Situational Awareness

Both the House of Representatives and Senate are in session this week. The House is set to consider its FY 2026 defense authorization bill, as well as a border enforcement bill that would establish harsher penalties (i.e., mandatory minimum sentences) for repeated illegal crossings across the U.S. border. Meanwhile, Senate Republicans are preparing to vote on a proposal that would invoke the so-called “nuclear option” to change Senate rules and allow lawmakers to confirm with a single vote 10 or more nominees who received bipartisan support in the same committee. This move is in response to various procedural tactics adopted by Senate Democrats to block votes on a number of President Trump’s nominees, which has resulted in a backlog. Lawmakers in both chambers must also work this week to reach a deal on funding the federal government on a short-term basis in order to avert a looming shutdown at the end of the month.

List of ‘No Tax on Tips’ Jobs Is Under White House Review

As reported in last week’s Washington Weekly Update, the Trump administration has finalized a draft list of nearly 70 occupations that will qualify under the “no tax on tips” provision of the Big, Beautiful Law. That proposed rule with the list was received Saturday by the White House Office of Information and Regulatory Affairs, according to OIRA’s website. This is the first step before the Treasury Department publishes a proposed rule. In addition to highly reported positions such as food servers, bartenders and casino dealers, golf caddies and sports and recreation instructors are also explicitly included.

DOL Publishes List of Regulatory Priorities

The Department of Labor released its semiannual Regulatory Agenda—a list of anticipated and ongoing rulemaking activities by federal agencies. The Unified Regulatory Agenda typically provides a timetable on when agencies anticipate releasing proposed or final rules. Included on the list is the Occupational Safety and Health Administration’s (OSHA) proposed heat standard. Most recently, OSHA held public hearings to receive feedback from stakeholders on how they could improve the current proposed rule, which was released under the Biden administration. DOL is also considering proposing updated rules for regulations related to determining whether a worker is an independent contractor and joint employer status. Notably, the Regulatory Agenda doesn’t include an updated overtime rule.

USCIS Director Outlines Plan to Curb Work Authorization

During an interview last week, U.S. Citizenship and Immigration Services (USCIS) Director Joseph Edlow outlined plans to curb work authorization for immigrants admitted through temporary humanitarian relief programs. According to the Spring 2025 Unified Regulatory Agenda, USCIS has impending regulations to limit discretionary approval of work permits for immigrants claiming asylum or covered by programs like Temporary Protected Status, deferred action, and parole that the Trump administration has targeted amid its sweeping immigration agenda. Most recently, USCIS posted a Federal Register notice that as of November 7, it would terminate the 2021 designation of Venezuela for Temporary Protected Status.