FEDERAL LEGISLATIVE UPDATE

Week of March 13, 2023

Congressional
Outlook

The Senate is in session starting Tuesday. The House is in recess until Wednesday, March 22.

 

Last Thursday, President Joe Biden unveiled his Fiscal Year (FY) 2024 budget summaries. The $6.9 trillion budget request includes a 6.5% increase in nondefense discretionary spending and a 3% increase in total defense spending. Today, the Biden Administration began releasing agency-level budget details, which serves as an unofficial start to the fiscal year appropriations process. Congress, as always, acknowledges the president’s budget and proceeds on its own path to passing FY 2024 spending legislation. House Speaker Kevin McCarthy (R-Calif) pledged to Republicans that the chamber would bring up the 12 appropriations bills individually in the 118th Congress while agreeing to an open amendment process. The individual passage of each spending bill will make for a complicated path to completing the appropriations process and heightens the potential for a continuing resolution at the end of Fiscal Year 2023 on September 30. As for a House Republican version similar to the president’s budget, House Budget Committee Chair Jodey Arrington (R-Texas) mentioned that his party is in “no rush” to present their budget proposal, and the expectation is an early to mid-May release.

 

After Silicon Valley Bank collapsed on Friday, Congress received a briefing from the Treasury Department regarding how best to contain the fallout from the bank's failure. The collapse marks the most significant failure of a bank since the 2008 financial crisis. On Tuesday, Senate Majority Leader Chuck Schumer (D-N.Y) will file cloture on a bill to repeal the authorizations for the use of military force against Iraq (S. 316). The bipartisan bill introduced by Sens. Tim Kaine (D-Va.) and Todd Young (R-Ind.) would end the authorized use of military force or AUMF as commonly referred to ends the 1991 and 2002 Iraq authorizations. Many are unsure of the bill’s path in the House following the vote in the Senate, but the bill could join the National Defense Authorization Act (NDAA) as an amendment. The Senate will also vote on Brent Neiman's nomination as Deputy Under Secretary of the Treasury for International Finance and Development.

 

House Republicans have identified a large energy package titled the Lower Energy Costs Act (H.R. 1) as one of their top legislative priorities. The bill's contents include proposals aimed at streamlining the country’s approval process for energy and mining permitting processes and ensuring minerals for advanced technology come from the U.S. The bill will receive a formal introduction next week, and a vote on the bill should occur during the last week of March. Upon the House’s return next week, Republicans will continue investigations into the Biden Administration, led by Rep. James Comer (Ky.), the Chair of the House Oversight Committee. At the start of the 118th Congress, Republicans highlighted an approach to oversight and investigations calling to account various events and leadership within the Biden Administration. Thus far, the probes have included Covid-19, the migrant crisis at the border, oversight of the Office of Personnel Management, and pandemic spending. House Republicans will continue investigating the January 6 attack on the Capitol, the withdrawal of U.S. troops from Afghanistan, Ukraine aid, and the train derailment in East Palestine, Ohio.

 

For the remainder of this week, the Senate will hold several committee hearings, including an Environment and Public WorksCommittee hearing on the “Implementing IIJA: Perspectives on The Drinking Water and Wastewater Infrastructure Act;” a Banking, Housing, and Urban Affairs Committee hearing on “Local Views on Public Transportation, Transit Infrastructure and Operations, and Federal Transit Programs;” a Budget Committee hearing on “The President's Fiscal Year 2024 Budget Proposal” with testimony from Office of Management and Budget Director Shalanda Young; and a Finance Committee hearing on “The President’s Fiscal Year 2024 Budget” with testimony from Treasury Secretary Janet Yellen.

Last Week

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Scalise: Broad GOP Energy Package To House Floor This Month READ MORE


Senate Republican leader Mitch McConnell is being treated for a concussion after a fall READ MORE


FEDERAL LEGISLATIVE UPDATE

Week of February 27, 2023

Congressional
Outlook

Both chambers are in session this week. The House will have a short week of session, with House Democrats beginning their legislative retreat in Baltimore on Wednesday. The Biden Administration is still scheduled to release its proposed Fiscal Year (FY) 2024 budget on Thursday, March 9, officially kickstarting the annual budget and appropriations process on Capitol Hill. 

 

The House will consider 5 bills under suspension of the rules, including the Informing Consumers about Smart Devices Act (HR 538), which requires the disclosure of a camera or recording capability in certain Internet-connected devices. The House will also vote on the Understanding Cybersecurity of Mobile Networks Act (H.R. 1123) to direct the Assistant Secretary of Commerce for Communications and Information to submit to Congress a report examining the cybersecurity of mobile service networks. The House will also vote on H.J. Res. 30, a disapproval resolution under the Congressional Review Act, which overturns a December 2022 Biden Administration Department of Labor rule on the environmental, social, and governance (ESG) factors in retirement plans; and the Reduce Exacerbated Inflation Negatively Impacting the Nation (REIN IN) Act (H.R. 347), which requires the White House Office of Management and Budget and the Council of Economic Advisers to prepare a report including the inflationary effects for any executive action with an estimated impact of at least $1 billion. On the Senate side, Sen. James Lankford (R-Okla.) will uphold the upper chamber’s longstanding tradition of delivering Washington’s Farewell Address. Following the address, the Senate will vote on the nomination of Jamar Walker to be a U.S. District Judge for the Eastern District of Virginia. Following the February 3 train derailment and fire in East Palestine, Ohio, both chambers will hold a total of 5 hearings on the response and aftermath of the disaster.

 

After a slow start to the 118th Congress, lawmakers are preparing for many legislative battles ahead. The top items congressional leaders are set to begin negotiations on include raising the debt limit and reauthorizing the Federal Aviation Administration and Farm Bill programs. The latter two items both face expiring authorization deadlines of September 30, 2023, forcing action from Capitol Hill in the months to come. To begin the 118th Congressional session, House Republicans have set their focus on probing the Biden Administration while Senate Democrats have continued working to confirm President Biden’s executive and judicial nominees. The annual earmarking process is also underway, with guidance updates from the House still outstanding for the 118th Congress, as of Feb. 27. Other key issues that lawmakers may attempt to address this year are energy permitting, marijuana banking, and kids’ online privacy, to name a few.

 

For the remainder of this week, the House will hold several committee hearings, including a Agriculture Committee hearing on “Uncertainty, Inflation, Regulations: Challenges for American Agriculture” and a Natural Resources Committee hearing on “H.R. 2515, ‘Building U.S. Infrastructure through Limited Delays and Efficient Reviews (BUILDER) Act of 2023’”. The Senate will hold several committee hearings, including an Agriculture, Nutrition, and Forestry Committee hearing on the “Farm Bill 2023: Conservation and Forestry Programs;” and a Commerce, Science, and Transportation Committee hearing on “The Nomination of Phillip Washington to be Administrator of the Federal Aviation Administration (FAA).”

Last Week

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FEDERAL LEGISLATIVE UPDATE

Week of February 21, 2023

Congressional
Outlook

Both chambers are in recess until Monday, February 27. 

 

As Congress stands in recess for the week, the Senate Appropriations Committee shared guidance and deadlines for the Fiscal Year (FY) 2024 Congressionally Directed Spending (CDS) process last Friday. 

 

The deadlines for the Subcommittee are as follows.

  • Agriculture, Rural Development, Food, and Drug Administration, and Related Agencies March 31, 2023
  • Commerce, Justice, Science, and Related Agencies April 5, 2023
  • Defense (not accepting CDS requests) April 14, 2023
  • Energy and Water Development March 30, 2023
  • Financial Services and General Government March 31, 2023
  • Homeland Security April 11, 2023
  • Interior, Environment, and Related Agencies April 4, 2023
  • Labor, Health and Human Services, Education, and Related Agencies April 13, 2023
  • Legislative Branch (not accepting CDS requests) March 30, 2023
  • Military Construction, Veterans Affairs, and Related Agencies April 7, 2023
  • State, Foreign Operations, and Related Programs (not accepting CDS requests) April 12, 2023
  • Transportation, Housing and Urban Development, and Related Agencies April 6, 2023

 

Senators are still finalizing their official deadlines for CDS requests. The House Appropriations Committee and House leadership still need to update guidance at this time, but the expectation is the committee will announce updated guidelines and deadlines soon. Many conservative members have called for changes to the earmarking process, a call that many expect Speaker Kevin McCarthy (R-Calif.) to follow, with the magnitude of the changes yet to be determined.

 

Lawmakers are taking advantage of the time off and are scheduling various Congressional Member Delegation (CODEL) trips. Recess is a typical time for members to take CODELs or official visits abroad. After dozens of senators and members attended the Munich Security Conference, Senate Majority Leader Chuck Schumer (D-N.Y.) led a CODEL to India, discussing India as a counterweight to China. Additionally, Senate Minority Leader Mitch McConnell (R-Ky.) will host a group of Republicans in the United Arab Emirates. The group includes freshman members Sens. Katie Britt (R-Ala.), Pete Ricketts (R-Neb.), Ted Budd (R-N.C.), and Markwayne Mullin (R-Okla.). These visits 

 

Today, voters in Virginia’s 4th District will head to the polls in a special election to fill the late Rep. Donald McEachin’s (D-Va.) seat. State Sen. Jennifer McClellan, a Democrat, is expected to win the seat that President Biden won by 36 percent in the 2020 election facing off against Republican Leon Benjamin.

Last Week

Senate releases guidance on Congressionally Directed Spending for FY 2024 READ MORE


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FEDERAL LEGISLATIVE UPDATE

Week of February 13, 2023

Congressional
Outlook

The Senate is in session this week, while the House will be on recess for the next two weeks returning on February 27. 

 

Following President Biden’s State of the Union address, Congress will receive President Biden’s Fiscal Year 2024 Budget Request on March 9. Members of Congress have started releasing deadlines for earmarks (i.e., Community Project Funding and Congressionally Directed Spending requests in the House and Senate, respectively.) House and Senate Appropriations Committee leadership will share guidance on the process as early as this month. The update will include any changes to accounts available for Member requests and potential limits to the total number of project requests submitted. On the House side, Speaker Kevin McCarthy (R-Calif) and House Appropriations Committee Chair Kay Granger (R-Texas) are working with their conference to update the lower chamber’s rules on earmarks, rolling out potential changes and receiving feedback from Members. Rep. Tom Cole (R-Okla.), Chair of the Transportation, Housing and Urban Development Appropriations subcommittee, said the Speaker mentioned the phrase “federal nexus” when referring to FY24 Community Project Funding requests. Cole continued saying the federal nexus would “make sure these are more directly things that you would expect the federal government to be involved in.” The House Appropriations Committee process may also require additional evidence of community support for each request.  

