Senate Likely to Vote on DC RCCA, House to Consider Bills on WOTUS and COVID Origins
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.
For those who missed it: The House Judiciary Subcommittee on Crime and Federal Government Surveillance held a hearing last week on fentanyl. I submitted a written statement for the record that explained Due Process Institute’s concerns with the current approach to fentanyl-related substances. As I wrote, “Congress does need to act, but it should not do so irresponsibly by making the class-wide scheduling of FRS permanent without exceptions for FRS with a medical benefit or those that are inert or harmless. We also should end the incarceration of people for possession of substances that are harmless or have medical benefits. Congress must also ease the ability for researchers to study FRS to determine what, if any, beneficial medical use they might have or to determine if they are harmless. Finally, lawmakers should take heed of the drug policy failures of the last several decades and treat this crisis as the public health issue that it is, which would mean focusing attention and funding more on addiction treatment and harm reduction strategies than on prosecutions and incarceration.” You can read the entirety of my statement here.
Nominees in the Senate: The Senate will convene today at 3:00 pm to resume consideration of the nomination of Stewart Ballou to serve as a judge on the U.S. District Court for the Western District of Virginia. We assume that a roll call vote on the cloture motion for the Ballou nomination will begin at 5:30 pm. Additionally, the Senate may also consider the nominations of Andrew Schopler to serve as a judge on the U.S. District Court for the Southern District of California, Arun Subramanian to serve as a judge on the U.S. District Court for the Southern District of New York, and Patrice Kunesh to serve as a Commissioner of the Administration for Native Americans at the Department of Health and Human Services.
Vote on RCCA expected this week: DC’s Revised Criminal Code Act (RCCA) was in the news last week as President Biden stated he would sign the Republican-led legislation to block it. This, by the way, comes after the White House issued a statement of administration policy against the bill. Biden said he supports DC statehood and home rule but he doesn’t support some of the changes made by the DC City Council over Mayor Muriel Bowser’s objections (Mayor Bowser referred to Congress’ efforts to overturn the RCCA as an “indignity”). The Senate is expected to take up the issue and vote on S.J.Res.12 this week. H.J.Res.26, the House resolution disapproving the RCCA, passed on February 9 by a 250 to 173 vote. Sen. Joe Manchin (D-WV) and Sen. Patty Murray (D-WA) already stated their intent to vote for the resolution. Not only is it profoundly undemocratic, but it’s also bad policy. Prior to the RCCA, the last time the DC criminal code was overhauled was in 1901. Needless to say, modernization is long overdue. The RCCA is a product of 16 years of research, collaboration, and evidence-based policymaking. Defaulting to “tough on crime” rhetoric instead does nothing to make communities safer nor does it address the root causes of crime. There’s also a lot of misinformation about what the RCCA actually does, especially surrounding carjacking penalties (highlighted by President Biden’s main objection in his statement). For example, the highest penalty for carjacking in DC is currently 15 years; the maximum allowable penalty in DC’s new criminal code would actually be higher at 18 to 24 years. Finally, the bill would give every person charged with a misdemeanor the right to a jury trial, something currently guaranteed in 35 states. It is incredibly disappointing to see Biden reject balanced legislation, the will of DC residents, and meaningful criminal justice reform.
Senate committee schedule: Below are some Senate committee hearings that may be of interest. The full Senate committee schedule for the week is here.
