Adam S. Olsen- Washington, D.C.
May 11, 2023

The Senate is considering two CRA resolutions en bloc: S.J.Res.23, Critical Habitat, and S.J.Res.24, Northern Long-Eared Bat CRA.  The Biden Administration opposes passage of the joint resolution that would limit the ability of the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (USFWS)  to conserve and recover threatened and endangered species under the Endangered Species Act as well as disapproves a final rule issued by the U.S. Fish and Wildlife Service that protects the northern long eared bat from extinction.

Later this afternoon, the Senate is expected to vote on a Motion to invoke cloture on the nomination of Bradley N. Garcia to be United States Circuit Judge for the District of Columbia Circuit.  Majority Leader Chuck Schumer (D-New York) on Monday took steps to wind down debate on Garcia for the U.S. Court of Appeals for the District of Columbia Circuit. The Justice Department official would be the first Latino on the D.C. Circuit.  The Senate Judiciary Committee approved Garcia’s nomination earlier this year 11-9 with ranking member Lindsey Graham (R-South Carolina) siding with Democrats on the nominee.

The House is currently working on complete consideration of H.R. 2 – Secure the Border Act of 2023.  This is the first major border security bill from Republicans since gaining control of the lower chamber, as a pandemic-era policy tightening border control comes to an end.  The GOP’s Secure the Border Act would restore construction on a southwest border wall and hinder asylum access. It would also cut a program that lets U.S. officials quickly accept or turn back some migrants from Venezuela, Haiti, Cuba and Nicaragua, who can apply to come to the U.S. for two years legally and work. Ukrainian refugees could also be impacted, in theory, since they are in the U.S. under the same type of agreement.  The vote comes as Title 42 is set to end at 11:59 p.m. Thursday when the pandemic public health emergency is terminated.  The policy allowed Customs and Border Protection to turn migrants away in an effort to prevent COVID-19 from spreading in holding facilities.  The Congressional Budget Office estimates that this bill would increase the deficit by over $6 billion in the next decade.  The bill is expected to pass the House, where Republicans have a narrow majority, but it faces an uphill battle in the Senate.  If the bill actually makes it to President Joe Biden’s desk, he will veto it.

The House is also expected to consider H.R. 1163 – Protecting Taxpayers and Victims of Unemployment Fraud Act which would create incentives for states to go after unemployment fraud. States individually oversee the distribution of jobless aid for their residents, and the bill would allow states to keep 25% of fraudulently claimed funds that are recovered.  During the pandemic, unemployment aid provided an extra $600 a week in added benefits and expanded to workers who don’t usually benefit from aid, including gig workers and the self-employed.  The Biden Administration opposes passage of the legislation.

Both the House and Senate are now not scheduled to be in session tomorrow, and will reconvene Monday.

Adam S. Olsen, Washington, D.C.