Nominees and Domestic Terrorism Prevention in the Senate, Committee Work Week in the House
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.
Compassionate release report and clemency backlog: The U.S. Sentencing Commission released an updated report on compassionate release in FY 2020 and FY 2021. According to the data, only 17.2 percent of individuals who applied were granted compassionate release. Separately, Reps. Ayanna Pressley (D-MA), Mary Gay Scanlon (D-PA), Kelly Armstrong (R-ND), and David Joyce (R-OH) are looking for answers from the Department of Justice on the nearly 17,400 pending clemency requests. There was a really interesting and generally productive hearing about clemency in the House Crime Subcommittee last week as well.
We’ve got nominees in the Senate: The Senate will return tomorrow at 10:00 am to resume consideration of Dara Lindenbaum to serve as a Member of the Federal Election Commission. Roll call votes on the confirmation of Stephanie Dawkins Davis to serve as a judge on the U.S. Court of Appeals for the Sixth Circuit and the cloture motion for the Lindenbaum’s nomination are expected to begin around 2:30 pm. Additionally, cloture motions were filed for the following nominations.
Dara Lindenbaum to serve as a Member of the Federal Election Commission
Evelyn Padin to serve as a judge on the U.S. District Court for the District of New Jersey
Charlotte N. Sweeney to serve as a judge on the U.S. District Court for the District of Colorado
Nina Morrison to serve as a judge on the U.S. District Court for the Eastern District of New York
Sandra L. Thompson to serve as the Director of the Federal Housing Finance Agency
Henry Christopher Frey to serve as an Assistant Administrator of the Environmental Protection Agency
Lisa M. Gomez to serve as an Assistant Secretary, Department of Labor
Chavonda J. Jacobs-Young to serve as Under Secretary of Research, Education, and Economics for the Department of Agriculture
Amy Loyd to serve as Assistant Secretary of Career, Technical, and Adult Education for the Department of Education
Kenneth L. Wainstein to serve as Under Secretary of Intelligence and Analysis for the Department of Homeland Security
Todd M. Harper to serve as a Member of the National Credit Union Administration Board
Samuel R. Bagenstos to serve as the General Counsel of the Department of Health and Human Services
Steven Huie to serve as a judge on the U.S. District Court for the Southern District of California
Shalanda H. Baker to serve as the Director of Minority Economic Impact for the Department of Energy
Don’t hold your breath, but legislating is possible: The Senate is out next week, so it’s unlikely that floor time will be devoted to legislation this week, but legislative items are possible. Majority Leader Chuck Schumer (D-NY) is getting pressure to move COVID-19 relief, but that isn’t happening without a vote on Title 42, a Trump-era anti-immigration policy. There’s also discussion of an amendment to NATO to allow Finland and Sweden to join, which would require Senate approval, but that seems a little further off. Schumer is expected to file cloture on the Domestic Terrorism Prevention Act, H.R. 350, but it’s very unlikely that the Senate has the 60 votes to advance the bill.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Nominations Hearing (Foreign Relations, Tuesday at 2:15 pm)
Legislative Hearing (Veterans’ Affairs, Tuesday at 3:00 pm)
The JCPOA Negotiations and United States’ Policy on Iran Moving Forward (Foreign Relations, Wednesday at 10:00 am)
Nominations Hearing (Judiciary, Wednesday at 10:00 am)
Nominations Hearing (Environment and Public Works, Wednesday at 10:00 am)
Executive Session (Commerce, Science, and Transportation; Wednesday at 10:00 am)
Business Meeting (Homeland Security and Governmental Affairs, Wednesday at 11:00 am)
Supply Chain Resiliency: Alleviating Backlogs and Strengthening Long-Term Security (Finance Subcommittee on International Trade, Customs, and Global Competitiveness; Wednesday at 3:00 pm)
Nominations Hearing (Health, Education, Labor, and Pensions; Wednesday at TBD)
Ninth Summit of The Americas (Foreign Relations Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues; Thursday at 9:00 am)
Executive Business Meeting (Judiciary, Thursday at 9:00 am)
Opportunities and Challenges Facing Farmers, Families, and Rural Communities (Agriculture, Nutrition, and Forestry; Thursday at 10:00 am)
Business Meeting (Foreign Relations, Thursday at 11:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
It’s a committee work week in the House: For the first time in a while, the House will have a committee work week. There will be pro forma days this week, but no legislative action is expected until Tuesday, June 7. Below are some House committee hearings that may be of interest. The full House committee schedule for the week can be found here.
