For the week of
March 18, 2024
House and Senate Action
The House and Senate are in session, but both chambers will take a two-week break at the conclusion of this week's legislative action.
FY 2024 Spending Talks
The main priority for congressional leaders is to avoid a partial government shutdown at week's end. While Congress recently approved and President Biden signed into law a six-bill, $460 billion spending package that includes funding for six (of 12) spending bills, funding for the remaining six bills (State-Foreign Operations, Defense, Homeland Security, Labor-HHS, Legislative Branch and Financial Services-General Government) is set to expire Friday at midnight. It should be noted that these bills cover roughly 70 percent of all federal discretionary spending. As of this writing, negotiators are reportedly close to finalizing five of the measures, but they have yet to reach agreement on the Homeland Security funding bill. Saying that, congressional leaders are optimistic they will can reach a deal within the next day.
House GOP Energy Week
Aside from fiscal year 2024 budget talks, the House is set to consider a series of Republican-led energy proposals. This includes legislation (H.R. 7023) aimed at streamlining reviews and providing greater regulatory certainty under the Clean Water Act (CWA) permitting process. H.R. 7023 would also shore up the use of the Nationwide Permit program for oil and gas pipeline projects and block the Environmental Protection Agency from issuing Clean Water Act vetoes in certain circumstances. A separate measure (H.R. 6009) would block a proposal by the Biden administration to raise the royalty rates that fossil fuel companies pay for drilling on public lands. A third bill (H.R. 1121) on the docket would prohibit the President from issuing a moratorium on the use of hydraulic fracturing. For its part, the Biden administration has expressed its opposition to all three measures.
Foreign Assistance Funding Package
The aforementioned minibus spending measure will not include the long-stalled supplemental security package, which totals $95 billion to assist Ukraine, Israel and Taiwan, and others. However, House Speaker Mike Johnson (R-LA) has indicated that he intends to put a military spending bill on the floor after the House completes action on the fiscal year 2024 appropriations process. The strategy and timeline for advancing the measure remains uncertain.
Relevant Hearings and Markups
House Appropriations – This week, the panel will hear from a number of administration officials – including Health and Human Services Secretary (HHS) Xavier Becerra, Energy Secretary Jennifer Granholm, and USDA Secretary Tom Vilsack – on the President's fiscal year 2025 budget proposal. A full list of hearings can be found here.https://appropriations.house.gov/events/hearings
House Budget – On Thursday morning, the committee will meet to discuss the administration's fiscal year 2025 budget plan. More information on the hearing can be accessed here.
House Ways and Means – On Wednesday afternoon, HHS Secretary Becerra will testify on the president's fiscal year 2025 budget. Additional information on the hearing is available here.
Senate Budget – On Wednesday morning, the committee will hold a hearing entitled, "Recreation at Risk: The Nature of Climate Costs." Additional details on the hearing, including a full witness list, is available here.
Senate Environment and Public Works – On Wednesday morning, the panel will meet for a hearing on "Examining PFAS as Hazardous Substances." More info on the hearing can be found here.
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House and Senate Action
The House and Senate are in session, but both chambers will take a two-week break at the conclusion of this week's legislative action.
FY 2024 Spending Talks
The main priority for congressional leaders is to avoid a partial government shutdown at week's end. While Congress recently approved and President Biden signed into law a six-bill, $460 billion spending package that includes funding for six (of 12) spending bills, funding for the remaining six bills (State-Foreign Operations, Defense, Homeland Security, Labor-HHS, Legislative Branch and Financial Services-General Government) is set to expire Friday at midnight. It should be noted that these bills cover roughly 70 percent of all federal discretionary spending. As of this writing, negotiators are reportedly close to finalizing five of the measures, but they have yet to reach agreement on the Homeland Security funding bill. Saying that, congressional leaders are optimistic they will can reach a deal within the next day.
House GOP Energy Week
Aside from fiscal year 2024 budget talks, the House is set to consider a series of Republican-led energy proposals. This includes legislation (H.R. 7023) aimed at streamlining reviews and providing greater regulatory certainty under the Clean Water Act (CWA) permitting process. H.R. 7023 would also shore up the use of the Nationwide Permit program for oil and gas pipeline projects and block the Environmental Protection Agency from issuing Clean Water Act vetoes in certain circumstances. A separate measure (H.R. 6009) would block a proposal by the Biden administration to raise the royalty rates that fossil fuel companies pay for drilling on public lands. A third bill (H.R. 1121) on the docket would prohibit the President from issuing a moratorium on the use of hydraulic fracturing. For its part, the Biden administration has expressed its opposition to all three measures.
Foreign Assistance Funding Package
The aforementioned minibus spending measure will not include the long-stalled supplemental security package, which totals $95 billion to assist Ukraine, Israel and Taiwan, and others. However, House Speaker Mike Johnson (R-LA) has indicated that he intends to put a military spending bill on the floor after the House completes action on the fiscal year 2024 appropriations process. The strategy and timeline for advancing the measure remains uncertain.
Relevant Hearings and Markups
House Appropriations – This week, the panel will hear from a number of administration officials – including Health and Human Services Secretary (HHS) Xavier Becerra, Energy Secretary Jennifer Granholm, and USDA Secretary Tom Vilsack – on the President's fiscal year 2025 budget proposal. A full list of hearings can be found here.https://appropriations.house.gov/events/hearings
House Budget – On Thursday morning, the committee will meet to discuss the administration's fiscal year 2025 budget plan. More information on the hearing can be accessed here.
House Ways and Means – On Wednesday afternoon, HHS Secretary Becerra will testify on the president's fiscal year 2025 budget. Additional information on the hearing is available here.
Senate Budget – On Wednesday morning, the committee will hold a hearing entitled, "Recreation at Risk: The Nature of Climate Costs." Additional details on the hearing, including a full witness list, is available here.
Senate Environment and Public Works – On Wednesday morning, the panel will meet for a hearing on "Examining PFAS as Hazardous Substances." More info on the hearing can be found here.
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For the week of
February 27th, 2024
House and Senate Action
Following the Presidents Day recess, both chambers return to action this week. The Senate gaveled in earlier today, and the House will begin its work on Wednesday. The most pressing issue facing Congress is the potential for a partial government shutdown, which could begin this weekend. Despite being nearly five months into the current fiscal year, Congress has yet to approve any of the 12 annual spending bills that make up the federal budget. Since the October 1, 2023, start of the fiscal year, agencies have been operating under a series of short-term Continuing Resolutions (CR). Pursuant to the latest CR, four spending bills – those covering Agriculture, Energy and Water, Military Construction-Veterans Affairs, and Transportation-Housing and Urban Development – will expire on March 1st, while funding for the remaining federal agencies runs through March 8th. It should be noted that President Biden is scheduled to make his State of the Union address on March 7th.
There was some hope that House and Senate negotiators would release text of the first four spending bills this past weekend, but that did not ultimately come to fruition. Aside from some of the familiar funding disputes, there are a number of policy disagreements holding up a potential deal. At this point, there is enough uncertainty that a partial shutdown is possible. For his part, President Biden will meet with House and Senate leaders on Tuesday morning, but it's unclear if this discussion will be enough to break the impasse.
In addition to the budget, the House will consider a short-term extension of the Federal Aviation Administration (FAA). The extension would keep the FAA authorized until May 10.
Legislation Introduced to Protect Water Resources After Wildfires
Congressman Joe Neguse (D-CO) recently introduced legislation – the Watershed Protection and Forest Recovery Act (H.R. 7294) – that would help communities and water users protect their water supply after natural disasters on U.S. Forest Service (USFS) lands. Among other things, the legislation would create a new Emergency Forest Watershed Program (EFWP) within the Department of Agriculture (USDA) that would help streamline recovery efforts and protect water resources downstream of national forests. It also would allow local governments and water providers to enter into agreements with the Forest Service to implement watershed recovery protection measures.
Western Lawmakers Push for Improvements to Housing Conditions for Federal Wildland Firefighters
A bipartisan group of Western lawmakers recently sent a letter to the U.S. Forest Service (USFS) and the National Park Service (NPS) requesting immediate action to address reports of substandard housing conditions and exorbitant rent increases plaguing federal wildland firefighters. The lawmakers called for insight on the current quality of federal housing and the scope of the reported rent increases. A copy of the letter can be accessed here.
Bipartisan Legislation Proposes to Create Flexible Grant Program for Rural Communities
On February 23, Representatives David Valadao (R-CA) and Andrea Salinas (D-OR) introduced bipartisan legislation – the Rural Partnership and Prosperity Act (H.R. 7444) – that would create a flexible grant program to help rural communities. Specifically, it would help rural areas address urgent needs, including but not limited to, affordable child care, housing, and job training. It also would provide technical assistance grants to help rural communities navigate existing federal funding opportunities and ensure they get their fair share of private and federal investments.
Relevant Hearings and Markups
Senate Agriculture – On Wednesday, the panel will conduct an oversight hearing on the U.S. Department of Agriculture (USDA) with USDA Secretary Tom Vilsack. Additional information on the hearing can be found here.
Senate Environment and Public Works – On Wednesday morning, the committee will hold an oversight hearing on water infrastructure projects, programs, and priorities within the jurisdiction of the U.S. Army Corps of Engineers (USACE). More details on the hearing are available here.
Upcoming Events
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House and Senate Action
Following the Presidents Day recess, both chambers return to action this week. The Senate gaveled in earlier today, and the House will begin its work on Wednesday. The most pressing issue facing Congress is the potential for a partial government shutdown, which could begin this weekend. Despite being nearly five months into the current fiscal year, Congress has yet to approve any of the 12 annual spending bills that make up the federal budget. Since the October 1, 2023, start of the fiscal year, agencies have been operating under a series of short-term Continuing Resolutions (CR). Pursuant to the latest CR, four spending bills – those covering Agriculture, Energy and Water, Military Construction-Veterans Affairs, and Transportation-Housing and Urban Development – will expire on March 1st, while funding for the remaining federal agencies runs through March 8th. It should be noted that President Biden is scheduled to make his State of the Union address on March 7th.
There was some hope that House and Senate negotiators would release text of the first four spending bills this past weekend, but that did not ultimately come to fruition. Aside from some of the familiar funding disputes, there are a number of policy disagreements holding up a potential deal. At this point, there is enough uncertainty that a partial shutdown is possible. For his part, President Biden will meet with House and Senate leaders on Tuesday morning, but it's unclear if this discussion will be enough to break the impasse.
In addition to the budget, the House will consider a short-term extension of the Federal Aviation Administration (FAA). The extension would keep the FAA authorized until May 10.
Legislation Introduced to Protect Water Resources After Wildfires
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Congressman Joe Neguse (D-CO) recently introduced legislation – the Watershed Protection and Forest Recovery Act (H.R. 7294) – that would help communities and water users protect their water supply after natural disasters on U.S. Forest Service (USFS) lands. Among other things, the legislation would create a new Emergency Forest Watershed Program (EFWP) within the Department of Agriculture (USDA) that would help streamline recovery efforts and protect water resources downstream of national forests. It also would allow local governments and water providers to enter into agreements with the Forest Service to implement watershed recovery protection measures.
Western Lawmakers Push for Improvements to Housing Conditions for Federal Wildland Firefighters
A bipartisan group of Western lawmakers recently sent a letter to the U.S. Forest Service (USFS) and the National Park Service (NPS) requesting immediate action to address reports of substandard housing conditions and exorbitant rent increases plaguing federal wildland firefighters. The lawmakers called for insight on the current quality of federal housing and the scope of the reported rent increases. A copy of the letter can be accessed here.
Bipartisan Legislation Proposes to Create Flexible Grant Program for Rural Communities
On February 23, Representatives David Valadao (R-CA) and Andrea Salinas (D-OR) introduced bipartisan legislation – the Rural Partnership and Prosperity Act (H.R. 7444) – that would create a flexible grant program to help rural communities. Specifically, it would help rural areas address urgent needs, including but not limited to, affordable child care, housing, and job training. It also would provide technical assistance grants to help rural communities navigate existing federal funding opportunities and ensure they get their fair share of private and federal investments.
Relevant Hearings and Markups
Senate Agriculture – On Wednesday, the panel will conduct an oversight hearing on the U.S. Department of Agriculture (USDA) with USDA Secretary Tom Vilsack. Additional information on the hearing can be found here.
Senate Environment and Public Works – On Wednesday morning, the committee will hold an oversight hearing on water infrastructure projects, programs, and priorities within the jurisdiction of the U.S. Army Corps of Engineers (USACE). More details on the hearing are available here.
Upcoming Events
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Federal Legislative Update
Week of December 4, 2023
Congressional
Outlook
Congress is in session this week, with the Senate and the House returning today. While Congress passed a continuing resolution (CR) earlier this month to keep the federal government open through January 19 and February 2, 2024, lawmakers still have considerable work to do to close out the year.
