Report on Compassionate Release, Nominees in the Senate, More Russia Sanctions Coming 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.
Happy Pi Pye Day: It’s March 14, otherwise known as “Pi Day.” Or, as I like to call it, Pye Day. (Humor me. My birthday is on Christmas, so this is the closest thing I get to my own day, folks.) I do miss the days of having a slice of cherry pie with my friend and former Federal Election Commission Chairman Ajit Pai.
Sentencing Commission report on compassionate release: The U.S. Sentencing Commission has released a report on compassionate release. This issue has come into focus since the beginning of the pandemic and focuses on that to a large degree in the report. From the Sentencing Commission’s press release on the report, “[I]n fiscal year 2020, courts decided 7,014 compassionate release motions, granting compassionate release to one-quarter (25.7%) of those offenders. The number of offenders granted relief increased more than twelvefold compared to 2019—the year immediately following passage of the First Step Act. Courts cited health risks associated with COVID-19 as at least one reason for relief in 71.5% of grants.” Check out the one-pager here. Again, the full report is available here.
SCOTUS takes another shot at ACCA: The Armed Career Criminal Act (ACCA) has faced hurdles at the Supreme Court, most notably on the “residual clause” in 18 U.S.C. § 924(e)(2)(B), which was struck down as unconstitutionally vague in Johnson v. United States (2015). ACCA is a sentencing enhancement for individuals who have three or more prior convictions for violent felonies and/or serious drug offenses. The sentencing enchancement carries a minimum penalty of 15 years. Prior to Johnson, Justice Antonin Scalia, wrote the majority opinion in that particular case, called the vagueness of the statute a “farce playing in federal courts throughout the Nation.” ACCA took another beating at the Court last week in Wooden v. United States (2022). This case involves 18 U.S.C. § 924(e)(1), which designates the number offenses to trigger the sentencing enhancement. The defendant in the case broken into ten store units in a single evening but was designated to be a career criminal under 924(e)(1). In a unanimous judgment, the Court held, “The question presented is whether Wooden’s prior convictions were for offenses occurring on different occasions, as the lower courts held, because the burglary of each unit happened at a distinct point in time, rather than simultaneously. The answer is no. Convictions arising from a single criminal episode, in the way Wooden’s did, can count only once under ACCA.”
And we’re back to nominees in the Senate: After a couple of weeks of mostly legislating, the Senate returns today at 3:00 pm to resume consideration of the nomination of Shalanda D. Young to serve as Director of the White House Office of Management and Budget (OMB). A roll call vote on the cloture motion for Young is expected around 5:30 pm. The nomination of Susan Tsui Grundmann to serve as a Member of the Federal Labor Relations Authority is also expected to be considered early in the week.
Well, the Senate didn’t need the CR: On Thursday, the Senate concurred in the House amendment to the Senate amendment to H.R. 2471 (Consolidated Appropriations Act for FY 2022) by a vote of 68 to 31. The continuing resolution (CR) that Congress also passed last week wasn’t needed. The federal government is funded through September 30, 2022. The next appropriations cycle is around the corner, though. According to Budget Act (2 U.S.C. § 631), the Senate Budget Committee is supposed to complete action on a budget resolution by April 1. Congress is supposed to finish the budget process by April 15. Appropriations committees may begin considering appropriations bills on May 15. The entire appropriations process is supposed to be finished by June 30. Despite the timetable in the Budget Act, Congress hasn’t completed the appropriations process on time since FY 1997 and only four times since FY 1977. Considering that it’s an election year, don’t expect anything to be any different for FY 2023. It would be a shocker if there was a deal on appropriations by the end of the current fiscal year. We’re probably looking at a CR that carries Congress into the lame duck.
¯\_(ツ)_/¯: Look, it’s really hard to say if Senate Democrats are going to pass something under budget reconciliation. Who knows. If they did pass something, it could improve their electoral outlook in the fall. It does seem as though they’re trying to focus on a key issue (prescription drug prices) heading into the spring that was, or is, the centerpiece of their domestic agenda. In a letter to the Senate Democratic Caucus, Senate Majority Leader Chuck Schumer (D-NY) offered a preview of the next several weeks. “This month and in April, many Senate committees will hold new hearings and mark-ups on Democrats’ cost-cutting proposals. The Senate Finance Committee will kick this off next week with a new hearing on lowering the cost of prescription drugs, one of the most important issues to the American people,” Schumer wrote. “Other hearings on our proposals to lowering costs will follow.” He also mentioned bipartisan issues as well: “And we will continue the conversations with our Republican colleagues on a number of bipartisan legislative efforts. Following President Biden’s call in his State of the Union address, negotiations are underway with Senate Republicans on legislation to lower the cost of insulin, curb rising meat prices due to industry manipulation, and reform unfair ocean shipping practices.”
