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DC Download 05.20.2024

Lawmakers are knee-deep in the appropriations process as administration officials continue to appear before relevant committees to defend President Biden's budget proposal for the next fiscal year. On the House side, lawmakers this week are also considering bills that would regulate digital assets and bar noncitizens from voting in some local elections in Washington, D.C. Meanwhile, Senators are expected to consider immigration legislation that Republicans blocked earlier this year.

Table of Contents:

No matter who you are or where you live, most of us pitch in to help each other out. But billionaires and big corporations are getting richer and richer while we’re living paycheck to paycheck. They try to fool us into thinking there’s not enough funding to go around while they rig our tax code, flood our elections with dark money, and pocket record-breaking profits. We’re not falling for their lies. We know our work creates the wealth they take.

When we come together, as we have in the past, we can build a fair tax code that funds the things our communities need like the child tax credit, good schools, affordable healthcare, paid family and medical leave, and housing.

Messaging guides and tools:

Your Federal Income Tax Receipt: Exploring the Federal Budget, National Priorities Project
Messaging Guide: Who Pays Taxes?, Patriotic Millionaires
Fund Our Future: Digital Toolkit, We Make the Future
The Billionaire Family Business: 50 Billionaire Clans Have Already Spent Over $600 Million on the 2024 Elections, Mostly to Preserve Their Fortunes, Americans for Tax Fairness

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

House Floor

The House will vote on 11 suspension bills from the Committees on Oversight & Accountability, Financial Services, Transportation & Infrastructure, and Ways & Means. 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. 4763 – Financial Innovation and Technology for the 21st Century Act (Sponsored by Rep. Thompson (PA) / Financial Services Committee): The bill would establish a framework for regulating cryptocurrency and other digital assets between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC).

H.R. 192 – To prohibit individuals who are not citizens of the United States from voting in elections in the District of Columbia (Sponsored by Rep. Pfluger / Oversight and Accountability Committee): The bill would prohibit an individual who is not a U.S. citizen from voting in any elections in the District of Columbia. This bill is in response to a D.C. law that allows noncitizens who meet residency and other requirements to vote in local elections.

H.R. 5403 – CBDC Anti-Surveillance State Act (Sponsored by Rep. Emmer / Financial Services Committee): The bill would prohibit the Federal Reserve from issuing a central bank digital currency or using one to implement monetary policy without congressional authorization.

House Committee Highlights

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

Wednesday Hearings

Money is Policy: Assessing Shortcomings in the State Department’s Foreign Assistance Grants Process (Foreign Affairs)

Advancing Innovation (AI): Harnessing Artificial Intelligence to Defend and Secure the Homeland (Homeland Security)

Burdensome Regulations: Examining the Biden Administration’s Failure to Consider Small Businesses (Small Business)

Nutritious Foods in the Supplemental Nutrition Assistance Program (SNAP) (Appropriations)

Hearing on the Weaponization of the Federal Government (Select Subcommittee on the Weaponization of the Federal Government)

Oversight of Our Nation’s Largest Employer: Reviewing the U.S. Office of Personnel Management, Pt. II (Oversight & Accountability)

Big Labor Lies: Exposing Union Tactics to Undermine Free and Fair Elections (Education & the Workforce)

Green Building Policies: Jeopardizing the American Dream of Homeownership (Energy & Commerce)

Budget Hearing – Fiscal Year 2025 Request for the Department of State (Appropriations)

Secretary of the Department of State Antony Blinken is testifying

The State of American Diplomacy in 2024: Global Instability, Budget Challenges, and Great Power Competition (Foreign Affairs)

Secretary of the Department of State Antony Blinken is testifying

Thursday Hearings

Breaking Up Health Care Monopolies: Examining the Budgetary Effects of Health Care Consolidation (Budget)

Oversight of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (Judiciary)

Calling for Accountability: Stopping Antisemitic College Chaos (Education & the Workforce)

Oversight of the U.S. Department of Energy (Oversight & Accountability)

Secretary of Energy Jennifer Granholm is testifying

Budget Hearing – Fiscal Year 2025 Request for the Federal Aviation Administration (Appropriations)

Administrator of the FAA Michael Whitaker is testifying

Nominations

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

Krissa Lanham to be US District Judge for the District of Arizona
Seth Robert Aframe to be United States Circuit Judge for the First 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:

Tuesday Hearings

Child Savings Accounts and Other Tax-Advantaged Accounts Benefiting American Children (Finance)

Ensuring Affordable & Accessible Medications: Examining Competition in the Prescription Drug Market (Judiciary)

An Examination of Prison Labor in America (Judiciary)

Opportunities, Risks, and Challenges Associated with Growth in Demand for Electric Power in the United States (Energy & Natural Resources)

Feeding a Healthier America: Current Efforts and Potential Opportunities for Food is Medicine (HELP)

Fraud Alert!: Shedding Light on Zelle (Homeland Security & Governmental Affairs)

American Diplomacy and Global Leadership: Review of the FY25 State Department Budget Request (Foreign Relations)

