SCOTUS Confirmation Hearings, Senate Moves on "China Bill," House in Recess
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.
More legislating in the Senate: The Senate returns on Monday at 3:00 pm to resume consideration of the America COMPETES Act, H.R. 4521. Senate Majority Leader Chuck Schumer (D-NY) filed cloture on the America COMPETES Act on Thursday. A vote on the cloture motion on the motion to proceed will begin around 5:30 pm. This is a 60-vote threshold. The America COMPETES Act is the House version of the so-called “China bill.” The Senate passed its own version—the United States Innovation and Competition Act, S. 1260—back in June. Each version spends billions—the Congressional Budget Office cost estimate for the House bill is here and the Senate here—on, among other things, research and development for semiconductor, microchips, and wireless supply chain innovation. The Senate is essentially working toward setting up a conference committee with the House. The Senate will amend the America COMPETES Act with the United States Innovation and Competition Act and send it back to the House. The House will disagree with the Senate and the two chambers will move to go into conference.
Legislation aimed at Russia-Belarus faces a hurdle: Last week, the House passed the Suspending Normal Trade Relations with Russia and Belarus Act, H.R. 7108, by a vote of 424 to 8. The bill does, well, exactly what the short title suggests—the United States would suspend normal trade relations with Russia and Belarus. As you know, Russia has invaded Ukraine without any provocation. Belarus has assisted Russia. It’s possible, if not likely, that the Senate will take up the Suspending Normal Trade Relations with Russia and Belarus Act this week, but there could be changes. Senate Finance Committee Chairman Mike Crapo (R-ID) is leading an effort to amend the legislation to codify the ban on Russian oil. Earlier this month, the House also passed the Suspending Energy Imports from Russia Act, H.R. 6968, which would prohibit the importation of oil from Russia, by a vote of 414 to 17. Now, the Biden administration has already banned oil imports from Russia, at which point the House bill could be considered moot. Crapo has introduced legislation, S. 3786, with Senate Finance Committee Chairman Ron Wyden (D-OR) that essentially combines the two bills. Wyden is supportive of the House-passed bill even though it doesn’t have the ban on Russian oil. Still, Crapo and other Republicans could slow down consideration of the Suspending Normal Trade Relations with Russia and Belarus Act without an amendment to include the ban.
Four days of SCOTUS confirmation hearings: The Senate Judiciary Committee will begin confirmation hearings for Judge Ketanji Brown Jackson to the U.S. Supreme Court today at 11:00 am. Today’s hearing is the formal introduction of Judge Jackson to the committee. Judge Jackson will testify on Tuesday, Wednesday, and possibly Thursday. Sen. Josh Hawley (R-MO), who serves on the committee, is expected to question Judge Jackson over, using his words here, “a pattern of letting child porn offenders off the hook for their appalling crimes.” The accusation is eyebrow-raising, but it misses a ton of context, as Douglas Berman has explained. Judge Jackson’s service on the U.S. Sentencing Commission, which overlaps the retroactivity of the Fair Sentencing Act Guidelines amendment and All Drugs Minus Two Guidelines amendment, is also expected to come up during questioning. With three potential Republicans on the committee who have their sights set on higher offices and at least a couple of other Republicans who are in cycle, expect a lot of theatrics. Still, it’s highly likely that Judge Jackson will win confirmation.
Senate likely to move on Fed nominees soon: With Sarah Bloom Raskin, the wife of Rep. Jamie Raskin (D-MD), withdrawing her nomination to the Federal Reserve Board of Governors after Sen. Joe Manchin (D-WV) announced his opposition over Raskin’s views on energy, the remaining nominees appear headed for floor votes soon. The remaining nominees are Federal Reserve Chairman Jerome Powell, who has been renominated for another term, and Lael Brainard, Lisa DeNell Cook, and Philip Jefferson, each of whom has been nominated to serve on the Federal Reserve Board of Governors.
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 (Armed Services, Tuesday at 9:30 am)
Child Care and Preschool: Cutting Costs for Working Families (Health, Education, Labor, and Pensions; Tuesday at 10:00 am)
Rural Quality of Life: Opportunities and Challenges for the Rural Care Economy (Agriculture, Nutrition, and Forestry; Tuesday at 10:00 am)
Executive Session (Commerce, Science, and Transportation; Tuesday at 10:00 am)
Building a Resilient Economy: Shoring Up Supply (Banking, Housing, and Urban Affairs; Tuesday at 10:15 am)
Strengthening Federal Mental Health and Substance Use Disorder Programs: Opportunities, Challenges, and Emerging Issues (Health, Education, Labor, and Pensions; Wednesday at 10:00 am)
Developing Next Generation Technology for Innovation (Commerce, Science, and Transportation; Wednesday at 10:00 am)
Business Meeting (Foreign Relations, Wednesday at 10:00 am)
Promoting American Energy Security by Facilitating Investments and Innovation in Climate Solutions (Environment and Public Works, Wednesday at 10:00 am)
An Economy That Cares: The Importance of Home-Based Services (Aging, Wednesday at 10:00 am)
To receive testimony on strategic competition and security cooperation in the Western Hemisphere (Armed Services Subcommittee on Emerging Threats and Capabilities, Wednesday at 2:30 pm)
Strengthening Oversight and Equity in the Appraisal Process (Banking, Housing, and Urban Affairs; Thursday at 10:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
House district work period: The House is in recess this week. The House Republican Conference will hold its issues conference Wednesday through Friday. The full House committee schedule for the week can be found here. There ain’t much, folks. The House will return on Monday, March 28.
Rest in peace: Rep. Don Young (R-AK) passed away on Friday. Young, who was the Dean of the House, served in Congress since March 1973. He was only the fourth person to represent Alaska in the House since it was admitted to the Union in 1959. Rep. Hal Rogers (R-KY) will succeed Young as Dean of the House, a title that goes to the longest-serving member of the chamber.
Party divisions in the House: There are 222 Democrats and 210 Republicans serving in the House. The three vacancies are in Alaska’s At-Large Congressional District (AK-AL), California’s 22nd Congressional District (CA-22), and Minnesota’s 1st Congressional District (MN-01).
Fortenberry trial: Rep. Jeff Fortenberry (R-NE) is on trial right now for allegedly lying during an investigation into illegal campaign contributions. A conviction doesn’t mean that Fortenberry would have to leave office, though.
Keep waiting on that bill to make daylight saving time permanent: It appears that Speaker Nancy Pelosi (D-CA) and other House leaders, Democrat and Republican alike don’t plan to bring the Sunshine Protection Act, S. 623, to the floor immediately. Americans won’t “fall back” until 2:00 am, Sunday, November 6.
Justice Thomas is in the hospital: Justice Clarence Thomas, perhaps the most conservative justice on the Supreme Court, has been hospitalized for flu-like symptoms. A statement from the Court said that “he expects to be released from the hospital in a day or two.” Thomas is 73 years old.
Zelenskyy on Netflix: Netflix has made Servant of the People available for streaming in the United States. The comedy features Volodymyr Zelenskyy, who plays a high school teacher who is elected as Ukrainian president after ranting about corruption. There were three seasons produced, but only one is available on Netflix.
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