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DC Download 01.09.2024

The second session of the 118th Congress kicks off tomorrow with a packed agenda. With government funding for numerous departments expiring next week, lawmakers are hashing out the details of a newly-announced agreement to avoid a government shutdown. At the same time, House Republicans are attempting to impeach the Secretary of Homeland Security and roll back Biden Administration rules. Meanwhile, Senators are still trying to craft a deal on the White House’s Emergency Security Package for Ukraine and Israel. 

Table of Contents:

 

 

January 6th and Democracy

Standing up for our right to have every vote counted is especially critical in the wake of the January 6, 2021 attack on our country. The insurrection was part of an illegal, unconstitutional, and ultimately violent plot to overturn the 2020 election and ignore the will of the people. 

The people responsible for this scheme are still working today to put themselves in power regardless of election outcomes—including changing state laws, threatening state officials, and packing election administration offices so they can have the final say over election results. We must hold those involved in this ongoing criminal conspiracy accountable. It is the only way we are going to protect our right to vote and choose our own leaders, and stop the current campaign to overturn future elections.  

Messaging guides and tools:

For more messaging tools and resources, visit the Progressive Playbook.

 
 

The House will vote on five suspension bills from the Committees on Financial Services. Suspension bills require a ⅔ majority to pass. For a list of all suspension bills being considered, click here. 

The House will also consider the following bills, subject to a rule: 

S.J. Res. 38 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to "Waiver of Buy America Requirements for Electric Vehicle Chargers” (Sponsored by Sen. Rubio / Transportation and Infrastructure Committee): The Congressional Review Act resolution would block a Federal Highway Administration rule temporarily permitting use of non-U.S.-made materials for electric vehicle chargers. 

H.R. 788 – Stop Settlement Slush Funds Act of 2023 (Sponsored by Rep. Gooden / Judiciary Committee): The bill would prohibit federal agencies from directing payments to third parties, such as charitable organizations, as part of court settlements. Payments would go either directly to the government or specifically to remedy the harm caused by the violation at the nexus of the settlement agreement. 

H.J. Res. 98 – Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to "Standard for Determining Joint Employer Status" (Sponsored by Rep. James / Education and the Workforce Committee): The Congressional Review Act resolution would block a National Labor Relations Board rule establishing a new standard to determine whether two businesses are joint employers of the same workers. The rule ensures workers who are jointly employed—for example, workers hired through a staffing agency—can bargain collectively with the employer that manages them for better wages, working conditions, and benefits. 

House Committee Highlights

A full list of this week’s hearings and markups can be found here. Notable hearings and markups include: 

Wednesday Hearings

Havoc in the Congress: How Extreme MAGA Republicans Only Care About Impeaching Secretary Mayorkas and Creating Border Chaos (Homeland Security) 

Polluters Over People: The Republicans’ Attack on Methane Protections, American Innovation, and Jobs (Energy & Commerce)

Markup of Report Recommending that the House of Representatives Cite Robert Hunter Biden for Contempt of Congress (Judiciary) 

National Park Service's Deferred Maintenance Backlog: Perspectives from the Government Accountability Office and the Inspector General (Natural Resources) 

Thursday Hearings

Examining the Biden Administration’s Limits on Access to the OCS: Impacts on Consumers, States, and Operators | Energy and Mineral Resources Subcommittee (Natural Resources)

Exploitation and Enforcement Part II: Improving Enforcement in Countering Uyghur Forced Labor (Homeland Security)

Oversight of the Department of Housing and Urban Development and the Federal Housing Administration (Financial Services)

Examining the Biden Administration’s Afghanistan Policy Since the U.S. Withdrawal: Part II (Foreign Affairs)

 

 

Nominations

The Senate this week has teed up votes on the following nominees:

  • John A. Kazen, of Texas, to be United States District Judge for the Southern District of Texas

  • Jose Javier Rodriguez, of Florida, to be an Assistant Secretary of Labor

  • Joseph Goffman, of Pennsylvania, to be an Assistant Administrator of the Environmental Protection Agency

  • S. Kato Crews, of Colorado, to be United States District Judge for the District of Colorado

  • Karoline Mehalchick, of Pennsylvania, to be United States District Judge for the Middle District of Pennsylvania

Senate Committee Highlights

A full list of this week’s Senate committee hearings, including confirmation hearings, can be found here. Notable committee hearings include:

Wednesday Hearings 

Harnessing AI to Improve Government Services and Customer Experience (Homeland Security & Governmental Affairs)

Investing in the Future: Safeguarding Municipal Bonds from Climate Risk (Budget)