Secretary of the Department of State Antony Blinken is testifying

A Review of the President’s Fiscal Year 2025 Budget Request for the U.S. Department of State (Appropriations)

Secretary of the Department of State Antony Blinken is testifying

Wednesday Hearings

Restoring Congressional Oversight over Emergency Powers: Exploring Options to Reform the National Emergencies Act (Homeland Security & Governmental Affairs)

Digging Deeper for Health and Safety: Examining New Standards and Practices in Mining (HELP)

Protecting Consumers’ Pocketbooks: Lowering Food Prices and Combatting Corporate Price Gouging and Consolidation (Banking, Housing & Urban Affairs)

Examining Public Safety and Justice Resources in Native Communities (Indian Affairs)

Droughts, Dollars, and Decisions: Water Scarcity in a Changing Climate (Budget)

Thursday Hearings

The Older Americans Act: The Local Impact of the Law and the Upcoming Reauthorization (Aging)

Front Lines of the Fentanyl Crisis: Supporting Communities and Combating Addiction through Prevention and Treatment (Finance)

A Review of the President’s Fiscal Year 2025 Budget Request for Indian Country (Appropriations)

A Review of the President’s Fiscal Year 2025 Budget Request for the National Institutes of Health (Appropriations)

Appropriations

Lawmakers have been busy with the appropriations process since President Joe Biden released his administration's budget proposal for Fiscal Year (FY) 2025 in March. Last week, House Appropriations Committee Chairman Tom Cole (OK-04) released the interim subcommittee allocations, also known as 302(b)s, for FY 2025. The allocations propose a six percent cut to nondefense programs, with some subcommittees like Labor-Health and Human Services-Education, Financial Services-General Government, and State-Foreign Operations receiving significant cuts of 10-11 percent. The allocations also propose an increase of nearly $9 billion for defense and fund Homeland Security above the president’s budget request. Following the release of 302(b) allocations, Chairman Cole also released the markup schedule for the FY 2025 appropriations bills, with the first markup scheduled for this week. The Appropriations Committee is expected to finish markups July 10, 2024. Lawmakers have until September 30, 2024 to pass all 12 appropriations bills or a stopgap spending bill, as Congress did four times for FY 2024. Without one of these actions, the government will shut down.

Fact Sheet (Ranking Member Rosa DeLauro)
Cole Previews Interim Fiscal Year 2025 Subcommittee Allocations (Appropriations)
Cole Releases Fiscal Year 2025 Markup Schedule (Appropriations)
The Executive Budget Process Timeline: In Brief (CRS)

Senate Immigration Bill

Over the weekend, Senate Majority Leader Chuck Schumer announced that the Senate this week will consider the immigration proposal that was blocked in February. The bill, originally negotiated by Senators James Lankford (R-OK), Chris Murphy (D-CT), and Kyrsten Sinema (I-AZ), would overhaul the U.S. immigration and asylum process by, among other things:

Introducing a new emergency authority to shut down the border if Border Patrol encounters a specific number of migrants
Raising the credible fear standard during interviews for claims, making it harder for migrants to claim asylum
Requiring asylum seekers be processed within 90 days at the cost of due process
Ending so-called "catch and release," mandating detention for migrants or their deportation
Allowing migrants who pass initial screenings to work in the U.S. while awaiting claim adjudication
Providing 50,000 new employment and family-based visas per year for five years.

Earlier this year, the Senate blocked a procedural motion to begin consideration of the border package by a 49-50 vote when Republican lawmakers soured on the deal after former President Donald Trump came out against the agreement. The bill is expected to fail again this week.

Dear Colleague (Majority Leader Schumer)
Senate supplemental funding bill is an affront to refugee protection (NIJC)
Analysis of Asylum Provisions in Emergency National Security Supplemental Appropriations Act, 2024 (Human Rights First)
An Analysis of the Senate Border Bill (American Immigration Council)
Immigration advocates urge Schumer to abandon reconsideration of border deal (The Hill)

SCOTUS Watch: Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited

On October 3, the Supreme Court heard oral arguments in Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America, Limited (CFSA), a case that concerned the constitutionality of the CFPB’s funding structure. Congress created the CFPB following the 2008 financial crisis to regulate financial institutions and track consumer complaints. The law creating the CFPB directs the Federal Reserve—not Congress’ annual appropriations process—to fund the agency. The plaintiffs, which represent pay-day lenders, argued that this funding structure violates the Constitution’s appropriations clause, which says “[n]o money shall be withdrawn from the Treasury, but in Consequence of Appropriations made by Law.” Last Thursday, the Supreme Court, in a 7-2 decision, rejected the plaintiffs’ arguments and held that the CFPB funding structure fits within the historical context of legislative appropriations. Justice Clarence Thomas, writing for the majority, emphasized that Congress specified the funding source and how it should be used. Justices Samuel Alito and Neil Gorsuch dissented, arguing that the funding structure circumvents the Constitution and undermines legislative control over federal expenditures.