Senate Begins Week on Innovation Bill, Same-Sex Marriage Bill Gains Some GOP Support, Important Economic Indicators Due This Week
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.
Important economic indicators due this week: The Conference Board will release consumer confidence numbers on Tuesday. The Federal Reserve is meeting on Wednesday, and an interest rate hike is expected. On Thursday, the Bureau of Economic Analysis will release its first estimate of real gross domestic product (GDP) in the second quarter. GDP contracted by 1.6 percent in the first quarter. Typically, a recession is two consecutive quarters of GDP contraction. Finally, the Bureau of Economic Analysis will personal consumption expenditures numbers on Friday.
Innovation bill on the Senate’s agenda: The Senate returns at 3:00 pm today to resume consideration of the House message to S. 3373, which is the legislative vehicle for the Honoring Our Pact Act. Action on the innovation bill, or the “chips bill,” is expected this week. The Senate approved the cloture motion on the motion to proceed to the House message to H.R. 4346, the legislative vehicle for the innovation bill, on Tuesday. Senate Minority Leader Chuck Schumer (D-NY) filed the cloture motion to limit debate on Wednesday. The Senate is expected to vote on the cloture motion around 5:30 pm.
Same-sex marriage bill could be in play: There was a pleasant surprise last week when the House passed the Respect for Marriage Act, H.R. 8404, by a bipartisan vote of 267 to 157. The Respect for Marriage Act, which repeals the Defense of Marriage Act of 1996 and protects same-sex marriage, is a response to Justice Clarance Thomas’s concurrence in Dobbs v. Jackson Women’s Health Organization (2022) in which he wrote, “[W]e should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” Each of these decisions deals with a substantive due process right protected by the Fourteenth Amendment–contraception (Griswold), consensual sex between adults of the same sex (Lawrence), and same-sex marriage (Obergefell). Thomas is making an inside baseball argument about substantive due process that most don’t understand, although I have no illusions that he would overturn each of these precedents if given the opportunity. With the strong House vote, it’s possible that the Senate may consider the Respect for Marriage Act. Sens. Susan Collins (R-ME) and Rob Portman (R-OH) are cosponsors of the companion legislation, S. 4556. Sens. Lisa Murkowski (R-AK), Thom Tillis (R-NC), and Ron Johnson (R-WI) very much sound like they’ll vote for the bill. In fact, Tillis believes there will be more than ten Republicans who vote for the Respect for Marriage Act when it comes to the floor. By the way, Senate Majority Leader Chuck Schumer Rule XIV’d the Respect for Marriage Act, paving the way for a cloture motion on the motion to proceed whenever he so chooses. (This isn’t an issue DPI works on, but I have gay family members and friends. I was also part of Young Conservatives for the Freedom to Marry and penned this piece in The Hill back in February 2013 in which I noted that acceptance of same-sex marriage would diminish the political risk to Republicans who support it. I’m hopeful that the Respect for Marriage Act will pass.)
ECA reform deal introduced: Collins, Sen. Joe Manchin (D-WV), and a bipartisan group of more than a dozen senators have released the legislative text of the deal to reform the Electoral Count Act of 1887. The Electoral Count Reform and Presidential Transition Improvement Act, S. 4573, would identify who can send a slate of electors to Congress–a governor or official prescribed by state law–and prohibits Congress from accepting a slate from any other official, clarify the vice president’s role in the electoral vote counting process as ceremonial, and increase the threshold to challenge a slate of electors from one representative and one senator to one-fifth of both the House and the Senate. The presidential transition aspect of the bill is designed to make clear when the president-elect and vice president-elect may receive resources for the transition between administrations. The full text is here. The one-pager for the ECA reform provisions is here. The one-pager for the transition provisions is here. Reps. Liz Cheney (R-WY) and Zoe Lofgren (D-CA), both members of the Select Committee to Investigate the January 6th Attack on the United States Capitol, have released a statement that appears to be approving of the proposal, noting that the committee will release its own legislative recommendations.
