House to Consider Electoral Count Bill, Three Important Bills Before House Judiciary, Treaty Amendment in the Senate, Respect for Marriage Vote Delayed
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.
Come see my band on September 30: Some friends of mine and I started a cover band—metroisonfire—and we’re playing a show on September 30 at The Pocket. Our setlist includes songs from Foo Fighters, Green Day, and NOFX. Doors open at 8:00 pm. There’s no charge to get into the show. You can RSVP on Facebook or Eventbrite.
Schedule and suspensions 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 Thursday, and the last votes for the week are expected at 3:00 pm that day. No votes are expected on Friday. There are 26 bills (listed below) on the suspension calendar for the week. Additional legislative items are possible.
Peace Corps Reauthorization Act, H.R. 1456 (Sponsored by Rep. John Garamendi / Foreign Affairs Committee)
United States Commission on International Religious Freedom Reauthorization Act, S. 3895 (Foreign Affairs Committee)
READ Act Reauthorization Act, H.R. 7240 (Foreign Affairs Committee)
Securing Global Telecommunications Act, H.R. 8503 (Foreign Affairs Committee)
Countering Untrusted Telecommunications Abroad Act, H.R. 8520 (Foreign Affairs Committee)
Russia Cryptocurrency Transparency Act, H.R. 7338 ( Foreign Affairs Committee)
CAPTAGON Act, H.R. 6265 (Foreign Affairs Committee)
CORRUPT Act, H.R. 6846 (Foreign Affairs Committee)
Urging the European Union to designate Hizballah in its entirety as a terrorist organization, H.Res. 558 (Foreign Affairs Committee)
Upholding the Dayton Peace Agreement Through Sanctions Act, H.R. 8453 (Foreign Affairs Committee)
Helen Keller National Center Reauthorization Act, H.R. 1433 (Education and Labor Committee)
Bridging the Gap for New Americans Act, S. 3157 (Education and Labor Committee)
Stop Human Trafficking in School Zones Act, H.R. 7566 (Judiciary Committee)
Human Trafficking Prevention Act, H.R. 7181 (Judiciary Committee)
ARTS Act, S. 169 (Judiciary Committee)
PRESS Act, H.R. 4330 (Judiciary Committee)
To amend title 28, United States Code, to provide an additional place for holding court for the Western District of Washington, and for other purposes, H.R. 3034 (Judiciary Committee)
Enslaved Voyages Memorial Act, H.R. 4009 (Natural Resources Committee)
National Service Animals Memorial Act, H.R. 6353 (Natural Resources Committee)
Keep America’s Refuges Operational Act, H.R. 6734 (Natural Resources Committee)
To designate the Kol Israel Foundation Holocaust Memorial in Bedford Heights, Ohio, as a national memorial, H.R. 7618 (Natural Resources Committee)
Blackwell School National Historic Site Act, S. 2490 (Natural Resources Committee)
New Philadelphia National Historical Site Act, H.R. 820 (Natural Resources Committee)
Little Manatee Wild and Scenic River Act, H.R. 4358 (Natural Resources Committee)
To designate the outpatient clinic of the Department of Veterans Affairs in Ventura, California, as the "Captain Rosemary Bryant Mariner Outpatient Clinic,” H.R. 7698 (Veterans' Affairs Committee)
To rename the Department of Veterans Affairs community-based outpatient clinic in San Angelo, Texas, the "Colonel Charles and JoAnne Powell VA Clinic,” S. 2771 (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.
Rule bills: The House Rules Committee will meet at 2:00 pm today to markup the rule for the Joint Consolidation Loan Separation Act, S. 1098, and Tuesday at 2:00 pm to markup the rule for the Presidential Election Reform Act, H.R. ____. The text of the Presidential Election Reform Act wasn't available as of this morning. Additional legislation, including the continuing resolution, is possible this week.
Party divisions in the House: Three new members were sworn in last week. Those members are Reps. Mary Peltola (D-AK-AL), Pat Ryan (D-NY-19), and Joe Sempolinski (R-NY-23). Separately, Rep. Charlie Crist (D-FL-13) resigned on August 31 and, as you may already know, Rep. Jacki Walorski (R-IN-02) tragically passed away on August 3. The party divisions in the House are now 221 Democrats and 212 Republicans.
There’s a race coming together for House Republican Whip: There’s a race emerging between Reps. Tom Emmer (R-MN), Jim Banks (R-IN), and Drew Ferguson (R-GA) should Republicans win the majority in the House for the whip position. The whip is responsible for counting (and arm-twisting for) votes on priority legislation. Ferguson is the current deputy whip, serving under Minority Whip Steve Scalise (R-LA), who is likely to become majority leader should Republicans take over the House. Emmer, who has the most notable libertarian streak of the candidates running for the spot, is the current chairman of the National Republican Campaign Committee. Banks, who is very ambitious, is the chairman of the Republican Study Committee. Although this won’t be decided until after the midterm, the race will be an interesting one to learn about as Republicans get closer to deciding what their leadership team will look like.
