09.30.20

New Liberal Wishlist, Same As The Old Liberal Wishlist

Democrats’ Insistence That Their Latest Proposal Is A ‘Compromise’ Is Belied By The Fact That The Same Unrelated Liberal Wishlist Items From Their First Bill Are Still In This Bill

 

HOUSE SPEAKER NANCY PELOSI (D-CA): “Democrats are making good on our promise to compromise with this updated bill …” (Speaker Pelosi, Press Release, 9/28/2020)

SENATE MINORITY LEADER CHUCK SCHUMER (D-NY): “Is this new bill everything that Democrats want? No. But it's an honest attempt to provide the relief our country needs and reach an agreement by moving closer to our Republican colleagues …” (Sen. Schumer, Floor Remarks, 9/29/2020)

 

House Democrats Left In Their Favorite Wish List Items: Tax Cuts For The Wealthy, Rebate Checks For Illegal Immigrants, Legalizing Ballot Harvesting, And Of Course, Cannabis Provisions

The HEROES Act gave a tax break to wealthy citizens in Democratic states by rolling back the cap on state and local tax deductions…

  • PAGE 228: “SEC. 20161. ELIMINATION FOR 2020 AND 2021 OF LIMITATION ON DEDUCTION OF STATE AND LOCAL TAXES.” (H.R. 6800, 116th Congress)
    • “House Democrats released the text Tuesday for its latest proposed Covid-19 relief measures. … Tucked away in the bill is a measure that will reinstate the so-called SALT itemized deduction for 2020 and 2021. The Tax Cuts and Jobs Act, which went into effect in 2018, limited the amount of state and local tax deductions filers could claim on their tax returns to $10,000. … The new proposal doesn’t specify what’s supposed to happen after 2021.” (“House Democrats’ Stimulus Bill Rolls Back $10,000 SALT Cap For 2 Years,” CNBC, 5/12/2020)

… And so does House Democrats’ “new” bill:

The HEROES Act allowed illegal immigrants to receive the new rebates proposed in that bill …

  • PAGES 165-167: “SEC. 20111. ADDITIONAL RECOVERY REBATES TO INDIVIDUALS. (a) IN GENERAL.—Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6428 the following new section: ‘SEC. 6428A. ADDITIONAL RECOVERY REBATES TO INDIVIDUALS. ‘(a) IN GENERAL.—In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2020 an amount equal to the additional rebate amount determined for such taxable year…. (4) IDENTIFICATION NUMBER REQUIREMENT.— ‘(A) IN  GENERAL.—The $1,200 amount in subsection (b)(1) shall be  treated as being zero unless the taxpayer includes the TIN of the taxpayer on the return of tax for the taxable year.” (H.R. 6800, 116th Congress)
    • “By law, individuals must provide a unique identifying number when they file tax returns and other documents with the Internal Revenue Service (IRS). This means noncitizens must have a taxpayer identification number in order to file tax returns, pay taxes, and otherwise comply with federal tax law. The general rule is that an individual's taxpayer identification number is his or her Social Security number (SSN)…. Individuals who are not eligible to receive an SSN are required to use an individual taxpayer identification number (ITIN) when filing their tax returns and other documents with the IRS…. The fact someone has an ITIN does not mean he or she is unlawfully present in the United States.... ITINs are provided to those individuals who need a taxpayer identification number and are not eligible for an SSN…. Nonetheless, IRS and the Treasury Inspector General for Tax Administration (TIGTA) reportedly believe that a large proportion of ITIN filers are unlawfully present aliens working in the United States.” (“Federal Income Taxes and Noncitizens: Frequently Asked Questions,” Congressional Research Service, R43840, 12/31/2014)
    • “Democratic Reps. Lou Correa of California, Judy Chu of California and Raúl Grijalva of Arizona on April 3 introduced the bill, the Leave No Taxpayer Behind Act, ‘to allow 2020 recovery rebates to be made on the basis of an individual’s taxpayer identification number.’ … The bill would amend the qualifications necessary to receive federal support provided by the CARES Act, the emergency coronavirus relief bill passed in March. The CARES Act requires recipients of benefits to provide a valid Social Security number, which undocumented immigrants don’t have and can't legally get…. The Leave No Taxpayer Behind Act would amend the CARES Act by adding an Individual Taxpayer Identification Number as an acceptable credential to receive government benefits. An ITIN is a number assigned by the Internal Revenue Service to make sure people who are not permitted to receive a Social Security number pay taxes ‘regardless of their immigration status,’ according to the American Immigration Council, a nonprofit immigration research and advocacy organization…. [E]xpanding eligibility for federal relief to include individuals with ITINs would help expand aid to only some undocumented immigrants because not all undocumented immigrants have ITINs…. The Leave No Taxpayer Behind Act would expand access to the CARES Act federal relief to individuals who have an ITIN, benefiting the many undocumented immigrants in that situation …” (“Fact Check: House Bill Expands Stimulus Checks To Some, Not All, Undocumented Immigrants,” USA Today, 4/23/2020)