Oversight of A.I.: The Future of Journalism (Judiciary)

Thursday Hearings

Hearing to Examine Federal Electric Vehicle Incentives Including the Federal Government's Role in Fostering Reliable and Resilient Electric Vehicle Supply Chains (Energy & Natural Resources)

Stopping the Flow of Fentanyl: Public Awareness and Legislative Solutions (Banking, Housing, & Urban Affairs)

 

 

Government Funding

Over the weekend, appropriators announced a spending agreement to keep the government funded and avoid a shutdown. The deal sets Fiscal Year 2024 defense spending at $886 billion and nondefense at $773 billion, in line with the Fiscal Responsibility Act negotiated between the White House and House Republicans last spring that suspended the debt limit. The deal also accelerates a clawback of IRS funding and rescinds additional COVID relief funds. Now, lawmakers will have to move quickly to pass the 12 annual spending bills before funding for some federal agencies—including the Departments of Agriculture, Housing and Urban Development, Transportation, Energy, and Veterans Affairs—expire on January 19. Funding for the remaining federal agencies expires on February 2. In statements, President Joe Biden, House Minority Leader Hakeem Jeffries, and Senate Majority Leader Chuck Schumer endorsed the framework and called on House Republicans to quickly pass full-year appropriation bills without any poison pill policy changes. After the deal was announced, however, the House Republican Freedom Caucus called the deal “totally unacceptable” and urged further cuts. With a slim Republican majority, House Speaker Mike Johnson will almost certainly have to rely on Democratic votes to pass the deal. 

Biden Administration Impeachments

Last month, House Republicans officially authorized an impeachment inquiry into President Joe Biden. The inquiry focuses on the president’s family business dealings, scrutinizing his son’s overseas business and alleged White House interference in Justice Department probes. Now, House Republicans are also aiming to impeach the Secretary of the Department of Homeland Security Alejandro Mayorkas. The House Committee on Homeland Security is holding a hearing this week examining the administration’s border policies and alleging a dereliction of duty resulting in a record number of migrants crossing the border. In response, the White House expressed President Biden's support for Mayorkas, calling the allegations against him a political stunt and criticized the GOP's failure to approve funding for border security, which the White House requested last summer.

Emergency Security Package and Asylum Negotiations

Last fall, the White House requested a $106 billion emergency security package to aid Ukraine and Israel primarily, among other things. The package would provide $61.4 billion to support Ukraine, $14.3 billion to support the Israeli military, and $9.15 billion for humanitarian efforts across the world, including Gaza. Since the request was announced, Senators have been working on a deal to exchange new immigration rules for foreign aid. Public reporting indicated that Trump-era immigration policies are being considered, such as fast-track deportations and new powers to block all asylum seekers. Moreover, House Republicans have insisted that any deal include H.R. 2, their anti-immigrant bill that would restart border wall construction, raise the standard for asylum, rollback safeguards for migrant children, limit the president’s parole powers, expand expedited removal nationwide, and mandate E-Verify. Democrats, however, have balked at these requests, with the Congressional Hispanic Caucus and Congressional Progressive Caucus threatening to oppose the deal if it includes anti-immigrant provisions. 

SCOTUS Watch: Alexander v. South Carolina State Conference of the NAACP

On October 11, the Supreme Court heard oral arguments in Alexander v. South Carolina State Conference of the NAACP, a case concerning racial gerrymandering in South Carolina. The NAACP argues that South Carolina’s Republican legislature drew the state’s congressional maps to purposefully target Black communities and dilute their voting power in violation of the 14th and 15th Amendments. However, the South Carolina State Legislature maintains that they did not use race to determine the new maps, but instead focused on partisan preferences to draw the districts. While the Constitution and the Voting Rights Act prohibit racial gerrymandering, the Supreme Court ruled in 2019 that partisan gerrymandering cases fall outside federal courts’ jurisdiction and must be adjudicated in state courts or addressed via legislation in Congress (Rucho v. Common Cause). If the Court sides with the South Carolina State Legislature, proving that states are engaging in racial gerrymandering could become more difficult, thereby hindering the public’s ability to fight unfair maps.

 

 

January 9: House and Senate return from recess

January 15: Martin Luther King Jr. Day

January 19: Funding expires for part of the government 

January 21: Anniversary of the Citizens United v. FEC decision 

January 22: 51st Anniversary of Roe v. Wade

January 23: 60th anniversary of the ratification of the 24th Amendment 

January 27: International Holocaust Remembrance Day

January 29: 15th Anniversary of Lilly Ledbetter Fair Pay Act

February 2: Funding expires for part of the government