Marijuana Legislation in the House, Senate Sets Up "China Bill" for Conference, EQUAL Act Update
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.
EQUAL Act gains more cosponsors: The EQUAL Act, S. 79, has gained more cosponsors in the past few weeks. Since we last mentioned the EQUAL Act in Point of Order on March 15, Sens. Chris Coons (D-DE), Jerry Moran (R-KS), Chuck Schumer (D-NY), Richard Burr (R-NC), and Joe Manchin (D-WV) have cosponsored the bill. This brings the total number of cosponsors to 19. Ten of those cosponsors are Republicans. Assuming every Democrat votes for the cloture motions, the ten Republicans are enough to break through any legislative stalemate, assuming every cosponsor votes to advance the bill.
House schedule and suspensions: 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 Friday. Last votes for the week are expected at 3:00 pm. There are 16 bills (listed below) on the suspension calendar for the week.
Better Cybercrime Metrics Act, S. 2629 (Judiciary Committee)
Homicide Victims’ Families’ Rights Act, H.R. 3359 (Judiciary Committee)
Prohibiting Punishment of Acquitted Conduct Act, H.R. 1621 (Judiciary Committee)
COVID-19 America History Project Act, H.R. 4738 (Committee on House Administration)
A bill to obtain and direct the placement in the Capitol or on the Capitol Grounds of a statue to honor Associate Justice of the Supreme Court of the United States Sandra Day O'Connor and a statue to honor Associate Justice of the Supreme Court of the United States Ruth Bader Ginsburg, S. 3294 (House Administration Committee)
Don Young Coast Guard Authorization Act,l H.R. 6865 (Transportation and Infrastructure Committee)
Securing a Strong Retirement Act, H.R. 2954 (Ways and Means Committee)
Stop Sexual Assault and Harassment in Transportation Act, H.R. 5706 (Transportation and Infrastructure Committee)
William T. Coleman, Jr. and Norman Y. Mineta Department of Transportation Headquarters Act, S. 400 (Transportation and Infrastructure Committee)
Safeguarding Tomorrow through Ongoing Risk Mitigation Technical Corrections Act, H.R. 5673 (Transportation and Infrastructure Committee)
FEMA Caseworker Accountability Act, H.R. 5343 (Transportation and Infrastructure Committee)
CEDS Act, H.R. 5547 (Transportation and Infrastructure Committee)
A bill to designate the United States Courthouse and Federal Building located at 111 North Adams Street in Tallahassee, Florida, as the "Joseph Woodrow Hatchett United States Courthouse and Federal Building", and for other purposes, S. 2938 (Transportation and Infrastructure Committee)
To designate the United States courthouse located at 1501 North 6th Street in Harrisburg, Pennsylvania, as the "Sylvia H. Rambo United States Courthouse" and for other purposes, S. 1226 (Transportation and Infrastructure Committee)
Donna M. Doss Memorial Act. S. 233 (Transportation and Infrastructure Committee)
To designate the Federal Office Building located at 308 W. 21st Street in Cheyenne, Wyoming, as the "Louisa Swain Federal Office Building", and for other purposes, S. 2126 (Transportation and Infrastructure Committee)
Rule bill: The House Rules Committee will meet on Wednesday at 1:00 pm to markup the rule for the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, H.R. 3617. The MORE Act removes marijuana from the list of controlled substances and eliminates criminal penalties associated with possession and trafficking. Although this is a policy position that has bipartisan support, Republicans who may otherwise vote for the MORE Act have expressed concern over the trust fund created by the bill, as well as the excise tax that’s included. The House may also vote to disagree with the Senate on the America COMPETES Act, H.R. 4521, and move to go to conference, but that may not come back through the House until next week. Additional legislative items are possible.
Prohibiting Punishment of Acquitted Conduct Act is on the floor: The House is expected to consider the Prohibiting Punishment of Acquitted Conduct Act, H.R. 1621, during the vote series tonight. The House Judiciary Committee marked up by voice vote back in November. the Prohibiting Punishment of Acquitted Conduct Act would prohibit judges from using conduct for which an individual has been acquitted to increase a sentence. This practice has been criticized across the ideological spectrum, including by Justice Antonin Scalia and Ruth Bader Ginsburg. You can read more about the issue here.
