empty: How the Biden Administration’s Unprecedented Spending Increased Risk of Waste, Fraud, and Abuse at the Department of Energy (Oversight and Accountability Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs; Tuesday at 2:00 pm)
Great Power Competition in Africa: The Chinese Communist Party (Foreign Affairs Subcommittee on Africa, Tuesday at 2:30 pm)
Markup of Pending Legislation (Veterans’ Affairs Subcommittee on Economic Opportunity, Tuesday at 3:00 pm)
Legislative Hearing (Veterans’ Affairs Subcommittee on Oversight and Investigations, Wednesday at 9:30 am)
Fiscal Year 2024 Request for the National Science Foundation (Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies; Wednesday at 9:30 am)
Examining the President's FY 2024 Budget Request for the Department of the Interior (Natural Resource, Wednesday at 10:00 am)
Examining Existing Federal Programs to Build a Stronger Health Workforce and Improve Primary Care (Energy and Commerce Subcommittee on Health, Wednesday at 10:00 am)
The Biden Administration's Disastrous Withdrawal from Afghanistan, Part I: Review by the Inspectors General (Oversight and Accountability, Wednesday at 10:00 am)
Understanding Stablecoins’ Role in Payments and the Need for Legislation (Financial Services Subcommittee on Digital Assets, Financial Technology and Inclusion; Wednesday at 10:00 am)
The U.S. Tax Code Subsidizing Green Corporate Handouts and the Chinese Communist Party (Ways and Means, Wednesday at 10:00 am)
Protecting American Taxpayers: Highlighting Efforts to Protect Against Federal Waste, Fraud, and Mismanagement (Science, Space, and Technology; Wednesday at 10:00 am)
Fiscal Year 2024 Request for the U.S. Coast Guard (Appropriations Subcommittee on Homeland Security, Wednesday at 10:00 am)
A Review of the Fiscal Year 2024 Budget Request for the Department of Homeland Security (Homeland Security, Wednesday at 10:00 am)
Fiscal Year 2024 Request for the Centers for Disease Control and Prevention, Administration for Strategic Preparedness and Response, and National Institute of Health (Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies; Wednesday at 10:00 am)
Testimony from The Honorable Michael Regan, Administrator, U.S. Environmental Protection Agency (Agriculture, Wednesday at 10:00 am)
FAA Reauthorization: Examining the Current and Future Challenges Facing the Aerospace Workforce (Transportation and Infrastructure Subcommittee on Aviation, Wednesday at 10:00 am)
Exposing Putin's Crimes: Evidence of Russian War Crimes and Other Atrocities in Ukraine (Foreign Affairs, Wednesday at 10:00 am)
Office of Inspector General Reports to Congress on Investigations of SBA Programs (Small Business Subcommittee on Oversight, Investigations, and Regulations; Wednesday at 10:00 am)
Department of the Army Fiscal Year 2024 Budget Request (Armed Services, Wednesday at 10:00 am)
Examining Biden’s War on Independent Contractors (Education and the Workforce Subcommittee on Workforce Protections, Wednesday at 10:15 am)
Breaking Barriers: Streamlining Permitting to Expedite Broadband Deployment (Energy and Commerce Subcommittee on Communication and Technology, Wednesday at 10:30 am)
Fiscal Year 2024 Request for the National Aeronautics and Space Administration (Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies; Wednesday at 1:30 pm)
Fiscal Year 2024 Request for the U.S. Customs and Border Protection Agency (Appropriations Subcommittee on Homeland Security, Wednesday at 2:00 pm)
Data Breach at the D.C. Health Exchange (House Administration Subcommittees on Oversight and Accountability Subcommittee on Cybersecurity, Information Technology, and Government Innovation; Wednesday at 2:00 pm)
A Roadmap for Growth: Reforms to Encourage Capital Formation and Investment Opportunities for All Americans (Financial Services Subcommittee on Capital Markets, Wednesday at 2:00 pm)
Fiscal Year 2024 Rotary Wing Aviation Budget Request (Armed Services Subcommittee on Tactical Air and Land Forces, Wednesday at 3:00 pm)
Markup of Pending Legislation (Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs, Wednesday at 3:30 pm)
American Confidence in Elections: Ensuring Every Eligible and Interested American Has the Opportunity to Vote—and for Their Ballot to Count According to Law (House Administration Subcommittee on Elections, Thursday at 8:30 am)
Fiscal Year 2024 Request for the Department of Transportation (Appropriations Subcommittee on Transportation, and Housing and Urban Development, and Related Agencies; Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
A nominee to kick off the week in the Senate, but more is coming: The Senate will reconvene today at 3:00 pm to resume consideration of the nomination of Radha Iyengar Plumb to serve as a deputy undersecretary of the Department of Defense. A roll call vote on the cloture motion for the Plumb nomination is expected to begin around 5:30 pm. At some point this week, Senate Majority Leader Chuck Schumer (D-NY) will bring a resolution to the floor that will condemn calls by former President Trump to defund the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). The DOJ is investigating Trump’s retention of classified material at his home in Mar-a-Lago in Florida, despite efforts by the National Archives and Records Administration to get those documents back. The FBI conducted the search on Trump’s home in August 2022.
