Senate Considers Postal Reform, House in Recess, the CIA's Bulk Data Collection Program
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.
Uhhhh, this is concerning: On Thursday, Sens. Ron Wyden (D-OR) and Martin Heinrich (D-NM) revealed a bulk data collection program conducted by the Central Intelligence Agency. There is no statutory authority for this program. The Agency claims authority under Executive Order 12333. “FISA gets all the attention because of the periodic congressional reauthorizations and the release of DOJ, ODNI and FISA Court documents,” Wyden and Heinrich said in a statement. “But what these documents demonstrate is that many of the same concerns that Americans have about their privacy and civil liberties also apply to how the CIA collects and handles information under executive order and outside the FISA law. In particular, these documents reveal serious problems associated with warrantless backdoor searches of Americans, the same issue that has generated bipartisan concern in the FISA context.” Edward Snowden, who disclosed the National Security Agency’s bulk phone metadata collection program in 2013, tweeted, “You are about to witness an enormous political debate in which the spy agencies and their apologists on TV tell you this is normal and OK and the CIA doesn't know how many Americans are in the database or even how they got there anyway. But it is not ok.”
Approps might move soon: The Senate is expected to take up the Further Additional Extending Government Funding Act, H.R. 6617, to fund the federal government through Friday, March 11. The Further Additional Extending Government Funding Act passed the House last week by a vote of 272 to 162. It does look like this will be the last continuing resolution, though. Senate Appropriations Committee Chairman Patrick Leahy (D-VT) and Ranking Member Richard Shelby (R-AL), both of whom are retiring, reached an agreement on topline numbers for defense and nondefense discretionary (or “security” and “nonsecurity” if you prefer) spending. Shelby wanted to boost defense spending and protect Republican-backed appropriations policy riders. With this agreement, it certainly seems like an omnibus appropriations bill is on the way. Considering that this will be the biggest lawmaking opportunity of the year, literally every lobbyist (myself included) is lining up to get their priorities included in the final bill.
One more week of Senate action before a recess week: The Senate returns today at 3:00 pm to resume consideration of the motion to proceed to the Postal Service Reform Act, H.R. 3076. This legislation passed the House last week by a vote of 342 to 92. It’s possible that the Senate stays on the Postal Service Reform Act for a while. The chamber is expected to vote on the cloture motion to the motion to proceed to the Postal Service Reform Act around 5:30 pm. The Senate will join the House in the Presidents’ Day recess next week and will return on Monday, February 28.
Get well soon: As you may have heard, Sen. Ben Ray Luján (D-NM) recently suffered a stroke. While he is expected to make a full recovery, he could be out for as long as six weeks. That said, Luján posted a video yesterday thanking people for well wishes. Obviously, Sen. Majority Leader Chuck Schumer (D-NY) can’t do much for however long Luján is out. Democrats have the majority, but Luján’s absence means that Democrats have only 49 senators available to vote on the floor while Republicans have 50.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Examining the President’s Working Group on Financial Markets Report on Stablecoins (Banking, Housing, and Urban Affairs; Tuesday at 10:00 am)
Supporting Quality Workforce Development Opportunities and Innovation to Address Barriers to Employment (Health, Education, Labor, and Pensions; Tuesday at 10:00 am)
Business Meeting (Small Business, Tuesday at 2:30 pm)
Business Meeting and the Environmental Protection Agency’s Renewable Fuel Standard Program: Challenges and Opportunities (Environment and Public Works, Wednesday at 10:00 am)
Nominations Hearing (Judiciary, Wednesday at 10:00 am)
Western Balkans: Supporting Peace and Prosperity (Foreign Relations Subcommittee on Europe and Regional Security Cooperation, Wednesday at 10:00 am)
Reinvigorating U.S. - Colombia Relations (Foreign Relations, Wednesday at 2:00 pm)
Executive Business Meeting (Judiciary, Thursday at 9:00 am)
The State of the American Economy: A Year of Unprecedented Economic Growth and Future Plans (Banking, Housing, and Urban Affairs; Thursday at 10:00 am)
Spotlighting IRS Customer Service Challenges (Finance, Thursday at 10:00 am)
Addressing the Gaps in America’s Biosecurity Preparedness (Homeland Security and Governmental Affairs, Thursday at 10:15 am)
Warrior Met and Wall Street Greed: What Corporate Raiders are Doing to Workers and Consumers (Budget, Thursday at 11:00 am)
If you’re interested in watching any of these hearings online, you can find committee websites here.
A committee work week in the House: The House is in a committee work week this week and in recess next week. The next legislative day is Monday, February 28. Below are some House committee hearings that may be of interest. The full House committee schedule for the week can be found here.
