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DC Download 12.11.2023

Lawmakers have a full to-do list with only a few days before they leave D.C. and officially wrap up the first session of the 118th Congress. House members are considering the defense authorization bill, a resolution to formalize an impeachment inquiry into President Biden, as well as competing bills that would reauthorize the government’s controversial spying program. Senators are also considering the defense authorization bill and advancing nominations. 

This DC Download will be the last of 2023. We wish all of our subscribers a happy and healthy 2024 and appreciate your readership.

Table of Contents:

 

 

Most of us believe that everyone, no matter who they are or where they live, should have the freedom to decide if, when, and how to become a parent or grow our families. But the Supreme Court’s devastating decision to overturn Roe v. Wade throws out 50 years of constitutional protection for abortion care and puts millions of people who need abortion care at risk. This is just the latest attack in a decades long plot to demonize and criminalize people who seek abortion care and attack access to contraception, sex education, and all of our fundamental freedoms. 

We will keep fighting until every person, no matter where we live, how much money we make, or what we look like, has the freedom to make our own decisions about our lives and futures.

Messaging guides and tools:

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

 
 

House Floor

The House will vote on 14 suspension bills from the Committees on Judiciary, House Administration, Natural Resources, Financial Services, Homeland Security, Transportation & Infrastructure, 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. 6570 – Protect Liberty and End Warrantless Surveillance Act (Sponsored by Rep. Biggs / Judiciary Committee): The bill would reauthorize Section 702 of the Foreign Intelligence Surveillance Act for three years and require all intelligence agencies to obtain a warrant before conducting database searches of any U.S. person. 

H.R. 6611 – FISA Reform and Reauthorization Act of 2023 (Sponsored by Rep. Turner / Intelligence Committee): The bill would reauthorize Section 702 of the Foreign Intelligence Surveillance Act for eight years and prohibit intelligence agencies from conducting database searches to find evidence for a crime. The bill would also cut the number of authorized personnel for database searches by 90 percent, among other policy changes. 

H.R. 1147 – Whole Milk for Healthy Kids Act of 2023 (Sponsored by Rep. Thompson / Education & the Workforce Committee): The bill would revise the National School Lunch Program's requirements for milk by expanding the current requirement for schools to provide only fat-free or low-fat milk to include whole milk. Additionally, the bill would exempt milk from the average saturated fat content calculations for program meals, and under this change, milk fat would not be classified as saturated fat in assessing compliance with USDA nutrition regulations. 

H.R. 357 – Ensuring Accountability in Agency Rulemaking Act (Sponsored by Rep. Cline / Judiciary Committee): The bill would require all agency rules promulgated under notice and comment procedures to be issued and signed by an individual who was appointed by the President and confirmed by the Senate.

H.Res. 918 – Directing certain committees to continue their ongoing investigations as part of the existing House of Representatives inquiry into whether sufficient grounds exist for the House of Representatives to exercise its Constitutional power to impeach Joseph Biden, President of the United States of America, and for other purposes. (Sponsored by Rep. Armstrong / Rules Committee): The resolution directs the Committee Chairs of Oversight and Accountability, Ways and Means, and the Judiciary to continue their impeachment inquiry of President Joe Biden, and officially authorizes their subpoena power. 

Conference report to accompany H.R. 2670 – National Defense Authorization Act for Fiscal Year 2024 (Sponsored by Rep. Rogers (AL) / Armed Services Committee) This bill authorizes $886 billion in military spending. It will require the Pentagon to create a program tasked with developing the Nuclear-Armed Sea-Launched Cruise Missile, require any Pentagon agency to return 1.5 percent of its budget to the Treasury Department if that agency fails an audit, and reauthorize Section 702 of FISA – without reforms – for a short period. The bill addresses other matters related to military activities and policies, as well as domestic issues.

House Committee Highlights

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

Tuesday Hearings

Restricting Rogue-State Revenue: Strengthening Energy Sanctions on Russia, Iran, and Venezuela (Financial Services)

Looking Ahead Series: Oversight of the Smithsonian Institution (House Administration) 

Addressing the Scourge of Anti-Semitism in Europe (Foreign Affairs)

F-35 Acquisition Program Update (Armed Services)

From Festive Cheer to Retail Fear: Addressing Organized Retail Crime (Homeland Security)

Wednesday Hearings

Moving the Money Part 2: Getting Answers from the Biden Administration on the Iranian Regime’s Support of Terrorism (Financial Services)

Oversight of the Infrastructure Investment and Jobs Act: Modal Perspectives (Transportation & Infrastructure)

Proposals for a Water Resources Development Act of 2024: Stakeholder Priorities (Transportation & Infrastructure)

Digital Copyright Piracy: Protecting American Consumers, Workers, and Creators (Judiciary)

 

 

Senate Floor

Conference report to accompany H.R. 2670 – National Defense Authorization Act for Fiscal Year 2024 (Sponsored by Rep. Rogers (AL) / Armed Services Committee) This bill authorizes $886 billion in military spending. It will require the Pentagon to create a program tasked with developing the Nuclear-Armed Sea-Launched Cruise Missile, require any Pentagon agency to return 1.5 percent of its budget to the Treasury Department if that agency fails an audit, and reauthorize Section 702 of FISA – without reforms – for a short period. The bill addresses other matters related to military activities and policies, as well as domestic issues.

