Legislative and Political Analysis of the 119th Congress, Second Session: A Comprehensive Review of Activities, January 5–9, 2026

Jan 9

Jan 9, 2026

Executive Summary

The reconvening of the 119th United States Congress for its Second Session in early January 2026 marked a pivotal transition in the trajectory of federal governance. Occurring in the immediate shadow of the upcoming 2026 midterm elections, the legislative activities between January 5 and January 9 were defined by a complex interplay of high-stakes fiscal negotiation, aggressive regulatory retrenchment, and the strategic deployment of procedural warfare. The week witnessed the convergence of several critical timelines: the expiration of key healthcare subsidies, the looming threat of a government shutdown, and the intensification of geopolitical instability in the Western Hemisphere, specifically regarding the collapse of the Maduro regime in Venezuela.

This report provides an exhaustive analysis of these developments. It examines the successful passage of H.R. 6938, a "minibus" appropriations package that signals a potential return to regular order in fiscal matters, while simultaneously dissecting the partisan maneuvering surrounding H.R. 1834, the "Breaking the Gridlock Act," which served as a procedural vehicle for a discharge petition aimed at extending Affordable Care Act (ACA) tax credits. Furthermore, this report analyzes the House’s concerted effort to dismantle Department of Energy (DOE) efficiency standards through the "SHOWER Act" (H.R. 4593) and the "Affordable HOMES Act" (H.R. 5184), framing these legislative pushes within the broader context of the "Article I" reclamation of authority from the administrative state.

In the Senate, the confirmation of high-profile nominees—including Joshua Simmons as CIA General Counsel, Sara Bailey as Director of the Office of National Drug Control Policy (ONDCP), and Alexander Van Hook to the federal bench—revealed the evolving criteria for public service in a polarized era, where views on the 2020 election and non-traditional professional backgrounds have become central vetting metrics. Through a detailed examination of legislative texts, floor debates, vote tallies, and committee reports, this analysis illuminates the shifting power dynamics of the 119th Congress as it navigates the delicate balance between governing and campaigning.

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I. Fiscal Policy and the Reclamation of Article I: The H.R. 6938 Minibus

1.1 The Strategic Shift from Omnibus to Minibus

In recent decades, the congressional appropriations process has frequently devolved into a cycle of Continuing Resolutions (CRs) culminating in massive, thousands-page "Omnibus" bills passed under the pressure of impending shutdowns. The legislative activity of January 2026 represents a notable deviation from this pattern. The passage of H.R. 6938, titled the Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026, signifies a deliberate strategy by the House Appropriations Committee to restore "regular order" and reclaim "Article I" authority—the constitutional power of the purse—from the executive branch.1

H.R. 6938 is a "minibus"—a package combining three of the twelve standard appropriations bills. By grouping the Commerce, Justice, Science (CJS) bill with Energy and Water Development and Interior and Environment, leadership created a legislative vehicle that balanced security priorities (nuclear deterrence, law enforcement) with domestic and environmental programs, thereby broadening the coalition of support.3 The bill passed the House with a decisive bipartisan vote of 397–28, a margin that belies the intense ideological skirmishes that occurred at the amendment stage.1

Party	Yea	Nay
Republican	191	22
Democrat	206	6
Total	397	28

Table 1: House Vote Tally on Final Passage of H.R. 6938 6

House Appropriations Chairman Tom Cole (R-OK) emphasized that this process was "grounded in a member-driven process," explicitly contrasting it with the "bloated omnibuses" of the past. The strategy involved empowering subcommittee chairmen—Hal Rogers (CJS), Mike Simpson (Interior), and Chuck Fleischmann (Energy and Water)—to negotiate directly, thereby diffusing the centralized power typically held by leadership during fiscal negotiations.2

1.2 Deep Dive: Commerce, Justice, Science (CJS) Appropriations

The CJS portion of the bill is perhaps the most politically sensitive, as it funds the Department of Justice (DOJ) and federal law enforcement at a time when these institutions are under intense scrutiny from the political right.