Tax Policy’s Role in Increasing Affordable Housing Supply for Working Families (Finance, Tuesday at 10:00 am)
The Semiannual Monetary Policy Report to the Congress (Banking, Housing, and Urban Affairs; Tuesday at 10:00 am)
The Federal Debt Limit and its Economic and Financial Consequences (Banking, Housing, and Urban Affairs Subcommittee on Economic Policy; Tuesday at 2:30 pm)
Reining in Dominant Digital Platforms: Restoring Competition to Our Digital Markets (Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights; Tuesday at 3:00 pm)
Authorization for Investigation (Health, Education, Labor, and Pensions; Wednesday at 10:00 am)
Defending the Right of Workers to Organize Unions Free from Illegal Corporate Union-Busting (Health, Education, Labor, and Pensions; Wednesday at 10:00 am)
Platform Accountability: Gonzalez and Reform (Judiciary Subcommittee on Privacy, Technology, and the Law; Wednesday at 2:00 pm)
Artificial Intelligence: Risks and Opportunities (Homeland Security and Governmental Affairs, Wednesday at 10:00 am)
A Burning Issue: The Economic Costs of Wildfires (Budget, Wednesday at 10:00 am)
Business Meeting (Library, Wednesday at 2:30 pm)
Nomination Hearing (Small Business and Entrepreneurship, Wednesday at 2:30 pm)
Business Meeting (Homeland Security and Governmental Affairs, Wednesday at 4:00 pm)
Protecting Public Health and the Environment in the Wake of the Norfolk Southern Train Derailment and Chemical Release in East Palestine, Ohio (Environment and Public Works, Thursday at 10:00 am)
Executive Business Meeting (Judiciary, Thursday at 10:00 am)
Uplifting Families, Workers, and Older Adults: Supporting Communities of Care (Aging, Thursday at 10:30 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 on Tuesday at 2:00 pm for legislative business. First votes are expected at 6:30 pm. Legislative business will begin at 10:00 am on Wednesday, 10:00 am on Thursday, and 9:00 am on Friday. Last votes for the week are expected no later than 3:00 pm Friday. Five bills (listed below) will be considered under the suspension of the rules. The cost estimates for these bills can be found here.
H.R. 502, To amend title 38, United States Code, to ensure that the Secretary of Veterans Affairs repays members of the Armed Forces for certain contributions made by such members towards Post-9/11 Educational Assistance, and for other purposes. (Veterans’ Affairs Committee)
H.R. 753, VA Cost Savings Enhancement Act (Veterans’ Affairs Committee)
H.R. 815, RELIEVE Act (Veterans’ Affairs Committee)
H.R. 1123, Understanding Cybersecurity of Mobile Networks Act (Energy and Commerce Committee)
H.R. 1126, Wounded Warrior Access Act (Energy and Commerce 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 will meet on Tuesday at 3:00 pm to markup the rule for the Protecting Speech from Government Interference Act, H.R. 140; a resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Army, Corps of Engineers, Department of Defense and the Environmental Protection Agency relating to ‘‘Revised Definition of ‘Waters of the United States,'" H.J.Res. 27; and the COVID-19 Origin Act, S. 619.
About the rule bills: The Protecting Speech from Government Interference Act would expand the Hatch Act from being used by federal officials to coerce private platforms, like social media websites, from censoring lawful speech. Violations of the prohibition could include removal, reduction in pay grade, and a civil fine of up to $10,000. H.J.Res. 27 is a disapproval resolution under the Congressional Review Act that would cancel a rule published by the Environmental Protection Agency that defines Waters of the United States (WOTUS). I realize that this sounds rather boring, but WOTUS is quite a big deal and has a far bigger impact than people realize because of how expansive this rule is. The COVID-19 Origin Act would require the Director of National Intelligence to declassify information related to the origin of COVID-19. This has become a big deal in recent weeks because of the assessments of the Department of Energy and the Federal Bureau of Investigation that COVID-19 originated from a lab leak at the Wuhan Institute of Virology. I believe these assessments are low-confidence and based on circumstantial evidence. Still, the lab leak theory was one that was routinely dismissed as a conspiracy theory. The COVID-19 Origin Act passed the Senate by unanimous consent on March 1. Assuming the bill passes the House, the next step is President Biden's desk.
But wait! There's more (well, maybe): The House may also consider a War Powers Resolution directing the President to remove armed forces from Syria. Since September 2014, presidents have taken action in Syria involving the armed forces that triggered reports to Congress under the War Powers Act. The most recent of these reports came in August 2022. (There's a whole debate on war powers that I can get into here, but I'll spare you.) The War Powers Resolution, H.Con.Res. 21, would direct President Biden to remove armed forces from Syria within 180 days should the resolution pass both chambers.
House committee schedule: Below are some House committee hearings that may be of interest. The full House committee schedule for the week is here.
