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DC Download 07.17.2023

Congress is two weeks away from their month-long August recess and both chambers have full agendas. Having advanced the must-pass NDAA last week, House lawmakers are now turning their attention to the must-pass bill reauthorizing the FAA. At the same time, the House will also consider a bill to cut funding for schools that shelter immigrants and may consider resolutions ending emergency orders implemented during the Bush and Obama administrations. Meanwhile, Senators are considering their version of the NDAA. 

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The People vs. SCOTUS: Understanding the 2023 Supreme Court Term

The conservative supermajority in the U.S. Supreme Court has finished another term where basic rights and protections hung in the balance. We’ll take stock of what’s happened and explore what this term’s rulings mean for Congress and for all of our civil rights. Join the Progressive Caucus Action Fund for a Tools for Progress briefing: “The People vs. SCOTUS: Understanding the 2023 Supreme Court Term” on Thursday, July, 27th at 1pm ET. You can register here. 

 

 

House Floor

The House will vote on four suspension bills from the Committees on the Judiciary and Energy & Commerce. 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. 3941 - Schools Not Shelters Act (Sponsored by Rep. Molinaro / Education and the Workforce Committee): The bill would prohibit public elementary or secondary schools and institutions of higher education that receive federal funding from providing shelter or housing for undocumented immigrants. 

H.R. 3935 - Securing Growth and Robust Leadership in American Aviation Act (Sponsored by Rep. Graves (MO) / Transportation and Infrastructure Committee): The bill would authorize the Federal Aviation Administration (FAA) to receive $104 billion for core FAA operations and programs, $1.4 billion for the Essential Air Service program supporting smaller airports, and $1.3 billion for FAA research and development. The bill would also reauthorize the National Transportation Safety Board (NTSB) at $753 million through FY 2028. The bill addresses several areas, including pilot staffing, passenger rights, and safety enhancements.

The House may also consider the following resolutions: 

H.J. Res. 68 - Relating to a national emergency declared by the President on October 27, 2006 (Sponsored by Rep. Boebert / Foreign Affairs Committee): The resolution would end an emergency order related to the Democratic Republic of the Congo from Executive Order 13413 signed by President Bush in October 2006.

H.J. Res. 70 - Relating to a national emergency declared by the President on February 25, 2011 (Sponsored by Rep. Gosar / Foreign Affairs Committee): The resolution would end an emergency order related to Libya from Executive Order 13566 issued by President Obama in February 2011.

H.J. Res. 74 - Relating to a national emergency declared by the President on May 16, 2012 (Sponsored by Rep. Gosar / Foreign Affairs Committee): The resolution would end an emergency order related to Yemen from Executive Order 13611, which Obama issued in May 2012. 

H.J. Res. 71 - Relating to a national emergency declared by the President on May 22, 2003 (Sponsored by Rep. Crane / Foreign Affairs Committee): The resolution would end an emergency order relating to Iraq from Executive Order 13303, which President Bush signed in May 2003.

H.J. Res. 79 - Relating to a national emergency declared by the President on May 11, 2004 (Sponsored by Rep. Gaetz / Foreign Affairs Committee): The resolution would end an emergency order related to Syria from Executive Order 13338, which President Bush issued in May 2004. 

House Committee Highlights

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

Tuesday Hearings

Man and Machine: Artificial Intelligence on the Battlefield (Armed Services)

American Nuclear Energy Expansion: Updating Policies for Efficient, Predictable Licensing and Deployment (Energy & Commerce)

Oversight of the SEC’s Division of Corporation Finance (Financial Services) 

Is There a Right to Repair? (Judiciary)

The Dire State of Religious Freedom Around the World (Foreign Affairs)

Examining Emerging Threats to Electric Energy Infrastructure (Energy & Commerce)

Markup of Fiscal Year 2024 Transportation, Housing and Urban Development, and Related Agencies Bill (Appropriations)

Wednesday Hearings

Markup of Fiscal Year 2024 Interior, Environment, and Related Agencies Bill (Appropriations)

Case Closed: Republicans Only Care About Impeaching Secretary Mayorkas, Part 2 (Homeland Security)  