Vela to resign: Rep. Filemon Vela (D-TX) is expected to resign in the coming weeks to take a job with Akin Gump, a prominent lobbying firm. Vela, who will be prohibited from lobbying for one year after leaving office, had already announced his retirement.
Fortenberry also resigning: Rep. Jeff Fortenberry, who (R-NE) was convicted of three felonies last week related to illegal campaign contributions, has announced his resignation. Fortenberry does plan on appealing the convictions, but he was facing pressure from House leaders. When asked by reporters, House Minority Leader Kevin McCarthy (R-CA) has suggested that Fortenberry should resign. Fortenberry’s resignation will most likely be submitted today.
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.
Business Meeting on a Report Recommending that the House of Representatives Cite Peter Navarro and Daniel Scavino, Jr., for Criminal Contempt of Congress (January 6th Attack on the United States Capitol, Monday at 7:30 pm)
Examining Pathways to Universal Health Coverage (Oversight and Reform, Tuesday at 9:00 am)
The President’s Fiscal Year 2023 Budget (Budget, Tuesday at 10:00 am)
Devalued, Denied, and Disrespected: How Home Appraisal Bias and Discrimination Are Hurting Homeowners and Communities of Color (Financial Services, Tuesday at 10:00 am)
Oversight of the Federal Bureau of Investigation, Cyber Division (Judiciary, Tuesday at 10:00 am)
Catalyzing Economic Growth through SBA Community-Based Lending (Small Business Subcommittee on Economic Growth, Tax, and Capital Access; Tuesday at 10:00 am)
Trusting the Tap: Upgrading America’s Drinking Water Infrastructure (Energy and Commerce Subcommittee on Environment and Climate Change, Tuesday at 10:30 am
Fiscal Year 2023 Budget Request for the United States Capitol Police (Appropriations Subcommittee on the Legislative Branch, Wednesday at 10:00 am)
Moving Beyond the Coronavirus Crisis: The Biden Administration’s Progress in Combating the Pandemic and Plan for the Next Phase (Coronavirus Crisis, Wednesday at 10:00 am)
Artificial Intelligence Task Force: Keeping Up with the Codes – Using AI for Effective RegTech (Financial Services, Wednesday at 10:00 am)
Mobilizing our Cyber Defenses: Securing Critical Infrastructure Against Russian Cyber Threats (Homeland Security, Wednesday at 10:00 am)
FDA User Fee Reauthorization: Ensuring Safe and Effective Medical Devices (Energy and Commerce Subcommittee on Health, Wednesday at 10:00 am)
Preventing Pandemics through US Wildlife-borne Disease Surveillance Natural Resources Subcommittee on Oversight and Investigations, Wednesday at 10:00 am)
Oversight of America's Stock Exchanges: Examining Their Role in Our Economy (Financial Services Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets; Wednesday at 2:00 pm)
Follow the Money: Tackling Improper Payments (Oversight and Reform Subcommittee on Government Operations, Thursday at 9:30 am)
Examining Civil Rights Litigation Reform, Part 1: Qualified Immunity (Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties; Thursday at 10:00 am)
Connecting America: Oversight of the FCC (Energy and Commerce Subcommittee on Communications and Technology, Thursday at 10:30 am)
The Climate Benefits of Investing in Healthy Ecosystems (Climate Crisis, Friday at 9:30 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
The “China bill” is still on the floor in the Senate: The Senate returns today at 3:00 pm to resume consideration of the America COMPETES Act, H.R. 4521. Around 5:30 pm, the Senate is expected to vote on the cloture motion for the substitute amendment, S.Amdt. 5002, which reflects the text of the United States Innovation and Competition Act (USICA), S. 1260. The USICA passed the Senate in June. As mentioned last week, this is a step toward setting up a conference committee with the House to negotiate a final product between the two bills.
