Nominees Begin the Week in the Senate, August Recess Threatened, Capitol Fence Coming Down
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.
In case you missed it: Politico ran a story on July 1 that offers a look at what advocates for justice reform might expect from Congress in the months ahead. As we’ve noted, the Senate Judiciary Committee has marked up three bills—COVID-19 Safer Detention Act, S. 312; Prohibiting Punishment of Acquitted Conduct Act, S. 601; and First Step Implementation Act, S. 1014—and we remain hopeful that the full Senate will vote on those bills in the coming months consider that each of these bills has bipartisan support. It’s crunch time for advocates, though. We need 60 votes to move these bills on the floor and, although there has been bipartisan support for reform in the past, we can’t take anything for granted.
Signs of normalcy: The fencing that has surrounded the Capitol is coming down. The fencing has been in place since just after the terrible events of January 6, during which a violent mob stormed the building and temporarily forced Congress to cease its constitutional duty to count electoral votes. Initially, the perimeter was incredibly large, surrounding the entire complex. The perimeter was scaled back in March, only around the Capitol Building. Protocols for meetings in House or Senate office buildings and tours of the Capitol, though, are still in place.
The Senate begins with the week with nominees: The Senate returns today at 3:00 pm. Before the recess, Majority Leader Chuck Schumer (D-NY) filed cloture on the nominations of Uzra Zeya to serve as the Under Secretary of State for Civilian Security, Democracy, and Human Rights and Julie Su to serve as the Deputy Secretary of the Department of Labor. A roll call vote on the Zeya nomination is expected around 5:30 pm.
What’s up next in the Senate: There are plenty of nominees waiting to be considered by the Senate, but we know that several legislative priorities of the Biden administration and Democrats likely moving soon. In a letter to his caucus, Schumer outlined priorities for the next few weeks. “On the bipartisan infrastructure track, our committees are working tirelessly with the White House and the bipartisan infrastructure group to turn their recent agreement into legislation,” Schumer wrote. “On the second track, the Senate Budget Committee continues their work on a FY 2022 Budget Resolution to enact the remaining elements of the American Jobs and Families Plan—especially provisions on climate change, health care, and the caring economy.” The legislation that represents the bipartisan infrastructure agreement could be on the floor as soon as next week, but whether the votes are there to move that legislation is very much an open question. It certainly seems like the votes aren’t there yet; however, there’s growing support for the agreement outside of Congress. Now, there will be a big fight over an infrastructure deal under budget reconciliation, which can be used to bypass a filibuster. Democrats can’t lose a single senator to move the legislation produced under budget reconciliation if no Republican joins them. With Democrats’ failure to move their comprehensive election legislation, the so-called “For the People Act,” it’s possible that the John Lewis Voting Rights Advancement Act, which doesn’t appear to have been reintroduced yet, could come to the floor soon. In the letter to his caucus, though, 2Schumer left open the possibility of bringing the “For the People Act” back to the floor.
The August recess is in danger: Not only did Schumer offer an ambitious agenda for the work period in the letter to the Democratic Caucus, but he also warned that work could carry over into the August recess. “Please be advised that time is of the essence and we have a lot of work to do,” he wrote. “Senators should be prepared for the possibility of working long nights, weekends, and remaining in Washington into the previously-scheduled August state work period.” Nooooooo!
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
S.J.Res. 10: Repeal of the 1991 and 2002 Authorizations for Use of Military Force as well as Discussion of Recent U.S. Military Strikes in Iraq and Syria (Foreign Relations, Monday at 6:00 pm, Closed Hearing)
Nominations Hearing (Armed Services, Tuesday at 9:30 am)
Nominations Hearing (Health, Education, Labor, and Pensions; Tuesday at 10:00 am)
Nominations Hearing (Foreign Relations, Tuesday at 10:00 am)
Nominations Hearing (Banking, Housing, and Urban Affairs; Tuesday at 10:00 am)
Business Meeting (Small Business and Entrepreneurship, Tuesday at 11:30 am)
A Prescription for Change: Cracking Down on Anticompetitive Conduct in Prescription Drug Markets (Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights; Tuesday at 2:30 pm)
Business Meeting (Homeland Security and Governmental Affairs, Wednesday at 9:15 am)
Nominations Hearing (Judiciary, Wednesday at 10:00 am)
Defending and Investing in U.S. Competitiveness (Finance Subcommittee on Fiscal Responsibility and Economic Growth, Wednesday at 2:00 pm)
Restoring the Voting Rights Act After Brnovich and Shelby County (Judiciary Subcommittee on the Constitution, Wednesday at 2:30 pm)
A Second Gilded Age: How Concentrated Corporate Power Undermines Shared Prosperity (Joint Economic, Wednesday at 2:30 pm)
Executive Business Meeting (Judiciary, Thursday at 9:00 am)
The Semiannual Monetary Policy Report to the Congress (Banking, Housing, and Urban Affairs; Thursday at 9:30 am)
Building Wealth and Fostering Independence: Creating Opportunities to Save (Aging, Thursday at 9:30 am)
Nominations Hearing (Health, Education, Labor, and Pensions; Thursday at 10:00 am)
Nominations Hearing (Homeland Security and Governmental Affairs, Thursday at 10:15 am)
Implementing Supply Chain Resiliency (Commerce, Science, and Transportation; Thursday at 10:30 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
NDAA markup begins next week: Senate Armed Services subcommittees will begin marking up the National Defense Authorization Act (NDAA) during the week of July 19. The full committee will mark up the legislation in closed session on July 21 and July 22. The timing of floor consideration for the annual authorization bill isn’t clear. The Congressional Research Service offers a good primer on NDAA here.