A very important markup in House Judiciary: On Wednesday at 10:00 am, the House Judiciary Committee is scheduled to markup the Terry Technical Correction Act, H.R. 5455; the Clean Slate Act, H.R. 2864; and the Fresh Start Act, H.R. 5651. The Terry Technical Correction Act would clarify that the First Step Act reforms were meant to apply to individuals convicted under 21 U.S.C. § 841(b)(1)(C), as well as other low-level offenses. The Clean Slate Act would provide for the automatic sealing of records for simple possession of a controlled substance under 21 U.S.C. § 844 or records for any federal nonviolent marijuana offense—one year after someone has completed his or her sentence. The bill also provides a petition process for the sealing of records for certain nonviolent offenses. A person who has been convicted of two or fewer nonviolent offenses can petition a court to seal the record after completing the terms of any sentence. The Fresh Start Act creates a grant program for states to implement automatic expungement or sealing laws for certain criminal records. Due Process Institute supports each of these bills.
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.
Amplifying the Arctic: Strengthening Science to Respond to a Rapidly Changing Arctic (Science, Space, and Technology; Tuesday at 10:00 am)
A 2022 Review of the Farm Bill: Stakeholder Perspectives on Title II Conservation Programs (Agriculture Subcommittee on Conservation and Forestry, Tuesday at 10:00 am)
Markup of Various Legislative Measures (Oversight and Reform, Tuesday at 10:00 am)
Under the Radar: Alternative Payment Systems and the National Security Impacts of Their Growth (Financial Services Subcommittee on National Security, International Development, and Monetary Policy; Tuesday at 10:00 am)
SBA Management Review: Office of International Trade (Small Business, Tuesday at 10:00 am)
Back to School: Meeting Students’ Academic, Social and Emotional Needs (Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education; Tuesday at 10:15 am)
Examining Oklahoma v. Castro-Huerta: The Implications of the Supreme Court's Ruling on Tribal Sovereignty (Natural Resources Subcommittee on Indigenous Peoples of the United States, Tuesday at 1:00 pm)
Assessing Crypto as a Tool for Financial Inclusion (Agriculture Subcommittee on Commodity Exchanges, Energy, and Credit; Tuesday at 2:00 pm)
Review of Diversity and Inclusion at America’s Largest Insurance Companies (Financial Services Subcommittee on Diversity and Inclusion, Tuesday at 2:00 pm)
Putin’s Proxies: Examining Russia’s Use of Private Military Companies (Oversight and Reform Subcommittee on National Security, Wednesday at 9:30 am)
Holding Megabanks Accountable: Oversight of America’s Largest Consumer Facing Banks (Financial Services, Wednesday at 10:00 am)
Markup of Various Legislative Measures (Judiciary, Wednesday at 10:00 am)
Markup of Various Legislative Measures (Small Business, Wednesday at 10:00 am)
Critical Infrastructure Preparedness and Resilience: A Focus on Water (Homeland Security, Wednesday at 10:00 am)
Looking Back to Predict the Future: The Next Generation of Weather Satellites (Science, Space, and Technology Subcommittee on Space and Aeronautics; Wednesday at 10:00 am)
Right to Repair: Legislative and Budgetary Solutions to Unfair Restrictions on Repair (Rules Subcommittee on Legislative and Budget Process; Wednesday at 10:00 am)
Examining the Administration of the Unemployment Insurance System (Education and Labor Subcommittee on Health, Employment, Labor, and Pensions; Wednesday at 10:15 am)
Examining Long-Term Care in America: The Impact of the Coronavirus in Nursing Homes (Coronavirus Crisis, Wednesday at 2:00 pm)
Update on the Implementation of Recommendations of the Independent Review Commission on Sexual Assault in the Military and the Establishment of the Office of Special Trial Counsel (Armed Services Subcommittee on Military Personnel, Wednesday at 2:00 pm)
Accountability for Atrocity Crimes Committed by Russia in Ukraine (Foreign Affairs Subcommittee on Europe, Energy, the Environment, and Cyber
Power and Profiteering: How Certain Industries Hiked Prices, Fleeced Consumers, and Drove Inflation (Oversight and Reform Subcommittee on Economic and Consumer Policy, Thursday at 9:00 am)
State of Emergency: Examining the Impact of Growing Wildfire Risk on the Insurance Market (Financial Services Subcommittee on Housing, Community Development, and Insurance; Thursday at 9:00 am)
Federal Building Security: Examining the Risk Assessment Process (Homeland Security Subcommittee on Oversight, Management, and Accountability; Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
A nomination and treaty kick off the week in the Senate: The Senate will reconvene today at 3:00 pm to resume consideration of the nomination of Florence Y. Pan to serve as a judge on the U.S. Court of Appeals for the District of Columbia Circuit. A vote on the cloture motion for the Pan nomination is expected to begin around 5:30 pm. A cloture motion was also filed for the Amendment to the Montreal Protocol, Treaty Document 117-1. This is the Kigali Amendment, which would gradually phase out hydrofluorocarbons (HFCs). The Amendment to the Montreal Protocol requires 67 votes.