Oversight of the U.S. Capitol Police Office of Inspector General (House Administration)

Thursday Hearings

The Biden Administration's PRC Strategy (Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party)

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

 

 

Senate Floor

S.2226 - National Defense Authorization Act for Fiscal Year 2024: On Tuesday, the Senate is expected to consider its version of the FY2024 NDAA. So far, Senators have submitted hundreds of amendments including the declassification of government records related to UFOs and allowing Members of Congress to censor public information that could make it difficult for journalists and citizens to obtain information on wealthy donors who provide luxury trips and gifts to some public servants. Like the House, the Senate NDAA includes a topline of $886 billion. The House passed their version of the NDAA last week by a 219-210 vote, which included many poison pill amendments attacking reproductive rights, DEI, and LGBTQ+ rights. The Biden Administration has stated the President will not support an extreme right-wing NDAA.

Nominations 

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

  • Rachel Bloomekatz, of Ohio, to be United States Circuit Judge for the Sixth 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

A Review of the Fiscal Year 2024 Budget for the U.S. Securities and Exchange Commission (Appropriations)

Trends in Vertical Merger Enforcement (Judiciary)

Rural Water: Modernizing our Community Water Systems (Agriculture, Nutrition, & Forestry)

Thursday Hearings 

Laying the Foundation: Housing Accessibility and Affordability for Older Adults and People with Disabilities (Aging)

The Water Resources Development Act of 2024: Non-Federal Stakeholder Views (Environment & Public Works)

The Cost of Inaction and the Urgent Need to Reform the U.S. Transplant System (Finance)

Perspectives on Deposit Insurance Reform after Recent Bank Failures (Banking, Housing, & Urban Affairs)

America’s Supply Chain Security: Understanding & Mitigating Threats (Homeland Security & Governmental Affairs)

 

 

Supreme Court Ethics Reform

 Earlier this year, efforts to modernize Supreme Court ethics rules gained new momentum following the reports of undisclosed gifts and travel by Justices Clarence Thomas and Samuel A. Alito Jr. In April, Chief Justice John Roberts declined an invitation to testify in front of the Senate Judiciary Committee, citing concerns with separation of powers and judicial independence. Now, the Senate Judiciary Committee is set to consider S. 359, the Supreme Court Ethics, Recusal, and Transparency Act of 2023, which would mandate stricter ethical standards, financial disclosure rules, and recusal norms for Supreme Court Justices. While the bill is expected to advance out of committee, it’s future beyond that is uncertain. The bill would need at least 60 votes to bypass the filibuster on the Senate floor. 

SCOTUS Aftermath: Biden v. Nebraska and Department of Education v. Brown

These two cases challenged President Biden’s student debt relief program, which would provide debt relief for up to $10,000 for most borrowers and up to $20,000 to borrowers who received Pell Grants. The cases were brought by a group of conservative states and by two borrowers. Arguments concerned whether Congress intended to give the president broad authority to provide debt relief in the HEROES Act and whether the challengers had standing to challenge the program—in other words, whether they could prove that they were harmed by the Biden Administration providing relief to the up to 40 million people burdened by student debt who could benefit from the program. Last month, in Department of Education v. Brown, the Supreme Court ruled in a unanimous decision that the plaintiffs lacked standing to assert a challenge to the debt-forgiveness plan. However, in Biden v. Nebraska, the Supreme Court ruled in a 6-3 decision that the president does not have the authority under the HEROES Act to establish a student loan forgiveness program and struck down the effort. Following the decision, President Biden last week announced that his administration would cancel $39 billion in federal student loans for some borrowers by recognizing payments made under income-driven repayment plans as qualifying towards loan forgiveness. Additionally, they are introducing the SAVE plan, which will reduce monthly payments for some borrowers and forgive remaining debt after 10 years of payments.

 

 

July 19: 175th Anniversary of Women’s Rights Convention at Seneca Falls

July 19-September 4: Senate is out of session

July 26: 33rd Anniversary of the Americans with Disabilities Act

July 27: The People vs. SCOTUS: Understanding the 2023 Supreme Court Term

July 29-September 11: House is out of session

July 30: 58th Anniversary of Medicare and Medicaid