The House will consider ten bills and one resolution under suspension of the rules, including the DOE and USDA Interagency Research Act (H.R. 1713), which directs the Energy and Agriculture departments to collaborate on research and development in a wide range of areas, including artificial intelligence, advanced crop science, grid modernization, and wildfire prevention. For the remainder of the week, the House will vote on the One Seat Ride Act (H.R. 1547), which requires the Department of Transportation to submit a study to Congress on the costs and benefits of commuter rail passenger transportation that doesn’t involve transfers; the Housing our Military Veterans Effectively (HOME) Act of 2023 (H.R. 3848), which increases maximum rates the Veterans Affairs Department pays entities that provide housing and services to veterans experiencing homelessness; and the Elizabeth Dole Home Care Act (H.R. 3848), which directs the Veterans Affairs Department to expand options for long-term home and community services for eligible veterans. The House may also consider the Choice in Automobile Retail Sales Act of 2023 (H.R. 4468), which prohibits the Administrator of the Environmental Protection Agency from finalizing, implementing, or enforcing a proposed rule with respect to emissions from vehicles.
Congress is currently negotiating the longstanding bipartisan National Defense Authorization Act (NDAA). Still a vote for potential passage will need to take a back seat to lawmakers focus on a supplemental aid package to Ukraine, Israel, the Indo-Pacific region, and southern border policy. The Federal Aviation Authorization will most likely result in another stopgap extension. The current bill is extended through March 8, allowing for conference negotiations between the House and Senate. Some lawmakers argue that even if the Senate passes its version of the FAA Reauthorization Act of 2023 (S.1939) before the year's end, there will still not be enough time for Congress to conference the bill before the deadline. The Senate this week will vote on several judicial and executive nominations, including: Irma Ramirez to be U.S. Circuit Judge for the Fifth Circuit; Loren AliKhan to be U.S. District Judge for the District of Columbia; and Elizabeth Richard to be Coordinator for Counterterrorism, with the rank and status of Ambassador at Large.
For the remainder of the week, the House and Senate will hold several hearings, including a Senate Environment and Public Works Committee hearing on “IIJA Investments in Habitat and Ecosystem Restoration, Pollinators, and Wildlife Crossings”; a House Oversight and Accountability Cybersecurity Information Technology and Government Innovation Subcommittee hearing on “White House Policy on AI”; and a House Energy and Commerce Communications and Technology Subcommittee hearing on“Oversight of the National Telecommunications and Information Administration.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Reforming Energy-Efficient Buildings and Appliances Tax Exemptions (REBATE) Act
Rep. Darren Soto (D-FL-9)
Amends the Inflation Reduction Act and allow local governments to receive federal grants to carry out high-efficiency electric home rebate programs.
Kid PROOF Act
Sen. Ben Ray Lujan (D-NM)
Amends the SUPPORT for Patients and Communities Act to authorize the use of certain grants to prevent suicide or overdose by children, adolescents, and young adults
Workforce DATA Act
Rep. Donald Davis (D-NC-1)
Requires the Secretary of Labor to take initiatives to measure the impact of automation on the workforce in order to inform workforce development strategies.
A bill to provide more flexibility for workforce training programs
Rep. John Duarte (R-CA-13)
Amends the Workforce Innovation and Opportunity Act to provide local areas more flexibility in the use of funds for incumbent workforce training programs.
Fairness in Airspace Includes Residents (F-AIR) Act
Rep. Anna Eshoo (D-CA-16)
Amends title 49, United States Code, to direct the Administrator of the Federal Aviation Administration to adjust certain requirements with respect to sovereignty and use of airspace.
Bill regarding fish held in captivity or a controlled environment
Rep. Cliff Bentz (R-OR-2)
Amends the Endangered Species Act of 1973 to allow certain activities to be carried out with regard to certain fish held in captivity or a controlled environment.
Kid PROOF Act
Sen. Ben Ray Lujan (D-NM)
Amends the SUPPORT for Patients and Communities Act to authorize the use of certain grants to prevent suicide or overdose by children, adolescents, and young adults
The Farmers Freedom Act of 2023
Sen. Mike Rounds (R-SD)
Requires the Environmental Protection Agency and the Corps of Engineers to use a certain definition for the term "prior converted cropland."
The Disadvantaged Business Enterprise Supportive Services Expansion Act and the Accelerating Small Business Growth Act
Sen. Alex Padilla (D-CA)
Raises the annual funding cap of the Federal Highway Administration’s (FHWA) Disadvantaged Business Enterprise Supportive Services Program, replicate the program at the Federal Transit Agency (FTA) and the Federal Aviation Administration (FAA), and create a grant program to help transportation agencies work with underserved businesses looking to improve growth and competitiveness for contracts.
Rural Energy Equity Act
Sen. Peter Welch (D-VT)
To improve and authorize strong funding levels for the Rural Energy for America Program (REAP). The bill would make REAP more accessible for smaller rural businesses and farms and make the program more climate-friendly..
Agency
Title
Proposed Regulation
Comment Deadline
OMB
OMB is proposing to revise sections of its Guidance for Grants and Agreements, including both policy changes and clarifications to existing guidance.
December 4, 2023
OSTP
Development of a Federal Environmental Justice Science, Data, and Research Plan
OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.
December 12, 2023
HUD
Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program
HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.
December 18, 2023
DOI
The Orphaned Wells Program Office (OWPO) invites public comment to help inform its efforts in determining how to best structure the Regulatory Improvement Grant (RIG) program, pursuant to section 40601 of the Infrastructure Investment and Jobs Act
December 19, 2023
Treasury
The Department of Treasury is issuing an interim final rule to amend the definition of “obligation” set forth in the Department's regulations with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act of 2021.
December 20, 2023
EPA
The EPA is issuing for public comment a draft guidance on applying the recent decision of the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund, in the Clean Water Act Section 402 NPDES permit program for point source discharges that travel through groundwater before reaching a water of the United States.
December 27, 2023
FTA
The FTA is considering proposing minimum safety standards to provide protections for transit workers to obtain adequate rest thereby reducing the risk of fatigue-related safety incidents.
December 29, 2023
DOT
DOT is considering whether to amend the accessibility requirements for transportation facilities under the Americans with Disabilities Act of 1990 (ADA) currently contained in Appendix A to DOT's regulations governing transportation services for individuals with disabilities.
January 5, 2024
HHS
The Administration for Children and Families invites public comments on the possibilities for design and implementation of the new pilot program and work outcomes measures of the FRA, in the TANF program.
January 11, 2024
DOC
Comment Assessing Information Collection and Reporting Burdens
The Department of Commerce is seeking comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden, in accordance with the Paperwork Reduction Act of 1995.
January 22, 2024
NSF
National Science and Technology Council Subcommittee on Ocean Science and Technology (SOST), requests input from all interested parties to inform the development of a National Ocean Biodiversity Strategy (Strategy), covering the genetic lineages, species, habitats, and ecosystems of United States (U.S.) ocean, coastal, and Great Lakes waters.
February 28, 2024
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Federal Legislative Update
Week of November 27, 2023
Congressional
Outlook
Congress is in session this week, with the Senate and the House returning Monday and Tuesday, respectively. While Congress passed a continuing resolution (CR) earlier this month to keep the federal government open through January 19 and February 2, 2024, lawmakers still have considerable work to do to close out the year over the next three legislative weeks before adjourning on December 15.
The House will consider six bills and three resolutions under suspension of the rules, including the Returning Erroneous COVID Loans Addressing Illegal and Misappropriated (RECLAIM) Taxpayer Funds Act (H.R. 4667), which requires the Small Business Administration to issue guidance to return and track unused and fraudulent Paycheck Protection Program loans. For the remainder of the week, the House will vote on the Protecting our Communities from Failure to Secure the Border Act of 2023 (H.R. 5283), which prohibits federal land from being used to house migrants and also revokes a New York City lease for migrant shelters on federal parkland in Brooklyn; the No Funds for Iranian Terrorism Act (H.R. 5961), which directs the president to impose sanctions against financial institutions that facilitate transactions involving the $6 billion in oil revenue that Iran was previously allowed to access through a September prisoner exchange deal; and a Senate-passed Congressional Review Act disapproval resolution (S.J. Res. 32) nullifying the Consumer Financial Protection Bureau’s final rule requiring lenders to collect and report demographic data on small business loan applicants. The House may also vote on a resolution (H. Res. 878) expelling Representative George Santos(R-N.Y.) from the House.
Senate Majority Leader Chuck Schumer (D-N.Y.) sent a “Dear Colleague” letter on Sunday evening outlining items the Senate will likely consider before adjourning for the year on December 15. These include: continued work on FY 2024 spending bill negotiations with House leadership; a national security supplemental funding package providing funding for Ukraine, Israel, the Indo-Pacific region, and southern border policy; the FY 2024 National Defense Authorization Act (NDAA); and a rules change regarding consideration of hundreds of military promotions at one time. The Senate this week will vote on several judicial and executive nominations, including: Jeffrey Bryan to be U.S. District Judge for the District of Minnesota; Margaret Garnett to be U.S. District Judge for the Southern District of New York; and Jose Javier Rodriguez to be Assistant Secretary for Employment and Training at the Department of Labor.
For the remainder of the week, the House and Senate will hold several hearings, including a Senate Judiciary Committee hearing on “The Gun Violence Epidemic: A Public Health Crisis”; a Senate Environment and Public Works Committee hearing on “WRDA 2024: Stakeholder Feedback on USACE Project Partnership Agreements”; a House Budget Committee hearing on “Examining the Need for a Fiscal Commission”; a House Education and the Workforce Subcommittee hearing on “Bad for Business: DOL’s Proposed Overtime Rule”; a House Transportation and Infrastructure (T&I) Subcommittee hearing on “Getting on the Right Track: Navigating the Future of Intercity Passenger Rail in America”; a House T&I Subcommittee hearing on “Turbulence Ahead: Consequences of Delaying a Long-Term FAA Bill”; and a House Energy and Commerce Subcommittee hearing on “Oversight of President Biden’s Broadband Takeover.”
Representative-elect Celeste Maloy (R-Utah) will be sworn-in as the newest member of the House on Tuesday evening. Maloy won a special election on November 21 in Utah’s 2ndcongressional district with 57 percent of the vote, succeeding former Rep. Chris Stewart (R-Utah), who resigned from Congress on September 15 after serving in the chamber for more than ten years. For the first time since late May, the total number of House members will be 435, consisting of 222 Republicans and 213 Democrats.
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Providing Robust Organics and Diets for Urban Communities Everywhere (PRODUCE) Act
Rep. Rob Menendez Jr. (D-NJ-8)
Expands the Office of Urban Agriculture and Innovative Production’s capacity to assist urban farming operations across the country by increasing discretionary funding to $50 million per year.
Natural Disaster Safety Board Act
Rep. Katie Porter (D-CA-47)
Creates an investigative body to study natural disasters and implement policies that could help mitigate harm from future wildfires, hurricanes, earthquakes, and other disasters.
Bill to amend the Workforce Innovation and Opportunity Act to codify a grant program to promote and assist in the reentry of justice-involved individuals into the workforce.
Rep. Lloyd Smucker (R-PA-11)
Amends the WIOA to codify a grant program.
Bill to Reauthorize the Community Connect Grant Program
Rep. Melanie Stansbury (D-NM-1)
Amends the Rural Electrification Act of 1936 to reauthorize the Community Connect Grant Program.
Bill Promoting the Reduction of Health Disparities
Rep. Shri Thanedar (D-MI-13)
Provides for the designation of areas as Health Disparity Zones to reduce health disparities and improve health outcomes in such areas.
Agency
Title
Proposed Regulation
Comment Deadline
OMB
OMB is proposing to revise sections of its Guidance for Grants and Agreements, including both policy changes and clarifications to existing guidance.
December 4, 2023
OSTP
Development of a Federal Environmental Justice Science, Data, and Research Plan
OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.
December 12, 2023
HUD
Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program
HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.
December 18, 2023
DOI
The Orphaned Wells Program Office (OWPO) invites public comment to help inform its efforts in determining how to best structure the Regulatory Improvement Grant (RIG) program, pursuant to section 40601 of the Infrastructure Investment and Jobs Act
December 19, 2023
Treasury
The Department of Treasury is issuing an interim final rule to amend the definition of “obligation” set forth in the Department's regulations with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act of 2021.
December 20, 2023
EPA
The EPA is issuing for public comment a draft guidance on applying the recent decision of the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund, in the Clean Water Act Section 402 NPDES permit program for point source discharges that travel through groundwater before reaching a water of the United States.
December 27, 2023
FTA
The FTA is considering proposing minimum safety standards to provide protections for transit workers to obtain adequate rest thereby reducing the risk of fatigue-related safety incidents.
December 29, 2023
DOT
DOT is considering whether to amend the accessibility requirements for transportation facilities under the Americans with Disabilities Act of 1990 (ADA) currently contained in Appendix A to DOT's regulations governing transportation services for individuals with disabilities.
January 5, 2024
HHS
The Administration for Children and Families invites public comments on the possibilities for design and implementation of the new pilot program and work outcomes measures of the FRA, in the TANF program.
January 11, 2024
DOC
Comment Assessing Information Collection and Reporting Burdens
The Department of Commerce is seeking comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden, in accordance with the Paperwork Reduction Act of 1995.
January 22, 2024
NSF
National Science and Technology Council Subcommittee on Ocean Science and Technology (SOST), requests input from all interested parties to inform the development of a National Ocean Biodiversity Strategy (Strategy), covering the genetic lineages, species, habitats, and ecosystems of United States (U.S.) ocean, coastal, and Great Lakes waters.
February 28, 2024
Last Week
Former GOP congressional aide Celeste Maloy wins Utah House seat
White House announces new actions to support small business: ‘Shop small today’
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Federal Legislative Update
Week of November 20, 2023
Congressional
Outlook
Congress is in recess this week, with the Senate and the House returning Monday and Tuesday next week, respectively. While Congress passed a continuing resolution (CR) to keep the federal government open, lawmakers still have considerable work to do to close out the year.