Virtual Legislative Hearing on H.R. 2021, the Environmental Justice For All Act (Natural Resource, Tuesday at 10:00 am)
The Infrastructure Investment and Jobs Act’s Benefits for Small Businesses (Small Business Subcommittee on Underserved, Agricultural, and Rural Business Development; Tuesday at 11:00 am)
Back from the Brink: Restoring Brownfield Sites to Economic Engines (Energy and Commerce Subcommittee on Environment and Climate Change, Tuesday at 11:30 am)
Review of the Office of the Inspector General Report on “USDA Oversight of Civil Rights Complaints” (Agriculture Subcommittee on Nutrition, Oversight, and Department Operations; Tuesday at 12:00 pm)
Concealed Carry-Ons: Confronting the Surge in Firearms at TSA Checkpoints (Homeland Security Subcommittee on Transportation and Maritime Security, Tuesday at 2:00 pm)
Is There a Doctor in the House? The Role of Immigrant Physicians in the U.S. Healthcare System (Judiciary Subcommittee on Immigration and Citizenship, Tuesday at 2:00 pm)
Examining the Economic Impact of Federal Infrastructure Investment (Ways and Means Subcommittee on Select Revenue Measures, Tuesday at 2:00 pm)
Renewed American Engagement with International Organizations: Goals, Priorities, and Successes (Foreign Affairs Subcommittee on International Development, International Organizations, and Global Corporate Social Impact; Tuesday at 2:00 pm)
Keeping the Lights On: Strategies for Grid Resilience and Reliability (Climate Crisis, Tuesday at 2:30 pm)
Markup of Various Legislative Measures (Natural Resources, Wednesday at 10:00 am)
Defending U.S. Allies and Interests Against Russian Aggression in Eastern Europe (Oversight and Reform Subcommittee on National Security, Wednesday at 10:00 am)
Why Congress Needs to Abolish the Debt Limit (Budget, Wednesday at 11:00 am)
Congress Back Home: Modernizing District Office Operations (Modernization of Congress, Wednesday at 12:00 pm)
Connecting America: Oversight of NTIA (Energy and Commerce Subcommittee on Communications and Technology, Wednesday at 12:00 pm)
An Unprecedented Investment for Historic Results: How Federal Support for MDIs and CDFIs Have Launched a New Era for Disadvantaged Communities (Financial Services, Wednesday at 12:00 pm)
Serving All Students: Promoting a Healthier, More Supportive School Environment (Education and Labor Subcommittee on Early Childhood, Elementary, and Secondary Education; Wednesday at 12:15 pm)
Big Data: Privacy Risks and Needed Reforms in the Public and Private Sectors (House Administration, Wednesday at 2:00 pm)
The Rise in Violence Against Minority Institutions (Judiciary Subcommittee on Crime, Terrorism, and Homeland Security; Thursday at 10:00 am)
Americans in Need: Responding to the National Mental Health Crisis (Energy and Commerce Subcommittee on Oversight and Investigations, Thursday at 11:30 am)
Exploring Pathways to Affordable, Universal Health Coverage (Education and Labor Subcommittee on Health, Employment, Labor, and Pensions; Thursday at 12:00 pm)
Call to Action: Private Sector Investment in the Northern Triangle and its Impact on Homeland Security (Homeland Security Subcommittee on Oversight, Management, and Accountability; Thursday at 2:00 pm)
Oversight of the January 6th Capitol Attack: Ongoing Review of the United States Capitol Police Inspector General Flash Reports (House Administration, Thursday at 3:00 pm)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Fair Chance improvements: The House Oversight and Reform Committee recently marked up the Fair Chance Improvement Act, H.R. 6419. Advocates may remember that Congress passed the Fair Chance Act as part of the National Defense Authorization Act for FY 2020. The Fair Chance Act gives individuals with a criminal record an opportunity to get their foot in the door by prohibiting federal agencies and federal contractors (for jobs specifically tied to a federal contract) from making an inquiry into the applicant’s criminal history until a conditional offer has been extended. The Fair Chance Improvement Act, introduced by a unique pair of lawmakers, Reps. Alexandria Ocasio Cortez (D-NY) and Nancy Mace (R-SC), would make technical changes to the Fair Chance Act, including establishing procedures for complaints and investigations of compliance. The legislation was marked up by the committee by a vote of 27 to 11.
State of the Union: President Biden will give his first State of the Union address to a Joint Session of Congress on Tuesday, March 1. To my knowledge, the formal invitation, which comes in the form of a concurrent resolution, has not been passed yet. There’s no word yet on who will deliver the Republican response to President Biden.
Gazpacho police, arrest this man: This is what you get when you confuse a cold soup with the Gestapo. (Apologies to Radiohead.)
Good and bad economic news: Just catching up on this. The economy added 467,000 jobs in January. The jobs report beat expectations. There were upward revisions for November and December to the tune of 709,000 jobs. The labor force participation rate (LFPR) increased from 61.9 percent in December to 62.2 percent in January. This is the highest LFPR since March 2020, when the economic turmoil caused by the COVID-19 pandemic really kicked in. The unemployment rate did rise ever so slightly to 4.0 percent, but more people reentered the workforce. However, inflation, measured by the Consumer Price Index for All Urban Consumers (CPI-U), jumped by 7.5 percent over the past 12 months, which is the largest increase since 1982.
Deficit watch: The budget deficit through January is $259 billion. That’s substantially lower than the budget deficit of $736 billion at the same point in FY 2021. Revenues are up 28 percent and outlays are up by 8 percent. With tax-filing season quickly approaching, April could be a surplus month. (September is also a surplus month when the economy is performing well.)
Free breakfast: Due Process Institute’s sister organization, the Clause 40 Foundation, is hosting an event next week with Professor Evan Bernick on his new book, written with Professor Randy Barnett, on the origins of the Fourteenth Amendment. It will be 10:30 a.m. on Friday, February 25th, at our offices in D.C. and online at Clause 40’s youtube channel. Come for the free food; stay for the fascinating constitutional history.
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.