Congress worked from home this week…
with members holding town halls, meeting with constitutents, and touring local businesses. Trump administration will allow Congressional Republicans to take the lead on replacing the Affordable Care Act. House and Senate Republicans are divided on tax plan. White House pushed new travel ban order to next week. President Trump selected new national security adviser. Trump administration reversed several Obama administration policies. Four nominees are teed up for final votes, starting next week.
Recess | Congress Works From Home | Affordable Care Act
Tax Plan | Travel Ban | National Security Adviser | Rulemaking
Nominees on Deck | ICYMI
No, not that kind of recess
Congress spent the week working from home, set to return to Washington next Monday. A lot of people bill recess as time Congress "isn't working," but that's just not true.
Part of the problem is the name: recess. It reminds you of a break from school or perhaps that awesome show. The official term is “District Work Week.” In parliamentary procedure, Congress "adjourns" and is said to stand in recess. Fun fact: the Senate didn't actually recess this week but instead held "pro forma" sessions, which prohibits the president from making recess appointments.
Most Members of Congress use their time away from Washington to interact with constituents. They host town halls, visit local businesses and factories, and meet with constituents. These interactions inform their work when they return to Washington. Check the House and Senate calendars and keep up with your lawmakers!
So really, what were your lawmakers up to?
This recess, there were reports of raucous town halls, "missing" members, and some constituent-led meetings with the role of lawmaker played by a cardboard cutout. Several lawmakers opted for tele-town halls over in-person meetings.
Here's a taste of how some lawmakers spent their recess:
Sen. Chuck Grassley [R, IA] talked to an Afghan refugee who served as a translator for the U.S. military.
Sen. Jeanne Shaheen [D, NH] met with a recipient of a special immigrant visa.
Rep. Mac Thornberry [R, TX-13] met with Texoma business leader to discuss federal regulations.
Rep. Jerry Nadler [D, NY-10] gathered support for his resolution inquiring about the financial practices of the president.
Sen. Richard Shelby [R, AL] toured Kasai North America facility that employs 100+ of his constitutents.
Rep. Brian Higgins [D, NY-26] toured Torn Space Theater, arts space in his district.
Sen. Ron Portman [R, OH] held a roundtable with Cleveland area employers to receive input on tax reform proposal.
Sen. Tom Carper [D, DE] visited Avatar Instruments, a new power controller business in Delaware.
Rep. Buddy Carter [R, GA-1] held five town halls over the course of the week.
Rep. Scott Peters [D, CA-52] spoke at forum on the U.S. and Mexico border.
Be sure to follow your lawmakers on social media platforms to receive their updates!
Trump administration will let Congressional Republicans take the lead on replacing the Affordable Care Act
This week Health and Human Services (HHS) Secretary Tom Price (former congressman from Georgia) said the Trump administration will not send Congressional Republicans an Obamacare replacement plan. Instead, the administration will take a "hands-off approach," similar to how President Obama worked with congressional Democrats on details of what became the Affordable Care Act (ACA).
Meanwhile, Congressional Republicans asked Republican governors for help figuring out what to do with the millions of people who gained Medicaid coverage under Obamacare. This includes states that expanded Medicaid (Ohio and Nevada) and states that did not (Tennessee and Wisconsin).
Related: Sen. Lisa Murkowski [R, AK] delivered her annual address to the Alaska Legislature this week. Senator Murkowski said she would vote against rolling back Obamacare's Medicaid expansion (unless the state legislature wants it repealed) and would not vote for an Affordable Care Act replacement bill that defunds Planned Parenthood.
House and Senate Republicans divided on border adjustment tax plan
This week you heard a lot of buzz about House Republicans' tax plan. The plan includes a 20 percent across-the-board tax increase on imports in order to pay for comprehensive tax reform. Sen. Lindsey Graham [R, SC] said the plan doesn't have the votes in the Senate, with some senators saying it would harm their constituents and state's industries.
This week, President Trump spoke positively about House Republicans' plan, a reversal from January when he said it was "too complicated." Treasury Secretary Steven Mnuchin said the Trump administration wants comprehensive tax overhaul completed by August recess. Today, President Trump delivered a speech at the Conservative Political Action Conference (CPAC), where there was a snapchat filter opposing the border adjustment tax plan. Nothing like complex legislation moving into the world of Snapchat!
White House will issue new travel ban next week
This week White House Press Secretary Sean Spicer contradicted Department of Justice court filing, saying the original travel ban will not be rescinded as new one is issued. Courts suspended the original executive order for the time being, with several legal challenges still working their way through the legal system.
The new executive order is expected to be released next week. Reportedly, the biggest difference between the original and revised versions is that the new order will not apply to green card holders or to people en route to the U.S. when the order takes effect. It will still apply to the original seven countries listed: Iraq, Iran, Syria, Sudan, Somalia, Yemen, and Libya.
What's posse comitatus?
This showed up a lot in our twitter feed this week. You're not alone if you were left scratching your head. Like most things in life, some folks on our team first learned about this from a TV show (lookin' at you The West Wing), but here's the deal:
Posse comitatus is the common law authority for law officers to conscript regular people to assist with law enforcement, like keeping the peace, addressing an emergency, or arresting a felon.