 

June is the likely deadline for Congress to vote to raise the debt ceiling, and the most significant sticking point to negotiations is spending cuts. On Sunday, Senate Majority Leader Chuck Schumer (D-N.Y.) accused Republicans of playing “brinkmanship” over the debt ceiling. Leader Schumer saidSpeaker McCarthy “will not even say what he wants to cut” while insisting on a clean debt ceiling. Currently, Democrats will not commit to any cuts, a demand that Republicans say is necessary. Today, Senators will vote on the confirmation of nominee Cindy Chung to be a U.S. Circuit Judge for the Third Circuit and a motion to invoke cloture on Gina Mendez-Miro to be a U.S. District Judge for the District of Puerto Rico.

 

For the remainder of the week, the Senate will hold several committee hearings, including an Agriculture Committee hearing on the “Farm Bill 2023: Nutrition Programs;” and an Environment and Public Works Committee hearing on “The Future of Low Carbon Transportation Fuels and Considerations for a National Clean Fuels Program”  

Last Week

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5 takeaways from Biden's State of the Union address READ MORE


GOP races from Medicare, Social Security third rail READ MORE


Senators to receive briefing on China after fourth object shot down READ MORE


Fetterman leaves hospital, will return to Senate next weekREAD MORE


Biden fires Architect of Capitol after backlash over report that found abuse of office READ MORE


Tlaib, Kaptur re-introduce Restoring Communities Left Behind Act READ MORE


EPA Seeks Input on Inflation Reduction Act Environmental and Climate Justice Program READ MORE


Interior Department Takes Action to Strengthen Endangered Species Act READ MORE


HUD Issues New Proposed “Affirmatively Furthering Fair Housing” Rule READ MORE


EPA Announces Second $1B Round of IIJA Funding for Superfund Cleanups, 22 New Sites READ MORE


FEDERAL LEGISLATIVE UPDATE

Week of February 6, 2023

Congressional
Outlook

Both chambers are back in Washington, D.C., this week. President Biden will address the nation and Congress will continue conversations around raising the federal debt limit.

 

President Biden will deliver his second State of the Union address on Tuesday evening at 9pm ET/6pm PT. The President’s primetime address will outline his vision for the country in the last half of his first term and potentially set the stage for a 2024 run for the presidency. State of the Union addresses allow the President to speak about an administration’s legislative priorities. Biden will likely speak on the following topics: a clean debt ceiling increase, police reforms, the war in Ukraine, immigration, the economy, and implementation of the Bipartisan Infrastructure Law and Inflation Reduction Act. In addition to his speech outlining the health of the nation, the Biden Administration last week announced that the release of the President’s Fiscal Year (FY) 2024 Budget Request will occur on Thursday, March 9. The release of the budget is typically the start of the congressional budget and appropriations cycle, including earmarks (i.e., Community Project Funding and Congressionally Directed Spending in the House and Senate, respectively.)

 

The House will consider 3 bills under suspension of the rules, including the Energy Cybersecurity University Leadership Act of 2023 (HR 302), which directs the Secretary of Energy to establish a program to provide financial assistance to graduate students and postdoctoral researchers pursuing certain courses of study related to cybersecurity and energy infrastructure. The House will also vote on three additional bills, including, H.R. 185, to terminate the requirement imposed by the Director of the Centers for Disease Control and Prevention for proof of COVID–19 vaccination for foreign travelers and two House Resolutions disapproving of actions taken by the District of Columbia Council. Following this week’s votes, the House will take a two-week hiatus for District Work Weeks back home and return to legislative items in Washington on February 27. On the Senate side, the upper chamber will vote on the nomination of DeAndrea Benjamin to be a U.S. Circuit Judge for the Fourth Circuit. Both parties will then have their party retreats on Wednesday.

 

After the first in-person conversation on the debt limit, President Biden and Speaker of the House Kevin McCarthy (R-Calif) were able to outline the beginnings of what will turn into a several-months long negotiation. The White House released a statement noting the conversation was “frank and straightforward,” while Speaker McCarthy pointed out that the discussion included “no agreements, no promises.” McCarthy wants a two-year spending cap deal covering FYs 2024 and 2025, while Biden hopes to preserve initiatives already passed through Congress. Implications for the parties’ inability to agree to a debt limit package could result in a first-ever U.S. default. According to Jared Bernstein, a Council of Economic Advisers member, the inevitable negotiations are still an “absolute non-starter” as the White House maintains its stance on raising the debt ceiling. Rep. Brian Fitzpatrick (R-Pa.), co-chair of the House Problems Solvers Caucus, said that there are GOP members who would break with Republican leadership to raise the debt ceiling. He also added that Democrats must agree to spend cuts along the way.

 

This week, the House and Senate will continue organizational meetings, formally settling committees into the 118th session.

 

For the remainder of the week, the House will hold several committee hearings, including two Transportation and Infrastructure Committee hearings on “FAA Reauthorization: Enhancing America’s Gold Standard in Aviation Safety” and one  on “Stakeholder Perspectives on the Impacts of the Biden Administration’s Waters of the United States (WOTUS) Rule.” On the Senate side, the Agriculture Committee will hold a hearing on the “Farm Bill 2023: Commodity Programs, Crop Insurance, And Credit.” 

Last Week

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House passes resolution to remove Ilhan Omar from Foreign Affairs Committee READ MORE


House Republicans float one spending cut in debt ceiling bill: Unspent Covid money READ MORE


As G.O.P. Rails Against Federal Spending, Its Appetite for Earmarks Grows READ MORE


FEDERAL LEGISLATIVE UPDATE

Week of January 30, 2023

Congressional
Outlook

Both chambers are back in Washington, D.C., this week. Each chamber will hold its first formal hearings, with the House focusing on several oversight issues, while the Senate will discuss the 2023 Farm Bill and implementation of the Bipartisan Infrastructure Law. Debt limit negotiations and outstanding committee assignments also remain points of contention. 

 

The House will consider 5 bills under suspension of the rules, including the Cost-Share Accountability Act of 2023 (HR 342), which requires the Department of Energy to report on the use of its authority to reduce or eliminate the cost-sharing requirements for its research, development, demonstration, and commercial application program or activities under the Energy Policy Act of 2005. The House will also consider the  Expanding Access to Capital for Rural Job Creators Act (HR 298), which mandates the Advocate for Small Business Capital Formation within the Securities and Exchange Commission to report on issues encountered by rural-area small businesses. The House Rules Committee will also meet on 5 additional bills, four of which center around ending policies created during the height of the COVID-19 pandemic. 

 

After agreeing to speak on the debt limit, President Joe Biden and Speaker of the House Kevin McCarthy (R-Calif.) will officially meet this Wednesday at the White House. The White House has maintained that there will be no concessions on spending cuts while citing a willingness to work in a bipartisan manner to avoid defaulting on the country’s debts. Some members of the GOP have called for cuts to Social Security and Medicare, while the Speaker has reiterated that those cuts are off the table. We are still awaiting details on what both sides will be willing to concede as part of these negotiations. This meeting should provide additional insight as negotiations ramp up.

 

The Senate remains in limbo as the upper chamber will not begin work in earnest until an organizing resolution passes. Passage of this resolution formally organizes the upper chamber for 2023 and 2024 and is done after both parties decide on committee rosters. Senate Republicans have yet to complete their rosters, citing snags in the process. We expect the Senate to approve an organizing resolution later this week once Senate Republicans finalize their committee assignments. Senate Minority Whip John Thune (R-S.D.) expects the Senate GOP Conference will complete its rosters early this week. Senate Majority Leader Chuck Schumer (D-N.Y.) set a vote for tonight at 5:30pm ET, however, there is no announcement about what is being voted on specifically. 

 

This week, the House and Senate will formally settle a handful of committees into the 118th session with organizational business meetings. Those Committees include Judiciary, Oversight, and Transportation and Infrastructure on the House side and Environment and Public Works and Commerce, Science, and Transportation on the Senate side. For the remainder of the week, the House will hold several committee hearings, including a Transportation and Infrastructure Committee hearing on “The State of Transportation Infrastructure and Supply Chain Challenges;” and an Oversight and Accountability Committee hearing on “Rampant Waste of Taxpayer Dollars in COVID Relief Programs.” The latter hearing expects to discuss the distribution of available vaccines and American Rescue Plan Act funding with assistance from states. On the Senate side, the Agriculture Committee will hold a hearing on the “Farm Bill 2023: Trade And Horticulture;” and the Energy and Natural Resources Committee will hold a hearing on the “Implementation of the Infrastructure Investment and Jobs Act.”

Last Week

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Here's what to know about the House GOP investigations beginning this week READ MORE


FEDERAL LEGISLATIVE UPDATE

Week of January 23, 2023

Congressional
Outlook

Both chambers are back in Washington, D.C., this week. The Senate returns today and the House on Tuesday. The first few weeks of the 118th session focused on procedural matters, and now lawmakers will begin working on legislative items – the debt limit as the most significant.

 

On Thursday, the U.S. reached the $31.4 trillion debt ceiling, forcing the beginning of “extraordinary measures,” according to Treasury Secretary Janet Yellen. House Republicans, led by Speaker of the House Kevin McCarthy (R-Calif), are aiming for a debt limit deal that includes cuts to spending, while the White House has remained firm that it is unwilling to negotiate. President Joe Biden and Speaker McCarthy agreed to meet on the debt limit, but there is no date set. The “extraordinary measures” to avoid a credit default is said to expire as early as Memorial Day, near the 4th of July, and as late as August. Lawmakers have a history of fierce battles over the debt limit, leaving speculation around the timeline of a solution.

 

Senate Democrats will put nominations at the forefront of their legislative agenda. Today, the Senate will vote on Brendan Owens’ nomination as Assistant Secretary of Defense for Energy, Installations, and Environment. Through President Biden’s first two years in office, the Senate has confirmed 79% of the Biden Administration’s appointees (or 609) compared to 425 appointments during the same time under the Trump Administration. The Biden Administration’s pace, however, is slower than former Presidents Barack Obama and George Bush. Senate Majority Leader Chuck Schumer (D-N.Y.) called nominations one of the top priorities for the Senate. One of the most contentious nominations is President Biden’s choice for administrator of the Federal Aviation Administration (FAA), Phil Washington. The pick has drawn criticism from Republicans cite his lack of aviation experience and that his name appeared in a search warrant investigating political corruption in Los Angeles. Given the recent challenges in airports nationwide, the Biden Administration sees the position as vital.

 

Congressional committee assignments are still an outstanding issue for the 118th Congress. House Republicans have come close to finalizing assignments for their caucus. At the same time, House Democrats will need approval for posts from the Speaker on several controversial members. In a letter to Speaker McCarthy, Democratic Leader Hakeem Jeffries (D-N.Y.) called for Reps. Adam Schiff (D-Calif.) and Eric Swalwell (D-Calif.) to remain on the Intelligence Committee after McCarthy has vowed to remove them. While House assignments are nearly final, the Senate is a different story. The upper chamber still needs to decide on the total number of members on each committee before finalizing rosters. Some believe the Senate will complete committee rosters this week even as chairs for committees and subcommittees remain up in the air.