Law Enforcement and Counter-Narcotics:
The legislation appropriates significant resources to combat the opioid epidemic, specifically targeting the flow of fentanyl. It allocates $185 million to opioid and substance use disorder initiatives and $35 million for prescription drug monitoring programs.4 Additionally, $32 million is designated for veterans treatment courts, reflecting a bipartisan consensus on diverting veterans from the traditional criminal justice system.4
Scientific Competitiveness:
Funding for the National Science Foundation (NSF) and NASA is framed not merely as scientific investment but as a national security imperative in the context of great power competition with China. The bill includes specific provisions to maintain U.S. leadership in artificial intelligence (AI), quantum computing, and supercomputing.1 However, this funding is not without strings; strict oversight mechanisms are included to prevent research theft by foreign adversaries, particularly China.4
DOJ Constraints:
Reflecting Republican grievances regarding the alleged "weaponization" of the DOJ, the bill includes restrictive language on fund usage. It mandates quarterly reports to Congress on any reprogrammed funds and places specific limitations on the transfer of funds between accounts.4 This effectively limits the Attorney General’s discretionary power, forcing the DOJ to adhere strictly to congressional intent.

1.3 Deep Dive: Energy and Water Development

The Energy and Water Development division of H.R. 6938 is the cornerstone of the bill's national security component, funding the U.S. nuclear weapons complex and energy infrastructure.

Nuclear Modernization:
The bill provides robust funding for the National Nuclear Security Administration (NNSA), prioritizing the modernization of the nuclear stockpile. This is articulated as a direct response to the expanding nuclear arsenals of Russia and China.1 The legislation requires independent safety oversight for high-hazard nuclear construction projects, a provision likely inserted to address cost overruns and safety delays that have plagued facilities like the Mixed Oxide (MOX) Fuel Fabrication Facility in previous years.4
Energy Independence and Critical Minerals:
A major policy thrust of the bill is "unleashing U.S. energy dominance." This includes historic investments in mining production technologies to extract critical minerals domestically, reducing reliance on Chinese supply chains for materials essential to electric vehicles and defense systems.1 The bill also increases investment in geothermal energy and supports upgrades to the electrical grid to protect against cyberattacks.1

1.4 Deep Dive: Interior and Environment

The Interior division of the bill navigates the contentious terrain of land management, environmental regulation, and tribal sovereignty.

Wildland Fire Management:
With wildfire seasons becoming longer and more destructive, the bill allocates nearly $1.15 billion toward wildland fire management.4 This funding covers both suppression (fighting active fires) and rehabilitation (restoring burned lands). Crucially, it fully funds firefighter pay, addressing a long-standing recruitment and retention crisis in the federal wildland firefighting workforce.7
Tribal Obligations and PILT:
Chairman Mike Simpson (R-ID) highlighted that the bill "refuses to balance the budget on the backs of Tribes." It provides over $8 billion to the Indian Health Service (IHS) and fully funds Contract Support Costs and Section 105(l) leases, which are legal obligations to tribal nations.7 Additionally, the bill fully funds the Payment in Lieu of Taxes (PILT) program, which compensates local governments for tax revenue lost due to the presence of federal lands—a critical lifeline for rural counties in the West.1
Environmental Cuts:
Despite these investments, the bill reflects a conservative fiscal approach by enacting a nearly 4% cut to the Environmental Protection Agency (EPA) and a 2% cut to the Department of the Interior's topline budget.7 These cuts are targeted at regulatory enforcement arms and "bureaucratic overreach," fulfilling a GOP pledge to rein in the administrative state.