The Posse Comitatus Act, which ended the use of federal troops to guard state elections in former Confederate states, forbids the calling up of the Army or Air Force for domestic posse comitatus or law enforcement. A Defense Department order prohibits the Marines or Navy serving in a domestic law enforcement capacity. Notably, these provisions do not apply to the Coast Guard. Here are some other key exceptions to the Posse Comitatus Act.
Ask us anything and see your questions answered in future editions!
Meet the new National Security Adviser
President Trump selected Army Lt. Gen. H.R. McMaster as national security adviser (his full name is Herbert Raymond, but he goes by H.R.). McMaster replaced Michael Flynn, who resigned over reports he misled White House officials about his conversations with Russia. Retired Army Lt. Gen. Keith Kellogg, who has been serving as acting national security adviser, returned to his role as National Security Council chief of staff.
Lawmakers from both sides of the aisle praised the decision, noting McMaster's extensive experience. Sen. Tom Cotton [R, AR] once served under General McMaster and first suggested him for the position. This role does not require Senate approval, but McMaster will require Senate confirmation in order to maintain his military rank.
Rulemaking continues to be in the spotlight
This week featured several decisions from the Trump administration related to immigration enforcement, transgender bathroom protections, private prisons, and recreational marijuana. With all these memos, actions, and guidance in the news, you're probably asking yourself: what does this all mean? Here's a quick primer on the rulemaking process, including the difference between regulations and guidance:
Laws passed by Congress set the parameters of a new policy, but the executive branch must decide and explain how it will carry out laws. Agencies do this through regulations, which carry something very close to the force of law, and guidance, a less formal way to explain the way the agency will approach certain questions that come up in enforcement. Learn more about the rulemaking process and how you can participate.
On Tuesday, the Department of Homeland Security (DHS) released two memos on immigration enforcement, instructing Immigration and Customs Enforcement (ICE) agents to identify, capture, and deport every undocumented immigrant they encounter. The memos call on local police to assist in immigration enforcement and include a plan to hire an additional 10,000 ICE agents.
The White House spent the rest of the week reversing guidance from the Obama administration:
- On Wednesday, the White House rescinded guidance on transgender bathroom protections in public schools, saying state and local districts have the authority to decide. (The letters from the Justice and Education departments will have no immediate effect because the Obama administration policy was blocked by a federal court.)
- Attorney General Jeff Sessions rescinded the Obama administration memo directing the Justice Department (DOJ) to reduce the use of private prisons.
- White House spokesman Sean Spicer said that he expects the Justice Department to increase enforcement of federal laws banning recreational use of marijuana, reversing the Obama administration policy to rely on state and local enforcement of their own marijuana laws.
Speaking of marijuana policy and the discrepancies between state and federal laws — Last week, several lawmakers launched the Cannabis Caucus. In response to the possible federal policy change, Sen. Cory Gardner [R, CO] noted that he discussed the topic with Attorney General Sessions before his confirmation and "was assured there will be no sudden changes in policy."
One pending bill would require federal authorities to honor state policies as long as people are abiding by the laws in their respective states.
Four more nominees teed up for final votes
These nominees are next on deck to be considered by the full Senate. Now's the prime time to share your thoughts with your senators!
- Wilbur Ross, nominee for Secretary of Commerce
- Dr. Ben Carson, nominee for Secretary of Housing and Urban Development (HUD)
- Rick Perry, nominee for Secretary of Energy
- Rep. Ryan Zinke [R, MT-0], nominee for Secretary of the Interior
#ICYMI
- House Armed Services released subcommittee rosters.
- Presidents' Day is not actually a thing. It's really Washington's birthday you're celebrating.
- Ann Ravel, Democratic member of the FEC, submitted her resignation, citing gridlock on the commission. President Trump will now choose her replacement.
- How long it usually takes to confirm nominees.
- Rep. Lacy Clay [D, MO-1] will sue the Architect of the Capitol over removal of a controversial painting.
- This week marked 75 years since the internment of Japanese Americans, per an executive order by President Franklin Roosevelt.
- Uber hired former attorney general Eric Holder to investigate sexual harassment and discrimination claims.
- White House is preparing executive orders targeting controversial climate and water rules.
- Former President Jimmy Carter is leasing 10 acres of his property to a solar-energy company. Expected to power at least 93% of his town's homes for the next 25 years.
- Democratic National Committee votes this weekend on a new chair. Simple majority is needed to win. Leading candidates are Rep. Keith Ellison [D, MN-5] and former Labor Secretary Tom Perez.
- Sen. Susan Collins [R, ME] said she thinks the Intelligence Committee could subpoena Trump's tax returns as part of Russia investigation.
- Senate Intelligence scheduled confirmation hearing for Director of National Intelligence (DNI) nominee Dan Coats.
- Veterans Affairs Secretary David Shulkin said the department is working with Congress on accountability bill, including provision to make it easier to fire VA employees.
- Russell bill would forbid GPO from automatically dropping off early-morning print copies of the Federal Register to every member of Congress, saving upwards of $1 million annually.
- FCC voted 2-1 to suspend net neutrality transparency requirement for certain broadband providers.
- President Trump wants to upgrade U.S. nuclear arsenal.
- Ivanka Trump met with lawmakers to discuss $500 billion child-care plan.
- Trade secrets in the news again — Google is suing Uber. Remember last year when Congress passed related legislation?
- The original whiskey tycoon.
Please keep in mind that highlighting specific legislation does not imply POPVOX endorsement in any way. As always, our goal is to offer one more way to help you stay informed about the complex U.S. legislative system.