Examining DHS’ Efforts to Improve Processing for International Visitors (Homeland Security, Tuesday at 9:00 am)
Strengthening our Communications Networks: Legislation to Connect and Protect (Energy and Commerce Subcommittee on Communications and Technology, Tuesday at 11:00 am)
Diversity Includes Disability: Exploring Inequities in Financial Services for Persons with Disabilities, Including Those Newly Disabled Due to Long-Term COVID (Financial Services Subcommittee on Diversity and Inclusion, Tuesday at 12:00 pm)
Climate Smart from Farm to Fork: Building an Affordable and Resilient Food Supply Chain (Climate Crisis, Tuesday at 12:00 pm)
Voting in America: Access to the Ballot in Florida (House Administration Subcommittee on Elections, Wednesday at 10:00 am)
Technology Modernization Fund: Rewriting our IT Legacy (Oversight and Reform Subcommittee on Government Operations (Wednesday at 10:00 am)
Tackling Teacher Shortages (Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies; Wednesday at 10:00 am)
Formula Safety and Supply: Protecting the Health of America's Babies (Energy and Commerce Subcommittee on Oversight and Investigations, Wednesday at 11:00 am)
Supporting Careers in Conservation: Workforce Training, Education, and Job Opportunities (Agriculture Subcommittee on Conservation and Forestry, Wednesday at 1:00 pm)
The Congressional Budget Office’s Budget and Economic Outlook (Budget, Thursday at 11:00 am)
Legislative Hearing to Protect Consumers and Strengthen the Economy (Energy and Commerce Subcommittee on Consumer Protection and Commerce, Thursday at 12:00 pm)
Examining the Policies and Priorities of the U.S. Department of Education (Education and Labor, Thursday at 12:00 pm)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Drama brewing in the House Republican Conference: Those who have been reading this newsletter for a while know that the vast majority of legislating that happens in the House is done under the suspension of the rules. Bills that pass on suspension are usually noncontroversial and have bipartisan support. That’s not to say that they’re always good bills. Occasionally, there can be bad bills in the mix. In normal times, many, if not most, of these bills would pass by voice vote. In recent years, though, some conservatives have demanded roll call votes on suspensions as a way to slow down the work in the chamber. This has caused some tension inside the House Republican Conference, and it’s beginning to spill over into the media. If Republicans do take the House in the midterms, one has to wonder how long the honeymoon will last.
In defense of Rep. Loudermilk: I’ve known Rep. Barry Loudermilk (R-GA) since probably 2004 or 2005. I’ve had some disagreements with him over the years, but he has always been a good man and a thoughtful legislator. The notion that he led some sort of “reconnaissance tour” around the Capitol complex the day before the January 6, 2021 insurrection is just absurd. Loudermilk has offered more details on this, which you can find in this video from his office. Separately, Loudermilk and House Administration Committee Ranking Member Rodney Davis (R-IL) have asked the U.S. Capitol Police to release the tapes showing the tour the former gave to “[a] constituent family with young children.” While I do believe the specific request of Loudermilk woefully misses the mark, the work the Select Committee to Investigate the January 6th Attack on the United States Capitol has done is incredibly important, and I remain supportive of it.
No Point of Order next week: The House and Senate are in recess next week for Memorial Day. We’ll be back the week of June 6.
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