1.5 The Amendment Battleground

While the final passage was bipartisan, the amendment process revealed the deep ideological fissures within the House. The Rules Committee made in order several controversial amendments that forced members to go on the record on divisive social and environmental issues.8

The Gosar Amendments: Rep. Paul Gosar (R-AZ) introduced multiple amendments targeting specific environmental protections. One amendment sought to prohibit funds for the Baaj Nwaavjo I'tah Kukveni—Ancestral Footprints of the Grand Canyon National Monument, established by the Biden administration. Another targeted the "Quiet Technology" mandate over the Grand Canyon, and a third sought to block water diversion to Mexico under the 1944 treaty.8 These amendments highlight the localized nature of federal land disputes in the West.
The Titus Amendments: Rep. Dina Titus (D-NV) introduced amendments to restrict the transport of nuclear waste (a perennial Nevada issue regarding Yucca Mountain) and to protect National Monument designations from being revoked.8
The Min Amendment: Rep. Dave Min (CA) proposed an amendment to "zero out" the salary of Attorney General Pam Bondi (implying a future or current appointment context within the simulation's timeline) and demanded a report on the Jeffrey Epstein investigation, specifically focusing on financial networks and the treatment of survivors.8 This reflects the continued political potency of the Epstein scandal as a tool for demanding transparency.

The House ultimately navigated these amendments by allowing separate votes on different divisions of the bill. The vote to retain Division A (CJS) was 375–47, with the "Nay" votes coming primarily from conservatives objecting to DOJ funding levels and progressives objecting to law enforcement grants.6

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II. Procedural Warfare and Healthcare Policy: The Discharge of H.R. 1834

While H.R. 6938 represented a moment of legislative functionality, the proceedings surrounding H.R. 1834, the Breaking the Gridlock Act, illustrated the intense partisan warfare characterizing the 119th Congress.

2.1 The "Shell Bill" Mechanism

H.R. 1834 was introduced by Rep. James McGovern (D-MA) as a "shell bill"—a legislative vehicle containing various non-controversial provisions designed to attract broad support, but strategically used to force a procedural vote.9 On its surface, the bill contains a disparate collection of titles:

Title I: Establishing a "Semiquincentennial Congressional Time Capsule" to be buried on the Capitol grounds until July 4, 2276.9
Title II: Streamlining fire suppression cost-share agreements between federal and local agencies.9
Title IV: Mandating a new five-year strategy to combat Boko Haram in Nigeria.9
Title VII: A feasibility study on giving TSA employees commuting benefits.9

However, the true purpose of H.R. 1834 was not to legislate on time capsules or fire trucks, but to serve as the anchor for a discharge petition.

2.2 The Strategy of the Discharge Petition

A discharge petition is a parliamentary maneuver that allows a majority of the House (218 members) to force a bill out of committee and onto the floor, bypassing the Speaker and the Rules Committee.11 House Minority Leader Hakeem Jeffries (D-NY) utilized this tactic via H. Res. 780 to discharge H.R. 1834.13

The impetus for this rare maneuver was the expiration of the enhanced Affordable Care Act (ACA) premium tax credits on December 31, 2025. Democrats argued that Republican leadership had refused to bring an extension to a vote, leading to an average premium increase of 114 percent for millions of Americans.13 By discharging H.R. 1834, Democrats forced a vote that, while technically on the underlying bill, was politically framed as a referendum on healthcare affordability.

2.3 The Floor Debate and Vote

The debate on the discharge motion was fierce. Rep. Jeffries took to the floor to decry the "affordability crisis," linking the expiration of tax credits to the broader economic anxiety regarding housing and grocery costs.13 He argued, "If billionaires want another tax break, they get it in a nanosecond. If the rich and powerful want another loophole, it materializes out of thin air".13

Republicans, represented by Rep. Jason Smith (R-MO), countered that the discharge petition was a political stunt interfering with regular order. However, the motion to discharge H. Res. 780 succeeded by a vote of 224–202, indicating that a small bloc of Republicans joined all Democrats to force the debate.6

Following the discharge, H.R. 1834 itself passed by a vote of 230–196.6 The passage of this bill is significant not just for its content, but as a demonstration of the fragility of the Republican majority's control over the floor. It signaled that on "kitchen table" issues like healthcare costs, the majority is vulnerable to defections that can hand control of the agenda to the minority.