Nominations

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

  • Harry Coker, Jr., of Kansas, to be National Cyber Director

  • Richard E.N. Federico, of Kansas, to be United States Circuit Judge for the Tenth 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

Communities in Crisis: What Happens When Disaster Recovery Funds are Delayed (Appropriations)

Coast Guard Academy Whistleblowers:  Stories of Sexual Assault and Harassment (Homeland Security & Governmental Affairs)

Cleaning Up the C-Suite: Ensuring Accountability for Corporate Criminals (Judiciary)

Oversight of the U.S. Government Publishing Office (Rules & Administration)

Wednesday Hearings 

The New Invisible Hand? The Impact of Algorithms on Competition and Consumer Rights (Judiciary)

Government Promotion of Safety and Innovation in the New Space Economy (Commerce, Science, & Transportation)

Thursday Hearings

Understanding a Growing Crisis: Substance Use Trends Among Older Adults (Aging)

What is Fueling the Diabetes Epidemic? (HELP)

Protecting the Human Rights of Foster Children (Judiciary)

 

 

Emergency Security Package and Asylum Negotiations

In October, the White House requested a $106 billion emergency security package to aid Ukraine and Israel primarily, among other things. The package would provide $61.4 billion to support Ukraine, $14.3 billion to support the Israeli military, and $9.15 billion for humanitarian efforts across the world, including Gaza. With Congress adjourning for the rest of the year at the end of the week, lawmakers might not deliver the president’s supplemental request. Negotiators are at a standstill over several extreme immigration policies that would end the U.S. asylum system as we know it. Public reporting indicates that policies being negotiated include heightening the standard for initial asylum screenings that would make it more difficult for asylum seekers to pass their screenings, codifying a Trump-era "safe third country" policy that would deny asylum to migrants who pass through another country, and expanding expedited removal nationwide, a fast-track deportation process. In statements, Congressional Hispanic Caucus (CHC) Chair Nanette Diaz Barragán called the inclusion of anti-immigrant provisions a “non-starter and categorically unacceptable,” and asserted that the bill would face opposition from the CHC. Congressional Progressive Caucus (CPC) Chair Pramila Jayapal also maintained that the majority of CPC members would oppose the bill if it included anti-immigrant policies. 

Government Funding

Last month, Congress passed a stopgap continuing resolution (CR) to keep some government agencies funded through January 19 and others through February 2. While the new timeline should provide lawmakers ample time to pass the necessary bills to keep the government open, House Speaker Mike Johnson has suggested extending the current CR through FY2024. However, appropriators from both parties have panned this idea, with Senate Appropriations Chair Patty Murray (D-WA) calling it “unprecedented and reckless.” The Fiscal Responsibility Act (FRA), which Congress passed last summer to suspend the debt ceiling, capped federal spending for FY2024 and 2025. A full-year CR would put FY2024 nondefense spending $73 billion above the FRA cap, forcing the Office of Management and Budget (OMB) to reduce nondefense spending across the board by $73 billion. According to the Senate Appropriations Committee, such indiscriminate cuts could take away key services and supports families depend on. 

SCOTUS Watch: Acheson Hotels, LLC v. Laufer 

On October 4, the Supreme Court heard oral arguments in Acheson Hotels, LLC v. Laufer, concerning people with disabilities’ rights and the Americans with Disabilities Act’s (ADA) enforcement. The plaintiff, civil rights tester Deborah Laufer, sued a hotel for not providing accessibility information on its website, even though she had no intention of actually staying there. Acheson Hotels maintains that because Laufer did not intend to stay at the hotel and was, therefore, not harmed, she has no standing to sue, and the Court should rule against her. However, the hotel has updated their website and is now in compliance with the ADA. Civil rights testers are a long-established way of enforcing civil rights laws, including the ADA. If the Supreme Court rules against Laufer because she lacks standing, it might hinder advocates working to ensure ADA compliance across the nation—which, in turn, might curtail people with disabilities’ rights and threaten other methods for establishing violations of civil rights laws. 

 

 

December 15: Bill of Rights Day

December 15: House and Senate expected to adjourn for the rest of the year

December 31: FISA Section 702 expires

January 9: House returns from recess

January 15th: Martin Luther King Jr. Day

January 19: Funding expires for part of the government

January 21: Anniversary of the Citizens United v. FEC decision 

January 23: 60th anniversary of the ratification of the 24th Amendment 

February 2: Funding expires for part of the government