The State of the American Economy: The Heartland (Ways and Means, Tuesday at 9:00 am, Field Hearing in Yukon, Oklahoma)
Veterans Health Information Systems and Technology Architecture (Veterans’ Affairs Subcommittee on Technology Modernization, Tuesday at 3:00 pm)
Investigating the Origins of COVID-19 (Coronavirus Pandemic, Wednesday at 9:00 am)
American Indian and Alaska Native Public Witness Day 1 (Appropriations Subcommittee on Interior, Environment, and Related Agencies, Wednesday at 9:00 am)
Fiscal Year 2024 Request for the Office of Congressional Workplace Rights (Appropriations Subcommittee on the Legislative Branch, Wednesday at 9:30 am)
The Federal Reserve’s Semi-Annual Monetary Policy Report (Financial Services, Wednesday at 10:00 am)
Legislative Presentation of Veterans of Foreign Wars and Multi VSOs before the House and Senate VSO Joint Hearing (Veterans’ Affairs, Wednesday at 10:00 am)
Force Multipliers: Examining the Need for Additional Resources to Disrupt Transnational Crime at the Border and Beyond (Oversight and Accountability Subcommittee on National Security, the Border, and Foreign Affairs; Wednesday at 10:00 am)
During and After the Fall of Kabul: Examining the Administration’s Emergency Evacuation from Afghanistan (Foreign Affairs, Wednesday at 10:00 am)
A Review of Title VIII: Forestry Stakeholder Perspectives (Agriculture Subcommittee on Forestry, Wednesday at 10:00 am)
Member Day (Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies; Wednesday at 10:00 am)
Pipeline Safety: Reviewing Implementation of the PIPES Act of 2020 and Examining Future Safety Needs (Transportation and Infrastructure Subcommittee on Railroads, Pipelines, and Hazardous Materials; Wednesday at 10:00 am)
Innovation Through Collaboration: The Department of Energy’s Role in the U.S. Research Ecosystem (Science, Space, and Technology; Wednesday at 10:00 am)
Member Day (House Administration, Wednesday at 10:30 am)
Fiscal Year 2024 Request for the Congressional Budget Office (Appropriations Subcommittee on the Legislative Branch, Wednesday at 11:00 am)
Member Day (Appropriations Subcommittee on State, Foreign Operations, and Related Programs; Wednesday at 11:30 am)
Full Committee Meeting (House Administration, Wednesday at 12:00 pm)
Small Business Perspectives on the Impacts of the Biden Administration's Waters of the United States (WOTUS) Rule (Small Business, Wednesday at 2:00 pm)
Holding the Biden Administration Accountable for Wasteful Spending and Regulatory Overreach (Financial Services Subcommittee on Oversight and Investigations, Wednesday at 2:00 pm)
Burning the Midnight Oil: Why Depleting the Strategic Petroleum Reserve is Not a Solution to America’s Energy Problem, Part I (Oversight and Accountability Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs; Wednesday at 2:00 pm)
Advances in AI: Are We Ready For a Tech Revolution? (Oversight and Accountability Subcommittee on Cybersecurity, Information Technology, and Government Innovation; Wednesday at 2:00 pm)
Organizational Meeting of the Joint Committee on the Library (House Administration, Wednesday at 2:30 pm)
Organizational Meeting of the Joint Committee on Printing (House Administration, Wednesday at 2:35 pm)
American Indian and Alaska Native Public Witness Day 2 (Appropriations Subcommittee on Interior, Environment, and Related Agencies, Thursday at 9:00 am)
Fiscal Year 2024 Request for the United States Government Publishing Office (Appropriations Subcommittee on the Legislative Branch, Thursday at 9:30 am)
Rising Risks: Managing Volatility in Global Commodity Derivatives Markets (Agriculture, Thursday at 10:00 am)
Hearing: Department of Labor (Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies; Thursday at 10:00 am)
Oversight Hearing - U.S. Department of Agriculture, Office of Inspector General (Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies; Thursday at 10:00 am)
FAA Reauthorization: Securing the Future of General Aviation (Transportation and Infrastructure Subcommittee on Aviation, Thursday at 10:00 am)
Oversight Hearing – United States Agency for Global Media (Appropriations Subcommittee on State, Foreign Operations, and Related Programs; Thursday at 2:30 pm)
A View of House Modernization: Perspectives from the CAO (House Administration Subcommittee on Modernization, Thursday at 3:10 pm)
If you’re interested in watching any of these hearings online, you can find committee websites here.
Here comes Biden’s budget: The White House is expected to roll out President Biden’s FY 2024 budget proposal on Thursday. I haven’t seen a ton on what’s expected, but the administration is expected to ask for $1.6 billion in funding to claw back money fraudulently acquired from COVID-19 programs and propose raising taxes. Budgets sent to Congress by the White House are dead-on-arrival. Needless to say, that’s not going to change in this divided Congress. Keep an eye on the Office of Management and Budget for President Biden’s FY 2024 budget and the various documents that the White House will release along with it.
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.