2.4 Deep Dive: The Boko Haram Strategy (Title IV)

Although the healthcare debate dominated the headlines, the substantive foreign policy provisions of H.R. 1834 are noteworthy. Title IV mandates that the Secretaries of State and Defense develop a five-year strategy to counter Boko Haram in Nigeria.9
Crucially, the bill requires this strategy to go beyond military aid. It forces the administration to:

Investigate Human Rights Abuses: Develop specific activities to improve the capacity of Nigeria and its partners to investigate and prosecute abuses by their own security forces.9
Rule of Law: Include plans to strengthen the civilian police and judicial systems.9
School Security: Address the specific threat to educational institutions, a direct response to the Chibok schoolgirls kidnapping and subsequent attacks.9
This provision reflects a congressional desire to condition security assistance on human rights reforms, acknowledging that heavy-handed military tactics by Nigerian forces have often exacerbated the insurgency.

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III. The Deregulatory Agenda: Rolling Back the Administrative State

Parallel to the appropriations and healthcare battles, the House Republican majority advanced a robust deregulatory agenda focused on energy efficiency standards. This effort is ideologically rooted in the "Article I" reclamation, asserting that unelected bureaucrats in the Department of Energy (DOE) should not dictate consumer choices or housing construction standards.

3.1 H.R. 4593: The SHOWER Act

The Saving Homeowners from Overregulation With Exceptional Rinsing (SHOWER) Act (H.R. 4593) addresses a long-standing cultural and regulatory grievance regarding water pressure.
History of the Conflict: The Energy Policy and Conservation Act (EPCA) of 1992 mandated a maximum water flow of 2.5 gallons per minute (gpm) for showerheads. Under the Obama administration, the DOE defined "showerhead" to mean the entire fixture, effectively capping total flow even for multi-nozzle luxury showers. In 2020, the Trump administration redefined "showerhead" to mean each nozzle, allowing significantly higher total flow. The Biden administration reversed this in 2021.16
The Legislation: H.R. 4593, introduced by Rep. Russell Fry (R-SC), seeks to codify the 2020 Trump definition, ensuring that the 2.5 gpm limit applies to each individual nozzle rather than the whole unit.18
The Arguments:

Proponents argue that the current regulations result in poor performance, forcing users to take longer showers and actually wasting water. They frame the issue as one of consumer freedom and "exceptionally rinsing".16
Opponents, including Rep. Kathy Castor (D-FL), argue that the bill creates a loophole for massive water waste and weakens efficiency standards that save consumers money on water heating bills.16
The bill was considered under a closed rule (H. Res. 977), which prevented Democrats from offering amendments to restore the stricter definition.21

3.2 H.R. 5184: The Affordable HOMES Act

A more economically consequential deregulation effort was H.R. 5184, the Affordable Housing Over Mandating Efficiency Standards (HOMES) Act, which passed by a vote of 263–147.22

The Policy Mechanism:
The bill strips the DOE of its authority to set energy efficiency standards for manufactured housing, transferring sole regulatory jurisdiction to the Department of Housing and Urban Development (HUD).23 Specifically, it nullifies a May 2022 DOE rule that required manufactured homes to meet the same efficiency standards as site-built homes, involving thicker insulation and tighter air sealing.23
The Economic Trade-off:
The debate centered on a classic conflict between upfront affordability and long-term operating costs.

The Republican Case: Rep. Erin Houchin (R-IN) argued that the DOE mandates added up to $10,000 to the cost of a new manufactured home. For low-income buyers in rural areas, this price hike could disqualify them from financing, effectively shutting them out of the housing market. By reverting to the HUD Code, which balances safety with affordability, proponents argued they were "cutting red tape" to solve the housing crisis.22
The Democratic Case: Opponents argued that while the sticker price might be lower, the lack of efficiency would condemn low-income residents to exorbitant monthly utility bills for decades. They contended that the bill effectively transfers the cost from the mortgage (which is fixed) to the energy bill (which is volatile).17

Political Significance:
The vote tally (263–147) indicates that nearly 50 Democrats crossed party lines to vote for the bill. This suggests that in the current political climate, concerns over immediate housing affordability and inflation are outweighing climate change and energy efficiency priorities for a significant bloc of the Democratic caucus.22

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IV. Executive and Judicial Confirmations: The Senate's Personnel Battles

While the House legislated, the Senate focused on personnel, confirming critical positions in the intelligence community, drug policy, and the federal judiciary. These votes served as a barometer for the Senate's partisan polarization and the evolving standards for confirmation.

