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DC Download 01.29.2024

Congress is in full swing following the successful passage of a stopgap bill that punts the government funding fight to March. House lawmakers this week are considering a set of bills that would make it easier for the government to punish migrants. They may also consider a new bipartisan tax bill. Meanwhile, Senators are considering Congressional Review Act resolutions to block an SEC rule and override a veto regarding EV chargers. At the same time, Senate negotiators may finally release details of a potential immigration deal that would also provide funding for Ukraine and Israel. 

Table of Contents:

 

 

Immigration

No matter where we come from, what our color is, or how we worship, we work hard for our families and our future. Immigrants have always been a core part of this nation’s story. Families looking for a better life help make our country and our economy vibrant and strong. But certain politicians are attacking people seeking safety at our border to distract us from their failure to unrig our economy.  

We know that tearing families apart, caging children, and turning our backs on refugees seeking safety doesn’t make us stronger. We need to join together across our differences to create fair immigration laws that treat each person with dignity, provide a clear process for newcomers to participate equally in our society, become citizens, and make this a country that honors all families. 

 Messaging guides and tools:

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

 
 

House Floor

The House will vote on eight suspension bills from the Committee on Oversight & Accountability. 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:

H.R. 5585 – Agent Raul Gonzalez Officer Safety Act ( Sponsored by Rep. Ciscomani / Judiciary Committee): The bill would impose new criminal penalties on individuals who evade U.S. Border Patrol agents or other law enforcement officers, and would make migrants who are convicted of evading law enforcement deportable and inadmissible to the U.S.

H.R. 6678 – Consequences for Social Security Fraud Act (Sponsored by Rep. McClintock / Judiciary Committee): The bill would make noncitizens who falsify a Social Security number to obtain employment deportable and inadmissible to the U.S.  

H.R. 6679 – No Immigration Benefits for Hamas Terrorists Act (Sponsored by Rep. McClintock / Judiciary Committee): The bill would bar any person who participated in or facilitated the Oct. 7, 2023, attacks against Israel, including members and officials of Hamas or the Palestinian Islamic Jihad, from being admitted into the U.S.

H.R. 6976 – Protect Our Communities from DUIs Act (Sponsored by Rep. Moore (AL) / Judiciary Committee): The bill would allow the government to deport or bar entry to any immigrant convicted of driving under the influence of drugs and alcohol. 

The House may also consider the following legislation:

H.R. 7024 – Tax Relief for American Families and Workers Act of 2024, as amended ( Sponsored by Rep. Smith (MO) / Ways and Means Committee): The bill would restore expired business tax breaks, increase the refundable portion of the child tax credit, reduce double taxation of U.S.-Taiwanese businesses, extend boosted low-income housing and disaster relief tax credits, and end claims for the pandemic-era employee retention tax credit.

House Committee Highlights

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

Tuesday Hearings

Authoritarian Alignment: The CCP's Support for America's Adversaries (Select Committee on the CCP)

Menace on the Red Sea: Securing Shipping Against Threats in the Red Sea (Transportation & Infrastructure)

The Southern Border Crisis: The Constitution and the States (Judiciary)

Markup of H.Res.863, Impeaching Alejandro Nicholas Mayorkas, Secretary of Homeland Security, for high crimes and misdemeanors (Homeland Security)

Examining the Opportunities and Challenges of Land Consolidation in Indian Country (Natural Resources)

UNRWA Exposed: Examining the Agency’s Mission and Failures (Foreign Affairs)

America’s Report Card: Oversight of K-12 Public Education (Oversight & Accountability)

Wednesday Hearings

Creating a Culture of Fiscal Responsibility: Assessing the Role of the Congressional Budget Office (Budget)

Overseeing the Department of Health and Human Services’ Compliance with Congress (Select Subcommittee on the Coronavirus Pandemic)

Rules Without Analysis: Federal Banking Proposals Under the Biden Administration (Financial Services)

Health Care Spending in the United States: Unsustainable for Patients, Employers, and Taxpayers (Energy & Commerce)

The CCP Cyber Threat to the American Homeland and National Security (Select Committee on the CCP)

The Future of Peacekeeping and the Increasing Role of Private Military Companies in Africa (Foreign Affairs)

 

 

Senate Floor

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): 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. The joint resolution was originally passed by Congress on January 11, 2024 and vetoed by President Biden on January 24, 2024. 

S.J.Res. 50 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Securities and Exchange Commission relating to "Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure (Sponsored by Sen. Tillis): The Congressional Review Act resolution would block a Securities and Exchange Commission rule requiring publicly traded companies to disclose cybersecurity breaches to investors.  