… And so does House Democrats’ “new” bill:

  • PAGES 723-725: “SEC. 101. ADDITIONAL RECOVERY REBATES TO INDIVIDUALS. (a) IN GENERAL.—Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6428 the following new section: ‘SEC. 6428A. ADDITIONAL RECOVERY REBATES TO INDIVIDUALS…. ‘(a) IN GENERAL.—In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2020 an amount equal to the additional rebate amount determined for such taxable year…. (4) IDENTIFICATION NUMBER REQUIREMENT.—  ‘(A) IN GENERAL.—The $1,200 amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the TIN of the taxpayer on the return of tax for the taxable year.” (U.S. House of Representatives Appropriations Committee, 9/28/2020)

The HEROES Act permanently undermined state voter ID requirements …

  • PAGE 1482: “(2) ADMINISTRATION OF VOTING BY MAIL.—(A) PROHIBITING IDENTIFICATION REQUIREMENT AS CONDITION OF OBTAINING BALLOT.—A State may not require an individual to provide any form of identification as a condition of obtaining an absentee ballot, except that nothing in this paragraph may be construed to prevent a State from requiring a signature of the individual or similar affirmation as a condition of obtaining an absentee ballot.” (H.R. 6800, 116th Congress)
  • PAGES 1499-1500: “SEC. 325. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET IDENTIFICATION REQUIREMENTS. (a) USE OF STATEMENT.— (1) IN GENERAL.—Except as provided in subsection (c), if a State has in effect a requirement that an individual present identification as a condition of casting a ballot in an election for Federal office, the State shall permit the individual to meet the requirement— (A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual’s identity and attesting that the individual is eligible to vote in the election; or (B) in the case of an individual who desires to vote by mail, by submitting with the  ballot the statement described in subparagraph (A).” (H.R. 6800, 116th Congress)

… And so does House Democrats’ “new” bill:

  • PAGE 1839: “(2) ADMINISTRATION OF VOTING BY MAIL.— (A) PROHIBITING IDENTIFICATION REQUIREMENT AS CONDITION OF OBTAINING BALLOT.—A State may not require an individual to provide any form of identification as a condition of obtaining an absentee ballot, except that nothing in this paragraph may be construed to prevent a State from requiring a signature of the individual or similar affirmation as a condition of obtaining an absentee ballot.” (U.S. House of Representatives Appropriations Committee, 9/28/2020)
  • PAGE 1855: “SEC. 325. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET IDENTIFICATION REQUIREMENTS. (a) USE OF STATEMENT.— (1) IN GENERAL.—Except as provided in subsection (c), if a State has in effect a requirement that an individual present identification as a condition of casting a ballot in an election for Federal office, the State shall permit the individual to meet the requirement— (A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual’s identity and attesting that the individual is eligible to vote in the election; or (B) in the case of an individual who desires to vote by mail, by submitting with the ballot the statement described in subparagraph (A).” (U.S. House of Representatives Appropriations Committee, 9/28/2020)

The HEROES Act legalized ballot harvesting nationwide …

  • PAGES 1492-1493: “(2) PERMITTING VOTERS TO DESIGNATE OTHER PERSON TO RETURN BALLOT.—The State— (A) shall permit a voter to designate any person to return a voted and sealed absentee ballot to the post office, a ballot drop-off location, tribally designated building, or election office so long as the person designated to return the ballot does not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization provides compensation on this basis; and (B) may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office, a ballot drop off location, tribally designated building, or election office.” (H.R. 6800, 116th Congress)

… And so does House Democrats’ “new” bill:

  • PAGE 1848: ‘‘(2) PERMITTING VOTERS TO DESIGNATE OTHER PERSON TO RETURN BALLOT.—The State— (A) shall permit a voter to designate any person to return a voted and sealed absentee  ballot to the post office, a ballot drop-off location, tribally designated building, or election office so long as the person designated to return the ballot does not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization provides compensation on this basis; and (B) may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office, a ballot drop off location, tribally designated building, or election office.” (U.S. House of Representatives Appropriations Committee, 9/28/2020)

The HEROES Act required a review of the immigration files of all individuals in ICE custody to assess the need for continued detention …

  • PAGE 1786: “SEC. 191205. ICE DETENTION. … [T]he Secretary of Homeland Security shall review the immigration files of all individuals in the custody of U.S. Immigration and Customs Enforcement to assess the need for continued detention.” (H.R. 6800, 116th Congress)

… And so does House Democrats’ “new” bill:

The HEROES Act required banking regulators and the GAO to issue diversity reports for cannabis-related businesses …

  • PAGE 1100: “(h) ANNUAL DIVERSITY AND INCLUSION REPORT.— The Federal banking regulators shall issue an annual report to Congress containing— (1) information and data on the availability of access to financial services for minority-owned and women-owned cannabis-related legitimate businesses…”  (H.R. 6800, 116th Congress)
  • PAGE 1100: “(i) GAO STUDY ON DIVERSITY AND INCLUSION.—(1) STUDY.—The Comptroller General of the United States shall carry out a study on the barriers to marketplace entry, including in the licensing process, and the access to financial services for potential and existing minority-owned and women-owned cannabis-related legitimate businesses.” (H.R. 6800, 116th Congress)

… And so does House Democrats’ “new” bill:

  • PAGES 1700-1701: “(i) GAO STUDY ON DIVERSITY AND INCLUSION.— (1) STUDY.—The Comptroller General of the United States shall carry out a study on the barriers to marketplace entry, including in the licensing process, and the access to financial services for potential and existing minority-owned and women-owned cannabis-related legitimate businesses.” (U.S. House of Representatives Appropriations Committee, 9/28/2020)
  • PAGE 1700: “(h) ANNUAL DIVERSITY AND INCLUSION REPORT.— The Federal banking regulators shall issue an annual report to Congress containing— (1) information and data on the availability of access to financial services for minority-owned and women-owned cannabis-related legitimate businesses.” (U.S. House of Representatives Appropriations Committee, 9/28/2020)

The HEROES Act allowed cannabis businesses to work with federally backed banks and insurers …

  • PAGES 1088-1089: “SEC. 110606. SAFE BANKING. … The purpose of this section is to increase public safety by ensuring access to financial services to cannabis-related legitimate businesses and service providers…” (H.R. 6800, 116th Congress)

… And so does House Democrats’ “new” bill:

The HEROES Act created a new ‘soil health’ pilot program at USDA to pay farmers to NOT farm and to plant grass on 5 million acres of productive farmland …

  • PAGES 745-747: “SEC. 60501. EMERGENCY SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM. … The Secretary [of Agriculture] shall establish a voluntary emergency soil health and income protection pilot program under which eligible land is enrolled through the use of contracts to assist owners and operators of eligible land to conserve and improve the soil, water, and wildlife resources of the eligible land.” (H.R. 6800, 116th Congress)
    • “(a) DEFINITION OF ELIGIBLE LAND.—In this section, the term “eligible land” means cropland that—(1) is selected by the owner or operator of the land for proposed enrollment in the pilot program under this section; and (2) as determined by the Secretary, had a cropping history or was considered to be planted during each of the 3 crop years preceding enrollment…. (1) REQUIREMENTS.—A contract described in subsection (b) shall— (A) be entered into by the  Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and (B)  provide that, during the term of the contract— (i) the lowest practicable cost perennial conserving use cover crop for the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee, shall be planted on the eligible land … PAYMENTS.— (A)  RENTAL  RATE.—Except as provided in paragraph (4)(B)(ii), the annual rental rate for a payment under a contract described in subsection (b) shall be $70 per acre…. (d) ACREAGE LIMITATION.—Not more than 5,000,000 total acres of eligible land may be enrolled under the pilot program under this section.” (H.R. 6800, 116th Congress)

… And so does House Democrats’ “new” bill:

  • PAGE 1497-1501: “SEC. 501. EMERGENCY SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM. … The Secretary [of Agriculture] shall establish a voluntary emergency soil health and income protection pilot program under which eligible land is enrolled through the use of contracts to assist owners and operators of eligible land to conserve and improve the soil, water, and wildlife resources of the eligible land.” (U.S. House of Representatives Appropriations Committee, 9/28/2020)
  • DEFINITION OF ELIGIBLE LAND.—In this section, the term ‘‘eligible land’’ means cropland that— (1) is selected by the owner or operator of the land for proposed enrollment in the pilot program under this section; and (2) as determined by the Secretary, had a cropping history or was considered to be planted during each of the crop years preceding enrollment. … (1) REQUIREMENTS.—A contract described in subsection (b) shall—(A) be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and (B) provide that, during the term of the contract— (i) the lowest practicable cost perennial conserving use cover crop for the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee, shall be planted on the eligible land; … PAYMENTS.—(A) RENTAL RATE.—Except as provided in paragraph (4)(B)(ii), the annual rental rate for a payment under a contract described in subsection (b) shall be $70 per acre. … (d) ACREAGE LIMITATION.—Not more than 5,000,000 total acres of eligible land may be enrolled under the pilot program under this section.” (U.S. House of Representatives Appropriations Committee, 9/28/2020)

The HEROES Act established a ‘facility’ within the Federal Reserve to make ‘long-term, low-cost loans to debt collectors’ to ‘temporarily compensate’ them until consumers’ payments resume …

  • PAGES 1064-1065: “(4) CREDIT FACILITY.—The Board of Governors of the Federal Reserve System shall— (A) establish a facility, using amounts made available under section 4003(b)(4) of the CARES Act (15 U.S.C. 9042(b)(4)), to make long-term, low-cost loans to debt collectors to temporarily compensate such debt collectors for documented financial losses caused by forbearance of debt payments under this subsection; and (B) defer debt collectors’ required payments on such loans until after consumers’ debt payments resume.” (H.R. 6800, 116th Congress)

… And so does House Democrats’ “new” bill:

  • PAGE 1666: “(4) CREDIT FACILITY.—The Board of Governors of the Federal Reserve System shall— (A) establish a facility, using amounts made available under section 4003(b)(4) of the CARES Act (15 U.S.C. 9042(b)(4)), to make long-term, low-cost loans to debt collectors to temporarily compensate such debt collectors for documented financial losses caused by forbearance of debt payments under this subsection; and ‘(B) defer debt collectors’ required payments on such loans until after consumers’ debt payments resume.” (U.S. House of Representatives Appropriations Committee, 9/28/2020)

 

The One Thing Democrats Did Manage To Cut? Funding For Law Enforcement

These provisions were in Democrats’ HEROES act passed in May, but not in their new legislation. (U.S. House of Representatives Appropriations Committee, 9/28/2020; H.R. 6800, 116th Congress)

  • PAGES 18-19: “COMMUNITY ORIENTED POLICING SERVICES PROGRAMS For an additional amount for ‘’Community Oriented Policing Services’, $300,000,000, to remain available until expended, for grants under section 1701 of title I of the 1968 Omnibus Crime Control and Safe Streets Act (34 U.S.C. 10381) for hiring and rehiring of additional career law enforcement officers under part Q of such title, notwithstanding subsection (i) of such section, and including for the purchase of personal protective equipment: Provided, That, notwithstanding section 1704 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10384), funds provided under this heading may be used to supplant State or local funds and may be used to retain career law enforcement officers: Provided further, That a recipient of funds made available under this heading in this Act shall not be subject, as a condition for receiving the funds, to any otherwise-applicable requirement to provide or obtain other Federal or non-Federal funds: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.” (H.R. 6800, 116th Congress)
  • PAGES 15-16: “OFFICE OF JUSTICE PROGRAMS STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE For an additional amount for ‘‘State and Local Law Enforcement Assistance’’, $300,000,000, to remain available until expended, for the same purposes and subject to the same conditions as the appropriations for fiscal year 2020 under this heading in title II of division B of Public Law 116–136, including for the purchase of personal protective equipment, and for costs related to preventing and controlling coronavirus at correctional institutions…”  (H.R. 6800, 116th Congress)

 

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SENATE REPUBLICAN COMMUNICATIONS CENTER

Related Issues: COVID-19, Appropriations