Last Week

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Five things to know about Jeff Zients, who is in line to be Biden’s next chief of staff READ MORE


FEDERAL LEGISLATIVE UPDATE

Week of January 17, 2023

Congressional
Outlook

Following Martin Luther King Jr. Day, both chambers are in recess until next week. The Senate returns to Washington Monday, the 23rd, and the House on the 24th. Leadership and staff will continue to finalize committee assignments for the 118th.

 

Debt limit

 

The debt limit will remain in the spotlight even as both chambers of Congress are in recess. The U.S. will likely hit the $31.4 trillion debt ceiling on Thursday. In a letter to House Speaker Kevin McCarthy (R-Calif.), Treasury Secretary Janet Yellen said that the agency would begin “extraordinary measures” after the U.S. reaches its statutory borrowing limit. Following the increase to the debt limit on December 16, 2021, via P.L. 117-73, the Secretary advised that those measures to prevent a default will likely exhaust near the beginning of June. The debt limit issue features a history of tense negotiations among lawmakers. In 2011, Congress fiercely fought over what concessions to agree to, and many are speculating whether this year’s debt ceiling debate might be worse. Speaker McCarthy urged conversations to start on debt ceiling compromises, telling reporters there is no reason to wait until the last minute. In a joint letter, Democratic leaders Senate Majority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Hakeem Jeffries (D-N.Y.) called for Congress to move quickly to pass a legislative solution for the debt limit and “prevent a disastrous default.” Both sides have publicly stated their desire to achieve an expeditious fix to the debt limit, but first, Republicans must agree on what concessions they will want from Democrats who are currently unwilling to compromise.

 

118th Congressional Committees

 

The House will now pivot to settle committee assignments. Today, the Republican House Steering Committee is working on completing committee assignments for the party’s conference. Speaker McCarthy and Minority Leader Jeffries agreed to ratios on the four “A” committees: Appropriations, Energy and Commerce, Financial Services, and Ways and Means. The agreement for the most sought-after committees makes minor changes to the ratios within each committee, maintaining the balance Democrats used in the 117th Congress. Minority Leader Jeffries told Democrats in a dear colleague letter that he expects to end negotiations on the ratios for the remaining committees by the end of this week. While House Republicans finalize their committee rosters this week, Democrats will “complete the committee assignment process this month upon our return to Washington,” Jeffries said. On Wednesday, House Republicans announced the selection of the 12 subcommittee chairs for the powerful Appropriations Committee.  

Last Week

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Treasury Secretary send letter to Speaker McCarthy on Debt Limit READ MORE


FEDERAL LEGISLATIVE UPDATE

Week of January 9, 2023

Congressional
Outlook

The House returns to Washington to vote on the rules package for the 118th Congress in the lower chamber. The Senate will remain in recess until Monday, January 23.

 

After 15 rounds of voting, the House of Representatives elected Rep. Kevin McCarthy (R-Calif.) as Speaker of the House.Speaker McCarthy won by a vote of 216-212-6, becoming the longest vote in 164 years. McCarthy offered various concessions to win the votes of many of the House Freedom Caucus members. The concessions came in the form of the “rules package,” which decides how the House of Representatives will operate and outlines the priorities of the GOP. Negotiations by McCarthy, leadership, and top aides have been ongoing since Republicans won a majority last November. Those negotiations continued until the last round of voting to secure votes from the most conservative members of the Republican Conference (more on those concessions below). 

 

Now Speaker McCarthy must pivot to passing a rules package. McCarthy swayed the most conservative members to win the Speaker’s gavel, and now must convince moderate members to vote for the package. Currently, Reps. Tony Gonzalez (R-Texas) and Nancy Mace (R-S.C.) have publicly stated they may vote against the rules package. Leadership can only lose four votes in the effort to pass the package. A 55-page public rules package exists with changes to the rules that will govern the House of Representatives for at least the next two years. Not featured in that version of the package are a reported three additional pages of rules negotiated over the 6 days needed to secure the necessary votes for Speakership. Some of the concessions and other changes in the rules package include: 

 

  • An agreement to allow any single House member to offer a resolution that would force a vote on removing the Speaker from office. In 2018 after winning the majority, Democrats modified the rule to allow for such a motion only if offered at the direction of the Democratic Caucus or Republican Conference. Upon winning the majority in November, the GOP plan was to require that at least five Republicans offer such a resolution, and now it’s just one.
  • Separate votes on each of the 12 appropriations bills rather than one omnibus spending bill.
  • Lawmakers will have 72 hours to review bills before they appear on the House floor.
  • When a bill is introduced, it must be limited to a single subject.
  • Creates a point of order against floor rules that waive the House’s germaneness rule. That rule provides that an amendment must address the same subject as the matter being amended. 
  • Promises to vote on bills representing key issues for conservative lawmakers, including abortion, border security, and other legislative priorities. 

 

Members of the House were sworn in and will begin work by voting on the Family and Small Business Taxpayer Protection Act (H.R. 23), a bill to rescind $80 billion in IRS funding approved as part of the Inflation Reduction Act. This bill was a top priority of House Republicans and will symbolically serve as the first legislative item to receive a vote. The House will work through votes on several committee chairs, including Homeland Security, Ways and Means, Budget, & Education and the Workforce.

Last Week

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These Republicans were selected to chair House Committees after Speaker battle delay READ MORE


FEDERAL LEGISLATIVE UPDATE

Week of December 19, 2022

The NSDC Legislative Update will go on hiatus until January 3, 2023 (a Tuesday edition). We send our sincerest wishes for a happy, healthy holiday season and a prosperous New Year!

Congressional
Outlook

After finalizing the National Defense Authorization Act (NDAA), Congress will pivot fully to the last legislative item of the 117th Congress, an omnibus funding package. 

 

The deadline for passing a spending package is Friday, December 23 (after President Biden signed a week-long continuing resolution) giving Congress just five days to work through questions about what policy riders to include, tricky timing, and various procedural votes. House Appropriations Chair Rosa DeLauro (D-CT) expressed her confidence in passing an omnibus package while noting she “can’t account for crazy things.” After reaching a deal on the elusive topline funding numbers, Congress agreed to the $1.7 trillion figure to fund the dozen appropriations bills. Over the weekend, staffers from various subcommittees and leadership offices worked to pull together the legislative text for the 1,000-plus page bill to fund the federal government through September 2023. 

 

Here is how we expect the process on the omnibus to play out. The Senate will take up the bill first, with an unveiling of the text expected Monday afternoon. Senate Majority Leader Chuck Schumer (D-NY) will file cloture (ending debate), setting up a procedural vote on Wednesday. Once the Senate passes the bill, the House can move in short order to pass it. Speaker of the House Nancy Pelosi (D-CA) has a slim two-vote majority to work with, but many assume House Republicans will join in passing a bipartisan spending package. Which policy riders Congress will include in the omnibus is unclear. President Joe Biden wants $37 billion in additional economic and military aid for Ukraine. The Electoral Count Reform and Presidential Transition Improvement Act of 2022 (S. 4573), a bill revising the process of casting and counting electoral votes for presidential elections and provisions for the presidential transition process, will be inserted into the bill. Other outstanding issues include tax extenders and provisions to avoid cuts to Medicare spending for providers.

 

After passing the omnibus spending bill, Congress will go on recess until January 3, 2023. We will begin reporting on the 118th Congress and what to expect early in the new year. Key items to be reported on are the legislative agenda for the 118th Congress, Rep Kevin McCarthy’s (R-CA) battle for Speaker of the House, the state of Congressional earmarks, and more.

Last Week

Top appropriators clinch deal on government funding framework READ MORE

 

Omnibus spending package dropping Monday READ MORE

 

Biden signs short-term funding bill, averting government shutdown READ MORE

 

Jan. 6 committee finalizes criminal referral plan for TrumpREAD MORE


FEDERAL LEGISLATIVE UPDATE

Week of December 12, 2022

Congressional
Outlook

Congress has officially entered crunch time to avoid the feared one-year continuing resolution (CR). Lawmakers face a Friday, December 16 deadline to avert a government shutdown. As the lame-duck session concludes, we will cover government spending, NDAA, and more.

 

Democrats reported the potential of releasing their own versions of a fiscal year 2023 omnibus spending package and a yearlong continuing resolution last week. After a weekend of progress, through negotiations, those plans were placed on hold. A spokesperson to Senate Appropriations Chair Patrick Leahy (D-VT) believes “sufficient progress in negotiations took place over the weekend to delay the introduction of the omnibus appropriations bill for the time being.” The topline negotiations center around $25 billion, a number that Republicans and Democrats are apart on non-defense spending. 25$ billion represents an otherwise small portion of the $1.7 trillion in funding but has left discussion in a stalemate. Republicans believe that Democrats funded specific non-defense priorities through the Inflation Reduction Act. As mentioned earlier, if lawmakers fail to pass an omnibus spending package, Congress would use a full-year CR as a contingency plan. The Department of Defense has shared letters with Congressional leaders about the pitfalls that would bring to the department’s operating abilities. Additionally, negotiators agreed to include earmarks if a year-long CR is a path that Congress chooses. While talks about topline numbers continue, Congress has until Friday at midnight to pass legislation to avoid a shutdown. Many expect a short-term CR either to December 23 or early next year. The short-term CR will give lawmakers enough time to work through the procedural and logistical hurdles of passing the bill through both chambers. Passing a spending bill is still the goal for all parties and chambers involved. We predict that Congress will pass an omnibus after a week-long extension to December 23.

 

Following the House-passage of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (HR 7776) on a vote of 350 - 85, the Senate will vote on the must-pass legislation this week. The NDAA features $858 billion in defense spending, an 8% increase from FY 2022 and $45 billion more than the White House requested. The NDAA includes a 4.6% pay raise for active-duty personnel, $800 million to Ukraine for military assistance, $10 billion in military aid to Taiwan over 10 years, and an overhaul to the military’s approach to sexual misconduct. The House version included a bipartisan amendment to end the COVID-19 vaccine mandate for service members. The Senate will work through amendments, and Senate Majority Leader Chuck Schumer (D-NY) has yet to determine if he will allow a vote on permitting reform, a measure sought after by Sen. Joe Manchin (D-WV) that would expedite the environmental review process for energy projects.


The House will consider 39 bills under suspension of the rules, including the Senate-passed Flood Level Observation, Operations, and Decision Support (FLOODS) Act (S 1617), which would authorize the Small Business Administration (SBA) to declare a disaster in rural areas impacted by significant damage and provide specific assistance. The House will also vote on the Equal Access to Green Cards for Legal Employment (EAGLE) Act of 2022 (H. R. 3648), which would require the National Oceanic and Atmospheric Administration (NOAA) to expand its efforts to forecast floods and communicate with the public. 

 

Various House and Senate committees will hold hearings this week, including a Senate Energy and Natural Resources Committee hearing on “The Department of the Interior’s Implementation of the Infrastructure Investment and Jobs Act,” a Senate Commerce, Science, and Transportation hearingon “Solutions to Meet America's Broadband Needs” and the House Oversight and Reform Committee hearing on “Preparing for and Preventing the Next Public Health Emergency: Lessons Learned from the Coronavirus Crisis.” 


