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DC Download 07.24.2023

Congress is only a few days away from a month-long August recess. House lawmakers are aiming to pass two of the 12 appropriations bills necessary to fund the government before they leave Washington on Friday. When they return in September, they will only have two weeks to ensure all 12 bills are passed in both chambers and signed into law before the end of the current fiscal year on September 30 or face the possibility of a government shutdown. Similarly, Senators are still considering the NDAA for Fiscal Year 2024 and hope to pass it before they leave D.C. on Friday. 

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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. 

PCAF Toolkit: Building Clean Energy, Creating Jobs & Lowering Costs: Highlighting the IRA During August Recess 

The Progressive Caucus Action Fund just released a Member toolkit to help Congressional offices highlight the Inflation Reduction Act during the August recess and share information with the public about how the law can help build clean energy, create jobs, and lower costs. You can find our Member toolkit—including messaging guidance, talking points, opportunities for constituent engagement, and more—here.

Thanks to the Inflation Reduction Act's Direct Pay program, for the first time ever, cities, counties, schools, hospitals, houses of worship, and more can get funding for renewable energy projects that lower costs, protect the air we breathe and the water we drink, and create good-paying jobs. 

By highlighting this program during the August recess, Members can demonstrate how their work in Washington directly and positively impacts their constituents. 

We hope offices will make use of this toolkit to ensure that the public has all the tools it needs to take full advantage of funding opportunities in the IRA! 

 

 

House Floor

The House will vote on 13 suspension bills from the Committees on Foreign Affairs, Transportation & Infrastructure, Energy & Commerce, and Homeland Security. 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. 4366 – Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2024, and for other purposes. (Sponsored by Rep. Carter (TX) / Appropriations Committee): The bill provides $155.7 billion for Military Construction-Veterans Affairs (MilCon-VA) for Fiscal Year 2024. The bill features policy provisions that block funds for abortions, gender-affirming care, diversity, equity, and inclusion (DEI) training activities, and the promotion of “critical race theory.”

H.R. 4368 – Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2024, and for other purposes (Sponsored by Rep. Harris / Appropriations Committee): The bill provides $25.3 billion for the USDA, FDA, and related agencies for Fiscal Year 2024, marking a reduction of $532 million from 2023 and $3.6 billion less than the White House's request. The bill would also overrule the FDA's decision to allow pharmacies to dispense mifepristone, a drug used in medication abortion, and would prohibit funding for programs promoting “critical race theory.” The bill would also allow discrimination against same-sex married couples and prohibit funds to carry out or enforce several Biden administration executive orders to advance diversity, equity, and inclusion (DEI), including the creation of an Office of the Chief Diversity and Inclusion Officer.

The House may also consider the following resolutions: 

S. J. Res. 9 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status with Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment" (Sponsored by Sen. Marshall / Natural Resources Committee): The resolution would block a rule from the US Fish and Wildlife Service that lists two distinct populations of the lesser prairie chicken as endangered and threatened under the Endangered Species Act (ESA). This rule, which came into effect on March 27, designates the southern segment of the species, found in parts of New Mexico and Texas, as endangered, and the northern segment, residing in parts of Texas, Oklahoma, Colorado, and Kansas, as threatened.

S. J. Res. 24 – A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat" (Sponsored by Sen. Mullin / Natural Resources Committee): The resolution would block a rule issued by the US Fish and Wildlife Service on November 30, 2023 that upgrades the status of the northern long-eared bat from a threatened species to an endangered one under the ESA. The northern long-eared bat was classified as a threatened species in 2015 and is now said to be facing extinction due to the effects of white-nose syndrome, a lethal disease caused by a fungal pathogen.

House Committee Highlights

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

Wednesday Hearings

Oversight of the U.S. Department of Homeland Security (Judiciary)

  • Secretary of Homeland Security Alejandro Mayorkas is testifying

Unidentified Anomalous Phenomena: Implications on National Security, Public Safety, and Government Transparency (Oversight & Accountability)

Stopping the Exploitation of Migrant Children: Oversight of HHS' Office of Refugee Resettlement (Energy & Commerce)

Oversight of the Capitol Police Board (House Administration)

Thursday Hearings

Safeguarding American Jobs and Economic Growth: Examining the Future of the Offshore Leasing Program (Natural Resources)

VA Disability Exams: Are Veterans Receiving Quality Services (Veterans’ Affairs)

 

 

Senate Floor

S. 2226 - National Defense Authorization Act for Fiscal Year 2024: The Senate this week is continuing to consider this year’s NDAA. Senators have submitted hundreds of amendments including the declassification of government records related to UFOs and allowing Members of Congress to censor public 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. The House bills 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.

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

Hearing to Examine Opportunities for Congress to Reform the Process for Permitting Electric Transmission Lines, Pipelines, and Energy Production on Federal Lands (Energy & Natural Resources)

Taking Account of Fees and Tactics Impacting Americans' Wallets (Banking, Housing, & Urban Affairs)

Beyond the Breaking Point: The Fiscal Consequences of Climate Change on Infrastructure (Budget)

Pathways to Women’s Entrepreneurship: Understanding Opportunities and Barriers (Small Business and Entrepreneurship)

Cleaner Trains: Opportunities for Reducing Emissions from America’s Rail Network (Environment & Public Works)

Oversight of the Capitol Police Board (Rules & Administration)

Thursday Hearings 

Solutions for Single-Use Waste: Expanding Refill and Reuse Infrastructure (Environment & Public Works)

The Economic Impact of Diabetes (Joint Economic Committee)

 

 

SCOTUS Aftermath: 303 Creative LLC v. Elenis

 Last month, the Supreme Court ruled in favor of the plaintiff in 303 Creative LLC v. Elenis. The plaintiff, a graphic designer who had never actually refused a client, challenged a Colorado law that prohibited businesses from discriminating against LGBTQ+ customers. Unlike previous court cases like Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission that relied on religious freedom arguments to allow discrimination against same-sex couples, the plaintiff in this case argued that the First Amendment’s protections around freedom of speech and expression prohibited the government from forcing individuals to send a “message” that they do not support—in this case, by making a website. Now that the Supreme Court has permitted“expressive” businesses to discriminate against LGBTQ+ people, other businesses may use this case as license to deny services to individuals under the guise of freedom of speech and expression. In fact, following the Supreme Court’s ruling, a hairdresser in Michigan posted on social media that they would deny service to LGBTQ+ clients, advising them to “seek services at a local pet groomer.” 

 

 

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