There’s a rumor: We’ve heard a rumor that the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act could come to the Senate floor this week, but we haven’t seen much movement on that front. With all of the drama in Congress surrounding TikTok, we’re not surprised that some lawmakers would seize on the opportunity to try to fundamentally change Section 230 of the Communications Decency Act.
Why some Democrats want Feinstein to resign: For those who haven’t heard, Sen. Dianne Feinstein (D-CA) has gotten a lot of criticism over the past couple of weeks or so. Some Democrats, particularly those on the left, want Feinstein, who has been recovering from an illness since February, to resign so that the Senate Judiciary Committee can consider President Biden’s nominees who have been stalled. Democrats have a one-seat edge on the committee, but Feinstein’s absence has made the committee evenly split between Democrats and Republicans. Feinstein floated the idea of temporarily replacing her with another Democrat, but that would require Republicans to sign off on the replacement to save floor time. Otherwise, ten Republicans would have to break off in a vote on the matter.
Fetterman is back: Sen. John Fetterman (D-PA) will return to the Senate today after more than a month of treatment for depression. Sadly, too many people had super hot takes on this that were cringeworthy. Depression is a serious issue, and it’s not something that should be taken lightly. It’s okay not to be okay, no matter who you are, and there’s nothing wrong with seeking help.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
The Nuclear Regulatory Commission’s Proposed Fiscal Year 2024 Budget (Environment and Public Works Subcommittee on Clean Air, Climate, and Nuclear Safety; Tuesday at 2:30 pm)
A Rigged System: The Cost of Tax Dodging by the Wealthy and Big Corporations (Budget, Tuesday at 10:00 am)
Nomination Hearing (Banking, Housing, and Urban Affairs; Tuesday at 10:00 am)
Examining the President’s Budget Request for the U.S. Forest Service for Fiscal Year 2024 (Energy and Public Works, Tuesday at 10:00 am)
The FY24 DHS Budget: Resources and Authorities Requested to Protect and Secure the Homeland (Homeland Security and Governmental Affairs, Tuesday at 10:00 am)
Nominations Hearing (Judiciary, Tuesday at 10:00 am)
A Review of the President's Fiscal Year 2024 Budget Request for the Air Force and Space Force (Appropriations Subcommittee on Defense, Tuesday at 10:00 am)
Foreign Competitive Threats to American Innovation and Economic Leadership (Judiciary Subcommittee on Intellectual Property, Tuesday at 2:30 pm)
A Review of the President’s Fiscal Year 2024 Funding Request for the National Aeronautics and Space Administration and for the National Science Foundation (Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies; Tuesday at 2:30 pm)
To receive testimony on Army modernization in review of the Defense Authorization Request for Fiscal Year 2024 and the Future Years Defense Program (Armed Services Subcommittee on Airland, Tuesday at 2:30 pm)
To receive testimony on the Department of Energy’s atomic energy defense activities and Department of Defense nuclear weapons programs in review of the Defense Authorization Request for Fiscal Year 2024 and the Future Years Defense Program (Armed Services Subcommittee on Strategic Forces, Tuesday at 4:45 pm)
To receive testimony on artificial intelligence and machine learning applications to enable cybersecurity (Armed Services Subcommittee on Cybersecurity, Wednesday at 9:30 am)
Cleaner Vehicles: Good for Consumers and Public Health (Environment and Public Works, Wednesday at 10:00 am)
The President’s Fiscal Year 2024 IRS Budget and the IRS’s 2023 Filing Season (Finance, Wednesday at 10:00 am)
Holding Russian Kleptocrats and Human Rights Violators Accountable for their Crimes Against Ukraine (Judiciary, Wednesday at 10:00 am)
A Review of the President's Fiscal Year 2024 Budget Request for the U.S. Agency for International Development (Appropriations Subcommittee on State, Foreign Operations, and Related Programs; Wednesday at 10:00 am)
A Review of the President's Fiscal Year 2024 Budget Request for Military Construction and Family Housing (Appropriations Subcommittee on Military Construction and Veterans Affairs, Wednesday at 10:30 am)
A Review of the President’s Fiscal Year 2024 Budget Request for the Food and Drug Administration (Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies; Wednesday 2:30 pm)
To receive testimony on military construction, energy, installations, environmental, and base closure programs in review of the Defense Authorization Request for Fiscal Year 2024 and the Future Years Defense Program (Armed Services Subcommittee on Readiness and Management Support, Wednesday at 2:30 pm)
