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DC Download 11.18.2024

Welcome to the first post-election DC Download! The results are (mostly) in: Donald Trump will be President, J.D. Vance will be Vice President. Republicans will control both chambers of Congress with slim majorities. In the House, five races remain undecided. Adding to the uncertainty, Trump’s selection of three House members—now-former Rep. Matt Gaetz (R-FL), House GOP Conference Chair Elise Stefanik (R-NY), and Rep. Mike Waltz (R-FL)—for his cabinet will trigger vacancies that could further trim Republicans’ narrow House margin.

Senate Majority Leader-elect John Thune (R-SD) and House Speaker Mike Johnson (R-LA) expressed eagerness to support an aggressive agenda in the first 100 days. Additionally, both leaders have signaled an openness to supporting recess appointments for Trump nominees, though a small group of GOP Senators could derail this controversial plan. Before that, though, they’ll need to get through President Biden’s final months in office.

Table of Contents:

SCOTUS Watch

The Progressive Caucus Action Fund just released a Supreme Court preview for the 2024-2025 term. The Supreme Court is considering several cases that have the potential to shape our society and legal landscape. From LGBTQ+ discrimination to ghost guns and police use of force, the Court's decisions have the power to impact individuals and communities across the nation. You can read more about the upcoming cases for this term here.

House Floor

The House will vote on 15 suspension bills from the Committees on Oversight & Accountability, Veterans’ Affairs, and Foreign Affairs. Suspension bills require a ⅔ majority to pass. For a list of all suspension bills being considered, click here.

This week the House will also consider the following bills, subject to a rule:

H.R. 1449 – CLEAN Act (Sponsored by Rep. Fulcher / Natural Resources Committee) This bill requires the Department of the Interior to hold lease sales every year (current law is two years) in states with land areas nominated for geothermal development and utilization. If a lease is canceled or delayed, the Interior would be required to conduct a replacement sale during the same year. The bill would also establish notification deadlines for consideration of geothermal drilling permits.

H.R. 9495 – Stop Terror-Financing and Tax Penalties on American Hostages Act (Sponsored by Rep. Tenney / Ways and Means Committee)

The House will reconsider this bill that would postpone tax filings for U.S. nationals and their spouses who are unlawfully detained abroad, and allow for a refund of any paid tax penalties and fines. The bill would also grant the Treasury Secretary unilateral authority to investigate and revoke the tax-exempt status of any nonprofit accused of “supporting” terrorism. The bill does not require administration officials to explain or substantiate claims against nonprofits with evidence. As a result, the bill could hand the administration a potent tool to silence critics. The bill failed to pass the House under suspension of the rules last week.

House Committee Highlights

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

Tuesday Hearings

In the Eye of the Storm: Oversight of FEMA's Disaster Readiness and Response (Committee on Transportation and Infrastructure)

Impacts of Emergency Authority Cybersecurity Regulations on the Transportation Sector (Committee on Homeland Security)

Republican Hearing on the Border (Committee on Homeland Security)

Oversight of the Federal Emergency Management Agency (Committee on Oversight and Accountability)

FEMA Administrator Deanne Criswell is testifying

Wednesday Hearings

VA Cybersecurity: Protecting Veteran Data from Evolving Threats (Committee on Veterans’ Affairs)

Worldwide Threats to the Homeland (Committee on Homeland Security)

Homeland Secretary Alejandro Mayorkas is testifying
FBI Director Christopher Wray is testifying
Counterterrorism Acting Director Brett Holmgren is testifying

Investigating the Crisis of Missing and Murdered Indigenous Women (Committee on Appropriations)

Meeting the Challenges of Global Brain Health: Diagnosis and Treatment for the 21st Century (Committee on Foreign Affairs)

Life After Limb Loss: Examining VA Amputee Prosthetics Care (Committee on Veterans' Affairs)

Senate Floor

S.J. Res. 111 (Sponsored by Sen. Sanders) - A joint resolution providing for congressional disapproval of the proposed foreign military sale to the Government of Israel of certain defense articles and services [Expected].

Nominations

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

Embry J. Kidd, of Florida, to be United States Circuit Judge for the Eleventh Circuit
Mustafa Taher Kasubhai, of Oregon, to be District Judge for the District of Oregon
Sarah French Russell, of Connecticut, to be District Judge for the District of Connecticut
Rebecca L. Pennell, of Washington, to be District Judge for the Eastern District of Washington

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

Breaking the Visa-Mastercard Duopoly: Bringing Competition and Lower Fees to the Credit Card System (Judiciary)

Big Hacks & Big Tech: China’s Cybersecurity Threat (Judiciary)

Building on the Success of TCJA: The 2025 Tax Policy Debate (Joint Economic Committee)

Protecting Consumers from Artificial Intelligence Enabled Fraud and Scams (Commerce)

Wednesday Hearings

A Review of Disaster Funding Needs (Appropriations)

Transportation Secretary Pete Buttigieg is testifying
SBA Administrator Isabel Guzman is testifying
FEMA Administrator Deanne Criswell is testifying

Tax Policy in 2025: Implications for the American Economy (Banking, Housing, Urban Affairs)

Thursday Hearings

Threats to the Homeland (Homeland Security)

Homeland Secretary Alejandro Mayorkas is testifying
FBI Director Christopher Wray is testifying
Counterterrorism Acting Director Brett Holmgren is testifying

Trump Recess Appointments

As President-elect Donald Trump announces his Cabinet picks, he has called on Republican lawmakers to allow recess appointments during his second term. Recess appointments allow a nominee appointed by the President to forgo the mandatory Senate confirmation process while the Senate recesses. Given deep concerns over the qualifications, judgment, and ethics of some of Trump’s cabinet picks, recess appointments could ensure the placement of nominees who might otherwise fail to garner sufficient Senate votes (51 of 100). On top of usurping the Senate’s power to block unfit nominees, the change would consolidate more power within the executive branch and weaken America’s system of checks and balances.

Joint Resolutions of Disapproval

This week, the Senate is expected to vote on Joint Resolutions of Disapproval (JRD) to block a $20 billion arms sale to Israel. The resolutions were introduced by Sens. Sanders (I-VT), Welch (D-VT), Merkley (D-OR), and Schatz (D-HI). The vote comes after a letter Secretary of State Antony Blinken and Secretary of Defense Lloyd Austin sent to Israeli leaders on October 13, demanding that the Israeli government take measures to improve the humanitarian crisis in Gaza within 30 days, or risk violating U.S. laws governing foreign military assistance. U.S. law prohibits arms sales to any country that violates human rights or blocks the delivery of humanitarian aid. As conditions in Gaza worsen and infectious diseases continue to spread, experts have warned that famine in Northern Gaza is imminent without a rapid surge in humanitarian aid.

Biden Lame Duck Push

In the remaining days of Biden’s presidency, Biden-Harris officials have signaled that the Administration will continue to make pushes on foreign policy, including supporting more aid to Ukraine and reaching a ceasefire deal in Gaza. Senate Democrats are looking to press forward with confirming Biden’s judicial picks, for which two dozen nominees still remain. Other stakeholders have urged the President to consider additional opportunities to leverage his authority before the transition, including on criminal justice.