Last Week

Parties play chicken on omnibus as shutdown deadline approaches READ MORE

 

U.S. House overwhelmingly approves bill backing record military spending READ MORE

 

Sinema leaving the Democratic Party and registering as an independent READ MORE

 

Sen. Raphael Warnock wins Georgia Senate runoff, defeating GOP challenger Herschel Walker READ MORE

 

Manchin’s last-gasp permitting effort fails READ MORE

 

Thin House majorities, current and future, color spending talks READ MORE

 

The big-deal bills Congress needs to pass before the end of the year READ MORE

FEDERAL LEGISLATIVE UPDATE

Week of December 5, 2022

Congressional
Outlook

Congress returns to Washington, D.C., with 11 days to pass a fiscal year 2023 federal spending bill, as the current bill expires on December 16. Also on the docket is the must-pass annual defense authorization bill.

 

Federal government spending is the hot topic of discussion for lawmakers, and topline spending numbers were the center of this weekend’s continued negotiations. House Majority Leader Steny Hoyer (D-MD) was hoping for a deal by today. However, there is speculation that a deal will not be made before Wednesday. Negotiations center specifically around non-defense spending, where Republicans hope to keep additional funding down after they argue social programs received significant funding through the Inflation Reduction Act. The topline numbers are critical to unlocking the rest of the process. An agreement allows appropriators to finalize the 12 annual spending bills. A week-long continuing resolution (CR) is expected to be passed by the December 16 deadline, keeping the federal government open through December 23. However, there is speculation that the funding dilemma could wage until December 30 or New Year’s Eve. All told, time is running out for an omnibus package, and failure to reach a compromise could result in a full-year CR at fiscal year 2022 funding levels. Note, earmarks would not be included in a long-term CR. Tax extenders have entered the conversation as a potential omnibus policy rider, which could feature the expanded Child Tax Credit. Like everything else, inclusion is uncertain. 

 

Lawmakers will release the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (HR 7776) sometime today. Rep. Adam Smith (D-WA), Chair of the House Armed Services Committee, confirmed the bill’s release on Saturday after the House and Senate settled on $858 billion for defense spending. That is $45 billion higher than requested by the Biden Administration. One item conservatives want to add to the NDAA is a provision that would end the Defense Department’s Covid vaccine mandate. Also, Senator Joe Manchin (D-WV) is making a last-ditch effort to include permitting reform in the NDAA, which would speed up approval of clean energy, pipeline, and electricity transmission projects.

 

The House will consider 12 bills under suspension of the rules, including the Senate-passed Community Disaster Resilience Zones Act of 2022 (S 3875), which would maintain a natural disaster hazard assessment program that develops and maintains publicly available products to show the risk of natural hazards across the United States. The House will also vote on the Senate-passed Disaster Assistance for Rural Communities Act (S 1617), which would authorize the Small Business Administration (SBA) to declare a disaster in rural areas impacted by significant damage and provide certain assistance. 


After the Senate passed same-sex marriage legislation, the House will vote on the measure this week, sending it to the President for signature. 


Senate Democrats will hold leadership elections on Thursday, in a largely ceremonial fashion, as no returning members face a challenge. Nominated President Pro Tempore Sen. Patty Murray (D-WA) is expected to receive unanimous support.

Various House and Senate committees will hold hearings this week, including a Senate Agriculture, Nutrition, and Forestry Committee hearing on “Farm Bill 2023: Research Programs,” and the House Science, Space, and Technology Committee hearing on “Building Regional Innovation Economies Part II.” 



On Tuesday, the Georgia Senate Runoff will conclude in the race between incumbent Senator Raphael Warnock (D-GA) and Republican challenger Herschel Walker

Last Week

House GOP votes down earmark ban proposal READ MORE

 

NDAA coming Monday, Smith pledges it will pass READ MORE

 

House, Senate negotiators agree to add $45B to Biden’s defense budget READ MORE


House, Senate negotiators set to meet on omnibus funding READ MORE

FEDERAL LEGISLATIVE UPDATE

Week of November 21, 2022

Congressional
Outlook

Congress is on recess for the Thanksgiving holiday returning next week for a month-long sprint to address several legislative priorities and two must-pass bills. Last week, TFG published a Special Report on the lame-duck session and results from the 2022 midterm elections.


The two must-pass legislative items are the fiscal year (FY) 2023 government spending package and the National Defense Authorization Act (NDAA). The federal government is currently funded through December 16 and Congress has yet to settle on topline spending numbers. Additionally, the White House requested $37.7 billion in funding for Ukraine, $10 billion for Covid relief, and funding for hurricane and other natural disaster relief. Regarding NDAA, the House Armed Services Committee Chair and Ranking member predict a final version of the bill could be ready for a vote by the first week in December.


When lawmakers return to Washington, the Senate will vote on the Respect for Marriage Act (HR 8404) to codify the right to same-sex marriage. The bill cleared a critical procedural hurdle securing 60 votes to proceed to a vote, garnering support from 50 Democrats and 12 Republicans. This bill is among the highest priority items for Congress to address before the new members are seated in January, and it marks a significant nexus of bipartisan agreement in a sharply divided legislature.


Two priorities not receiving lame-duck consideration are permitting reform and the debt limit.


Next week, the House Republican Conference will decide rules for the 118th Congress, including a vote on the lower chamber’s stance on earmarks – known in the House as community project funding - that will be of interest to public agencies across the country. A vote to end the practice of earmarking in the House will be close as the Freedom Caucus has called for a permanent ban.


Republicans took control of the House with a slim majority and selected Minority Leader Kevin McCarthy (R-CA) to serve as Speaker of the House when the next Congress convenes on January 3. McCarthy faced a challenge from House Freedom Caucus Chairman Andy Biggs (R-AZ) and won comfortably with a vote of 188-31. On Thursday, current House Speaker Nancy Pelosi (D-CA) announced that she would not seek a leadership role for Democrats in the 118th Congress. The decision comes after she led House Democrats for nearly 20 years. House Democrats will hold caucus elections on November 30 and December 1. They will usher in new leaders in the top three positions, Representatives Hakeem Jeffries (D-NY) as Minority Leader, Katherine Clark (D-MA) as Minority Whip, and Pete Aguilar (D-CA) as Caucus Chair. 


In the Senate, Democrats retain the majority in the 118th Congress. Senate Republicans held leadership elections on Wednesday. Minority Leader Mitch McConnell (R-KY) won a secret ballot vote over challenger Rick Scott (R-FL) on a 37-10-1 vote. Senate Minority Whip John Thune (R- SD) and Senate Conference Chair John Barrasso (R-WY) won third and final terms in their current roles. Montana Republican Senator Steve Daines replaces Senator Rick Scott to oversee the party’s efforts to win control of the Senate in 2024. Senate Democrats will vote on leadership on December 8, with Senator Majority Leader Chuck Schumer (D-NY) to continue to lead the party.


Both parties and chambers will select committee leaders for the 118th Congress, as retirements will cause most of the expected changes amongst committee leadership. Seven Senate committee leaders are retiring; six are Republicans, while both lead Senate appropriators are retiring. Seven House leaders won’t return on the House side, including Oversight Chair Carolyn Maloney (D-NY) and House Administration Ranking member Rodney Davis (R-IL), who lost their primaries. Votes on Congressional committee leadership positions will formally occur at the beginning of the new Congress.

Last Week

Here’s who won open House seats in the 2022 midtermsREAD MORE

 

McCarthy backed for speaker, but has work to do before January READ MORE

 

New National Broadband Map Offers Granular Look at Service and Gaps READ MORE

 

Pelosi to step down from House leadership, stay in Congress READ MORE

 

The quacking begins: A look at the lame-duck agenda READ MORE

 

McCarthy's next step on the GOP tightrope: Navigating concessions to conservatives READ MORE

 

White House requests $37.7 billion in new Ukraine funding, $10 billion for Covid relief READ MORE

FEDERAL LEGISLATIVE UPDATE

Week of October 3, 2022

Congressional
Outlook

After passing a continuing resolution funding the federal government until Friday, December 16, the House and Senate are in recess until Monday, November 14. Members will return to their districts and states to campaign for the November 8 midterm elections. TFG’s Weekly Legislative Update will pause and return with the return of Congress on November 14.

 

Upon returning to Washington, lawmakers will face a packed agenda for the “lame-duck session.” A lame-duck session of Congress occurs after a November election and before the beginning of the new Congress on January 3. In a floor speech last week, Senate Majority Leader Chuck Schumer (D-NY) said, “Members should be prepared for an extremely, underline extremely, busy agenda in the last two months of this Congress.” The “extremely busy” comment surrounding the lame duck session comes as Congress will spend the latter half of November and all of December working on a long list of legislative items.

 

Several key items left for Congress to deal with in the lame-duck session include the FY23 omnibus spending package and the FY23 National Defense Authorization Act (NDAA). With government funding elapsing on December 16, lawmakers will work towards passing an omnibus spending package, a long-term funding bill that will keep the government open through September 30, 2023, and that will likely include disaster aid for Florida, Puerto Rico, and Alaska. Talks between negotiators have remained ongoing. The must-pass NDAA legislation will technically begin debate on the Senate floor on October 11. The deal to begin debate – even with low attendance – will allow the Senate to bring the long-time bipartisan bill for a vote in mid-November. The NDAA will then undergo a conference between both chambers to resolve bill differences. Congress will also decide on taking up legislation centering around protecting the right to same-sex marriage, election reform, which would make it harder to decertify a presidential election, Congressional stock trading, a bill to limit stock trading by members of Congress, and completion of the Water Resources Development Act (WRDA) of 2022. The Senate will likely act on President Biden’s 44 nominees for federal judgeships awaiting Senate confirmation. If the Republicans win majorities in one or both chambers, the party will likely want a clear legislative slate to work from, making the lame-duck session more critical.

Last Week

Biden signs spending bill that averts government shutdown READ MORE

 

Manchin backs off permitting reform in spending bill READ MORE

 

Senate done voting until Nov. 14, setting up ‘extremely busy’ lame duck session READ MORE

 

Senate preps piecemeal plan for NDAA READ MORE


Eight U.S. Senate races to watch in November's midterm elections READ MORE

 

Five cases to watch as a conservative Supreme Court begins its new term READ MORE


Hurricane Ian death toll climbs to 83, officials defend response READ MORE

FEDERAL LEGISLATIVE UPDATE

Week of September 19, 2022

Congressional
Outlook

The House and Senate are in session. The two chambers will continue to work on outstanding legislative items before Election Day, which is just 50 days away.


This week, the House will consider 26 bills under suspension of the rules, including the Senate-passed Bridging the Gap for New Americans Act (S 3157), which would require the Secretary of Labor to conduct a study of the factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries. The House also will vote on the Peace Corps Reauthorization Act of 2022 (HR 1456), which authorizes $861 million for the Peace Corps for fiscal 2023 and 2024 and benefits and would expand protections for volunteers. The Senate will continue voting on court nominations.