Congress avoided a federal government shutdown on Wednesday, passing the Furthering Continuing Appropriations and Other Extensions Act, 2024 (H.R. 6363), which provides government funding in a two-step “laddered CRfor fiscal year 2024 through January 19 for four appropriations bills and through February 2 for the remaining eight bills. President Biden signed H.R. 6363 into law on Thursday. Congress also extended the National Flood Insurance Program (NFIP) through February 2, 2024, and the 2018 Farm Bill reauthorization through September 30, 2024.
When Congress returns to finish the first session of the 118th Congress, several critical legislative items are left for the body to address. The operating authority for the Federal Aviation Administration (FAA) was extended until December 31, which puts the FAA reauthorization at the top of the agenda for Congress. While the House passed its bill earlier this year, the Senate is still working out issues over pilot training rules. Added to the trouble is an independent panel report citing an increase in aviation near-misses and making recommendations for the FAA.
The report also calls out Congress for politically motivated government shutdowns and inadequate funding as core reasons for the challenges. Congress hopes to ride the new momentum of the confirmation of FAA administrator Michael Whitaker to finalize an authorization bill. The National Defense Authorization Act (NDAA) is must-pass legislation with over 60 years of bipartisan support. Both chambers have passed the NDAA, with the House legislation (H.R. 2670) funded at $874.2 billion and the Senate version (S. 2226) at $876.8 billion. As Congress heads to conference, more than just a few billion dollars are separating the bills. The House version has many amendments with no potential of passing in the Senate. The NDAA is likely to receive attention as one of the first legislative initiatives when Congress returns as leaders of the House and Senate Armed Services Committees have been meeting for months. The previous CR extension gave Congress until September 2024 to work out a deal on the 2018 Farm Bill. Funding disagreements loom large, and neither chamber has introduced bill text. One of the major issues around the funding for the bill is for commodity support programs. Republicans want to use $20 billion in Inflation Reduction Act funding for conservation and climate-smart agriculture to boost reference prices in USDA commodity programs. Congress may also act on the Biden administration’s emergency supplemental funding requests from October, including $106 billion for Israel, Ukraine, and the U.S.-Mexico border.
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Innovative Materials for America’s Growth and Infrastructure Newly Expanded (IMAGINE) Act
Rep. Seth Magaziner (D-RI-2) & Sen. Sheldon Whitehouse (D-RI)
Encourages the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system.
The Department of Energy (DOE) and United States Department of Agriculture (USDA) Interagency Research Act
Sen. Ben Ray Lujan (D-NM)
Requires interagency collaboration on activities including environmental science, electric grid modernization, and rural technology development. Overall, this bipartisan legislation will develop partnerships that maximize limited federal research dollars to improve the ability to address key agricultural research needs.
Making Aid for Local Disasters Equal Now (MALDEN) Act
Rep. Cathy McMorris Rodgers (R-WA-5)
Ensures that a declaration for a major disaster or emergency is made on a timely basis, rural areas receive assistance.
Preserve Access to Rapid Ambulance Emergency Medical Treatment (PARA-EMT) Act
Rep. Marie Gluesenkamp Perez (D-WA-3)
Addresses EMS staffing shortages and makes it easier for experienced veterans to transition from medics to becoming certified paramedics and EMTs.
Brownfields Redevelopment Tax Incentive Reauthorization Act
Rep. Mikie Sherrill (D-NJ-11)
Allows state and local governments, nonprofits, or developers to fully deduct the cost of environmental remediation of brownfields, vacant industrial and commercial areas like gas stations that remain undeveloped because of concerns of environmental contamination.
Farm to School Act
Rep. Chris Pappas (D-VI-At Large)
Amends the Richard B. Russell National School Lunch Act to reauthorize the farm to school program.
Pre-Apprenticeship Wrap-Around Support Services Fund Act
Rep. Adam Smith (D-WA-9)
Directs the Secretary of Labor to make grants to eligible applicants to provide stipends to individuals enrolled in a pre-apprenticeship program.
The Rural Partnership and Prosperity Act
Sen. Bob Casey (D-PA)
Authorizes the Secretary of Agriculture to provide rural partnership program grants and rural partnership technical assistance grants.
The Voter Choice Act
Sen. Michael Bennett (D-CO)
Amends the Help America Vote Act of 2002 to support State and local governments making a transition to ranked choice voting.
The Alleviating Spaceport Traffic by Rewarding Operators (ASTRO) Act
Sen. Mark Warner (D-VA)
Establishes an intermodal transportation infrastructure pilot program.
Bill to add funds for law enforcement
Sen. Amy Klobuchar (D-MN)
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program to help law enforcement agencies with civilian law enforcement tasks.
Agency
Title
Proposed Regulation
Comment Deadline
OMB
The change would establish new agency requirements in areas of AI governance, innovation, and risk management, and would direct agencies to adopt specific minimum risk management practices for uses of AI that impact the rights and safety of the public.
December 5, 2023
HHS
HHS is proposing a revision to its floodplain management procedures to include climate science if an action takes place in a floodplain.
December 6, 2023
OSTP
Development of a Federal Environmental Justice Science, Data, and Research Plan
OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.
December 12, 2023
HUD
Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program
HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.
December 18, 2023
DOI
The Orphaned Wells Program Office (OWPO) invites public comment to help inform its efforts in determining how to best structure the Regulatory Improvement Grant (RIG) program, pursuant to section 40601 of the Infrastructure Investment and Jobs Act
December 19, 2023
FTA
The FTA is considering proposing minimum safety standards to provide protections for transit workers to obtain adequate rest thereby reducing the risk of fatigue-related safety incidents.
December 29, 2023
DOT
DOT is considering whether to amend the accessibility requirements for transportation facilities under the Americans with Disabilities Act of 1990 (ADA) currently contained in Appendix A to DOT's regulations governing transportation services for individuals with disabilities.
January 5, 2024
NSF
National Science and Technology Council Subcommittee on Ocean Science and Technology (SOST), requests input from all interested parties to inform the development of a National Ocean Biodiversity Strategy (Strategy), covering the genetic lineages, species, habitats, and ecosystems of United States (U.S.) ocean, coastal, and Great Lakes waters.
February 28, 2024
Last Week
President Biden Signs Bill into Law Avoiding Government Shutdown
Congress’ dysfunction is making flying riskier, aviation panel says
|
Federal Legislative Update
Week of November 6, 2023
Congressional
Outlook
Congress is back in session this week, with the House and the Senate returning today. The federal government will shut down in 12 days without the passage of another short-term spending bill.
For the House to pass a funding bill to avoid a shutdown beginning on November 18, Speaker Mike Johnson (R-La.) and House GOP leadership must act soon. One sticking point among House Republicans is adhering to the 72-hour rule, which allows members three days to consider legislation prior to a vote on the House floor. When considering a stopgap Continuing Resolution (CR) to fund the federal government, adhering to the rule may prove critical for the House Republican Conference. The House Republican Conference will meet on Tuesday to discuss options going forward, although House Republicans will very likely wait to place a spending bill on the floor until next week. The Speaker has already indicated that he will likely aim to pass a CR funding the government through mid-January 2024. One option that Speaker Johnson may use is a clean government spending bill. Another potential is a laddered approach to the CR. The laddered CR would extend funding to federal agencies for different periods of time. However, its leading proponent, Rep. Andy Harris (R-Md.), has yet to make clear how long different agencies would receive stopgap funding. The laddered CR has very little potential of passing in the Senate.
Speaker Johnson hopes to pass all twelve FY24 appropriations bills by the Nov. 17 government shutdown deadline. Currently, the House has passed 7 bills. This week, the House will consider its versions of the FY 2024 Transportation-HUD (H.R. 4820) and Financial Services-General Government (H.R. 4664) appropriations bills, with the Transportation-HUD bill facing $26 billion in cuts to the agencies. The White House has alreadyissued veto threats for each of these spending bills. Passing these bills would bring the count to 9, leaving the three most contentious bills, the Agriculture-FDA, Commerce-Justice-Science, and Labor-Health and Human Services-Education appropriations bills for potential consideration during the week of Nov. 13.
Last week, the Senate passed a $280 billion Military Construction-VA, Agriculture, and Transportation-HUD “minibus” by an overwhelming vote of 82-15. Last week, the House also passed its version of the FY 2024 Interior-Environment appropriations bill on a near party-line vote of 213-203. The bill includes a $4 billion or 39% spending cut to the Environmental Protection Agency, which has the potential to curtail improvements to drinking water and reductions to water pollution. The White House has already threatened to veto the House version of the bill. House and Senate leaders will need to bridge the gap on funding discrepancies between their respective sets of FY24 spending bills over the next two months to avoid being forced to pass another CR in January.
The House will consider six suspension bills, including votes on preservations of land and for two national monuments. The House Republican Conference will also vote on Speaker Johnson’s replacement as Vice Chair of the House GOP Conference on November 8, a position vacated by now-Speaker Johnson when he assumed his new role on Oct. 25. The Senate may also vote to confirm Monica Bertagnolli to be Director of the National Institutes of Health (NIH); Kenly Kiya Kato to be a U.S. District Judge for the Central District of California; Julia Kobick to be a U.S. District Judge for the District of Massachusetts; and Ramon Reyes Jr. to be a U.S. District Judge for the Eastern District of New York.
For the remainder of the week, the Senate will hold several hearings, including an Appropriations Committee hearing on “A Review of the President’s Supplemental Request for the Departments of Health and Human Services and Homeland Security;” an Environment & Public Works hearing on “Understanding Roadway Safety: Examining the Causes of Roadway Safety Challenges and Possible Interventions;” an Environment & Public Works hearing on “Accessing Clean Water Infrastructure Assistance: Small, Rural, Disadvantaged, and Underserved Communities;” and a Commerce, Science, and Transportation Committee hearing on “Sustainable Tourism for a Thriving Economy.”
The states of Kentucky, Mississippi, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and Virginia will hold elections on Tuesday. Among the many races voters will consider this week are governorships, key state legislative seats, and policy issues such as abortion, all of which are sure to have a longstanding impact on next year’s 2024 election. Voters in Rhode Island’s 1st congressional district will elect their new member of Congress for the remainder of the 118th Congress. The Democratic nominee, Gabe Amo, who previously served as the former Deputy Director of the White House Office of Intergovernmental Affairs from January 2021 to April 2023, is likely to win this race in a district President Biden won by 29 percentage points in 2020. Amo’s victory would give Democrats their 213th seat in the House (as compared to the 221 seats currently held by the House GOP majority).
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Linking Access to Spur Technology for Agriculture Connectivity in Rural Environments (LAST ACRE) Act
Rep. Brad Finstad (R-MN-1)
Amends the Rural Electrification Act of 1936 to establish a last acre program.
Bidirectional Electric Vehicle Charging Act
Rep. Jeff Duncan (R-SC-3)
Requires the Secretary of Energy to develop a National Electric Vehicle Bidirectional Charging Roadmap.
Guaranteeing Reliable Infrastructure Development (GRID) Act
Rep. Jeff Duncan (R-SC-3)
Requires coordination among federal agencies on regulatory actions that affect the reliable operation.
Cell Site Simulator Warrant Act
Rep. Ted Lieu (D-CA-36)
Amends title 18, United States Code, to regulate the use of cell-site simulators.
Building Up Infrastructure for Local Departments (BUILD) Act
Rep. Chris Pappas (D-NH-1)
Supports infrastructure investment in small law enforcement agencies and small fire departments.
Build More Housing Near Transit Act
Rep. Scott Peters (D-CA-50) & Sen. Brian Schatz (D-HI)
Amends title 49, United States Code, to include affordable housing incentives in certain capital investment grants.
Counseling Not Criminalization in Schools Act
Rep. Ayanna Pressley (D-MA-7) & Sen. Christopher Murphy (D-CT)
Diverts federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes.
Bill to study barriers to farmers and ranchers
Sen. Michael Bennet (D-CO)
Provides for a study on the accessibility of substance use disorder treatment and mental health care providers and services for farmers and ranchers.
Biennial Budgeting and Appropriations Act
Sen. Jeanne Shaheen (D-NH)
Provides for a biennial budget process and a biennial appropriations process and to enhance oversight and the performance of the Federal Government.
Supplemental Appropriations to Respond to the Attacks on Israel
Sen. Roger Marshall (R-KS)
Bill would make emergency supplemental appropriations to respond to the attacks in Israel for the fiscal year ending September 30, 2024.
Agency
Title
Proposed Regulation
Comment Deadline
EPA
Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program
The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.
November 24, 2023
FTA / DOT
Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects
The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.
November 24, 2023
NIST
Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.
November 24, 2023
OMB
The change would establish new agency requirements in areas of AI governance, innovation, and risk management, and would direct agencies to adopt specific minimum risk management practices for uses of AI that impact the rights and safety of the public.
December 5, 2023
HHS
HHS is proposing a revision to its floodplain management procedures to include climate science if an action takes place in a floodplain.
December 6, 2023
OSTP
Development of a Federal Environmental Justice Science, Data, and Research Plan
OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.
December 12, 2023
HUD
Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program
HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.
