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DC Download 04.08.2024

Lawmakers return to Washington, D.C. this week following a two-week break. The House is considering resolutions to denounce the Biden Administration’s immigration policies and pressure on Israel to agree to a ceasefire, and a bill to reauthorize a controversial surveillance law. Meanwhile, Senators are expecting to receive the impeachment articles for Secretary of Homeland Security Alejandro Mayorkas. At the same time, Biden Administration officials are on the Hill defending the president’s budget proposal.

Table of Contents:

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House Floor

The House will vote on 14 suspension bills from the Committees on Natural Resources and Education & the Workforce. 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. 529 – Extending Limits of U.S. Customs Waters Act (Sponsored by Rep. Waltz / Ways and Means Committee): The bill would double the customs waters of the U.S. from 12 to 24 offshore nautical miles.

H.Res. 1112 – Denouncing the Biden administration’s immigration policies(Sponsored by Rep. Gonzales (TX) / Judiciary Committee): The resolution would denounce the Biden administration’s immigration policies.

H.Res. __ – Opposing efforts to place one-sided pressure on Israel with respect to Gaza (Sponsored by Rep. Salazar / Foreign Affairs Committee): The resolution would oppose efforts to place “one-sided pressure” on Israel regarding its conflict with Gaza, including calls for an immediate ceasefire.

H.R. __ – Reforming Intelligence and Securing America Act (Sponsored by Rep. Lee (FL) / Judiciary Committee / Intelligence Committee): The bill would reauthorize and overhaul the electronic surveillance authorities under the Foreign Intelligence Surveillance Act (FISA). The bill would place restrictions on the FBI’s processes for searching through Americans’ data that has been incidentally collected through surveillance of a foreign target. However, it doesn’t require intelligence agencies to obtain a warrant before conducting searches of that information, a key issue in the reauthorization debate.

House Committee Highlights

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

Wednesday Hearings

From Headquarters Building to Field Offices: Examining the FBI's Real Estate Needs and Strategy (Transportation & Infrastructure)

Tax Day: Exploring the Adverse Effects of High Taxes and a Complex Tax Code(Small Business)

Beyond Scope: How the SEC’s Climate Rule Threatens American Markets (Financial Services)

The Chinese Communist Party’s Malign Influence at the United Nations — It’s Getting Worse (Foreign Affairs)

FAFSA Fail: Examining the Impact on Students, Families, and Schools (Education & the Workforce)

American Nuclear Energy Expansion: Spent Fuel Policy and Innovation (Energy & Commerce)

USAID’s Foreign Policy and International Development Priorities in the Era of Great Power Competition (Foreign Affairs)

Administrator for USAID Samantha Power is testifying

Fiscal Year 2025 Request for the Department of Homeland Security (Appropriations)

Secretary of Homeland Security Alejandro Mayorkas is testifying

Thursday Hearings

Fighting for a Free Press: Protecting Journalists and their Sources (Judiciary)

Where Are We Now: Section 230 of the Communications Decency Act of 1996(Energy & Commerce)

Oversight of the U.S. Food and Drug Administration (Oversight & Accountability)

Energizing the Territories: Promoting Affordable and Reliable Energy Sources for the U.S. Insular Areas (Natural Resources)

Expanding on the Success of the 2017 Tax Relief to Help Hardworking Americans(Ways & Means)

Fiscal Year 2025 Request for the Federal Bureau of Investigation (Appropriations)

FBI Director Christopher Wray is testifying

Nominations

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

Susan M. Bazis, of Nebraska, to be United States District Judge for the District of Nebraska
Robert J. White, of Michigan, to be United States District Judge for the Eastern District of Michigan
Ann Marie McIff Allen, of Utah, to be United States District Judge for the District of Utah

Senate Committee Highlights

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

Tuesday Hearings

An Update from the Treasury Department: Countering Illicit Finance, Terrorism and Sanctions Evasion (Banking, Housing, & Urban Affairs)

Small Print, Big Impact: Examining the Effects of Forced Arbitration (Judiciary)

Opaque Shell Companies: A Risk to National Security, Public Health, and Rule of Law (Senate Caucus on International Narcotics Control)

Oversight of the Smithsonian Institution (Rules & Administration)

To receive testimony on the Department of Defense budget request for Fiscal Year 2025 and the Future Years Defense Program (Armed Services)

Secretary of Defense Lloyd J. Austin III is testifying
Chairman of the Joint Chiefs of Staff General Charles Q. Brown, Jr. is testifying