 

Congress now only has two weeks to finalize a stopgap government funding package, known as a continuing resolution (CR). Funds for the federal government expire on September 30 at midnight. Many expect an introduction of the stopgap legislation sometime this week. The main legislative items that may accompany the CR are permitting reform and various types of relief aid.

 

The first issue, permitting reform, was a critical component of the negotiations on the Inflation Reduction Act (IRA) between Senator Joe Manchin (D-WV) and Senate Majority Leader Chuck Schumer (D-NY). Sen. Manchin agreed to support the IRA, providing social and climate funding and policy changes in exchange for permitting reform in the weeks following. Following the passage of the climate and health care legislation, the issue of overhauling permitting faces significant pushback from progressives within the Democratic party in both the House and Senate. Sen. Manchin said last week on the prospects of passing the permitting reform legislation that his fellow West Virginia Senator, Shelly Moore Capito (R-WV), who is working with the Republican Conference on the issue, would need to convince 20 members to vote for his legislation. Sen. Ed Markey (D-MA) said Friday that he opposes the bill joining Sen. Bernie Sanders (I-VT), which would expand the total to 12 Republican votes needed to meet the 60-vote threshold in the Senate.

 

Relief aid is the second issue that could get added to the CR. The White House has requested $47 billion in funding for Ukraine, COVID-19, monkeypox, and disaster relief. On Sunday, President Biden said in a 60 Minutes interview that “the pandemic is over.” This comment will further complicate the funding request that the administration has shared with Congress and hopes for its funding in the CR. Before Congress returned to session, the White House requested over $22 billion for “immediate short-term domestic needs, including testing, and to support the global response to COVID-19.” Republicans have maintained opposition to increased COVID-19 funding, which some believe could get dropped from the bill.

 

The House and Senate will hold several hearings for the remainder of the week, including a Senate Environment and Public Works Committee hearing on “Putting the Bipartisan Infrastructure law to work, focusing on state and local perspectives.” The House Committee on Natural Resources Subcommittee on Energy and Mineral Resources will hold a hearing on the “Public Lands and Waters Climate Leadership Act of 2022,” an Agriculture Subcommittee on Conservation and Forestry hearing on “A 2022 Review of the Farm Bill: Stakeholder Perspectives on Title II Conservation Programs” and a Homeland Security Committee hearing on “Critical Infrastructure Preparedness and Resilience: A Focus on Water.” 

Last Week

With Shutdown Deadline Looming, Funding Bill Bogs Down READ MORE

 

Permitting overhaul in peril as funding deadline looms READMORE

 

Manchin Says He May Need 20 GOP Votes for Energy-Permitting Plan READ MORE

 

Joe Biden says the COVID-19 pandemic is over. This is what the data tells us READ MORE

FEDERAL LEGISLATIVE UPDATE

Week of September 12, 2022

Congressional
Outlook

The House and Senate are in session for three weeks before breaking for midterm elections. There are several outstanding legislative items that face significant hurdles before Election Day - 57 days away.


This week the House will consider 16 bills under suspension of the rules, including the Expediting Disaster Recovery Act (HR 5774), which after the declaration of a major disaster, authorizes the President to direct the Federal Emergency Management Agency (FEMA) to provide the federal assistance necessary to meet unmet needs as a result of such disaster. The House also will vote on the Wildfire Recovery Act (HR 1066), which authorizes FEMA to use funds appropriated for disaster relief to increase the federal cost share from the current 75 percent up to 100 percent for fire management assistance grants, at the agency’s discretion. The Senate will vote on several circuit court nominations.

 

The federal government is funded through September 30 at midnight. Over the next few weeks, Congress must finalize a stop-gap government funding package, known as a continuing resolution (CR). The latest negotiations between House and Senate leadership will extend government funding through December 16. Current discussion centers around permitting reform, an agreement originating from the Inflation Reduction Act (IRA) negotiations between Senator Joe Manchin (D-WV) and Senate Majority Leader Chuck Schumer (D-NY). This agreement was the tipping point for passage of the IRA and now takes center stage in negotiations around the CR. However, more than 70 House progressives wrote to House Speaker Nancy Pelosi (D-CA) expressing their concerns over permitting reform and urging the Speaker not to include the measure in a CR. The letter says legislation added to change permitting “attempts to short-circuit or undermine the law in the name of “reform” must be opposed.” Many believe the addition of the permitting reform, an issue crucial to Senator Manchin, would potentially threaten a shutdown of the federal government. Senator Manchin has called for a “pragmatic proposal,” while fellow Senator Bernie Sanders (D-VT) said he would vote against the funding bill. If Majority Leader Schumer chooses to forego securing all 50 Democrat votes, he would need to get help from Senate Republicans, a move that Senate Minority Leader Mitch McConnell (R-KY) says would likely only come with a “real permitting reform bill” authored by Senator Shelley Moore Capito (R-WV).

 

The White House is still hopeful that a CR will include $47 billion in funding for Ukraine, COVID-19, monkeypox, and disaster relief outlined in its request. Republicans still maintain that the White House can use funds from the American Rescue Plan Act (ARPA) to meet any needs for testing and future vaccine development. Plans to attach House-passed same-sex marriage codification to the government funding bill remain in the air as Senator Schumer considers adding the legislation to make good on his promise to force a vote on the matter. Senator Susan Collins (R-ME) serves as the lead Republican on the same-sex marriage legislation and is working alongside Senators Tammy Baldwin (D-WI) and Kyrsten Sinema (D-AZ) to craft a “religious liberty” amendment to recruit more Republican votes. The Senate will begin floor action on a CR next week. What will be included in the final CR remains uncertain, but there is little appetite to force a government shutdown, especially right before the midterm elections.

 

Congress announced Phase III of its reopening plan, including allowing tours of both floors in the House and Senate. The decision is another step toward normalcy following the pandemic, which shut down public access to the Capitol. Chief among the issues to fully reopening the Capitol were staffing concerns for Capitol Police.


For the remainder of the week, the House and Senate will hold several hearings, including a Senate Environment and Public Works Committee nomination hearing for “Shailen P. Bhatt to be Administrator of the Federal Highway Administration of the Department of Transportation.” The House Committee on Agriculture will hold a hearing on “A 2022 Review of the Farm Bill: Broadband,” and a Small Business Subcommittee hearing on “Supporting Youth Apprenticeship, Entrepreneurship, and Workforce Development.” Tomorrow, Delaware, New Hampshire, and Rhode Island will hold their primary elections.

Last Week

Senate to move on marriage equality, House reconvenes READ MORE


Senate grapples with election reform legislation as time runs short to act READ MORE


House reopens floor tours in latest step toward normalcy READ MORE


Senate leans toward Dec. 16 stopgap funding bill READ MORE


Progressive opposition grows ahead of permitting bill release READ MORE


Schumer promises Senate vote on same-sex marriage bill ‘in the coming weeks’ READ MORE

FEDERAL LEGISLATIVE UPDATE

Week of September 6, 2022

Congressional
Outlook

The Senate returns to Washington this week following a month-long recess. The House will return on September 13. There are only 24 days until government funding expires and limited legislative days before the midterm elections.

 

One of the important legislative items that Congress will address before the midterm elections—the only “must pass” bill—is a stop-gap government funding package known as a continuing resolution (CR), with funding set to expire on September 30 at midnight. There are rumors that Senate Majority Leader Chuck Schumer (D-NY) is mulling over plans to attach House-passed same-sex marriage codification to the government funding bill. Many are pointing to the five Republican members (Sens. Susan Collins (ME), Ron Johnson (WI), Lisa Murkowski (AK), Rob Portman (OH), and Thom Tillis (NC)) who have agreed to support same-sex legislation if a vote were to occur as a hopeful sign for possible passage. Even with the support mentioned above, the measure would need five more Republican votes to overcome the 60-vote filibuster threshold. It is important to note that 47 House Republicans voted in favor of the same-sex marriage legislation in the House. Another provision that could potentially be attached to the short-term CR is permitting reform, which negotiators agreed to during talks on the Inflation Reduction Act (signed into law on August 16) between Senator Joe Manchin (D-WV) and Majority Leader Schumer. Without the agreement for permitting reform, the $740 billion reconciliation package would likely be for not. Currently, there is no legislative text on permitting changes, but Senator Manchin has mentioned provisions that he would want to be included in the legislation. The continuing resolution will likely extend government funding until mid-December.

 

The White House has outlined its CR requests to Congress, centering around four main asks. Those four requests include support for Ukraine, COVID-19, Monkeypox, and natural disaster recovery. . For Ukraine, the White House has requested $11.7 billion for security and economic assistance and $2 billion to bolster the domestic energy supply and reduce energy costs. To meet what the release calls “immediate short-term domestic needs” related to COVID-19, including testing and future vaccine development, the White House requested $22.4. The administration also asked for $4.5 billion to fight Monkeypox and additional funds to help communities impacted by natural disasters nationwide. Republicans have alluded to supporting an increase in Federal Emergency Management Agency’s disaster relief fund and aid to Ukraine, but more money for COVID-19 and Monkeypox remain sticking points.

 

Senate Majority Whip Dick Durbin (D-IL) plans to prioritize consideration of many of the Biden administration’s nominees over the next few weeks, especially those slated for judicial appointments. Senator Durbin intends to raise the number of confirmed judges under the Biden administration from 76 to around 100, including Supreme Court Justice Ketanji Brown Jackson, 18 circuit judges, and 57 district court judges to . The opportunity to focus the Senate’s attention on nominations comes after the passage of several significant legislative items, clearing the Senate floor schedule to consider nominees. The Majority Leader will also consider bringing the bipartisan $857.5 Fiscal Year (FY) 2023 National Defense Authorization Act to the floor before the midterm election.

 

For the remainder of the week, the House and Senate will hold several hearings, including a Senate Committee on Environment and Public Works hearing on multiple bills regarding environmental air quality, and a Senate Judiciary Committee nomination hearing for “U.S. Circuit and District Court Judges.” The House Committee on Natural Resources will hold a field hearing on “Power in the Pacific: Unlocking Offshore Wind Energy for the American West.” Separately, Senator Richard Burr (R-NC) will miss votes as he recovers from hip replacement surgery. Today, Massachusetts will hold its primary elections, with all nine Democrat incumbents running unopposed. 

Last Week

Biden signs Inflation Reduction Act into law READ MORE

 

Democrats eye vote on marriage equality as Senate reconvenes READ MORE

 

President Biden Announces Student Loan Relief for Borrowers READ MORE

 

Senate prepares to pick up the judicial-pick pace as November looms READ MORE

 

McConnell predicts the House is more likely to flip than the Senate READ MORE

 

Biden administration unveils plan for bolstering semiconductor production READ MORE

 

Seven races that could determine control of the House READ MORE

FEDERAL LEGISLATIVE UPDATE

Week of August 15, 2022

Congressional
Outlook

While Congress is in recess for the remainder of August, the Legislative Update will pause and return on Tuesday, September 6 (following Labor Day). In the meantime, if you have a legislative inquiry, do not hesitate to contact to your client manager.

 

We hope you are having a happy and safe summer!