4.1 Intelligence and Law: Joshua Simmons (CIA General Counsel)

The Senate confirmed Joshua Simmons as the General Counsel of the Central Intelligence Agency (CIA) by a vote of 53–47.25
Role and Significance: The CIA General Counsel is the agency's chief legal officer, responsible for determining the legality of covert actions, surveillance programs, and counterterrorism strikes. It is a position of immense power that largely operates in the shadows.
Partisan Divide: Simmons, a former State Department legal adviser and partner at Wiley Rein LLP, was nominated by President Trump and strongly supported by CIA Director John Ratcliffe.26 Despite his establishment credentials and support from the agency head, the vote was strictly partisan. This reflects the intense politicization of the intelligence community, where Democrats are increasingly wary of the legal justifications provided for executive actions in the intelligence sphere.

4.2 Drug Policy Shift: Sara Bailey (ONDCP Director)

The confirmation of Sara Bailey as Director of the Office of National Drug Control Policy (ONDCP) by a vote of 52–48 marks a significant paradigm shift in U.S. drug policy.28
From Public Health to Border Security: Recent "Drug Czars" have typically been medical doctors or public health experts (e.g., Dr. Rahul Gupta). Bailey, by contrast, is a former journalist and Fox News contributor known for her reporting on drug cartels and border security.29 Her appointment signals that the administration views the drug crisis primarily as a law enforcement and border security issue ("mapping the enemy") rather than purely a public health crisis.31
Controversy and Cannabis: Bailey faced opposition from Democrats who labeled her a "fentanyl conspiracy theorist" due to her past reporting on fentanyl-laced products.31 However, she also represents a libertarian shift on marijuana. She has publicly supported medical cannabis and expressed openness to legalization, stating, "I don't have any problem if it's legalized and it's monitored".30 This aligns with President Trump's reported executive moves to reschedule cannabis, creating a complex policy landscape where hardline border tactics coexist with domestic liberalization of marijuana.

4.3 The Judiciary and the "Litmus Test": Alexander Van Hook

The Senate confirmed Alexander C. Van Hook as a U.S. District Judge for the Western District of Louisiana by a vote of 53–40.32
The New Normal: Van Hook’s confirmation process highlighted the new "litmus test" for judicial nominees in the 119th Congress. During hearings, Van Hook refused to answer questions regarding the legitimacy of the 2020 election or his views on the events of January 6, 2021.33
Implications: In previous sessions, such refusals might have been disqualifying or at least paused a nomination. The successful confirmation of Van Hook demonstrates that for the Republican majority in the Senate, non-answers on these specific historical and political questions are acceptable for lifetime appointments. The vote was starkly divided, with almost all Democrats voting "Nay" (including moderates like Senators Manchin and Sinema, if they were present/voting), underscoring that the judiciary remains the most polarized arena of governance.32

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V. Geopolitical Context: The Western Hemisphere in Crisis

Legislative activity in January 2026 did not occur in a vacuum. Floor speeches and bill texts revealed a Congress deeply concerned with instability in the Western Hemisphere, specifically the collapse of the Maduro regime in Venezuela.

5.1 Venezuela and the War Powers Resolution

The floor remarks of Rep. Tom McClintock (R-CA) provided a window into the unfolding crisis. He spoke of "Maduro's ouster," the "rejoicing in the streets," and the "revival of the Monroe Doctrine".34 This suggests a scenario where the U.S. has actively supported regime change, leading to the departure of Nicolas Maduro.
However, this activist foreign policy triggered a legislative backlash. The Senate scheduled a vote on S.J. Res 98, a War Powers Resolution introduced by Senator Tim Kaine (D-VA) to direct the removal of U.S. Armed Forces from hostilities in Venezuela unauthorized by Congress.35 This indicates that U.S. troops may be on the ground or engaged in kinetic operations. The tension here is palpable: a Republican House celebrating the "ejection of malignant powers" versus a Senate concerned with constitutional war powers and the potential for "mission creep."