A Review of the President's Fiscal Year 2025 Budget Request for the U.S. Agency for International Development (Appropriations)

Administrator for USAID Samantha Power is testifying

Wednesday Hearings

Examining the State of Air Quality Monitoring Technology (Environment & Public Works)

Sunny Places for Shady People: Offshore Tax Evasion by the Wealthy and Corporations (Budget)

MOHELA’s Performance as a Student Loan Servicer (Banking, Housing, & Urban Affairs)

Building Blocks for Success: Investing in Early Childhood Education (Joint Economic Committee)

The Role of Child Care Small Businesses in Supporting Parents and the American Workforce (Small Business & Entrepreneurship)

A Review of the President's Fiscal Year 2025 Budget Request for the Department of Homeland Security (Appropriations)

Secretary of Homeland Security Alejandro Mayorkas is testifying

FY2025 U.S. Agency for International Development Budget Request (Foreign Relations)

Administrator for USAID Samantha Power is testifying

Thursday Hearings

Countering Transnational Criminal Networks and Corruption in the Western Hemisphere (Foreign Relations)

Bolstering Chronic Care through Medicare Physician Payment (Finance)

FISA

After returning from a two-week recess, lawmakers will have to act on Section 702 of the U.S. Foreign Intelligence Surveillance Act (FISA), a surveillance law allowing the U.S. government to spy on foreign individuals outside of the U.S., including collecting phone calls, texts, and emails without a warrant. This authority expires on April 19, 2024. Section 702 was originally set to expire at the end of 2023, but lawmakers passed a four-month extension as part of the National Defense Authorization Act (NDAA). A transparency report by the Office of the Director of National Intelligence found that warrantless searches of U.S. residents’ communications by the FBI topped 119,383 in 2022. Accordingly, lawmakers have proposed FISA updates to protect Americans’ privacy. Last November, Sen. Ron Wyden (D-OR), Sen. Mike Lee (R-UT), Rep. Warren Davidson (R-OH-08) and Rep. Zoe Lofgren (D-CA-18) introduced the bipartisan, bicameral Government Surveillance Reform Act, which would reauthorize FISA Section 702 with reforms to protect Americans’ privacy rights. Specifically, the bill would require intelligence agencies to obtain a warrant to search and collect Americans’ communications from intelligence databases. Instead, the House is expected to take up a bill this week that would reauthorize Section 702 and restrict FBI searches of Americans’ data. However, it does not require intelligence agencies to obtain a warrant before conducting such searches.

Speaker Johnson urges competing factions to back House’s FISA bill (The Hill)
What’s Next for Reforming Section 702 of the Foreign Intelligence Surveillance Act (Brennan Center)

Ukraine Aid

In February, Senators passed a $95 billion package that would provide $60.1 billion for Ukraine, $14.1 billion for Israel, $9.2 billion for humanitarian assistance, and $4.8 billion to support the Indo-Pacific. Now, House Speaker Mike Johnson has indicated that he’s ready to move the package, but the path forward remains unclear. According to public reporting, Speaker Johnson is considering including other provisions to win support from the divided Republican conference, such as structuring aid to Ukraine as a loan or attaching the REPO Act, which would seize Russian assets and use the money for Ukraine assistance. Another option being considered is separating Ukrainian aid from Israel, and voting on funding for each country separately.

House Speaker Mike Johnson remains undecided on best path ahead on Ukraine aid (CNN)
Congress needs answers before sending more aid to Ukraine (Responsible Statecraft)
US House Republican infighting threatens to further delay Ukraine aid package (Reuters)

SCOTUS Watch: SCOTUS Watch: Moyle v. United States

On April 24, 2024, the Supreme Court will hear oral arguments in Moyle v. United States, a case that examines the conflict between state-level abortion bans and federal healthcare requirements. The case stems from Idaho's strict abortion law and its potential violation of the Emergency Medical Treatment and Labor Act (EMTALA), which mandates that hospitals provide necessary stabilizing treatment for any emergency medical condition. The plaintiffs, including healthcare providers and patients, argue that Idaho's law illegally restricts access to abortion in medical emergencies, conflicting with EMTALA's directive that hospitals must offer such care when it is necessary to stabilize the patient's condition. The case asks whether federal law preempts state-imposed abortion bans in the context of emergency medical care. The Supreme Court's decision has the potential to significantly impact not only the legal landscape surrounding abortion rights but also the operational realities healthcare providers face and access to emergency medical care for pregnant individuals across the country.