FEDERAL LEGISLATIVE UPDATE
Week of August 8, 2022
Congressional
Outlook
The House returns Friday to take up the reconciliation package after Senate passage, and the Senate is in recess this week. The Legislative Update will return on Tuesday, September 6 when the Senate returns to Washington following the end of its summer recess.
 
On Sunday, the Senate passed the Inflation Reduction Act of 2022 by a vote of 50-50, with Vice President Kamala Harris breaking the tie. The Senate’s passage of the $740 billion FY 2022 budget reconciliation bill, negotiated by Senate Majority Leader Chuck Schumer (D-NY) and Senator Joe Manchin (D-WV), features three main legislative items: tax reform, prescription drug changes, and energy and climate change investments. The bill underwent a “Byrd-bath” by the Senate Parliamentarian to ensure all the provisions in the package followed the Senate’s technical rules. Following a few procedural changes, consideration of 37 amendments, and more than 24 hours of debate, the Senate completed a “vote-a-rama” that lasted into Sunday afternoon. The package includes $369 billion in climate and clean energy policies, including incentives for renewable energy, hydrogen, nuclear and electric vehicles. The bill also has $60 billion for environmental justice programs. President Joe Biden said that he looks “forward to signing [the bill] into law.”
 
As the legislation heads to the House, Speaker Nancy Pelosi (D-CA) said in a press release, “the House will return and move swiftly to send this bill to the President’s desk — proudly building a healthier, cleaner, fairer future for all Americans.” With the House returning Friday, the legislation expects to sail through the lower chamber without any significant changes and head to President Biden’s desk for signature. Adding to the almost guarantee of passage is a statement of support from the Blue Dog Coalition, a group of centrist House Democrats that, during original Build Back Better Act discussions last fall, were critical to some of the finer details. Democrats can only lose four votes on the Inflation Reduction Act vote Friday. In addition to leaving isolation after a second COVID-19 test, President Biden will sign the CHIPS and PACT bills into law at events on Tuesday and Wednesday, and many expect the President to sign the Inflation Reduction Act into law shortly after its expected passage in the House on Friday.
 
For the remainder of the week, the House will hold one hearing, a Select Committee on Economic Disparity and Fairness in Growth field hearing in Seattle, Washington on “Lessons from Seattle: New Horizons for Workers’ Pay, Benefits, and Protections.” On Thursday, many House members will attendthe funeral of the late Congresswoman Jackie Walorski (R-IN) and two of her staff members who were killed in a vehicle collision in Indiana last week. Over the next four weeks, several states will hold their primary elections, including Connecticut, Minnesota, Vermont, Wisconsin, Hawaii, Alaska, Wyoming, Florida, New York (House), Massachusetts, Delaware, New Hampshire, and Rhode Island.
Last Week
Senate passes sweeping tax, climate package after marathon vote; Harris breaks tie READ MORE
 
Senate sends veterans health care bill to Biden READ MORE
 
White House Retrofits Infrastructure Bill to Better Help Poor Communities READ MORE
 
Earmarks in Senate bills favor small states, retiring senatorsREAD MORE

Biden administration declares the monkeypox outbreak a public health emergency READ MORE
 
House looks to take up climate, taxes, health care bill next Friday READ MORE

Senate backs Finland and Sweden joining NATO READ MORE
 
Indiana Rep. Jackie Walorski and two staffers killed in car crash READ MORE
 
Funeral for Rep. Jackie Walorski set for Thursday READ MORE
 
Senate parliamentarian kills key policy in Dem reconciliation bill READ MORE
 
Sinema eyes changes to tax, climate portions of reconciliation bill READ MORE

FEDERAL LEGISLATIVE UPDATE
Week of August 1, 2022
Congressional
Outlook
The Senate is in session this week, while the House is in recess through September 12. However, House Majority Leader Steny Hoyer (D-MD) noted that Members should prepare for a potential return to Washington in August if the Senate clears a reconciliation package.
 
Last week, Congress passed the $280 billion CHIPS and Science Act of 2022 (H.R. 4346), sending the legislation to the White House for President Joe Biden’s signature. Shortly after the upper chamber passed the legislation by a bipartisan vote of 64-33, Senate Majority Leader Chuck Schumer (D-NY) revealed that he and Senator Joe Manchin (D-WV) had reached an agreement on a FY2022 budget reconciliation bill. The decision to pursue a reconciliation package came after Senate Republicans only agreed to support the China competitiveness bill if Democrats ended plans to pass a reconciliation bill. The deal invests $433 billion over 10 years with climate change and healthcare provisions, fully paid for by increased taxes to the wealthiest Americans and the imposition of a 15% corporate alternative minimum tax (AMT). Specifically, the slimmed-down bill, called the Inflation Reduction Act of 2022 (H. R. 5376), would provide $369 billion for energy security and climate change-related programs and $64 billion to extend an Affordable Care Act program through 2025. The measure is currently undergoing a “Byrd-bath” by the Senate Parliamentarian to ensure that all measures abide by the Byrd rules of the chamber. Following this technical review, the bill could come to the floor for a vote by the end of this week for the lengthy voting process, commonly known as “vote-a-rama,” that could last into the weekend. In a 50-50 Senate, Democrats would need all 50 members of the Senate Democratic Caucus to vote for the bill. Sen. Kyrsten Sinema (D-AZ) has not yet revealed her position—she has stated previous opposition to specific taxation measures which are included in the updated text of the legislation. If the Senate passes the legislation, House Speaker Nancy Pelosi (D-CA) has agreed to pass the legislation in the House later this month.
 
The Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022 (S. 3373), which would help millions of veterans exposed to toxic substances during military service, failed to advance for a final vote in the Senate last week, by a vote of 55-42—60 votes were needed to avoid a filibuster. The bill was poised for passage until 25 Senate Republicans switched their vote over a discrepancy on discretionary versus mandatory spending issues in the legislation. Several Senate Republicans are requesting a vote on an amendment offered by Sen. Pat Toomey (R-PA) to make future funding discretionary instead of mandatory. Majority Leader Schumer agreed and said during a press conference on Sunday, “I will hold a new vote this week, and I am urging everyone to vote ‘yes.’ The legislation will pass and head to the White House to become law.”
 
The House passed the Wildfire Response and Drought Resiliency Act (H.R. 5118) on Friday by a vote of 218-199. The 49-bill package invests in federal wildfire response and mitigation efforts and drought relief measures. Lead sponsor Rep. Joe Neguse (D-CO) said the bill provides an opportunity “to set the marker down about what wildfire response and drought resiliency effort could look like.” Many have begun to speculate on the bill’s Senate prospects as Republicans have opposed the measure as it would create programs and authorizations without fully funding the agencies to carry them out, including a $20/hour minimum pay for federal firefighters. Chief among the challenges for passage in the Senate is a busy legislative calendar ahead of the November midterm elections.
 
For the remainder of the week, several Senate committees will hold hearings, including a Senate Commerce, Science, and Transportation subcommittee hearing on “The Future of Spectrum” and a Senate Banking, Housing, and Urban Affairs Committee hearing on “How Renters and Communities are Impacted by Today’s Housing Market.” The Senate will also vote on Elizabeth Hanes’ nomination as U.S. District Judge for the Eastern District of Virginia. Six states will hold their primary elections on Tuesday, including Arizona, Kansas, Michigan, Missouri, Ohio, and Washington.
Last Week
Chairman Leahy Releases Fiscal Year 2023 Senate Appropriations Bills READ MORE
 
House passes bill to boost U.S. chip production and China competition, sending it to Biden READ MORE
 
Schumer, Manchin announce deal on reconciliation bill with tax, climate, energy provisions READ MORE
 
Senate Passes the Water Resources Development Act of 2022 READ MORE
 
Bill aiding veterans impacted by burn pits, other toxic chemicals stopped by GOP READ MORE
 
House approves bill to help West fight wildfires, droughtREAD MORE
 
President Biden tests positive for COVID in rebound case, returns to isolation READ MORE
 
House passes assault weapons ban that’s doomed in the Senate READ MORE
 
Senate passes bills for recycling data collection, rural infrastructure grants READ MORE
 
Treasury Releases Updated ARPA Recovery Fund Guidance Providing Additional Flexibility to Use Funds for Affordable Housing READ MORE
 
DOT Announces $7.3 Billion PROTECT Formula Program for Resilient Transportation Infrastructure READ MORE

FEDERAL LEGISLATIVE UPDATE
Week of July 25, 2022
Congressional
Outlook
The House and Senate are in session this week. Both chambers will focus on the passage of the semiconductor bill to improve U.S. competitiveness with China. 
 
Last week, the Senate cleared the first procedural hurdle for the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America or the “CHIPS plus” bill, which includes over $52 billion in grants and incentives to increase domestic semiconductor manufacturing by a bipartisan vote of 64-34. After the vote, Senate Majority Leader Chuck Schumer (D-NY) added a 1,000-page amendment to the bill with funding for several agencies, including the National Science Foundation (NSF) and the Commerce Department. Sen. Schumer called for passage of the legislation early this week, which would send it over to the House for consideration prior to that chamber’s  August recess. The Senate expects to pass the legislation by Tuesday or Wednesday, with House Majority Leader Steny Hoyer (D-MD) ensuring action in the House as soon as the bill is “ready.” 
 
Once the CHIPS-plus bill passes, Senate Democratic leadership will consider taking up the Respect for Marriage Act (H.R. 8404) for the remainder of the work week. This move comes after the House passed the bill, which codifies same-sex marriage into law, by a vote of 267-157, with 47 Republicans joining with all Democrats to support the bill. One of the Senate cosponsors, Sen. Rob Portman (R-OH), believes there is a possibility for the bill to receive at least 10 Republican votes needed to break a filibuster. Regarding the budget reconciliation bill, the Senate is still awaiting guidance from the Senate’s parliamentarian on the smaller package lowering prescription drug prices and extending Affordable Care Act (ACA) subsidies. The House-passed Water Resources Development Act of 2022 (H.R. 7776) expects to clear the Senate before the August recess, setting up a conference between the two chambers to work through their differences. The Senate will also likely vote on legislation to add Finland and Sweden to the North Atlantic Treaty Organization (NATO), which passed in the House by a vote of 394-18.
 