December 18, 2023
DOI
The Orphaned Wells Program Office (OWPO) invites public comment to help inform its efforts in determining how to best structure the Regulatory Improvement Grant (RIG) program, pursuant to section 40601 of the Infrastructure Investment and Jobs Act
December 19, 2023
FTA
The FTA is considering proposing minimum safety standards to provide protections for transit workers to obtain adequate rest thereby reducing the risk of fatigue-related safety incidents.
December 29, 2023
DOT
DOT is considering whether to amend the accessibility requirements for transportation facilities under the Americans with Disabilities Act of 1990 (ADA) currently contained in Appendix A to DOT's regulations governing transportation services for individuals with disabilities.
January 5, 2024
Last Week
House proposes slashing $4B from the EPA
Senate passes three fiscal 2024 spending bills in 'minibus'
There are a ton of elections Tuesday. Here are 10 to watch.
Farm bill faces battle as GOP pushes to strip climate, SNAP funding for subsidies
Senate Republicans release proposal to overhaul border policies
|
Federal Legislative Update
Week of October 30, 2023
Congressional
Outlook
Congress is back in session this week, with the House returning Wednesday and the Senate returning today. The government will shut down in 18 days without passage of another short-term spending bill.
After 22 days without a Speaker of the House, Rep. Mike Johnson (R-La.) won the election by a vote of 220-209. Speaker Johnson began his Speakership by saying his “first priority” is avoiding a government shutdown. In doing so, the House Leadership canceled the chamber’s originally scheduled two-week recess and will now be in session from Wednesday to Friday this week and Monday to Thursday next week. House Leadership hopes to finish passage of the chamber’s seven remaining FY 2024 Appropriation bills before the November 17 government funding deadline. Last Thursday, the House passedits FY 2024 Energy and Water appropriations bill. The House has passed five funding bills so far, leaving seven appropriations bills for FY 2024 to pass before November 17. If Congress cannot pass all 12 bills by Nov. 17, the Speaker is on record saying he will aim to pass a Continuing Resolution (CR) funding the government through January 15, 2024.
Today, House Republicans introduced a standalone package which includes $14.3 billion in aid to Israel. House GOP leadership expects to introduce the bill early this week and vote on it Thursday. Speaker Johnson has said the aid package will receive an offset from budget cuts elsewhere, including rescinding $14.3 billion in unobligated funding to the Internal Revenue Service (IRS) originally provided by the Inflation Reduction Act (IRA). Questions remain if the House would pass legislation pairing funding for both Ukraine and Israel. While Senate Minority Leader Mitch McConnell (R-Ky.) wants to include aid for Ukraine in a funding package for Israel, his stance places him at odds with Speaker Johnson and some members of his own conference over the strategy. As support wanes among Senate Republicans, Leader McConnell’s approach to the aid package will be one to follow as it may have implications on the passage of short-term government funding legislation as Congress nears the November 17 funding deadline.
The Senate is still considering its $280 billion FY 2024 Agriculture, Military Construction-Veterans Affairs, and Transportation-HUD appropriations “minibus” package, including ten remaining amendments left to vote on. The Senate voted on an amendment from Sen. Mike Braun (R-Ind.) last week to remove Congressionally Directed Spending projects for local and state projects from the minibus spending package. The amendment, which failed 35-62, would have removed $3.8 billion in earmarked dollars from 1,270 projects across the three spending bills. Five Senators who voted for the amendment secured FY24 earmarks for their state during the appropriations process, including Sens. Bill Cassidy (R-La.), Deb Fischer (R-Neb.), John Kennedy (R-La.), John Thune (R-S.D.), and Tommy Tuberville (R-Ala.). After completing the amendment process, including the adoption of 27 amendments, Senate Majority Leader Chuck Schumer said he hopes the upper chamber will pass the package this week. The Senate may also vote to confirm Jack Lew as U.S. Ambassador to Israel.
The House will consider six suspension bills, all focusing on the war between Israel and Hamas. On Wednesday evening, the lower chamber will consider its versions of the FY24 Legislative Branch, Interior-EPA, and Transportation-HUD appropriations bills. The House Republican Conference will vote on Speaker Johnson’s replacement as vice chair of the Conference on November 8. The House will also potentially vote on three resolutions, including an expulsion motion against Rep. George Santos (R-N.Y.), which requires two-thirds majority support from House members, a censure motion against Rep. Rashida Tlaib (D-Mich.), and a censure motion against Rep. Majorie Taylor Greene (R-Ga.). Speaker Johnson told the House Republican Conference during a Sunday call that he would rather “beat Democrats on policy.”
For the remainder of the week, the Senate will hold several hearings, including an Appropriations Committee hearing on “A Review of the National Security Supplemental Request;” an Environment & Public Works hearing on “The Science of Extreme Event Attribution: How Climate Change Is Fueling Severe Weather Events;” and a Health, Education, Labor, and Pensions Committee hearing on “AI and the Future of Work: Moving Forward Together.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Volunteer Driver Tax Appreciation Act
Rep. Pete Stauber (R-MN-8) & Sen. Amy Klobuchar (D-MN)
Legislation would lower the financial burden that those volunteer drivers face by increasing the charitable mileage tax deduction rate for drivers from $0.14 to $0.655 per mile.
Flood Protection and Infrastructure Resilience Act
Sen. Pete Ricketts (R-NE)
Modifies the Department of Agriculture programs to improve flood protection and infrastructure resiliency.
Reduce Food Loss and Waste Act
Sen. Dick Durbin (D-IL)
Amends the Agricultural Marketing Act of 1946 to establish a voluntary program to reduce food loss and waste.
Urban Canal Modernization Act
Rep. Michael Simpson (R-ID-2)
Allows the Bureau of Reclamation to authorize a 35% non-reimbursable cost share to help repair and rehabilitate “urban canals of concern,” canals through urban areas that would cause significant property damage or possible loss of life if the canal were to fail
Energy Choice Act
Rep. Nick Langworthy (R-NY-23)
Prohibits states or local governments from prohibiting the connection, reconnection, modification, installation, or expansion of an energy service based on the type or source of energy to be delivered.
Emergency Advance Payments Modernization Act
Rep. Andrew Garbarino (R-NY-2) & Sen. John Kennedy (R-LA)
Amends the National Flood Insurance Act of 1968 to establish a pilot program to increase the allowable amounts of advance payments under the National Flood Insurance Program.
Don’t Develop Obstructive Infrastructure on our Terrain Act
Rep. Michael Simpson (R-ID-2) & Sen. James Risch (R-ID)
Amends the Federal Land Policy and Management Act of 1976 to provide for the denial of certain applications for solar or wind energy development projects right-of-way applications.
Break Free From Plastic Pollution Act of 2023
Rep. Jared Huffman (D-CA-2) & Sen. Jeff Merkley (D-OR)
Amends the Solid Waste Disposal Act to reduce the production and use of certain single-use plastic products and packaging, to improve the responsibility of producers in the design, collection, reuse, recycling, and disposal of consumer products and packaging, to prevent pollution from consumer products and packaging from entering into animal and human food chains and waterways.
Energy Efficient Manufacturing Act
Rep. Matt Cartwright (R-PA-8) & Sen. Jeff Merkley (D-OR)
Establishes the Financing Energy Efficient Manufacturing Program at the Department of Energy to provide financial assistance to promote energy efficiency and onsite renewable technologies in manufacturing facilities.
Helping Open Underutilized Space to Ensure Shelter (HOUSES) Act of 2023
Sen. Mike Lee (R-UT)
Amends the Federal Land Policy and Management Act of 1976 to authorize the sale of certain Federal land to States and units of local government to address housing shortages.
Agency
Title
Proposed Regulation
Comment Deadline
DOEd
Assistance to fund quick-turnaround high-reward, scalable solutions intended to improve education outcomes for all students.
November 13, 2023
DOL
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
November 7, 2023
GSA
Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule
Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.
November 17, 2023
Treasury
The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.
November 20, 2023
EPA
Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program
The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.
November 24, 2023
FTA / DOT
Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects
The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.
November 24, 2023
NIST
Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.
November 24, 2023
OSTP
Development of a Federal Environmental Justice Science, Data, and Research Plan
OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.
December 12, 2023
HUD
Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program
HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.
December 18, 2023
DOI
The Orphaned Wells Program Office (OWPO) invites public comment to help inform its efforts in determining how to best structure the Regulatory Improvement Grant (RIG) program, pursuant to section 40601 of the Infrastructure Investment and Jobs Act
December 19, 2023
FTA
The FTA is considering proposing minimum safety standards to provide protections for transit workers to obtain adequate rest thereby reducing the risk of fatigue-related safety incidents.
December 29, 2023
Last Week
Mike Johnson elected House speaker, ending 22 days of GOP stalemate
Senate rejects Braun amendment to strip ‘minibus’ earmarks
House Republicans pass first government funding bill under new Speaker
House GOP plans to vote Thursday on Israel aid bill
Rep. Mike Johnson says avoiding shutdown is priority as House speaker
Rep. Dean Phillips launches long-shot primary challenge to Biden
|
Federal Legislative Update
Week of October 23, 2023
Congressional
Outlook
Congress is back in session this week, with the House returning today and the Senate returning on Tuesday.
The House of Representatives has had no Speaker for 20 days, leaving the body paralyzed to act. There are currently nine Speaker candidates: House Majority Whip Tom Emmer (Minn.), House Republican Conference Vice Chair Mike Johnson (La.), House Republican Study Committee Chair Kevin Hern (Okla.), Reps. Byron Donalds (Fla.), Austin Scott (Ga.), Jack Bergman(Mich.), Pete Sessions (Texas), Gary Palmer (Ala.), and Dan Meuser (Pa.). Tonight at 6:30 p.m. ET, the 224 current membersof the House Republican Conference (including the GOP Delegates from Guam and American Samoa and the GOP Resident Commissioner from Puerto Rico) will host an internal candidate forum. House Republicans will use ranked-choice voting on Tuesday morning to select their new Speaker nominee, following the failed Speaker bids of House Majority Leader Steve Scalise (La.) and House Judiciary Committee Chair Jim Jordan (Ohio) over the past two weeks. The third iteration of voting on the House floor, where the nominee will need receive 217 votes to be elected Speaker, will begin as early as Tuesday evening. Chair Jordan (Ohio) lost his designation as the GOP nominee for Speaker on Friday after losing a secret ballot by a vote of 86-112 following three failed votes on the House floor over the course of four days last week. House Majority Whip Emmer is viewed by many observers as the frontrunner for the nomination.
The Senate will begin working this week on the Biden Administration’s $106 billion request for an emergency supplemental funding package, according to Senate Majority Leader Chuck Schumer (D-NY). The upper chamber will work to vote on a package including aid for Ukraine ($61.4 billion), Israel ($14.3 billion), border security ($13.6 billion), and humanitarian purposes ($9.15 billion). Including the aid in one package would be the most efficient legislative avenue, however, Democrats will face pushback from Senate Republicans who want to vote on several of the items separately. Added to the issue of how to resolve the supplemental request is that the House is currently without a Speaker, an issue with no end in sight. House Speaker Pro Tempore Patrick McHenry (R-NC) said that House Appropriations Committee Chair Kay Granger (R-Texas) is working on a package for military aid for Israel, Ukraine, Taiwan, and border security. Additionally, the Senate will continue considering the three-bill FY 2024 appropriations “minibus” package (Agriculture, Military Construction – Veterans Affairs, and Transportation – Housing and Urban Development spending bills), which the upper chamber began consideration of on September 12. Lawmakers have one remaining issue to resolve before moving forward with the minibus. Senate Appropriations Committee Vice-Chair Susan Collins (R-ME) expects the Senate to resolve the issue (which she declined to name) by this week and then hold a final vote on the minibus package.
If a new Speaker of the House is elected this week, the House will consider five suspension bills, including the Modernizing the Acquisition of Cybersecurity Experts Act of 2023 (H.R. 4502), allowing Federal agencies to establish educational requirements for certain cybersecurity positions in the competitive service. The House will also likely vote on two FY 2024 Appropriations bills, the Legislative Branch Appropriations Act (H.R. 4364) and the Energy and Water Development Appropriations Act (H.R. 4394). The Senate will vote on the nominations of Michael Whitaker to be Administrator of the Federal Aviation Administration and Jessica Looman to be an Administrator of the Department of Labor’s Wage and Hour Division.
For the remainder of the week, the Senate will hold several hearings, including a Budget Committee hearing on “Bottlenecks and Backlogs: How Climate Change Threatens Supply Chains;” and a Veterans’ Affairs Committee hearing on “VA Accountability and Transparency: A Cornerstone of Quality Care and Benefits for Veterans.” The House will hold a House Transportation and Infrastructure Subcommittee on Water Resources and Environment hearing on “Water Resources Development Acts: Status of Past Provisions and Future Needs.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Facilitating Hazard Mitigation Projects Act
Sen. Gary Peters (D-MI)
Requires the Administrator of the Federal Emergency Management Agency to conduct an evaluation and submit to Congress a report on ways to reduce the complexity of the cost effectiveness requirements for hazard mitigation assistance.
Resilient Transit Act of 2023
Rep. Adriano Espaillat (D-NY-13) & Sen. Kirsten Gillibrand (R-NY)
Provides a dedicated stream of federal funding to strengthen resiliency of our nation’s public transportation systems.
