Look Ahead to the Week of February 5: Moment of Truth for Border Deal

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Look Ahead to the Week of February 5: Moment of Truth for Border Deal

Both the Senate and House are in session this week, although the lower chamber will wrap up votes early as House Democrats depart Wednesday for their 2024 Issues Conference, taking place at the Lansdowne Resort in Leesburg, Virginia.

Over the weekend, text was released on the bipartisan agreement for a $118.2 billion national security package that contains both enhanced border security policies and additional aid to Ukraine, Israel, and Taiwan. Senate Majority Leader Chuck Schumer (D-NY) has committed to beginning votes on the bill by Wednesday. However, many House Republicans have already opposed the package—particularly since former President Donald Trump panned any deal—because it does not include all the GOP’s border demands. Furthermore, House Speaker Mike Johnson (R-LA) has stated that the House will vote on a separate standalone $17.6 billion Israel aid package this week, further damaging the prospects of the Senate compromise.

Last week, the House passed, in an overwhelmingly bipartisan vote, an agreement on a nearly $80 billion tax policy proposal that focuses on business deductions and the child tax credit. It remains to be seen if the Senate will take up the package. Some Republicans are concerned that the child tax credit does not have more stringent work requirements for the child tax credit.

Additionally, the House may vote this week on a bill that would double the cap on state and local tax (SALT) deductions for married couples filing taxes jointly. Speaker Johnson agreed to move forward with the bill when New York Republicans expressed significant frustration that SALT relief was not included in the tax package the House considered last week.

Congressional appropriators are also working on crafting the 12 fiscal year funding bills after reaching an agreement on top-line spending and subcommittee allocations. Congress has been operating under a temporary, “laddered” government funding measure, which is set to partially expire on March 1 and March 8.

Administration

On Tuesday, President Biden will address House Democrats at their annual retreat. On Friday, he will host bilateral meetings at the White House with German Chancellor Olaf Schulz.

Separately, Biden has announced that he will send to Congress his fiscal year 2025 budget proposal on March 11, a few days after his State of the Union address. Lawmakers have already acknowledged how difficult it will be to make progress on appropriations bills ahead of the September 30 funding deadline given that Congress is still working to enact a fiscal year 2024 funding package and the upcoming elections.

House Side

On Monday, the House will meet to consider multiple bills under suspension.

  • Bills expected under suspension of the rules.
    • H.R. 1727 – Chesapeake and Ohio Canal National Historic Park Commission Act, as amended (Rep. Trone – Natural Resources). The bill would extend through October 1, 2031, the Chesapeake and Ohio Canal National Historical Park Commission.
    • H.R. 2882 – Udall Foundation Reauthorization Act of 2023, as amended (Rep. Ciscomani – Natural Resources). The bill would reauthorize through fiscal year 2028 funding for the Morris K. Udall and Stewart L. Udall Foundation.
    • H.R. 2997 – CONVEY Act, as amended (Rep. Boebert – Natural Resources). The measure would require the Interior Department to convey 31.1 acres of land to Mesa County, Colorado.
    • H.R. 3415 – Pilot Butte Power Plant Conveyance Act (Rep. Hageman – Natural Resources). The measure would require the Interior Department, within two years of enactment, to begin negotiations with the Midvale Irrigation District in Wyoming to transfer ownership of the Pilot Butte Power Plant to the district.
    • H.R. 4051 – SHARKED Act, as amended (Rep. Wittman – Natural Resources). The bill would require the Commerce Department to establish a task force to identify and address issues with shark depredation, when sharks eat or damage species targeted by fishermen.
    • H.R. 4385 – Drought Preparedness Act (Rep. Neguse – Natural Resources). The legislation would reauthorize through fiscal year 2028 federal assistance to states, tribes, and local governments for drought mitigation activities.
    • H.R. 5009 – WILD Act (Rep. Dave Joyce – Natural Resources). The legislation would reauthorize through fiscal year 2028 federal wildlife habitat and conservation programs.
    • H.R. 1240 – Winnebago Land Transfer Act of 2023, as amended (Rep. Feenstra – Natural Resources). The bill would transfer federal land in Iowa to the Bureau of Indian Affairs for the benefit of the Winnebago Tribe of Nebraska.
    • H.R. 443 – Enhancing Detection of Human Trafficking Act, as amended (Rep. Walberg – Education and Workforce). The bill would require the Labor Department to train employees how to detect and report suspected human trafficking in the workplace.

Tuesday – Wednesday, the House is scheduled to meet for legislative business.

  • Bills expected under a rule.
    • H.Res.863 – Impeaching Homeland Security Secretary Alejandro Mayorkas for high crimes and misdemeanors, as amended (Rep. Marjorie Taylor Greene – Homeland Security). The resolution would impeach Homeland Security Secretary Alejandro Mayorkas for “willfully and systemically” refusing to comply with immigration laws and breaching public trust.
    • H.R. 485 – Protecting Health Care for All Patients Act of 2023 (Rep. Cathy McMorris Rodgers – Energy and Commerce). The measure would prohibit federal health programs from using cost-effectiveness measurements for medical treatments that place different values on patients’ lives.

Senate Side

On Monday, the Senate will resume consideration of the nominations of Joseph Laroski to be a judge for the U.S. Court of International Trade, Kurt Campbell to be deputy secretary of state, and Amy Baggio to be a judge for the District of Oregon.

Separately, Senator Josh Hawley (R-MO) has stated that he plans to seek unanimous consent on the STOP CSAM Act. The legislation, cosponsored with Sen. Dick Durbin (D-IL), would create a carve-out to the tech industry’s key liability shield, known as Section 230, allowing victims to sue platforms that intentionally and knowingly hosted content related to their sexual abuse as a child. This activity comes after an incendiary hearing last week with the CEOs of major tech platforms over the impact that social media is having on children’s mental health and well-being.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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