Leader Hoyer mentioned last week the potential of the House returning early, potentially in the last two weeks of August, if the Senate passes a reconciliation bill. As stated earlier, the House will likely vote on the CHIPS-plus bill and the Assault Weapons Ban of 2021 (H.R.1808), a renewal of the assault weapons ban for the first time since 1994. In addition, House lawmakers expect to vote on several other measures, including a package addressing drought and wildfires in the West and additional FY 2023 spending bills, after passing 6 of the 12 bills last week. The Wildfire Response and Drought Resiliency Act (H.R. 5118), a package of 48 bills, would boost pay and benefits for wildland firefighters, help the Forest Service fill gaps in fire management staff, and promote more significant forest management projects to reduce hazardous fuels, in addition to several water-related provisions. Other legislation the House may consider this week includes the Invest to Protect Act of 2022 (H.R. 6448); the COPS on the Beat Grant Program Reauthorization and Parity Act of 2022 (H.R. 6375); the Break the Cycle of Violence Act (H.R. 4118); the Mental Health Justice Act of 2021 (H.R. 1368); the VICTIM Act of 2022 (H.R. 5768); the Equal Access to Justice for Victims of Gun Violence Act of 2022 (H.R. 2814); the Big Cat Public Safety Act (H.R. 263); the Advancing Telehealth Beyond COVID–19 Act of 2022 (H.R. 4040); the South Asian Heart Health Awareness and Research Act of 2022 (H.R. 3771); and the Susan Muffley Act of 2022 (H.R. 6929). The House will also potentially consider 29 bills under suspension of the rules, including the Federal PFAS Research Evaluation Act (H.R. 7289), requiring various studies and reports on the exposure, hazards, and management of PFAS. 
 
For the remainder of the week, several House and Senate committees will hold hearings, including a Senate Judiciary Committee hearing on "Law Enforcement Officer Safety: Protecting Those Who Protect and Serve”; a House Natural Resources Subcommittee hearing on “Preventing Polluters from Getting Government Contracts: Bureau of Land Management’s Corporate Exclusions Lists”; and a House Select Committee on Economic Disparity and Fairness in Growth hearing on “Building a Modern Economic Foundation: Economic Security and Income Support for 21st Century America.”
 
The Senate Appropriations Committee is also expected to release the draft text of all twelve of its FY 2023 spending bills by Friday, July 29, including lists of all accepted earmark requests submitted by senators in May.
Last Week
Senate advances more than $50 billion bill to boost U.S. semiconductor production READ MORE
 
House Passes Six-Bill Government Funding Package READ MORE
 
House passes bill protecting marriage equality, with 47 GOP members voting ‘yes’ READ MORE
 
Biden 'hoping' inflation cools as gas prices fall daily for more than a month READ MORE
 
Manchin pumps brakes: Bill ‘needs to be scrubbed much better’ READ MORE
 
President Biden Releases Safer America Plan READ MORE
 
House committee advances bill to ban assault weapons READ MORE
 
Biden tests positive for Covid-19 and is experiencing mild symptoms READ MORE
 
House approves resolution supporting Finland, Sweden joining NATO READ MORE

FEDERAL LEGISLATIVE UPDATE
Week of July 18, 2022
Congressional
Outlook
The House and Senate are in session this week.
 
Senator Joe Manchin (D-WV) put a stop to a larger pre-August recess reconciliation bill Friday, saying he would only consider a tax and climate provisions in September citing a desire to see the U.S. inflation numbers. On Thursday, Senator Manchin rejectedSenate Democrats’ proposed energy and climate investments, as well as their goals of increasing taxes on the wealthy and large corporations. Senator Manchin did, however, say he would support a smaller package lowering prescription drug prices and extending Affordable Care Act (ACA) subsidies, two critical pieces of the Biden administration’s legislative agenda. This week, Senate Majority Leader Chuck Schumer (D-NY) will move forward with the smaller reconciliation package before the August recess, potentially preventing millions of Americans from having their ACA premiums rise in January.
 
Senate Minority Leader Mitch McConnell (R-KY) was on record saying he would not support the USICA bill, a bipartisan package to fund $50 billion in semiconductor programs and advanced microelectronics research, if Democrats moved forward with a reconciliation package. The guidelines agreed to currently allow for a semiconductor bill to move ahead, according to Senator John Cornyn (R-TX). Majority Leader Schumer will now work to bring the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America bill, which includes over $52 billion in grants and incentives to increase semiconductor manufacturing and competition with China, to a vote as early as Tuesday. Senate Democratic leaders said they wouldn’t be marking up any appropriation measures before recess, making it likely that Congress will need to pass a continuing resolution to keep the government open past September 30.
 
The House will consider a six-bill appropriations minibus following a Rules Committee meeting to set floor debate terms. The package, H.R. 8294, contains the Agriculture-FDA, Energy and Water Development, Financial Services-General Government, Interior-Environment, Military Construction-Veterans Affairs, and Transportation-HUD bills. The House will likely consider the remaining six FY23 spending bills during the week of July 25. The House will also vote on the Right to Contraception Act (H.R. 8373), a bill that would codify the right to obtain and use contraceptives and the rights of healthcare providers to deliver contraceptives and relevant information to their patients. For the remainder of the week, the House will also vote on 10 bills under suspension of the rules, including the National Park Foundation Reauthorization Act of 2022 (H.R. 7693), increasing the annual authorization for the foundation to $15 million from $5 million, and the Biking on Long-Distance Trails Act (H.R.6337), which would require the Agriculture and Interior departments to identify potential long-distance bike trails on federal recreational lands.
 
For the remainder of the week, several House and Senate committees will hold hearings, including a House Transportation and Infrastructure hearing on "Implementing the Infrastructure Investment and Jobs Act” and a House Agriculture Subcommittee on Commodities and Risk Management hearingon “A 2022 Review of the Farm Bill: Stakeholder Perspectives on Title XI Crop Insurance.” The House Select Committee to Investigate the January 6th Attack on the United States Capitol will also hold a primetime hearing on Thursday. The state of Maryland will hold their primary elections on Tuesday.
Last Week
Manchin's offer to Dems: Take a health care deal or try again later READ MORE
 
Senate poised for vote on semiconductor bill after Manchin again shrinks Dems' reconciliation package READ MORE
 
Democrats push for climate deal as time runs short READ MORE
 
Schumer to move on long-awaited bill to boost semiconductor industry READ MORE
 
Manchin pumps brakes: Bill ‘needs to be scrubbed much better’ READ MORE
 
U.S. annual consumer inflation posts largest increase since 1981 READ MORE
 
Manchin rejects adding climate spending, tax hikes on wealthy, striking blow to Biden agenda READ MORE
 
Senate confirms Steve Dettelbach as Biden's pick to lead the Bureau of Alcohol, Tobacco, Firearms and ExplosivesREAD MORE
 
Barr confirmed as Fed's newest governor as inflation roarsREAD MORE

FEDERAL LEGISLATIVE UPDATE
Week of July 5, 2022
Congressional
Outlook
The House and Senate are in recess until the week of July 11.
Upon their return next week, Congress will attempt to complete several legislative items before the August recess. The House will have a shorter time in session than the Senate, which will depart for its four-week summer recess on August 5. Last week, House appropriators finished full committee markups of all twelve Fiscal Year (FY) 2023 spending bills. Senate Appropriations Committee Chair Pat Leahy (D-VT) said he expects the Senate Appropriations Committee will begin markups of their versions of the FY23 spending bills when the Senate returns to Washington on July 11. Further complicating matters is the recovery of Chair Leahy, who recently fell and broke his hip. The process, however, can continue as Chair Leahy can vote via proxy for committee votes.

The House will consider the National Defense Authorization Act (NDAA) for FY 2023 (H.R. 7900) during the week of July 11, which the House Armed Services Committee marked up and passed on June 23 by a vote of 57-1. The legislation authorizes$840 billion for national defense in the fiscal year starting October 1. House members have filed more than 1,100 amendments to the bill. The version of the FY23 NDAA passed by the House will need to be reconciled with the versionadvanced by the Senate Armed Services Committee last month, which the upper chamber will likely pass in the coming months.

When the Senate returns during the week of July 11, it will consider three nominations made by President Joe Biden: Ashish Vazirani to be Deputy Under Secretary of Defense for Personnel and Readiness; Steven Dettelbach to be Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and Michael Barr to be a Member and Vice Chairman for Supervision of the Board of Governors of the Federal Reserve System.

The conference committee of the Senate-passed United States Innovation and Competition Act (USCIA) of 2021 (S. 1260) and the House-passed America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (America COMPETES) Act of 2022 (H.R. 4521) will aim to resolve differences centering around international climate funding, labor, and trade-related issues. Many believe that if this legislation does not pass before the summer recess, it will fall by the wayside as Congress will have other matters on its plate right before the midterm elections. New to this bipartisan legislative item’s pathway to passage is Senate Minority Leader Mitch McConnell’s (R-KY) threat to block the bill, which would boost the semiconductor industry, if Democrats try to lower prescription drug prices and add taxes to America’s wealthiest individuals. The bill, commonly referred to as USICA, was the subject of a tweet by the Minority Leader stating, “there will be no bipartisan USICA as long as Democrats are pursuing a partisan reconciliation bill.” The USICA would invest $50 billion in semiconductor programs and advanced microelectronics research. Continued negotiations are sure to play out over the next few weeks.

The attempt, as mentioned above, to pass a budget reconciliation bill is a final attempt by Senate Majority Leader Chuck Schumer (D-NY) and Sen. Joe Manchin (D-WV) to revive segments of the Build Back Better (BBB) Act. Core to the reconciliation bill is the lowering of prescription drug prices, specifically allowing Medicare to negotiate prices with pharmaceutical companies. The reconciliation bill would also include climate and other social elements similar to what existed in the House-passed version of the BBB Act. Sens. Machin and Schumer have negotiated this smaller package over the past several weeks, and some believe considerable momentum exists. The package details have remained under wraps, but reports last week indicate that Senate Democrats may submit a “finalized agreement” in the coming days to ensure the package complies with the Senate’s budget rules. Crucial to an agreement on any tax provisions in the agreement will be Sen. Kyrsten Sinema (D-AZ), who has remained firm on her stance that she will not support higher tax rates. In order to advance any legislation, all 50 Democrats must vote for the bill.
Last Week
Senate Democrats see 'major progress' on Biden agenda bill, hope for July vote READ MORE
 
Mitch McConnell Takes Bipartisan Bill Hostage To Block Democrats' Prescription Drug Bill READ MORE
 
House spending bills spread around $8 billion worth of earmarks READ MORE
 
Biden Administration Announces First-Ever Funding Program Dedicated to Reconnecting American CommunitiesREAD MORE
 
Ketanji Brown Jackson sworn in as Supreme Court justiceREAD MORE
 
With time ticking for climate action, Supreme Court limits ways to curb emissions READ MORE
 
Supreme Court says Biden can end Trump-era ‘Remain in Mexico’ immigration policy READ MORE
 
Leahy’s surgery could complicate Democratic agenda READ MORE
 

FEDERAL LEGISLATIVE UPDATE
Week of June 27, 2022
Congressional
Outlook
The House is holding virtual Committee Work Days this week, while the Senate is in recess until July 11. 
 
On Saturday, President Joe Biden signed into law the most significant gun legislation to pass in Congress in nearly 30 years, the Bipartisan Safer Communities Act (S. 2938). On Friday, the House passed S. 2938 by a vote of 234-193, following passage in the Senate. Following weeks of negotiations led by Sens. Chris Murphy (D-CT) and John Cornyn (R-TX), the Senate passed the bill on Thursday night with a bipartisan vote of 65-33. The $13 billion bill provides significant provisions for state and local communities. The legislation aids states in setting up “red flag” laws, provides billions in funding for mental health and school safety resources, works to close the “boyfriend loophole,” adds limits to illegal weapons trafficking, enhances background checks for buyers under 21, increases scrutiny on gun sellers evading licensing requirements, and includes other measures. “Congress came together to heed the call of families across the country and passed legislation to address the scourge of gun violence in our communities,” President Biden said in a press release.
 