There’s more than ECA reform: The bipartisan group has introduced another bill, the Enhanced Election Security and Protection Act, S. 4574, that would increase federal penalties to as much as two years in prison, improve Postal Service handling of mail-in voting, and reauthorize the Election Assistance Commission for five years. The text is here.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Law Enforcement Officer Safety: Protecting Those Who Protect and Serve (Judiciary, Tuesday at 10:00 am)
Fighting Fentanyl: The Federal Response to a Growing Crisis (Health, Education, Labor, and Pensions; Tuesday at 10:00 am)
Fairness in Financial Services: Racism and Discrimination in Banking (Banking, Housing, and Urban Affairs; Tuesday at 10:15 am)
U.S. National Security And Economic Statecraft: Ensuring U.S. Global Leadership For The Twenty-First Century (Foreign Relations, Wednesday at 9:30 am)
Corruption, Abuse, and Misconduct at U.S. Penitentiary Atlanta (Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations, Tuesday at 10:00 am)
Diversity, Equity, Inclusion, and Accessibility in U.S. Diplomacy and Development (Foreign Relations, Tuesday at 10:00 am)
Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms (Judiciary Subcommittee on Criminal Justice and Counterterrorism, Tuesday at 2:30 pm)
Nominations Hearing (Judiciary, Wednesday at 10:00 am)
Executive Session (Commerce, Transportation, and Science; Wednesday at 10:00 am)
Nominations Hearing (Foreign Relations, Wednesday at 11:30 am)
A New Start: Opportunities and Barriers to Entrepreneurship for Returning Citizens and Justice Impacted Individuals (Small Business and Entrepreneurship, Wednesday at 2:30 pm)
Executive Business Meeting (Judiciary, Thursday at 9:00 am)
Nominations Hearing (Armed Services, Thursday at 9:30 am)
Protecting Investors and Savers: Understanding Scams and Risks in Crypto and Securities Markets (Banking, Housing, and Urban Affairs; Thursday at 10:00 am)
Nominations Hearing (Finance, Thursday at 10:15 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Recess begins when the House adjourns on Friday: According to the current schedule, the House will be in recess from Monday, August 1, through Monday, September 5. Committee work days are scheduled between September 6 and September 9. The House is not expected to return for regular legislative business until Tuesday, September 13.
But the House could come back from recess: The House is really beholden to the Senate right now. If the Senate gets the international competitiveness bill and/or budget reconciliation done while the House is in recess, the House would almost certainly come back in August to vote.
House schedule and suspensions: The House returns Tuesday at 2:00 pm for legislative business. First and last votes on today are expected around 6:30 pm. The chamber will be in session through Friday, and the last votes for the week are expected at 3:00 pm that day. There are 29 bills (listed below) on the suspension calendar for the week. We wouldn’t be surprised if the votes on some of these were kicked into the September work period.
Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act, H.R. 6552 (Science, Space, and Technology Committee)
Commercial Remote Sensing Amendment Act, H.R. 6845 (Science, Space, and Technology Committee)
Energy Cybersecurity University Leadership Act, H.R. 7569 (Science, Space, and Technology Committee)
Cost-Share Accountability Act, H.R. 6933 (Science, Space, and Technology Committee)
Federal PFAS Research Evaluation Act, H.R. 7289 (Science, Space, and Technology Committee)
Mathematical and Statistical Modeling Education Act, H.R. 3588 (Science, Space, and Technology Committee)
NOAA Chief Scientist Act, H.R. 3952 (Science, Space, and Technology Committee)
Mathematical and Statistical Modeling Education Act, H.R. 3588 (Science, Space, and Technology Committee)
Brycen Gray and Ben Price COVID-19 Cognitive Research Act, H.R. 7180 (Science, Space, and Technology Committee)
Safe Connections Act, H.R. 7132 (Energy and Commerce Committee)
Spectrum Innovation Act, H.R. 7624 (Energy and Commerce Committee)
ITS Codification Act, H.R. 4990 (Energy and Commerce Committee)
Reese’s Law, H.R. 5313 (Energy and Commerce Committee)
RANSOMWARE Act, H.R. 4551 (Energy and Commerce Committee)
Securing and Enabling Commerce Using Remote and Electronic Notarization Act, H.R. 3962 (Energy and Commerce Committee)
Medical Marijuana and Cannabidiol Research Expansion Act, H.R. 8454 (Energy and Commerce Committee)
Gabriella Miller Kids First Research Act 2.0, H.R. 623 (Energy and Commerce Committee)
Timely Delivery of Bank Secrecy Act Reports Act, H.R. 7734 (Financial Services Committee)
Greatest Generation of Commemorative Coin Act, H.R. 1057 (Financial Services Committee)
To posthumously award the Congressional Gold Medal, collectively, to Glen Doherty, Tyrone Woods, J. Christopher Stevens, and Sean Smith, in recognition of their contributions to the Nation, H.R. 310 (Financial Services Committee)
Expanding Access to Capital for Rural Job Creators Act, H.R. 5128 (Financial Services Committee)
Public and Federally Assisted Housing Fire Safety Act, H.R. 7981 (Financial Services Committee)
CDFI Bond Guarantee Program Improvement Act, H.R. 7733 (Financial Services Committee)
Risk-Based Credit Examination Act, H.R. 4586 (Financial Services Committee)
Housing Temperature Safety Act, H.R. 6528 (Financial Services Committee)
Promoting New and Diverse Depository Institutions Act, H.R. 4590 (Financial Services Committee)
Developing and Empowering our Aspiring Leaders Act, H.R. 4227 (Financial Services Committee)
STREAM Act, H.R. 7283 (Natural Resources Committee)
Wind River Administrative Site Conveyance Act, H.R. 5093 (Natural Resources Committee)
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 met on Friday to markup the rule for the South Asian Heart Health Awareness and Research Act, H.R. 3771; the Wildfire Response and Drought Resiliency Act, H.R. 5118; and the Susan Muffley Act, H.R. 6929. The South Asian Heart Health Awareness and Research Act creates new programs to raise awareness of heart disease in at-risk communities, including the South Asian community. The Wildfire Response and Drought Resiliency Act is a 558-page omnibus of legislation (nearly 50 bills consolidated in this one) out of the House Natural Resources Committee. The Susan Muffley Act would restore full benefits to salaried Delphi Corporation retirees who participated in its pension program. These retirees lost their full benefits after General Motors filed for bankruptcy in 2009. The rule governing the consideration of these bills is here.