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Field Hearing: Addressing the Evolving Threat of Illegal Drug Trafficking to Our Communities (Homeland Security and Governmental Affairs Subcommittee on Subcommittee on Emerging Threats and Spending Oversight, Monday at 9:30 am)
Legislative hearing on the PREVENT Pandemics Act, S. 3799 (Health, Education, Labor, and Pensions; Tuesday at 10:00 am)
The Promise and Challenge of Strategic Trade Engagement in the Indo-Pacific Region (Finance, Tuesday at 10:00 am)
Correcting the Public Record: Reforming Federal and Presidential Records Management (Homeland Security and Governmental Affairs, Tuesday at 10:00 am)
Removing Barriers to Legal Migration to Strengthen our Communities and Economy (Judiciary, Tuesday at 2:00 pm)
Advancing Public Transportation under the Bipartisan Infrastructure Law (Banking, Housing, and Urban Affairs; Tuesday at 2:30 pm)
Prescription Drug Price Inflation: An Urgent Need to Lower Drug Prices in Medicare (Finance, Wednesday at 10:00 am)
Business Meeting (Homeland Security and Governmental Affairs, Wednesday at 10:00 am)
Violent Extremism and Terrorism: Examining the Threat to Houses of Worship and Public Spaces (Homeland Security and Governmental Affairs, Wednesday at 10:05 am)
Small Business Franchising: An Overview of the Industry, SBA’s Role, and Legislative Proposals (Small Business, Wednesday at 2:30 pm)
To receive testimony on the health effects of exposure to airborne hazards, including toxic fumes from burn pits (Armed Services Subcommittee on Personnel, Wednesday at 3:00 pm)
Unbanked and Credit Invisible: Building Financial Inclusion for America’s Underserved Populations (Aging, Thursday at 9:30 am)
Examining Charitable Giving and Trends in the Nonprofit Sector (Finance, Thursday at 10:00 am)
Understanding the Role of Digital Assets in Illicit Finance (Banking, Housing, and Urban Affairs; Thursday at 10:00 am)
Nomination Hearing (Energy and Natural Resources, Thursday at 10:00 am)
Pandemic Response and Accountability: Reducing Fraud and Expanding Access to COVID-19 Relief through Effective Oversight (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.
Schedule and suspensions in the House: The House returns Tuesday 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, with last votes expected at 3:00 pm. There are ten bills (listed below) on the suspension calendar for the week. These bills will be on the floor Tuesday and possibly Wednesday.
To provide for the boundary of the Palo Alto Battlefield National Historic Park to be adjusted, to authorize the donation of land to the United States for addition to that historic park, and for other purposes, H.R.268 (Natural Resources Committee)
Northern Mariana Islands Residents Relief Act, H.R. 560 (Natural Resources Committee)
Ka‘ena Point National Heritage Area Act, H.R. 1908 (Natural Resources Committee)
Japanese American Confinement Education Act, H.R. 1931 (Natural Resources Committee)
To direct the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating areas within the island of Guam as a National Heritage Area, and for other purposes, H.R. 2899 (Natural Resources Committee)
Modernizing Access to Our Public Land Act, H.R. 3113 (Natural Resources Committee)
Save the Liberty Theatre Act, H.R. 3197 (Natural Resources Committee)
To designate the El Paso Community Healing Garden National Memorial, and for other purposes, H.R. 4380 (Natural Resources Committee)
Upper Colorado and San Juan River Basins Recovery Act, H.R. 5001 (Natural Resources Committee)
Japanese American WWII History Network Act, H.R. 6434 (Natural Resources Committee)
The cost estimates for suspensions are available here. (I’m going to try to begin adding these wherever possible.)
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 Tuesday at 2:00 pm to markup the rule for the Forced Arbitration Injustice Repeal (FAIR) Act, H.R. 963, and the Creating a Respectful and Open World for Natural Hair (CROWN) Act, H.R. 2116 (cost estimate). The House will also consider the COVID Supplemental Appropriations Act, H.R. 7007. This is the additional COVID-19 funding that was taken out of the omnibus last week. The rule governing consideration of the $15 billion COVID Supplemental Appropriations Act is H.Res. 973. Additional legislation, including further sanctions against Russia, is possible. The additional move against Russia is likely the revocation of normal trade relations. Republicans on the House Ways and Means Committee have introduced the Suspending Normal Trade Relations with Russia and Belarus Act, H.R. 7014, but it’s unclear if this will be the bill that moves or if Chairman Richard Neal (D-MA) will introduce his own legislation.
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.