Transit Emergency Relief Act
Sen. John Fetterman (D-PA)
Improves the Federal Transit Administration’s (FTA) Emergency Response (ER) Program into parity with the Federal Highway Administration’s (FHWA) program that serves the same purpose for America’s highways and road infrastructure.
Rural Health Care Facilities Revitalization Act
Rep. Yadira Caraveo (D-CO-8)
Authorizes rural health facilities to use federal agricultural funds to ensure their long-term financial stability.
Voluntary Streamlined Permitting and Inspection legislation
Rep. Susie Lee (D-NV-3) & Sen. Martin Heinrich (D-NM)
Requires the Secretary of Energy to further develop and support the adoption of a voluntary streamlined permitting and inspection process for authorities having jurisdiction over the permitting of qualifying distributed energy systems.
Water Quality Certification Improvement Act of 2023
Sen. John Barrasso (R-WY)
Amends the Federal Water Pollution Control Act to make changes with respect to water quality certification.
Fire Safe Electrical Corridors Act
Rep. Salud Carbajal (D-CA-24)
Allows the U.S. Forest Service to approve the removal of hazardous trees near power lines on federal land without requiring a timber sale, easing a serious threat that has in the past been a major cause of destructive wildfires.
Promoting Reduction of Emissions Through Landscaping Equipment Act
Rep. Luis Correa (D-CA-46)
Amend the Internal Revenue Code of 1986 to establish a business tax credit for the purchase of zero-emission electric lawn, garden, and landscape equipment.
Agency
Title
Proposed Regulation
Comment Deadline
FEMA
Programmatic/Class Floodplain Review Procedures for Specific Preparedness Grant Projects
FEMA aims to improve the determination that a programmatic/class review is appropriate for six categories of activities in specific grant programs that do not have an adverse impact individually or cumulatively on floodplain values placing property and persons at risk.
November 3, 2023
FEMA
FEMA aims to improve the management and administration of its preparedness grant programs to continue to assist the nation in building and sustaining capabilities to prevent, prepare for, protect against, and respond to terrorist attacks and other hazards.
November 7, 2023
DOEd
Assistance to fund quick-turnaround high-reward, scalable solutions intended to improve education outcomes for all students.
November 13, 2023
DOL
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
November 7, 2023
GSA
Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule
Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.
November 17, 2023
Treasury
The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.
November 20, 2023
EPA
Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program
The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.
November 24, 2023
FTA / DOT
Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects
The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.
November 24, 2023
NIST
Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.
November 24, 2023
OSTP
Development of a Federal Environmental Justice Science, Data, and Research Plan
OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.
December 12, 2023
Last Week
These 9 candidates have joined the House speaker race after Jim Jordan dropped out
Michael Whitaker wins key vote to be next FAA administrator
The White House is asking for almost $106 billion for Israel Ukraine and the border
|
Federal Legislative Update
Week of October 16, 2023
Congressional
Outlook
Congress is back in session this week, with the Senate returning today and the House Tuesday.
The House of Representatives remains without a Speaker since Kevin McCarthy was ousted from the role on Oct. 3 by a vote of 216-210. After narrowly receiving the House GOP Conference’s nomination last Wednesday by a vote of 113-99, House Majority Leader Steve Scalise (R-La.) announced a day later that he would withdraw himself from consideration after failing to receive the remaining votes to reach the 217 vote threshold. That left House Judiciary Committee Chair Jim Jordan (R-Ohio), who re-entered the race for Speaker and beat Rep. Austin Scott (R-Ga.) for the nomination last Friday, by a vote of 124-81. A second vote lowered the number of no votes for Jordan down to 55, and over the weekend, Rep. Jordan and his allies worked to lower the number further. GOP leaders on the House Appropriations and Armed Services Committees originally planned to form a bloc to block Rep. Jordan’s bid to become Speaker. However, the move was short-lived as Speaker nominee Jordan recently won over the votes of House Armed Services Committee Chair Mike Rogers (R-Ala.) and House Appropriations Defense Subcommittee Chair Ken Calvert (R-Calif). Chair Rodgers shared in a message of support for Jordan that they “agreed on the need for Congress to pass a strong NDAA, appropriations to fund our government’s vital functions and other important legislation like the Farm Bill.” As Jordan closes in on the Speaker role, many expect a Tuesday vote on the House floor. When the floor vote occurs Tuesday afternoon, Republican opposition to Speaker nominee Jordan is expected to nominate an alternative option.
As the House remains at a standstill deciding on a Speaker, the Senate is also facing roadblocks to passing legislation. The upper chamber plans to continue consideration of the three-bill FY 2024 appropriations package (Agriculture, Military Construction – Veterans Affairs, and Transportation – Housing and Urban Development spending bills) which was initially considered beginning on September 12. Many lawmakers are concerned that there will not be enough time to fund the federal government beyond Friday, November 17 and pass aid for Israel and Ukraine. Senate Majority Leader Chuck Schumer (D-NY) announced that he will work to craft the “most generous package possible” to assist Israel and hopes the legislation will pass in the next few weeks.
If a Speaker of the House is elected this week, the House will consider five suspension bills, including the Modernizing the Acquisition of Cybersecurity Experts Act of 2023 (H.R. 4502), allowing Federal agencies to establish educational requirements for certain cybersecurity positions in the competitive service. The House will also vote on two FY 2024 Appropriations bills, the Legislative Branch Appropriations Act (H.R. 4364) and the Energy and Water Development Appropriations Act (H.R. 4394). The Senate will vote on the nominations of Jennifer Hall to be a U.S. District Judge for the District of Delaware, Julia Munley to be a U.S. District Judge for the Middle District of Pennsylvania, and Karla Gilbride to be General Counsel of the Equal Employment Opportunity Commission.
For the remainder of the week, the Senate will hold several hearings, including a Banking, Housing, and Urban Affairs Committee hearing on “How Community Development Financial Institutions Promote Housing and Economic Opportunity”; and an Energy and Natural Resources Committee hearing to “Examine the Department of Energy’s Decision-Making Process for Awarding Competitive Loans and Grants Funded Through the Inflation Reduction Act and the Bipartisan Infrastructure Law.” The House will hold an Oversight and Accountability Select Subcommittee on the Coronavirus Pandemic hearing on “Strengthening Biosafety and Biosecurity Standards: Protecting Against Future Pandemics;” and a Small Business hearing on “Burdensome Regulations: Examining the Effects of DOL Rulemaking on America’s Job Creators.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Improving the Office
Rep. Alma Adams (D-NC-12)
Amends the Department of Agriculture Reorganization Act of 1994 to improve the Office of Urban Agriculture and Innovative Production.
Bill to Permanently Authorize the PILT Program
Rep. Brittany Pettersen (R-CO-7)
Permanently authorize Payments in Lieu of Taxes (PILT) funding. Currently the program must be reauthorized every year, creating the potential for disruption in payments to counties that support essential local government services like education, law enforcement, emergency services, transportation infrastructure, and health care.
Streamlining Federal Grants Act
Rep. Barbara Lee (D-WA-3)
Improves the effectiveness and performance of certain Federal financial assistance programs. The bill would standardize and coordinate grant administration across the federal government to make it easier for communities and organizations to apply for grant.
Creates a disaster assistance fund for housing and community development
Rep. Al Green (D-TX-9)
Establishes a community disaster assistance fund for housing and community development and to authorize the Secretary of Housing and Urban Development to provide, from the fund, assistance through a community development block grant disaster recovery program.
Bill to establish the NOAA offshore aquaculture Center of Excellence
Rep. Nancy Mace (R-SC-1)
Requires the Administrator of the National Oceanic and Atmospheric Administration to establish an assessment program for offshore aquaculture, to establish Aquaculture Centers of Excellence, to require a study and report.
Soil Conservation & Regeneration Education (Soil CARE) Act
Rep. Andrea Salinas (D-OR-6)
Requires the Secretary of Agriculture to establish and maintain a training program for Department of Agriculture personnel and third-party providers on the rapidly evolving methodologies, science, and practices of biological soil health management systems on agricultural land.
Agency
Title
Proposed Regulation
Comment Deadline
FEMA
Programmatic/Class Floodplain Review Procedures for Specific Preparedness Grant Projects
FEMA aims to improve the determination that a programmatic/class review is appropriate for six categories of activities in specific grant programs that do not have an adverse impact individually or cumulatively on floodplain values placing property and persons at risk.
November 3, 2023
FEMA
FEMA aims to improve the management and administration of its preparedness grant programs to continue to assist the nation in building and sustaining capabilities to prevent, prepare for, protect against, and respond to terrorist attacks and other hazards.
November 7, 2023
DOEd
Assistance to fund quick-turnaround high-reward, scalable solutions intended to improve education outcomes for all students.
November 13, 2023
DOL
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
November 7, 2023
GSA
Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule
Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.
November 17, 2023
Treasury
The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.
November 20, 2023
EPA
Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program
The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.
November 24, 2023
FTA / DOT
Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects
The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.
November 24, 2023
NIST
Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.
November 24, 2023
OSTP
Development of a Federal Environmental Justice Science, Data, and Research Plan
OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.
December 12, 2023
Last Week
Jordan to face a challenger in floor vote Tuesday
Austin Scott running for Speaker against Jordan
Scalise drops out of race for speaker of the House, leaving Congress in limbo
|
Federal Legislative Update
Week of October 10, 2023
Congressional
Outlook
Congress is in recess this week, with the Senate and House returning on Monday and Tuesday, respectively.
Last Tuesday, Speaker Kevin McCarthy (R-Calif.) was ousted as Speaker of the House. His Speakership lasted only nine months and ended after fellow Republican Rep. Matt Gaetz (R-Fla.) filed a motion to vacate the Speaker. The vote passed 216-210 when eight Republicans joined all Democrats to remove the Speaker. Following the removal of Speaker McCarthy, Rep. Patrick McHenry was selected as Speaker pro tempore until a new Speaker was elected. Here is why all of this is important. With no Speaker of the House, the House of Representatives cannot pass any legislation. Although, some GOP authorities say that the House may pass legislation if they deem it necessary. The 45-day CR Congress passed will expire on November 17, making time limited for Congress to resolve differences and pass long-term government spending. The Farm Bill, Federal Aviation Administration, and National Flood Insurance Program reauthorizations are all legislative items that Congress must act on. Additionally, following an attack on Israel, members from both sides spoke of an urgency to assist Israel.
The frontrunners vying for Speaker are current House Majority Leader Steve Scalise (R-La.) and Judiciary Chair Jim Jordan (R-Ohio). Yesterday, Kevin McCarthy did not rule out returning as Speaker if House Republicans remain at a stalemate. Complicating all of this are some members who have vowed to only vote for Kevin McCarthy as Speaker. However, at a closed-door meeting with House Republicans, former Speaker McCarthy told lawmakers not to nominate him. Only a quarter of the Republican Conference are publicly committed to a candidate. It is unclear who has the inside track to get enough votes (218) to secure the Speakership. The candidate forum will occur tonight.
When the Senate returns next week, it plans to continue consideration of the three-bill appropriations package (Agriculture, Military Construction – Veterans Affairs, and Transportation – Housing and Urban Development). Previously, the Senate attempted to vote on the package but failed to advance after Republican opposition. The upper chamber will also vote on several judgeships.
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Federal Disaster Tax Relief Act of 2023
Rep. Greg Steube (R-FL-17)
To provide tax relief with respect to certain Federal disasters.
& S. 3006
Substance Use Disorder and Family Engagement (SAFE) in Recovery Act
Rep. Barbara Lee (D-CA-12) & Sen. Ed Markey (D-MA)
To make care accessible for parents living with substance use disorder (SUD) and prevent family separation.
Transboundary Aquifer Assessment Program Reauthorization Act
Rep. Melanie Stansbury (D-NM-1)
To amend the United States-Mexico Transboundary Aquifer Assessment Act to reauthorize the United States-Mexico transboundary aquifer assessment program.
Enhancing Electric Grid Resilience Act
Sen. Peter Welch (D-VT)
Amends the Federal Power Act to authorize the allocation of the costs of certain interstate electric power transmission lines and electric power transmission lines that are located offshore.
USDA Express Loan Act
Rep. Brad Finstad (R-MN-1)
Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to create the USDA Express Guaranteed Farm Ownership and Guaranteed Farm Operating Loan programs, enabling faster access to credit for America's farmers and ranchers.
Soil Conservation and Regeneration Education (Soil CARE) Act
Sen. Jeff Merkley (D-OR)
Establishes and maintain a training program for Department of Agriculture personnel and third-party providers on the rapidly evolving methodologies, science, and practices of biological soil health management systems on agricultural land.
A bill to improve wastewater treatment and flood control works
Rep. Grace Napolitano (D-CA-31)
Authorizes the International Boundary and Water Commission to accept funds for activities relating to wastewater treatment and flood control works.
Protecting America from Seasonal and Pandemic Influenza Act
Rep. Rick Larsen (D-WA-2)
To bolster the federal response to seasonal and pandemic influenza.
Agency
Title
Proposed Regulation
Comment Deadline
US Army Corps of Engineers / DoD
The Water Resources Development Act of 2020 directs the Secretary of the Army to implement a pilot program for carrying out projects under a continuing authority program for economically disadvantaged
October 20, 2023
NOAA
NOAA seeks information on how to enhance their delivery of climate data, information, science, and tools and ensure that this delivery is equitable.