GAO’s 2023 High Risk List Recommendations for Reducing Waste, Fraud, and Abuse (Homeland Security and Governmental Affairs; Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Sentencing Commission approves new guidelines: On April 5, the United States Sentencing Commission (USSC) voted on amendments to the federal sentencing guidelines. Some of the approved amendments included expanding opportunities for compassionate release, creating proportional sentences for gun trafficking and fentanyl, changing criminal history calculations, and aiming to reduce recidivism for first-time offenders. The most significant amendments for criminal justice reform involve compassionate release and criminal history classifications. The amendments still need to be officially submitted to Congress and the Federal Register and will become effective November 1, 2023 (barring congressional disapproval). You can read the adopted amendments in their entirety here.
What’s in the amendments: The proposed amendments to §1B1.13. “Reduction in Term of Imprisonment” Under 18 U.S.C. § 3582(c)(1)(A) would include compassionate release for “unusually long sentences,” victims of sexual or physical violence by corrections officers, and the death or incapacitation of a family member’s caregiver. “Unusually long sentences” is defined as when a defendant has served at least 10 years and the sentence reflects a gross disparity with the term of imprisonment likely to be imposed under current law. These changes will give judges more discretion when granting compassionate release and build on the foundation laid in 2018 by the First Step Act to allow people who have served their debt to society return to their communities. The USSC also addressed criminal history and its impact on federal sentencing. Under the amendments to Status Points under §4A1.1, the Commission would reduce and nearly eliminate the use of status points, which hand down sentencing enhancements for committing a crime while on parole or probation. In addition to being considered a form of double penalty, research by the USSC suggests status points do not accurately predict or prevent recidivism. The Commission also made changes to “zero point offender,” a defendant with little to no criminal history, sentencing under §4C1.1 and §5C1.1. In non-violent cases, judges will now have more discretion to seek alternatives to incarceration as zero-point offenders have considerably lower recidivism rates according to USSC data.
Acquitted conduct not acted upon: The USSC did not vote on the guidelines for acquitted conduct sentencing. Judge Carlton W. Reeves said the commission needed more time before making a final determination. In case you’re not familiar with acquitted conduct sentencing, it is the unconstitutional practice of judges increasing sentences based on conduct for which a person has been acquitted (or found “not guilty”) by a jury. Due Process Institute submitted commentary to the USSC, authored by President Shana O’Toole, on why acquitted conduct sentencing should be eliminated.
Social Security and Medicare reports: The latest actuarial reports for Social Security and Medicare were recently released. The report for Social Security shows that the Old-Age and Survivors Insurance (OASI) Trust Fund will become insolvent in 2033 while the Medicare report shows that the Hospital Insurance (HI) Trust Fund will be insolvent in 2031. OASI faces an unfunded obligation of $22.4 trillion over the next 75 years. HI, also known as Medicare Part A, faces an unfunded obligation of $4.4 trillion. HI is the only Medicare program that has a dedicated funding source. Medicare Part B and Part D face total unfunded obligations of $48.5 trillion. What does this mean? Well, either benefits will be cut or Congress will have to bail out the trust funds with transfers of general revenue. OASI would be able to pay only 77 percent of scheduled benefits. HI would be able to pay 89 percent. Of course, reforming the programs is also an option, but there doesn’t seem to be much of an appetite for that in Congress. Why fix something when you can hammer the other side for trying to preserve these programs?
Deficit watch: Speaking of unfunded liabilities, the budget deficit through March of FY 2023 is $1.1 trillion. That’s up $430 billion over the same point in FY 2022. Tax revenues are down by 3 percent compared to March of FY 2022 while outlays are up 13 percent. I wouldn’t read too much in the tax revenues right now. We’re in tax season, and refunds are being issues, so that’s distorting the picture. Also, April usually brings a budgetary surplus (when we’re not in a recession) because of tax returns.
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