More nominees: Before adjournment last week, Senate Majority Leader Chuck Schumer (D-NY) filed cloture on the nominations of Nani A. Coloretti to serve as the Deputy Director of the Office of Management and Budget and C.S. Eliot Kang to serve as Assistant Secretary of International Security and Non-Proliferation at the Department of State. Additional nominees could be considered this week.
Timing for Jackson’s nomination: Well, the confirmation hearings for Judge Ketanji Brown Jackson are over. The Senate Judiciary Committee has scheduled a business meeting on Monday to consider Judge Jackson’s nomination. However, her nomination will be held over for a week and most likely voted out of committee next week. This is standard practice. The Senate is likely to begin consideration of Judge Jackson’s nomination during the week of April 4 and confirm her by April 8. By the way, in case you haven’t heard, Sen. Joe Manchin (D-WV) will vote to confirm.
Quick thoughts on the hearings: It’s no secret that confirmation hearings for Supreme Court nominees have been incredibly contentious over the past several years, particularly since 2017, but hearings for Judge Jackson were worse than I expected. No one should’ve been surprised to see tense moments, but the way in which some Republicans (certainly not all, but some) conducted themselves was embarrassing. Whataboutism isn’t a logical excuse for the behavior. Look, I’m a fan of Justice Neil Gorsuch. Ideologically, there is no other justice on the Court who comes closest to what I believe, but a nominee in his mold literally isn’t in the cards under President Biden. (If Janice Rogers Brown had made it on the Court, with her views on Lochner, she would easily be my go-to.) President Biden is replacing a progressive with another progressive. Obviously, Judge Jackson will make history by becoming the first Black female to serve on the Court, but she isn’t changing the ideological split. It will remain the same. Some senators understood that. Others chose performative politics for purpose of throwing red meat to the base. Kudos to Ranking Member Chuck Grassley (R-IA), Sen. Ben Sasse (R-NE), and Sen. Thom Tillis (R-NC) for the respectful way they treated the nominee. I’m not saying there weren’t others who didn’t treat her respectfully, but those three stood out.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Executive Business Meeting (Judiciary, Monday at 3:00 pm)
Business Meeting (Foreign Relations, Tuesday at 10:00 am)
Rise and Shine: Improving Retirement and Enhancing Savings (Health, Education, Labor, and Pensions; Tuesday at 10:00 am)
Economic Impact of the Growing Burden of Medical Debt (Banking, Housing, and Urban Affairs; Tuesday at 10:00 am)
Behavioral Health Care When Americans Need It: Ensuring Parity and Care Integration (Finance, Wednesday at 10:00 am)
Business Meeting (Homeland Security and Governmental Affairs, Wednesday at 11:00 am)
Oversight of the Smithsonian Institution (Rules and Administration, Wednesday at 11:00 am)
The President's Fiscal Year 2023 Budget Proposal (Budget, Wednesday at 11:00 am)
The Supply Chain Crisis and the Implications for Small Businesses (Small Business and Entrepreneurship, Wednesday at 1:45 pm)
The Assault on Freedom of Expression in Asia (Foreign Relations Subcommittee on East Asia, the Pacific, and International Cybersecurity, Wednesday at 2:00 pm)
China's Role in Latin America and the Caribbean (Foreign Relations Subcommittee on Subcommittee on Western Hemisphere; Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues; Thursday at 10:00 am)
Nominations Hearing (Foreign Relations, Thursday at 10:00 am)
Affordability and Accessibility: Addressing the Housing Needs of America’s Seniors (Banking, Housing, and Urban Affairs; Thursday at 10:00 am)
The President’s 2022 Trade Policy Agenda (Finance, Thursday at 10:00 am)
Nominations Hearing (Homeland Security and Governmental Affairs, Thursday at 10:15 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Biden’s budget: The White House is more than a month late, but we will see President Biden’s priorities today when the White House rolls out the FY 2023 budget proposal. There are committee hearings scheduled in the House and Senate to analyze the budget. Reportedly, the White House is seeking $770 billion for defense and proposing a “minimum tax” on billionaires. The budget will be posted at the Office of Management and Budget tomorrow.
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