October 21, 2023
FCC
Establishing a 5G Fund for Rural America
The FCC plans to reach the goal of high-speed mobile services through the 5G Fund will allow the Commission to proceed with its plan to transition from mobile legacy high-cost support, which continues to be distributed inefficient.
October 23, 2023
FEMA
FEMA aims to improve the management and administration of its preparedness grant programs to continue to assist the nation in building and sustaining capabilities to prevent, prepare for, protect against, and respond to terrorist attacks and other hazards.
November 7, 2023
DOL
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
November 7, 2023
GSA
Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule
Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.
November 17, 2023
Treasury
The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.
November 20, 2023
EPA
Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program
The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.
November 24, 2023
FTA / DOT
Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects
The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.
November 24, 2023
NIST
Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.
November 24, 2023
Last Week
Kevin McCarthy ousted as House Speaker in historic vote
What to know about the House Speaker race
Concerns rise as aid to help low-income families afford broadband nears end
|
Federal Legislative Update
Week of October 2, 2023
Congressional
Outlook
Congress worked over the weekend to pass a stopgap government funding bill and avoid a government shutdown. Lawmakers will need to act fast as the continuing resolution President Biden signed into law late Saturday night just hours before a shutdown only funds the government for 45 days.
After months of negotiating and political posturing from both chambers and parties, Congress passed the 45-day stopgap spending bill, funding the government through November 17. On Saturday, both chambers passed the Continuing Appropriations Act, 2024 and Other Extensions Act (H.R. 5860) in a bipartisan manner. The House voted to pass the short-term spending bill by a vote 335-91, with all Democrats voting in favor for the extension except for Rep. Mike Quigley (D-Ill.). The Senate followed suit later that afternoon, passing the measure 88-9.
The legislation funds the government at fiscal year 2023 funding levels and includes $16 billion for emergency disaster assistance. The legislation extends the Federal Aviation Administration (FAA) authorization including $842.1 million for the Airport Improvement Program (AIP), allowing for the planning and development of public-use airports through December 31. Extensions for the National Flood Insurance Program (NFIP), the Temporary Assistance for Needy Families (TANF) program, and programs for disaster response under the Pandemic and All-Hazards Preparedness and Advancing Innovation Act are authorized through November 17. The measure does not include any funding for Ukraine aid despite receiving bipartisan support. House and Senate Republicans also originally hoped to include funding for border security, but that was dropped as lawmakers opted to refrain from attaching less relevant measures to the funding legislation.
Speaker Kevin McCarthy (R-Calif.) expects to receive a challenge to his Speakership from fellow Republican Rep. Matt Gaetz (R-FL). As part of the concessions given to members of his own party to secure the Speakership at the beginning of the 118th Congress, any member can file a motion to vacate against the Speaker. Rep. Gaetz indicated he intends to initiate that motion this week, citing the Speaker’s choice to work alongside Democrats. It is unclear how many supporters Rep. Gaetz will have in his quest to oust the Speaker, nor is it clear if House Democrats will opt to join the Freedom Caucus Republican in removing the Speaker.
The House will consider five suspension bills, including the Modernizing the Acquisition of Cybersecurity Experts Act of 2023 (H.R. 4502), allowing Federal agencies to establish educational requirements for certain cybersecurity positions in the competitive service. The House will vote on two FY 2024 Appropriations bills, the Legislative Branch Appropriations Act (H.R. 4364) and the Energy and Water Development Appropriations Act (H.R. 4394). The Senate will vote on the nominations of James O'Brien to be Assistant Secretary of State to European and Eurasian Affairs, Brendan Hurson to be United States District Judge for the District of Maryland, and Susan DeClercq to be United States District Judge for the Eastern District of Michigan.
With the passing of Sen. Diane Feinstein (D-Calif.), Governor Gavin Newsom appointed Laphonza Butler, the president of EMILY’s List, to serve the remainder of Feinstein’s term. The California primary for the seat is March 5; Rep. Adam Schiff, Rep. Katie Porter, and Rep. Barbara Lee are the front runners. Senate Democrats expect to swear in Laphonza Butler by the middle of the week.
For the remainder of the week, the Senate will hold several hearings, including a Commerce, Science, and Transportation Committee nomination hearing for “Michael Whitaker to be Administrator of the Federal Aviation Administration;” a Budget Committee hearing to “Examine the Costs of a Government Shutdown;” and a Commerce, Science, and Transportation Committee hearing “CHIPS and Science Implementation and Oversight.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Drought Assistance Improvement Act
Rep. Julia Letlow (R-LA-5)
Expands the Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP) coverage for farm-raised fish producers who have experienced losses caused by extreme weather or drought.
Assisting Family Farmers through Insurance Reform Measures (AFFIRM) Act
Rep. Earl Blumenauer (D-OR-3)
Caps, clarifies, and better targets federal crop insurance subsidies to small and mid-sized farmers.
Civic Corps Act of 2023
Rep. Joe Neguse (D-CO-2)
Amends the National and Community Service Act of 1990 to establish a pilot Civic Corps.
Enhancing Electric Grid Resilience Act
Sen. Peter Welch (D-VT)
Amends the Federal Power Act to authorize the allocation of the costs of certain interstate electric power transmission lines and electric power transmission lines that are located offshore.
Rural Water System Disaster Preparedness and Assistance Act
Sen. Catherine Cortez Masto (D-Nev.)
Helps rural water and wastewater systems better prepare for and respond to natural disasters or other extreme weather events.
Advancing Lifesaving Efforts with Rapid Test (ALERT) strips for Communities Act
Sen. Maggie Hassan (D-NH)
Requires research with respect to fentanyl and xylazine test strips, to authorize the use of grant funds for such test strips.
Agency
Title
Proposed Regulation
Comment Deadline
US Army Corps of Engineers / DoD
The Water Resources Development Act of 2020 directs the Secretary of the Army to implement a pilot program for carrying out projects under a continuing authority program for economically disadvantaged
October 20, 2023
NOAA
NOAA seeks information on how to enhance their delivery of climate data, information, science, and tools and ensure that this delivery is equitable.
October 21, 2023
FCC
Establishing a 5G Fund for Rural America
The FCC plans to reach the goal of high-speed mobile services through the 5G Fund will allow the Commission to proceed with its plan to transition from mobile legacy high-cost support, which continues to be distributed inefficient.
October 23, 2023
FEMA
FEMA aims to improve the management and administration of its preparedness grant programs to continue to assist the nation in building and sustaining capabilities to prevent, prepare for, protect against, and respond to terrorist attacks and other hazards.
November 7, 2023
DOL
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
November 7, 2023
GSA
Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule
Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.
November 17, 2023
Treasury
The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.
November 20, 2023
EPA
Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program
The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.
November 24, 2023
FTA / DOT
Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects
The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.
November 24, 2023
NIST
Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.
November 24, 2023
Last Week
Congress prevents a shutdown just hours before deadline
Why a government shutdown is complex for state and local governments
Gaetz vows to move to boot McCarthy
Dianne Feinstein, senator from California, dies at age 90
California Gov. Newsom will appoint Laphonza Butler to fill Feinstein’s Senate seat
Shutdown averted: States, localities breathe a sigh of relief
|
Federal Legislative Update
Week of September 25, 2023
Congressional
Outlook
The House and Senate are in session this week, returning Tuesday after the Yom Kippur holiday. Lawmakers have just five days left to pass a short-term continuing resolution (CR) until federal government funding runs out beginning the first day of Fiscal Year (FY) 2024, on October 1. Congressional leaders must maximize every legislative moment as the pressure mounts to pass a short-term extensions of government funding, in addition to temporarily authorizing Federal Aviation Administration (FAA) and Farm Bill programs. As it stands, a government shutdown seems likely as Congress has been unable to resolve differences on funding levels.
House Speaker Kevin McCarthy (R-Calif) recently held a GOP conference call to share the plan for the upcoming week. Ultimately, the Speaker wants to pass stopgap funding to give the House more time to pass additional FY24 spending bills and improve the House GOP’s leverage with the Senate when deciding full-year funding. The Speaker plans to take the base text of the previously introduced Continuing Appropriations and Border Security Enhancement Act, 2024 and potentially extend the length of the CR from October 31 to November 15, 2023. The House has scheduled four FY 2024 spending bills for consideration this week. House Republicans have set up debate for the FY24 Defense, Homeland Security, State-Foreign Operations, and Agriculture-Rural Development spending bills, with a total of $3.8 billion in cuts to agriculture and foreign aid programs. It is uncertain if Republican leadership will have the necessary 217 votes to adopt the rule covering debate and amendments to the bills. Tentatively, the House plans to debate and adopt the rule on Tuesday evening, debate and consideration of 440 amendments on the four bills over three days, and then final votes on all four bills on Friday. The most conservative members of the Republican Conference have stated that they will not vote for a CR and are demanding the lower chamber make additional significant cuts to the spending bills and continue voting on the remaining FY24 spending bills.
In the upper chamber, Senate Majority Leader Chuck Schumer (D-NY) will move to use the House-passed Securing Growth and Robust Leadership in American Aviation Act (H.R. 3935), the House version of the five-=year FAA reauthorization bill. The Senate’s own version of the FAA bill has stalled in committee, and Leader Schumer will use the House version of the bill (minus the House-passed language) as a vehicle to pass a CR to extend programs and include disaster relief assistance and Ukraine aid. Failing to extend the FAA’s programs would lead to a furlough of employees, and most airport construction projects would be forced to halt. Senate Commerce, Science, and Transportation Committee Chair Maria Cantwell (D-Wash.) said the FAA will most likely receive a three-month extension this week. House Transportation & Infrastructure Committee Chair Sam Graves (R-Mo.) said that he believes the House will consider a standalone bill extending certain FAA authorities. The U.S. Travel Association estimates that the U.S. economy would lose as much as $140 million per day if a federal government shutdown were to occur. The Senate may choose to extend government funding through at least December. Senate Republicans, including Rand Paul (R-Ky.), have maintained that he will not vote for a continuing resolution that includes additional assistance to Ukraine.
The House will consider two suspension bills, including the Senate-passed Fiscal Year 2024 VA Extenders Legislation (S. 2795), which extends Department of Veterans Affairs authorities related to medical treatment, education benefits, and home loan fees. The House will also vote on the Protecting Hunting Heritage and Education Act (H.R. 5110), allowing elementary schools to use federal aid for archery, hunting, other shooting sports, or culinary arts.
For the remainder of the week, the Senate will hold several hearings, including a Banking, Housing, and Urban Affairs hearing on “The State of Flood Insurance in America.”
The House will hold a Transportation & Infrastructure hearing on “Clean Water Infrastructure Financing: State and Local Perspectives and Recent Developments;” and a Veterans’ Affairs Committee hearing on “VA’s Fiduciary Program: Ensuring Veterans’ Benefits are Properly Managed.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Healthy at Home Act of 2023
Rep. Joe Courtney (D-CT-2) & Sen. Richard Blumenthal (D-CT)
Improves the health, safety, and habitability of our country’s federally-assisted housing.
Justice for Angel Families Act
Rep. Troy Nehls (R-TX-22)
Authorizes grants for crime victims to be distributed to angel families,
Flood Insurance Affordability Act
Sen. Rick Scott (R-FL)
Requires the Federal Emergency Management Agency (FEMA) to offer an option to pay their flood insurance premiums monthly, rather than in a larger lump sum once a year.
End Diaper Need Act of 2023
Sen. Tammy Duckworth (D-IL)
Assists low-income families to address diaper need by providing targeted funding for states, territories and other eligible entities
Civilian Climate Corps for Jobs and Justice Act
Rep. Alexandria Ocasio-Cortez (D-NY-14) & Sen. Jeff Merkley (D-OR)
Amends the National and Community Service Act of 1990 to establish a Civilian Climate Corps to help communities respond to climate change and transition to a clean economy.
Collision Avoidance Systems Act of 2023
Rep. Daniel Webster (R-FL-11)
Clarifies certain regulations to allow for the installation of pulsating light systems for high-mounted stop lamps,
NO TIME TO Waste Act
Rep. Chellie Pingree (D-ME-1) & Sen. Chris Coons (D-DE)
Supports food recovery and preventing food waste through research, public-private partnerships, and enhanced government coordination.
Service Starts at Home Act
Rep. Andy Kim (D-NJ-3)
This bill would help students serve in their hometowns and provide hands-on learning opportunities throughout the country by creating a grant program through the Department of Education to support paid internships at the local government level.
Clean Energy Victory Bonds Act
Rep. Zoe Lofgren (D-CA-28) & Sen. Jeff Merkley (D-OR)
Directs the U.S. Secretaries of Treasury, Energy, and Defense to develop and issue $50 billion in Clean Energy Victory Bonds that support energy efficiency, solar, wind, geothermal, and electric vehicle efforts.
Water Infrastructure Finance and Innovation Act Amendments of 2023
Rep. Kim Schrier (D-WA-8)
Reauthorizes the Water Infrastructure Finance and Innovation Act of 2014 and restore WIFIA funding and financing eligibility to state entities and non-federal cost shares in federally involved projects.
Agency
Title
Proposed Regulation
Comment Deadline
US Army Corps of Engineers / DoD
The Water Resources Development Act of 2020 directs the Secretary of the Army to implement a pilot program for carrying out projects under a continuing authority program for economically disadvantaged
October 20, 2023
NOAA
NOAA seeks information on how to enhance their delivery of climate data, information, science, and tools and ensure that this delivery is equitable.