And more rule bills: Another meeting of the House Rules Committee will take place Tuesday at 2:00 pm to markup the rule for the Advancing Telehealth Beyond COVID–19 Act, H.R. 4040, and the Big Cat Public Safety Act, H.R. 263. The Advancing Telehealth Beyond COVID–19 Act would make telehealth services made available during the pandemic permanent. The Big Cat Public Safety Act would revise trade requirements related to lions, tigers, and other large cats.
Additional legislation is possible: The innovation bill, if passed by the Senate, may see action in the House. The Assault Weapons Ban Act, H.R. 1808, could also wind up on the floor this week. The bill was recently marked up by the House Judiciary Committee by a vote of 25 to 18. There could be more bills that come to the floor.
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 the Environmental Justice for All Act, H.R. 2021 (Natural Resources, Wednesday at 9:30 am)
Combatting the Threats to U.S. National Security from the Proliferation of Foreign Commercial Spyware (Intelligence, Wednesday at 10:00 am)
Markup of Various Legislative Measures (Judiciary, Wednesday at 10:00 am)
Enhancing Personnel Resources to Support a Stronger, More Resilient Coast Guard (Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation, Wednesday at 10:00 am)
A Growing Threat: Foreign and Domestic Sources of Disinformation (House Administration Subcommittee on Elections, Wednesday at 10:00 am)
Examining the Practices and Profits of Gun Manufacturers (Oversight and Reform, Wednesday at 10:00 am)
Challenges Facing Global Food Security (Foreign Affairs, Wednesday at 10:00 am)
Leveraging the Infrastructure Investment and Jobs Act: The Role of the SBA’s Bond Guarantee Program (Small Business, Wednesday at 10:00 am)
Assessing CBP’s Use of Facial Recognition Technology (Homeland Security Subcommittee on Border Security, Facilitation, and Operations; Wednesday at 2:00 pm)
What's the Big Idea? Innovative Approaches to Fixing Congress (Modernization of Congress, Thursday at 9:00 am)
Building a Modern Economic Foundation: Economic Security and Income Support for 21st Century America (Economic Disparity and Fairness in Growth, Thursday at 10:00 am)
Exploring Cyber Space: Cybersecurity Issues for Civil and Commercial Space Systems (Science, Space, and Technology Subcommittee on Space and Aeronautics; Thursday at 10:00 am)
An Examination of the USDA Hemp Production Program (Agriculture Subcommittee on Biotechnology, Horticulture, and Research; Thursday at 10:00 am)
Oversight of the Department of Justice National Security Division (Judiciary, Thursday at 10:00 am)
Progress Made? – Ending Sexual Harassment at the Department of Veterans Affairs (Veterans’ Affairs Subcommittee on Oversight and Investigations, Thursday at 10:00 am)
Essential but Undervalued: Examining Workplace Protections for Domestic Workers (Education and Labor Subcommittee on Workforce Protections, Thursday at 10:15 am)
The Independent State Legislature Theory and its Potential to Disrupt our Democracy (House Administration, Thursday at 12:00 pm)
Toxic Air: How Leaded Aviation Fuel Is Poisoning America’s Children (Oversight and Reform Subcommittee on Environment, Thursday at 2:00 pm)
If you’re interested in watching any of these hearings online, you can find committee websites here.
And some general criminal justice info: The Biden administration rolled out its Safer America Plan late last week. The plan focuses on investing in law enforcement, crime prevention, and reentry services. The plan also calls for tougher penalties for fentanyl trafficking, which is certain to get criticism from many criminal justice reform advocates, and eliminating the sentencing disparity between crack cocaine and powder cocaine. The Council on Criminal Justice Reform has released a study on the impact of long prison sentences, including detailed data on trends in the length of sentencing, the length of sentences for certain crimes, and racial disparities in sentencing. Finally, Reps. Ayanna Pressley (D-MA) and Hank Johnson (D-GA) and Sen. Brian Schatz (D-WI) led a letter to Treasury Secretary Janet Yellen, Defense Secretary Lloyd Austin, Attorney General Merrick Garland, Homeland Security Secretary Alejandro Mayorkas, and General Services Administrator Robin Carnahan asking them to limit transfers of military equipment to local law enforcement. In May 2022, President Biden issued an executive order that instructs his administration to prohibit the transfers of certain military equipment, including grenade launchers, weaponized drones, firearms and ammunition of .50 caliber or greater. The letter seeks full implementation of the executive order.
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.