Committee work week in the House: There won’t be any floor activity this week in the House, but committees and subcommittees will meet. Below are some House committee hearings that may be of interest. The full House committee schedule for the week can be found here.
The Importance of a Diverse Federal Judiciary, Part 2: The Selection and Confirmation Process (Judiciary Subcommittee on Courts, Intellectual Property, and the Internet; Monday at 10:00 am)
Markup of Fiscal Year 2022 Labor, Health and Human Services, Education, and Related Agencies Subcommittee Appropriations Bill (Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies; Monday at 11:00 am)
Examining the SNAP Benefit Cliff (Agriculture Subcommittee on Nutrition, Oversight, and Department Operations; Monday at 12:00 pm)
The Elections Clause: Constitutional Interpretation and Congressional Exercise (House Administration, Monday at 1:00 pm)
Markup of FY 2022 Energy and Water Development, and Related Agencies Subcommittee Bill (Appropriations Subcommittee on Energy and Water Development, and Related Agencies; Monday at 1:00 pm)
Markup of Fiscal Year 2022 Commerce, Justice, Science, and Related Agencies Appropriations Bill (Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies; Monday at 3:00 pm)
Markup of Fiscal Year 2022 Transportation, Housing and Urban Development and Related Agencies Subcommittee Appropriations Bill (Appropriations Subcommittee on Transportation, Housing and Urban Development and Related Agencies; Monday at 5:00 pm)
Markup of FY2022 Homeland and Defense Subcommittee Appropriations Bills (Appropriations, Tuesday at 10:00 am)
Rural American Recovery: The Role of Small Businesses and Entrepreneurship (Small Business Subcommittee on Underserved, Agricultural, and Rural Business Development; Tuesday at 1:00 pm)
Keeping Us Safe and Secure: Oversight of the Nuclear Regulatory Commission (Energy and Commerce Subcommittees on Energy and Environment and Climate Change, Wednesday at 11:30 am)
Principles for Outbreak Investigation: COVID-19 and Future Infectious Diseases (Science, Space, and Technology Subcommittee on Investigations and Oversight, Wednesday at 12:00 pm)
Innovation as a Catalyst for New Jobs: SBA’s Innovation Initiatives (Small Business Subcommittee on Economic Growth, Tax, and Capital Access; Wednesday at 1:00 pm)
Securing the Homeland: Reforming DHS to Meet Today's Threats (Homeland Security, Thursday at 12:00 pm)
Are Toxic Chemicals from Tires And Playground Surfaces Killing Endangered Salmon? (Natural Resources Subcommittee on Oversight and Investigations, Thursday at 1:00 pm)
Advancing Environmental Justice Through Climate Action (Climate Crisis, Thursday at. 2:30 pm)
Markup of FY2022 Energy and Water Development, and Related Agencies, and Transportation, Housing and Urban Development, and Related Agencies Appropriations Bills (Appropriations, Friday at 9:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Congressional calendar for the weeks ahead: The House is expected to be in session the weeks of July 19 and July 26. The August recess, at least for now, will begin at adjournment on Friday, July 30. Although committee work weeks resume on August 31, the House isn’t currently scheduled to come back for floor activity until Monday, September 20. Schumer’s recent comments about the August recess aside, the Senate is currently scheduled to be in session through August 9 when the recess will begin. The upper chamber, according to the current schedule, will come back on Monday, September 13.
Deficit watch: According to the Congressional Budget Office, the budget deficit for FY 2021 through June is $2.237 trillion. The most recent publication on projections, An Update to the Budget and Economic Outlook: 2021 to 2031, shows that the projected budget deficit for FY 2021 is $3.003 trillion, or 13.4 percent of gross domestic product.
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