October 21, 2023
FEMA
FEMA aims to improve the management and administration of its preparedness grant programs to continue to assist the nation in building and sustaining capabilities to prevent, prepare for, protect against, and respond to terrorist attacks and other hazards.
November 7, 2023
DOL
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
November 7, 2023
GSA
Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule
Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.
November 17, 2023
Treasury
The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.
November 20, 2023
EPA
Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program
The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.
November 24, 2023
FTA / DOT
Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects
The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.
November 24, 2023
NIST
Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.
November 24, 2023
Last Week
Four spending bills readied for House floor amid stopgap uncertainty
Lawmakers are trying these 3 plans to fund the government
|
Federal Legislative Update
Week of September 18, 2023
Congressional
Outlook
The House and Senate are in session this week. Lawmakers have just 12 days left to pass a short-term continuing resolution (CR) until federal government funding runs out beginning on the first day of Fiscal Year (FY) 2024 on October 1.
This week, the House will focus on a stopgap funding bill after the House Freedom Caucus and Republican Main Street Caucus negotiated a compromise on a 31-day CR (through October 31, 2023). The deal reached by the two groups within the House Republican Conference, the Continuing Appropriations and Border Security Enhancement Act, 2024, would result in an eight percent cut to all domestic agencies while keeping funding for the Departments of Defense, Veterans Affairs (VA), and Homeland Security at the enacted FY23 levels. It also includes a modified version of the Secure the Border Act of 2023 (H.R. 2), which prohibits asylum claims and includes other immigration restrictions. Additionally, the $40 billion in supplemental aid requested by the White House is not included in the bill. On Monday evening, the House Rules Committee will mark up the CR. Last night, House Speaker Kevin McCarthy (R-Calif.) met with the House Republican Conference to share the details of the CR and the plan to vote on it this Thursday. As it stands, the CR will have issues passing the House, as over ten House Republicans have come out against the proposal, making the prospects of getting to the current 217-vote threshold difficult. If the CR were to pass out of the House, the legislation would likely receive no support from Senate Democrats or the Biden Administration. Congress must also address full-year FY24 government funding—House leadership plans to vote on the Department of Defense Appropriations Act of 2024 (H.R. 4365) on Wednesday.
In the upper chamber, Senators will regroup after Sen. Ron Johnson (R-Wis.) blocked a unanimous consent request to package the FY24 Military Construction-VA, Agriculture-FDA, and Transportation-HUD Appropriations bills together last Thursday. Sen. Johnson argued that lawmakers should have the chance to debate one FY24 spending bill at a time and was not alone in expressing concerns over the process as Sens. Rand Paul (R-Ky.) and Mike Braun (R-Ind.) said they would consider the three-bill spending package in exchange for an open amendment process. Even after the setback, the Senate calendar includes resuming consideration of the $280 billion FY24 “minibus” appropriations package (utilizing the House-passed FY24 Military Construction-VA bill text [H.R. 4366] as a vehicle) consisting of the FY24 Military Construction-VA, Agriculture-Rural Development, and Transportation-HUD Appropriations bills. The Senate will also vote on Vernon Oliverto be a U.S. District Judge for the District of Connecticut and Rita Lin to be a U.S. District Judge for the Northern District of California.
The House will consider 8 suspension bills, including the Veterans Education Oversight Expansion Act (H.R. 3981), which increases the VA’s oversight capacity and restores benefits to defrauded veterans. The House will also vote on a resolution “Condemning the actions of Governor of New Mexico, Michelle Lujan Grisham, for subverting the Second Amendment to the Constitution and depriving the citizens of New Mexico of their right to bear arms” (H. Res. 684).
For the remainder of the week, the Senate will hold several hearings, including an Energy and Natural Resources Subcommittee hearing to “Examine Drought Impacts on Drinking Water Access and Water Availability;” and an Environment and Public Works Committee
hearing examining “Drinking Water Infrastructure and Tribal Communities.” The House will hold a Natural Resources Subcommittee hearing on “Examining Barriers to Access in Federal Waters: A Closer Look at the Marine Sanctuary and Monument System;” a Transportation and Infrastructure Committee hearing on “Oversight of the Department of Transportation’s Policies and Programs” a Science, Space, and Technology Committee hearing on “Chips on the Table: A one year review of the Chips and Science Act;” and a Transportation and Infrastructure Subcommittee hearing on “FEMA: The Current State of Disaster Readiness, Response, and Recovery.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
School Modernization and Efficient Access to Lunches for Students (MEALS) Act of 2023
Rep. Jahana Hayes (D-CT-5)
Streamlines the approval process for students in need of free school meals, increase community eligibility, reduce administrative work and address unpaid meal debt.
Office of Disaster Recovery and Resilience Act
Sen. Alex Padilla (D-CA)
Reforms rural housing programs, and for other purposes.
Bill to amend the Small Business Act
Rep. Jared Golden (D-ME-2)
Appoints a permanent Assistant Administrator to run the Office of Rural Affairs, require webinars and outreach events, and create transparency by mandating an annual report on the activities of the agency.
Protecting Infrastructure Investments for Rural America Act
Rep. Brad Finstad (R-MN-1)
Ensures the rural surface transportation grant program is accessible to rural areas.
Justice for Angel Families Act
Rep. Troy Nehls (R-TX-22)
Authorizes grants for crime victims to be distributed to angel families.
Collision Avoidance Systems Act of 2023
Rep. Daniel Webster (R-FL-11)
Clarifies certain regulations to allow for the installation of pulsating light systems for high-mounted stop lamps,
Office of Disaster Recovery and Resilience Act
Sen. Alex Padilla (D-CA)
Establishes a permanent Office of Disaster Recovery and Resilience within the Economic Development Administration (EDA), which would be tasked with supporting the short- and long-term economic recovery efforts of communities impacted by natural disasters.
Promoting Resilient Buildings Act of 2023
Rep. Edwards, Chuck (R-NC-11)
Amends certain laws relating to disaster recovery and relief with respect to the implementation of building codes.
Building Up Farmland Frontiers for Ecological Resilience (BUFFER) Act
Rep. Rebecca Balint (D-VT-At Large) & Sen. Bernie Sanders (D-VT)
Amends the Food Security Act of 1985 to expand the definition of eligible land for the purposes of the conservation reserve program.
Arts Education for All Act
Rep. Suzanne Bonamici (D-OR-1)
Increases access to the arts for students.
Agency
Title
Proposed Regulation
Comment Deadline
US Army Corps of Engineers / DoD
The Water Resources Development Act of 2020 directs the Secretary of the Army to implement a pilot program for carrying out projects under a continuing authority program for economically disadvantaged
October 20, 2023
NOAA
NOAA seeks information on how to enhance their delivery of climate data, information, science, and tools and ensure that this delivery is equitable.
October 21, 2023
FEMA
FEMA aims to improve the management and administration of its preparedness grant programs to continue to assist the nation in building and sustaining capabilities to prevent, prepare for, protect against, and respond to terrorist attacks and other hazards.
November 7, 2023
DOL
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
November 7, 2023
GSA
Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule
Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.
November 17, 2023
Last Week
Combo appropriations package hits the skids in Senate
House GOP makes first move in stopgap funding fight
Citing health issues, Wexton decides not to run again
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Federal Legislative Update
Week of September 11, 2023
Congressional
Outlook
The House and Senate are in session this week. The House returns Tuesday after 47 days off, while the Senate is back in session today.
Government funding remains the crucial legislative item that Congress must address by September 30. Lawmakers face expirations to various Federal Aviation Administration (FAA) and Farm Bill authorizations while also needing to conference the FY 2024 National Defense Authorization Act (NDAA)
Reports are circulating that many House Republicans believe that a shutdown is growing in possibility. House Speaker Kevin McCarthy’s (R-Calif.) leadership will face a test as he hopes to pass a stopgap funding bill to provide more time for Congress to pass the FY 2024 appropriations bills. This week, the House will vote on the Department of Defense Appropriations Act, 2024 (H.R. 4365), providing $886 billion to the Department of Defense. The Rules Committee will first work through over 300 amendments on Tuesday evening. Passage of the FY24 Defense spending bill this week followed by the likely consideration of the FY24 Homeland Security spending bill next week could assist the Speaker’s case and set up a tense negotiation between the House and Senate. Speaker McCarthy will address the Republican Conference on Wednesday to discuss a strategy to pass a short-term continuing resolution (CR), which could mean potentially courting a large contingent of House Democrats. Many believe this approach could draw the ire of the House Freedom Caucus and other conservatives. Additionally, the White House is seeking $40 billion in supplemental funding, including $24 billion in aid to Ukraine, which House Republican leaders will likely only include in exchange for additional funding for southern border security.
Regarding the expiring authorizations, specifically the Farm Bill and the FAA, Congress will opt to pass temporary provisions for expiring programs. Leaders on both sides have cited the need to extend the Farm Bill as Congress has not made sufficient progress on its reauthorization. House Agriculture Committee Chair G.T. Thompson (R-Penn.) will delay the release of the Farm Bill text until House Republican leadership plans floor time for the bill. That makes it unlikely for the House to release the text by September, and a release by November is also in doubt. Senate Agriculture Committee Chair Debbie Stabenow (D-Mich.) shared a similar outlook on the bill, citing, “It’s going to be a while” before the Senate text is released. The National Flood Insurance Program (NFIP) will also need to receive an extension to continue the program’s authority for FEMA to provide new flood insurance contracts and maintain available funds at $30.43 billion instead of $1 billion. The extension would mark the 26thshort-term NFIP extension since September 2017. The FAA will also likely need an extension. While the House passed its version of the bill by a vote of 351-69 in late July, the Senate’s version is still awaiting a markup after issues related to pilot training requirements, DCA flights, and consumer protection derailed the Senate Commerce Committee’s progress in June. Another critical legislative item that will require the attention and time of Congress is the conferencing of the FY24 NDAA.
The House will consider 7 suspension bills, including the Emergency Wildfire Fighting Technology Act of 2023 (H.R. 3389), requiring the Departments of Agriculture and the Interior to evaluate the system that uses airplanes to drop water containers and other fire retardants on wildfires. The House will also vote on the Preserving Choice in Vehicle Purchases Act (HR 1435), which prohibits the EPA from granting waivers for vehicles emissions laws to states that directly or indirectly limit the sale or use of new gas-powered cars. This week, the Senate will begin consideration of a FY 2024 “minibus” appropriations package (utilizing the House-passed FY24 Military Construction-VA bill text [H.R. 4366] as a vehicle) consisting of the FY24 Military Construction-VA, Agriculture-Rural Development, and Transportation-HUD Appropriations bills approved by the Senate Appropriations Committee in June and July. The Senate will also vote on Tanya Bradsher to be Deputy Secretary of Veterans Affairs; and Jeffrey Cummings to be a U.S. District Judge for the Northern District of Illinois.
For the remainder of the week, the Senate will hold several hearings, including a Banking, Housing, and Urban Affairs Committee hearing on the “Housing Supply and Innovation;” and an Environment and Public Works Committee hearing examining “Examining the Effects of Extreme Heat and Weather on Transportation.” The House will hold an Energy and Commerce Committee hearing on “Keeping the Lights On: Enhancing Reliability and Efficiency to Power American Homes” and an Oversight and Accountability hearing on “The Inflation Reduction Act: A Year in Review.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Jobs in the Woods Act
Rep. Lori Chavez-DeRemer (R-OR-5)
Requires the Secretary of Agriculture to establish a grant program to address forestry workforce development needs, and for other purposes.
Modernizing Agricultural and Manufacturing Bonds Act
Sen. Sherrod Brown (D-OH)
Amends the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes.
Small Farm Conservation Act
Rep. Yadira Caraveo (D-CO-8)
Amends the Food Security Act of 1985 to require the Secretary of Agriculture to establish a small farm EQIP subprogram under the environmental quality incentives program, and for other purposes.
Save Our Airports Reporting Act
Rep. Salud Carbajal (D-CA-27)
Requires the Administrator of the Federal Aviation Administration to submit to Congress progress reports on the development and implementation of a national plan to transition to the use of a fluorine-free firefighting foam, and for other purposes.
PFAS Act
Rep. Salud Carbajal (D-CA-27)
Establishes a PFAS replacement program through the Department of Transportation at certain airports, and for other purposes.
Rural Development Modernization Act
Rep. Jim Costa (R-CA-21)
To harmonize the population threshold for rural communities under programs carried out by the Department of Agriculture, and for other purposes.
Helping Low-Income Seniors Afford Care Act
Rep. Angie Craig (D-MN-2)
Amends the Medicare Improvements for Patients and Providers Act of 2008 to extend funding outreach and assistance for low-income programs.
Choices for Increased Mobility Act of 2023
Rep. John Joyce (R-PA-13)
Amends title XVIII of the Social Security Act to clarify payment rules for manual wheelchairs under part B of the Medicare program.
Agency
Title
Proposed Regulation
Comment Deadline
OMB
Assessing Changes in Environmental and Ecosystem Services in Benefit-Cost Analysis
The Office of Management and Budget (OMB) is requesting comments on proposed guidance for assessing changes in environmental and ecosystem services in benefit-cost analysis.