Nominations

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

  • Joshua Paul Kolar, of Indiana, to be United States Circuit Judge for the Seventh Circuit

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 

The North Atlantic Treaty Organization at 75: Reflecting on Past Successes and Planning for the Future (Foreign Relations)

Avoiding, Detecting, and Capturing Methane Emissions from Landfills (Environment & Public Works)

Artificial Intelligence and Housing: Exploring Promise and Peril (Banking, Housing, & Urban Affairs)

A Blueprint for Prosperity: Expanding Housing Affordability (Budget)

Big Tech and the Online Child Sexual Exploitation Crisis (Judiciary)

Thursday Hearings

Examining Scams and Fraud in the Banking System and Their Impact on Consumers (Banking, Housing, & Urban Affairs)

 

 

Child Tax Credit

This week, Congress may consider a bipartisan tax bill that, among other things, would enhance the Child Tax Credit (CTC), offering increased financial support for families. The CTC allows eligible households to reduce their federal income tax liability by a certain amount for each qualifying child. The bill would incrementally raise the refundable portion of the CTC: $1,800 in 2023, $1,900 in 2024, and $2,000 in 2025. It would also adjust the overall credit limit for inflation in 2024 and 2025. The new CTC enhancement does not go as far as it did under the American Rescue Plan Act, which made it fully refundable for up to $3,000 per child over the age of 6. However, that enhancement expired at the end of 2021.

Emergency Security Package and Asylum Negotiations

This week, the Senate may release details of the much-anticipated emergency security package that could provide funds for Ukraine and Israel and overhaul the U.S. immigration system. The potential deal, which reportedly includes Trump-era immigration policies such as fast-track deportations and new powers to block all asylum seekers, hangs in a delicate balance. Hard-right factions influenced by former President Donald Trump are wary of, in their view, allowing President Biden to claim progress on what they’ve characterized as a border crisis. House Speaker Mike Johnson (R-LA-04) has already declared the Senate's potential deal as “dead on arrival” in the House and instead supports H.R. 2, House Republicans’ anti-immigrant bill that would restart border wall construction, raise the standard for asylum, roll back safeguards for migrant children, limit the president’s parole powers, expand expedited removal nationwide, and mandate E-Verify. The earliest procedural vote in the Senate could happen as soon as this week, but the outcome remains uncertain.

Yemen War Powers 

Last Friday, a bipartisan group of House members sent a letter to President Biden stating that he does not have congressional authorization to conduct strikes and other military operations in Yemen or the Red Sea, suggesting the recent attacks in the region are unconstitutional. The letter was led by Rep. Ro Khanna (D-CA-17) and Rep. Warren Davidson (R-OH-08) and signed by 27 members of both parties. The letter outlines the legal and constitutional requirements the President must take before conducting military operations. Article I of the Constitution gives Congress the sole power to declare war. The 1973 War Powers Resolution states that the president can introduce U.S. armed forces into hostilities only if there is a declaration of war from Congress, specific authorization, or for self-defense in limited circumstances. The letter explained that none of these constitutional and legal requirements have been met.

SCOTUS Watch: Loper Bright Enterprises v. Raimondo 

On January 17, the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo, a case that is challenging the landmark 1984 decision in Chevron v. Natural Resources Defense Council, which holds that courts should defer to a federal agency’s interpretation of statutes as long as that interpretation is reasonable. Loper Bright Enterprises v. Raimondo arose after a group of commercial fishermen sued the National Marine Fisheries Service for a rule that required the industry to fund monitoring programs. The plaintiffs argue that federal laws regulating fisheries did not authorize the government to create industry-funded monitoring requirements. Lower courts sided with the government, citing the Chevron case and finding that the agency reasonably interpreted its authority to create the new rule. Now, Loper Bright Enterprises is asking the Supreme Court to either overrule or weaken Chevron v. Natural Resources Defense Council. The Court will now decide whether judges or agency experts are better positioned to decide crucial public policy questions. A ruling for the plaintiffs could prevent agencies from taking actions that Congress did not direct explicitly. This would make it impossible for agencies to respond promptly to the country’s emerging needs and move more power into the hands of the courts. 

 

 

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

February: Black History Month

February 12-25: Senate is in recess

February 14: 6th Anniversary of Parkland Massacre

February 17-27: House is in recess

February 19: Japanese American Internment Day of Remembrance

February 19: Presidents Day

February 21: 59th Anniversary of the assassination of Malcolm X

February 24: Two-Year Anniversary of Russian invasion of Ukraine