Markup of Various Legislative Measures (Judiciary, Wednesday at 10:00 am)
Improving Family Outcomes through Home Visiting (Ways and Means Subcommittee on Worker and Family Support, Wednesday at 10:00 am)
Bioenergy Research and Development for the Fuels and Chemicals of Tomorrow (Science, Space, and Technology Subcommittee on Energy; Wednesday at 10:00 am)
Big Ideas for Small Businesses: Fostering American Entrepreneurship Through Starting, Sustaining and Growing Small Businesses (Economic Disparity and Fairness in Growth, Wednesday at 10:00 am)
A 2022 Review of the Farm Bill: The Role of USDA Programs in Addressing Climate Change (Agriculture, Wednesday at 10:00 am)
An Empirical Review of the Paycheck Protection Program (Small Business Subcommittee on Oversight, Investigations, and Regulations; Wednesday at 10:00 am)
Fighting Fire with Fire: Evaluating the Role of Forest Management in Reducing Catastrophic Wildfires (Oversight and Reform Subcommittee on Environment, Wednesday at 10:00 am)
5G and Beyond: Exploring the Next Wireless Frontier (Energy and Commerce Subcommittee on Communications and Technology, Wednesday at 10:30 am)
Ensuring Women Can Thrive in a Post-Pandemic Economy (Budget, Wednesday at 11:00 am)
Examining Stock Trading Reforms for Congress (House Administration, Wednesday at 2:00 pm)
11 Years of War: The Humanitarian Impact of the Ongoing Conflict in Syria (Foreign Affairs Subcommittee on Middle East, North Africa, and Global Counterterrorism; Wednesday at 3:00 pm)
HBCUs at Risk: Examining Federal Support for Historically Black Colleges and Universities (Oversight and Reform, Thursday at 9:00 am)
Member Day Hearing on Proxy Voting and Remote Committee Proceedings as Established by H. Res. 965 of the 116th Congress (Rules, Thursday at 9:00 am)
Workplace Protections for Federal Judiciary Employees: Flaws in the Current System and the Need for Statutory Change (Judiciary Subcommittee on Courts, Intellectual Property, and the Internet; Thursday at 10:00 am)
The Targeting of Black Institutions: From Church Violence to University Bomb Threats (Homeland Security, Thursday at 10:00 am)
Setting the Standards: Strengthening U.S. Leadership in Technical Standards (Science, Space, and Technology Subcommittee on Research and Technology; Thursday at 10:00 am)
The Future of Medicine: Legislation to Encourage Innovation and Improve Oversight (Energy and Commerce Subcommittee on Health, Thursday at 10:30 am)
Building a Better VA: Addressing Healthcare Workforce Recruitment and Retention Challenges (Veterans’ Affairs, Thursday at 2:00 pm)
Voting in America: Ensuring Free and Fair Access to the Ballot in Texas (House Administration Subcommittee on Elections, Thursday at 3:00 pm)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Inflation is still rising: The Consumer Price Index for All Urban Consumers (the measure of inflation) increased by 0.8 percent in February and 7.9 percent in the past 12 months, which, as it has been, is the highest rate in 40 years. While it’s true that the sanctions against Russia are reflected in the February figure, the impact is somewhere around negligible considering that war and sanctions didn’t begin until late February. Oil sanctions didn’t hit until last week. Obviously, the impact of rising oil and gas prices will contribute significantly to inflation in March. This element of the sanctions is frustrating, of course, because the big jump in gas prices is hitting all of us, but the typical finger-pointing in Congress is happening, with Republicans blaming President Biden while also calling for energy independence from foreign oil. That latter point is understandable, but even if the administration allowed for more oil exploration in the United States, it would take some time for consumers to see those benefits at the pump. That said, the administration has done some things that Republicans see as hurting the effort to boost domestic exploration and, by extension, production of oil. Separately, the Federal Reserve is likely to raise interest rates this week (some would say, “about time”) to combat inflation. That, by the way, means borrowing costs will rise, as will the cost of servicing the interest on the public (national) debt.
Deficit watch: The budget deficit through the first five months of FY 2022 was $475 billion. Revenues were up 26 percent between October and February compared to the same point in FY 2021 while outlays were down by 8 percent. Outlays falling is largely due to the decline of COVID-19-related spending (including unemployment benefits).
Capitol reopening: After two years of being largely closed to the public, the U.S. Capitol Building is likely to reopen soon. Reportedly, a plan for reopening will be rolled out in the next couple of weeks. It’s another sign of life returning to normal for those of us to live and work in the DC area. We’ll make sure to include the details of the reopening when they’re available.
Plane mask mandate extended: The Transportation Security Administration either is expected to extend or already has extended the mask mandate for commercial airlines and public transportation for another 30 days.
Thrice is coming to town: Although their new record is a disappointment, Thrice will come through Washington, DC on June 9 at the Fillmore in Silver Spring. (Given its close proximity to DC, Silver Spring is considered the “DC date” for bands who come to the area and don’t actually play in DC proper like at the 9:30 Club or Black Cat.) Bayside is the opener. Here’s a fun fact. My old band opened for Bayside back in May 2003. (We were the local act.) Anyway, tickets for the show are available here.
Happy anniversary to me: I forgot to mention this at the beginning of the month, but my one-year anniversary at Due Process Institute was March 1. Thanks to Shana for bringing me on board to work on issues that I care about so much. Here’s to many more years of working at DPI.
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.