A vote on the same-sex marriage bill kicked into lame-duck: The rumor early last week was that Senate Majority Leader Chuck Schumer (D-NY) would file cloture on the Respect for Marriage Act, H.R. 8404, setting up a cloture vote early this week. By the end of the week, those plans had been scrapped. A vote on the bill is now expected in the lame-duck session. Sens. Tammy Baldwin (D-WI), Susan Collins (R-ME), Rob Portman (R-OH), Kyrsten Sinema (D-AZ), and Thom Tillis (R-NC) released a joint statement in which they said, “The Respect for Marriage Act is a simple but important step which provides certainty to millions of Americans in loving marriages. Through bipartisan collaboration, we’ve crafted commonsense language that respects religious liberty and Americans’ diverse beliefs, while upholding our view that marriage embodies the highest ideals of love, devotion, and family. We’ve asked Leader Schumer for additional time and we appreciate he has agreed. We are confident that when our legislation comes to the Senate floor for a vote, we will have the bipartisan support to pass the bill.”
The freedom to marry: I mentioned a while back that I’d done some advocacy in my personal capacity for the freedom to marry. I have gay family members and friends, so this issue is of importance to me. I was also part of Young Conservatives for the Freedom to Marry and penned a piece in The Hill back in February 2013 in which I noted that acceptance of same-sex marriage would diminish the political risk to Republicans who support it. Last week, I joined a letter with more than 400 Republicans, conservatives, and libertarians in supporting the Respect for Marriage Act. The letter ran as a full page this past Wednesday in the Wall Street Journal.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Tightening the Screws on Russia: Smart Sanctions, Economic Statecraft and Next Steps (Banking, Housing, and Urban Affairs; Tuesday at 9:00 am)
Examining the U.S. Department of Agriculture’s Rural Housing Service: Stakeholder Perspectives (Banking, Housing, and Urban Affairs Subcommittee on Housing Transportation, and Community Development; Tuesday at 2:30 pm)
Uncounted Deaths in America’s Prisons and Jails: How the Department of Justice Failed to Implement the Death in Custody Reporting Act (Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations, Tuesday at 2:30 pm)
Oversight of Federal Enforcement of the Antitrust Laws (Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights; Tuesday at 3:00 pm)
Nominations Hearing (Homeland Security and Governmental Affairs, Wednesday at 10:00 am)
Nominations Hearing (Judiciary, Wednesday at 10:00 am)
VA’s Electronic Health Record Modernization: An Update on Rollout, Cost, and Schedule (Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies; Wednesday at 10:00 am)
Business Meeting and Putting the Bipartisan Infrastructure Law to Work: The State and Local Perspectives (Environment and Public Works, Wednesday at 10:00 am)
Women Leaders Countering Authoritarianism (Foreign Relations, Wednesday at 2:15 pm)
Protecting American Innovation: Industry, Academia, and the National Counterintelligence and Security Center (Intelligence, Wednesday at 2:30 pm)
Oversight of SBA’s State Trade Expansion Program (Small Business and Entrepreneurship, Wednesday at 2:30 pm)
Ensuring Veterans’ Timely Access to Care in VA and the Community (Veterans’ Affairs, Wednesday at 3:00 pm)
Status of Military Recruiting and Retention Efforts Across the Department of Defense (Armed Services, Wednesday at 3:30 pm)
Executive Session (Health, Education, Labor, and Pensions; Wednesday at TBD)
Executive Business Meeting (Judiciary, Thursday at 9:00 am)
Stopping Senior Scams: Empowering Communities to Fight Fraud (Aging, Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
October recess is coming: As of now, the House is scheduled to be in a district work period from Monday, October 3 through Friday, November 11. The Senate is scheduled for a state work period Monday, October 3 through Monday, October 10, and Monday, October 24 through Tuesday, November 8. Legislative days are planned in the Senate between Tuesday, October 11, and Friday, October 21. That’s subject to change.
Due Process Institute is a bipartisan nonprofit that works to honor, preserve, and restore principles of fairness in the criminal legal system. Follow us on Twitter and Facebook.