Session Continues until Recess Next Week
With the passage of the FAA Reauthorization last week, Congress has completed all the “Must Do” items until September 30th when it is expected a Continuing Resolution (CR) and an extension of the Farm bill will be needed. There is a general sense all over the Capitol that “Congress is done legislating until after the elections.” Of course, Congress is never really done, and the work of committees and the legislative process will continue. But we are rapidly moving into full campaign mode.
Majority Leader Chuck Schumer is planning a standalone floor vote on the bipartisan border security agreement negotiated earlier this year, as mentioned in a May 19 “Dear Colleague” letter, although the measure will almost certainly fail to garner the needed votes.
The House has a short week (Tuesday-Thursday), with Friday votes cancelled ahead of the Memorial Day recess. The Rules Committee will meet tomorrow, at 4PM, to prepare floor consideration of two crypto-related bills: The Financial Innovation and Technology for the 21st Century (FIT21) Act (H.R.4763), which would establish a framework at the Securities and Exchange Commission and Commodity Futures Trading Commission to regulate digital asset exchanges and crypto assets, and the CBDC Anti-Surveillance State Act (H.R.5403), which would prohibit the Federal Reserve from issuing a central bank digital currency (CBDC) for monetary policy. The Rules Committee will also consider legislation (H.R.192) that would prohibit noncitizens from voting in elections in the District of Columbia.
Congressional Agenda
Appropriations and the President’s FY2025 Budget: This week, the House Appropriations Committee will begin the markup process for the Fiscal Year 2025 Appropriations cycle. Chair Tom Cole (R-OK) released interim subcommittee allocations, developed using the budget caps detailed in the Fiscal Responsibility Act, and the following tentative markup schedule:
- Tomorrow, May 21: Subcommittee markup of the FY2025 Military Construction, Veterans Affairs, and Related Agencies Bill
- Thursday, May 23: Subcommittee markup of the FY2025 Legislative Branch Bill and Committee markups of Subcommittee Allocations and the FY2025 Military Construction, Veterans Affairs, and Related Agencies Bill
- June 4: Subcommittee markups of the FY2025 State, Foreign Operations, and Related Programs Bill and FY2025 Homeland Security Bill
- June 5: Subcommittee markups of the FY2025 Defense Bill and FY2025 Financial Services and General Government Bill
- June 11: Subcommittee markup of the FY2025 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Bill
- June 12: Subcommittee markup of the FY2025 Commerce, Justice, Science, and Related Agencies Bill and Committee markups of the FY2025 State, Foreign Operations, and Related Programs Bill and FY2025 Homeland Security Bill
- June 13: Committee markups of the FY2025 Defense Bill, FY2025 Financial Services and General Government Bill, and FY2025 Legislative Branch Bill
- June 27: Subcommittee markups of the FY2025 Labor, Health and Human Services, Education, and Related Agencies Bill and FY2025 Transportation, Housing and Urban Development, and Related Agencies Bill
- June 28: Subcommittee markups of the FY2025 Interior, Environment, and Related Agencies Bill and FY2025 Energy and Water Development Bill
- July 9: Committee markups of the FY2025 Commerce, Justice, Science, and Related Agencies Bill, FY2025 Interior, Environment, and Related Agencies Bill, and FY2025 Energy and Water Development Bill
- July 10: Committee markups of the FY2025 Labor, Health and Human Services, Education, and Related Agencies Bill, FY2025 Transportation, Housing and Urban Development, and Related Agencies Bill, and FY2025 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Bill
National Defense Authorization Act: On Wednesday, at 10AM, the House Armed Services Committee will convene a markup of the FY2025 National Defense Authorization Act. This year’s process is unique in a couple of respects: The committee forwent Subcommittee-level markups – instead releasing the Subcommittee Marks (Intelligence and Special Operations; Tactical Air and Land Forces; Seapower and Projection Forces; Readiness; Cyber, Information Technologies and Innovation; Military Personnel) and the Chairman’s Mark last week – and the Servicemember Quality of Life Improvement Act (H.R.8070) will serve as the base text, which reflects the committee’s bipartisan consensus on policies related to pay and compensation, childcare, military housing, healthcare access, and support for military spouses that were the focus of the work and recommendations of the committee’s bipartisan Quality of Life Panel.
Oversight: Several notable oversight-related hearings are lined up this week, including:
- Food and Drug Administration regulations of drugs, biologics, and devices: The heads of FDA’s Center for Drug Evaluation and Research, Center for Biologics Evaluation and Research, and Center for Devices and Radiological Health appear before the House Energy and Commerce Subcommittee on Health (on Wednesday, at 10:30AM).
- Consolidation in the healthcare industry: Panels of expert witnesses will appear before the House Ways and Means Subcommittee on Health (on Thursday, at 9AM) for a hearing examining the challenges facing independent medicine and the House Budget Committee (on Thursday, at 10AM) for a hearing on the budgetary effects of healthcare consolidation.
- Campus antisemitism: Northwestern University President Michael Schill, University of California, Los Angeles Chancellor Dr. Gene Block, and Rutgers University President Dr. Jonathan Holloway appear before the House Education and Workforce Committee (on Thursday, at 10:15AM).
Privacy and Section 230: The House Energy and Commerce Subcommittee on Communications and Technology will convene a legislative hearing on Wednesday to consider the Section 230 Sunset Act, which is the proposal by Chair Cathy McMorris Rodgers (R-WA) and Ranking Member Frank Pallone (D-NJ) to sunset liability protections under Section 230 effective December 31, 2025. There are growing concerns about the sunset proposal – including the potential negative effects on startups, small businesses, and innovation.
The Innovation, Data, and Commerce Subcommittee plans to convene a markup this week of the American Privacy Rights Act. A new version of the comprehensive privacy legislation (which is still in discussion draft form) will be filed ahead of the markup, although we do not anticipate substantive changes to preemption, the private right of action, expansion of Federal Trade Commission authorities, and targeted advertising provisions, among other flashpoints. Without changes to those provisions, it will be difficult for Republican leadership to get on board and put this legislation on the floor, even if it is approved by the Committee with a strong bipartisan vote.
Biden Administration
- Today, the President will travel to New Hampshire, where he will deliver remarks at a campaign event, and to Boston, Massachusetts, where he will participate in two campaign fundraisers, before returning to the White House.
- On Wednesday, the President will participate in an engagement with President William Ruto of Kenya and CEOs.
- On Thursday, the President and First Lady will greet President William Ruto and First Lady Rachel Ruto of Kenya at a State Arrival Ceremony, followed by a bilateral meeting, a joint press conference, and a State Dinner.
- On Friday, the President and First Lady will travel from the White House to Wilmington, Delaware.
- On Saturday, the President will travel to West Point, New York, where he will deliver the commencement address at the U.S. Military Academy, and then return to Wilmington.
- On Sunday, the President and First Lady will depart Wilmington and return to the White House.