5.2 Nigeria and the Boko Haram Strategy

The inclusion of the Nigeria strategy in H.R. 1834 (discussed in Section 2.4) also reflects a geopolitical recalibration. The mandate for a new strategy acknowledges the failure of purely military approaches to the Boko Haram insurgency. By legislating requirements for human rights vetting and judicial reform, Congress is attempting to force the executive branch to address the root causes of radicalization—namely, the lack of justice and economic opportunity—rather than just supplying weapons to the Nigerian military.10

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VI. Conclusion: Governing in the Shadow of the Midterm

The legislative week of January 5–9, 2026, offers a microcosm of the 119th Congress. It is a body capable of high-level function when the stakes are existential—as evidenced by the bipartisan passage of the H.R. 6938 appropriations minibus to avert a shutdown. The "minibus" model, with its decentralized negotiations, appears to be a successful template for navigating a divided government.

Yet, this functionality coexists with deep, structural polarization. The discharge of H.R. 1834 reveals a Democratic minority that is tactically agile, capable of exploiting the majority's vulnerabilities on healthcare costs to hijack the floor agenda. Meanwhile, the Republican majority is aggressively pursuing a deregulatory agenda (SHOWER Act, HOMES Act) that prioritizes supply-side economics and consumer freedom over environmental consensus, successfully peeling off moderate Democrats on issues of housing affordability.

In the Senate, the confirmation of personnel like Sara Bailey and Alexander Van Hook solidifies a shift in the qualifications for public office, where alignment with the administration's specific worldview on border security and recent political history trumps traditional technocratic expertise.

As the session moves forward, the tension between the "governing" imperative (appropriations, defense authorization) and the "campaigning" imperative (healthcare discharge petitions, culture war bills) will likely intensify. With the breakdown of the Maduro regime adding a volatile foreign policy element to the mix, the 119th Congress faces a turbulent path to the November midterms.

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Appendix: Legislative Data and Vote Summaries

Table 2: Key Legislation Passed by the House (Jan 5–9, 2026)

Bill Number	Short Title	Vote Tally	Primary Purpose
H.R. 6938	Appropriations Minibus	397–28	FY2026 funding for Commerce, Justice, Science, Energy, Interior.
H.R. 1834	Breaking the Gridlock Act	230–196	Discharge vehicle for healthcare debate; includes Boko Haram strategy.
H.R. 5184	Affordable HOMES Act	263–147	Repeals DOE efficiency standards for manufactured housing.
H.R. 131	Arkansas Valley Conduit	Passed	Override of Presidential Veto (Veto Message consideration).

Table 3: Senate Confirmation Votes (Jan 5–9, 2026)

Nominee	Position	Vote Tally	Key Controversy/Context
Joshua Simmons	CIA General Counsel	53–47	Politicization of intelligence legal oversight.
Sara Bailey	Director, ONDCP	52–48	Shift from health focus to border security; cannabis views.
Alexander Van Hook	District Judge (W.D. La.)	53–40	Refusal to answer questions on 2020 election/Jan 6.

Table 4: Key Appropriations Provisions (H.R. 6938)

Department/Agency	Allocation/Action	Policy Implication
Wildland Fire	$1.15 Billion	Fully funds firefighter pay; focus on suppression & rehab.
Indian Health Service	$8+ Billion	Maintains treaty obligations; avoids budget cuts for Tribes.
Opioid Response	$185 Million	Targeted at fentanyl flow and substance use disorder.
EPA	-4% Cut	Reductions in regulatory enforcement divisions.
Dept. of Interior	-2% Cut	Targeted bureaucratic reductions; protection of PILT.

Note: All data derived from legislative texts and roll call votes sourced from congressional records.4

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Victor Acorda