When Congress returns from its July 4 recess, there are several significant issues to address before the August recess and midterm elections. The conference committee of the Senate-passed United States Innovation and Competition Act (USCIA) of 2021 (S. 1260) and the House-passed America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (America COMPETES) Act of 2022 (H.R. 4521) will aim to resolve differences centering around climate, labor, and trade-related issues. Following the Supreme Court’s decision to overturn Roe v. Wade, President Biden called on Congress to pass a law to codify Roe v. Wade. Congress will also consider whether to pass legislation suspending the federal gas tax and the House Select Committee to Investigate the January 6th Attack on the United States Capitol will continue holding hearings. 
 
House appropriators will finish their full committee markups this week of Fiscal Year (FY) 2023 spending bills, including Commerce-Justice-Science, Energy and Water, Interior-Environment, Labor-HHS-Education, State and Foreign Operations, and Transportation-HUD. Senate Appropriations Committee Chair Pat Leahy (D-VT) mentioned last week that he expects the Senate Appropriations Committee will begin markups of the FY23 spending bills following the July 4th recess. For the remainder of the week, the House will hold several hybrid committee hearings, including an Energy and Commerce subcommittee hearing on “Investing in Public Health: Legislation to Support Patients, Workers, and Research;” and an Oversight and Reform Committee hearing to examine “The 2022 National Drug Control Strategy and the Federal Response to the Overdose Crisis.”
Last Week
Biden signs gun safety bill into law READ MORE
 
Congress passes most significant gun reform bill in decades, sends it to Biden READ MORE
 
House passes package addressing mental health READ MORE
 
House passes LGBTQI+ Data Inclusion Act READ MORE
 
House fails to pass bill creating active shooter alert systemREAD MORE
 
Biden Signs Two Bills to Enhance Government Cybersecurity READ MORE
 
Biden signs the school meal waivers bill into law, but free meals are over for many READ MORE
 
Biden Administration Tosses Trump Definition of ‘Habitat’ for Endangered Species READ MORE
 
Chip makers warn Congress’ delay could threaten U.S. expansion READ MORE
 
Supreme Court overturns Roe v. Wade READ MORE

FEDERAL LEGISLATIVE UPDATE
Week of June 21, 2022
Congressional
Outlook
Congress is in session this week. As the August recess looms, many legislative items are left to address.
 
After last week’s bipartisan agreement on a “framework” for a gun-control package, many expect legislative language to be released later today. The legislation will feature the most significant changes to federal gun laws since the assault weapons ban enacted in 1994. The package would aid states in setting up their own “red flag” laws, provide billions in funding for mental health and school safety resources, close the “boyfriend loophole,” add limits to illegal weapons trafficking, enhance background checks for buyers under 21, increase scrutiny on gun sellers evading licensing requirements, and other measures. Sen. Chris Murphy (D-CT), one of the lead negotiators of the package, told Politico this afternoon of a deal on new gun-safety legislation, with text coming very shortly. If the Senate passes the legislation this week, the House could stay in session into the weekend or return next week to pass the bill and send it to the President for his signature.
 
The top leaders from the House and Senate (Speaker Nancy Pelosi (D-CA), Senate Majority Leader Chuck Schumer (D-NY), Senate Minority Leader Mitch McConnell (R-KY), and House Minority Leader Kevin McCarthy (R-CA)) are meeting today regarding the conference status of the Senate-passed United States Innovation and Competition Act (USCIA) of 2021 (S. 1260) and the House-passed America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (America COMPETES) Act of 2022 (H.R. 4521). Both chambers hope to scale down the overall package and strike a deal by the Fourth of July recess. Significant portions of the bill center around climate, labor, and trade need compromise.
 
President Biden is considering both a federal gas tax holiday and gas rebate cards as a solution to high gas prices for Americans. “I hope I have a decision, based on data I’m looking for, by the end of the week,” said President Biden in Delaware on Monday. The White House would not take any executive action, and Congressional action would be required. Many within the Democratic Party are against a federal gas tax holiday, and Speaker Pelosi is on record stating she does not believe the intended benefits will reach consumers. Other skeptics are uncomfortable taking funds away from infrastructure projects if a pause of federal gas taxes were to take place. Currently, the nationwide average for gas is just over $5 per gallon.
 
The House will vote on 14 bills under suspension of the rules, including the Active Shooter Alert Act of 2022 (H.R. 6538), which grants the Justice Department the ability to create an alert system to notify communities during an active shooter event. The House will also consider the Promoting United States International Leadership in 5G Act (H.R. 1934), which would establish an interagency working group to enhance U.S. leadership at international standards bodies for 5G and future generations of wireless telecommunications and infrastructure. For the remainder of the week, the House will vote on the Restoring Hope for Mental Health and Well-Being Act of 2022 (H.R. 7666), which reauthorizes, through FY2027, expands, and otherwise modifies various programs, grants, and related activities that focus on mental and behavioral health; the Advanced Research Projects Agency—Health Act (H.R. 5585), which establishes, within the Department of Health and Human Services, the Advanced Research Projects Agency-Health to accelerate innovation in health and medicine by investing in high-risk, high-reward research projects; the LGBTQI+ Data Inclusion Act (H.R. 4176), requiring federal agencies that collect information through surveys to assess needed changes in survey methods related to asking questions on sexual orientation and gender identity; and the Senate-passed Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2021 (HR 3967), which addresses health care matters for veterans exposed to toxic substances during their military service.
 
House appropriators will begin their first full committee markupsthis week of Fiscal Year (FY) 2023 spending bills, covering the Agriculture-FDA, Financial Services—General Government, Defense, Homeland Security, Legislative Branch, and Military Construction-Veterans Affairs measures. The Committee will also hold subcommittee markups for the Commerce-Justice-Science, Energy and Water, Interior-Environment, Labor-HHS-Education, State and Foreign Operations, and Transportation-HUD bills throughout the week. For the remainder of the week, the House and Senate will hold several committee hearings, including a Senate Environment and Public Works Committee hearing to “Examine the Toxic Substances Control Act Amendment Implementation;” a House Energy and Commerce Committee hearing on “Strengthening Energy Infrastructure, Efficiency and Financing;” and a Senate Banking, Housing, and Urban Affairs Committee hearing to examine “The Reauthorization of the National Flood Insurance Program, Focusing on Administration perspectives.” Today, the states of Alabama and Georgia will hold primary runoff elections, while Virginia and the District of Columbia will hold their primary elections. 
Last Week
Biden says he’s considering gas tax holiday as admin targets July 4 announcement READ MORE
 
Clock is ticking on the Senate's gun deal: Negotiators stuck on two issues as recess looms READ MORE
 
U.S. House passes a major wildlife conservation spending bill READ MORE
 
House passes special meat investigator bill as Senate action awaits READ MORE
 
Senate passes historic bill to help veterans exposed to burn pits during military service READ MORE
 
Fed announces supersized interest rate hike READ MORE
 
Senate negotiations on gun reforms stall over 'boyfriend' loophole, red flag laws READ MORE
 
White House unveils global steps to speed climate transitionREAD MORE
 
Biden Administration to Start Spending on Cleanup of ‘Forever Chemicals’ in Drinking Water READ MORE
 
Senate confirms 2 SEC commissioners READ MORE
 
Delivering Progress on the Biden-Harris Lead Pipe and Paint Action Plan READ MORE
 
Rep. Schrier Introduces Bipartisan Bill to Fund Critical Water Infrastructure, Keep Customer Rates Affordable
 
GOP Senate retirements could spell trouble for earmarks’ future READ MORE

NSDC Federal Legislative Update

FEDERAL LEGISLATIVE UPDATE
Week of June 13, 2022
Congressional
Outlook
 Congress is in session this week.
 
The action driving the week is a bipartisan agreement on a “framework” for a gun-control package. The deal agreed to by a group of 20 senators (10 Democrats and 10 Republicans), led by Sens. Chris Murphy (D-CT), John Cornyn (R-TX), Kyrsten Sinema (D-AZ), and Thom Tillis (R-NC), would feature the most significant changes to federal gun laws since the assault weapons ban of 1994. Specifically, the package would aid states in setting up their own “red flag” laws, provide billions in funding for mental health and school safety resources, close the “boyfriend loophole,” add limits to illegal weapons trafficking, enhance background checks for buyers under 21, increase scrutiny on gun sellers evading licensing requirements, and other measures. The joint statement from the working group of 20 senators said of the deal, “our plan saves lives while also protecting the constitutional rights of law-abiding Americans.” The framework is said to have the 10 Senate Republican votes needed to reach the 60-vote threshold to overcome a filibuster in the Senate, and some speculate the number could grow to as high as 20. The announcement on Sunday marks a critical first step, and now lawmakers must write and unveil the text of the legislation, expected in the next few days. To pass this legislation before the July 4th recess, Senate Majority Leader Chuck Schumer (D-NY) will need to bring the bill to the floor by the end of this week to clear all procedural hurdles.
 
The House will vote on five bills under suspension of the rules, including the Small State and Rural Rescue Act (H.R. 7211), which expands and codifies the responsibilities of FEMA’s Small State and Rural Advocate when helping state and local officials access federal disaster aid. For the remainder of the week, the House will vote on the Recovering America’s Wildlife Act of 2022 (H.R. 2773), which makes state, local, and tribal governments eligible for funding to support wildlife recovery and conservation efforts; the Financial Services Racial Equity, Inclusion, and Economic Justice Act (H.R. 2543), which requires financial institutions and federal banking regulators to disclose their diversity practices and take additional steps to foster equity and inclusion; and the Lower Food and Fuel Costs Act (HR 7606), which addresses food and fuel inflation and meat industry consolidation; the Recovering America’s Wildlife Act of 2022 (H.R. 2773), which makes state, local, and tribal governments eligible for funding to support wildlife recovery and conservation efforts.   The Senate will continue consideration of the House-passed Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2021 (HR 3967), which addresses health care matters for veterans exposed to toxic substances during their military service.
  
The House Appropriations Committees will begin marking up the 12 annual government funding bills this week. Starting Wednesday, six of the 12 bills will receive a markup, including the Defense, Legislative Branch, Military Construction-VA, Agriculture-FDA, Homeland Security, and Financial Services spending bills. The bill text should be released 24 hours before the Subcommittee markup. For the remainder of the week, the House and Senate will hold several committee hearings, including a Senate Energy and Natural Resources Committee hearing on “Short And Long Term Solutions To Extreme Drought In The Western U.S.;” and a House Agriculture Committee hearing on “A 2022 Review of the Farm Bill: Stakeholder Perspectives on Non-SNAP USDA Nutrition Programs.” Tomorrow, the states of Maine, Nevada, North Dakota, and South Carolina will hold primary elections.