September 18, 2023
US Army Corps of Engineers / DoD
The Water Resources Development Act of 2020 directs the Secretary of the Army to implement a pilot program for carrying out projects under a continuing authority program for economically disadvantaged
October 20, 2023
FEMA
FEMA aims to improve the management and administration of its preparedness grant programs to continue to assist the nation in building and sustaining capabilities to prevent, prepare for, protect against, and respond to terrorist attacks and other hazards.
November 7, 2023
DOL
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
November 7, 2023
Last Week
Fall session is all about spending, NDAA fights — and McCarthy’s ‘Hobson’s choices’
What happens if the National Flood Insurance Program (NFIP) lapses
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Federal Legislative Update
Week of September 5, 2023
Congressional
Outlook
The Senate returns this week from its month-long August recess. The House will be back in session beginning Tuesday of next week. Lawmakers face a lengthy to-do list with limited legislative days ahead of a potential federal government shutdown beginning October 1.
The Senate has 16 legislative days, and the House only has 11, to address substantive policy issues and agree on spending levels for government funding. In addition to government funding, Congress faces expirations to various Federal Aviation Administration and Farm Bill authorizations while also needing to conference the FY 2024 National Defense Authorization Act.
Senate Majority Leader Chuck Schumer (D-N.Y.) shared a Dear Colleague letter outlining the upper chamber’s priorities for September. Majority Leader Schumer plans to bring several spending bills to a floor vote by mid-September. As part of a minibus, senators will likely vote on the Military Construction-VA, Transportation-HUD, and Agriculture-FDA Appropriations bills. “The Senate will work to get as much done as possible in September. To avoid a government shutdown, the House should follow the Senate’s lead and pass their appropriations bills in a bipartisan way,” said Schumer. Senate Minority Leader Mitch McConnell (R-Ky.) told reporters that the farm bill will receive an extension as Congress has not made sufficient progress on the reauthorization. Senate Agriculture Committee Chair Debbie Stabenow (D-Mich.) is preparing to finalize the Senate’s version of the bill that “can be signed into law by the end of the calendar year,” she said. The White House is also seeking $40 billion in supplemental funding, with $24 billion in aid to Ukraine and $16 billion in natural disaster funding. This week, the Senate will vote on Philip Jefferson to be Vice Chairman of the Board of Governors of the Federal System; Gwynne Wilcox to be a Member of the National Labor Relations Board; Lisa Cook and Adriana Kugler to be Members of the Board of Governors of the Federal Reserve System; and Anna Gomez to be a Member of the Federal Communications Commission.
When the House returns next week, Speaker Kevin McCarthy (R-Calif.) will attempt to work with the most conservative members of the Republican Conference while negotiating with the White House and Senate to avoid a government shutdown. To do so, McCarthy plans to extend government funding at enacted FY 2023 funding levels for approximately four to six weeks, likely until November 1 or 15. In a recent private call with House Republican lawmakers, the Speaker urged support for the short-term spending deal to set up a later negotiation to include spending cuts and policy changes, including border security and immigration policy. On Appropriations, the House could begin floor debate on the FY 2024 State-Foreign Operations, Homeland Security, and Defense spending bills upon returning the week of September 11. Currently, the FY24 Defense Appropriations bill has over 300 amendments awaiting consideration by the House Rules Committee next week. The Speaker must also decide on whether various House committees will pursue an impeachment inquiry into President Joe Biden. Many believe the inquiry will occur, but prospects of ensuring the necessary amount of votes remain uncertain.
For the remainder of the week, the Senate will hold several hearings, including a Banking, Housing, and Urban Affairs Committee hearing on the “Challenges in the Property Insurance Market and the Impact on Consumers;” and an Environment and Public Works Committee hearing examining “Implementing IIJA: Perspectives on The Drinking Water and Wastewater Infrastructure Act, Part II.” In addition, on Tuesday, Rhode Island and Utah are holding special primary elections for current or soon-to-be vacant House seats in Rhode Island’s 1st congressional district and Utah’s 2nd congressional district.
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Wildlife Innovation and Longevity Driver (WILD) Reauthorization Act
Rep. David Joyce (R-OH-14)
Reauthorizes the Partners for Fish and Wildlife Program, which enables wildlife and habitat conservation in all 50 states and territories, and the Multinational Species Conservation Fund
START Housing Act of 2023
Rep. Suzanne Bonamici (D-OR-1
Reauthorizes and expands the pilot program to help individuals in recovery from a substance use disorder become stably housed, and for other purposes.
Economic Empowerment Through Predevelopment Act
Rep. Troy Carter (D-LA-2) & Sen. Alex Padilla (D-CA)
Authorizes the Economic Development Administration (EDA) to make grants or cooperative agreements available for planning and predevelopment of infrastructure projects to support communities across the country.
Voluntary Public Access Improvement Act of 2023
Rep. Debbie Dingel (D-MI-6) & Sen. Steve Daines (R-MT)
Provides state and tribal governments competitive grants to encourage owners and operators of privately-held land (i.e., farm, ranch, and forest land) to allow public access for hunting, fishing, and other wildlife-dependent recreation.
Connecting Our Neighbors to Networks and Ensuring Competitive Telecommunications (CONNECT) Act of 2023
Rep. Brittany Pettersen (D-CO-7)
Reforms the U.S. Department of Agriculture’s (USDA) ReConnect Loan and Grant Program making it easier for small providers to apply to this program, and ensures federal funding reaches rural communities faster by shortening required permitting deadlines.
EQIP Improvement Act of 2023
Rep. Jahana Hayes (D-CT-5)
Amends the Food Security Act of 1985 to make adjustments to the environmental quality incentives program, and for other purposes.
The Safeguarding Our Levees Act
Rep. Josh Harder (R-CA-9)
Protects communities from severe flooding and get damaged levees in flood-prone areas fixed as quickly as possible.
Rural Forest Markets Act
Rep. Chellie Pingree (D-ME-1)
Assists help small-scale, family forest owners and states forestry agencies access new economic opportunities and develop solutions to mitigate the climate crisis.
The Domestic Water Protection Act of 2023
Rep. Ruben Gallego (D-AZ-3)
Imposes an excise tax on water use during droughts, and for other purposes.
Agency
Title
Proposed Regulation
Comment Deadline
DOE
The DOE encourages project developers and others in industry to pursue the highest levels of safety, environmental stewardship, accountability, community engagement, and societal benefits in carbon management projects.
September 11, 2023
US Army Corps of Engineers / DoD
The Water Resources Development Act of 2020 directs the Secretary of the Army to implement a pilot program for carrying out projects under a continuing authority program for economically disadvantaged
October 20, 2023
Last Week
Congress poised for messy September as McCarthy races to avoid government shutdown
McConnell concedes farm bill will be late; Stabenow eyes year-end
Biden wants an extra $4 billion for disaster relief, bringing the total request to $16 billion
Congress returns for a chaotic September
McCarthy faces political minefield on Biden impeachment
Sen. McConnell’s health episodes show no evidence of stroke or seizure disorder, Capitol doctor says
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FEDERAL LEGISLATIVE UPDATE
Week of July 31, 2023
*Publishing Update*
The NSDC Weekly Federal Legislative Update will pause publication during the congressional August recess and will return to your inbox on Tuesday, September 5th. The Senate returns to Washington on September 5th and the House on September 12th.
See you next month!
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FEDERAL LEGISLATIVE UPDATE
Week of July 24, 2023
CongressionalOutlook
The House and Senate are in session. This week marks the final week Congress is in session before the month-long August recess begins.
Appropriators have released the bill text and summaries of all 12 spending bills in the House, with only the Labor-HHS-Education and Commerce-Justice-Science bills awaiting full committee markups. This week, lawmakers in the House are preparing floor votes on the FY24 Agriculture-FDA (H.R. 4368) and Military Construction-Veterans Affairs (H.R. 4366) spending bills during the week of July 24. The White House shared two “Statements of Administration Policy” for the MilCon-VA and Agriculture-FDA Appropriations bills, stating President Biden would veto the bills if they were to make it to the President’s desk. On Thursday, Senate appropriators will complete full markups of their versions of the FY24 Defense, Interior & Environment, Labor-HHS-Education, and Homeland Security bills, completing markups of all 12 spending bills before the start of the August recess. Sen. Lindsey Graham (R-S.C.) shared his prediction of a continuing resolution beginning October 1 spanning several months, coupled with an emergency supplemental spending bill.
The House will consider 13 suspension bills, including the First Responder Access to Innovative Technologies Act (H.R. 3254), which amends the Homeland Security Act of 2002 to establish a process to review applications for specific grants to purchase equipment or systems that do not meet or exceed any applicable national voluntary consensus standards. The Senate plans to vote on their version of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 (S. 2226) this week. First, the Senate will consider several outstanding amendments. The legislation authorizes $876.8 billion in discretionary military and national security spending.
For the remainder of the week, the House will hold several hearings, including an Energy and Commerce Committee hearing on the “Generational Learning Loss: How Pandemic School Closures Hurt Students.” In the Senate, the Energy and Natural Resources Committee will hold a hearing on “Reforming the Process for Permitting Electric Transmission Lines, Pipelines, and Energy Production on Federal Lands,” a Senate Budget Committee hearing on “Beyond the Breaking Point: The Fiscal Consequences of Climate Change on Infrastructure;” and an Environment and Public Works Committee hearing examining “Solutions for Single-Use Waste: Expanding Refill and Reuse Infrastructure.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Bill to create grace period for flood insurance payments
Rep. Anna Paulina Luna (R-FL-13)
Establishes a grace period for nonpayment of premiums for flood insurance coverage under the national flood insurance program until the Administrator of the Federal Emergency Management Agency implements the option for monthly payment of such premiums, and for other purposes.
Pandemic and All-Hazards Preparedness and Response Act
Sen. Bob Casey (D-PA)
Reauthorizes certain programs under the Public Health Service Act with respect to public health security and all-hazards preparedness and response, and for other purposes.
A bill to require each public housing agency to establish and maintain an online portal for tenants and applicants.
Rep. Nicole Malliotakis (R-NY-11) & Sen. Kirsten Gillibrand (D-NY)
Requires each public housing agency to establish and maintain an online portal for tenants and applicants, and for other purposes.
Smoke and Heat Ready Communities Act
Rep Anna Eshoo (D-CA-16) & Sen. Jeff Merkley (D-OR)
Makes grants to states to make necessary air quality upgrades; help local communities invest in protecting public health from wildfire smoke and extreme heat; and help communities research, develop, and implement plans to help mitigate smoke and extreme heat.
Investing in Rural America Act
Rep. Michelle Fischbach (R-MN-7)
Restores and codifies farm credit institutions' eligibility to finance essential rural facilities in partnership with local lenders and the U.S. Department of Agriculture's Community Facilities Loan and Grant Program,
Delivering for Rural Seniors Act
Rep. Marc Molinaro (R-NY-19)
Allows seniors living in rural areas, seniors with disabilities, and those with mobility or transportation issues to receive home delivery services from food banks participating in the Commodity Supplemental Food Program.
National Flood Insurance Program (NFIP) Extension Act of 2023
Sen. John Kennedy (R-LA)
Prevents the NFIP from expiring on September 30, 2023.
Water Infrastructure Enhancement Act of 2023
Rep. Gus Bilirakis (R-FL-12)
Amends the Public Health Service Act to fund detection and testing activities, such as wastewater surveillance, to detect synthetic opioids.
Wildlife Innovation and Longevity Driver Reauthorization (WILD) Act
Sen. Thomas Carper (D-DE)
Reauthorizes wildlife habitat and conservation programs.
Agency
Title
Proposed Regulation
Comment Deadline
FEMA
Community Disaster Resilience Zones and the National Risk Index
FEMA is reviewing the input on implementation of Community Disaster Resilience Zones Act of 2022 for potential improvements to FEMA’s resilience zones.
July 25, 2023
FAA
The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.
July 31, 2023
EPA
The EPA attempts to provide innovative approaches necessary to reduce and recover plastic materials and improve economic, social, and environmental impacts.
July 31, 2023 (Extended from original June 16)
IRS
The IRS issued proposed regulations on direct pay and transferability mechanisms that will help local governments and other eligible entities access clean energy tax credits.
August 14, 2023
Army Corps of Engineers
Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities
The Corps is requesting proposals for the pilot program for carrying out projects under a continuing authority program for economically disadvantaged communities.
August 21, 2023
Last Week
House approves FAA reauthorization bill
GOP hikes some earmark spending while pushing broader cuts
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FEDERAL LEGISLATIVE UPDATE
Week of July 17, 2023
CongressionalOutlook
The House and Senate are in session. The next two weeks are a critical time for Congress leading up to the month-long August recess.
Congress has made significant progress on the Fiscal Year 2024 appropriations process as lawmakers attempt to fund the federal government before the September 30, 2023 deadline. Currently, all twelve House Appropriations subcommittees have approved and marked up their respective FY 2024 appropriations bills, including eight at the full committee level, while the full Senate Appropriations Committee has approved and marked up five FY24 spending bills thus far. On Thursday, Senate appropriators will complete a full markup of the Transportation-HUD, Energy-Water, and State-Foreign Operations bills, with upper chamber appropriators planning to complete their process by the end of July. Leading lawmakers in the House are preparing floor votes on the FY24 Agriculture-FDA and Military Construction-VA appropriations bills during the week of July 24.
The House will vote this week on their version of the Federal Aviation Administration’s reauthorization bill, the Securing Growth and Robust Leadership in American Aviation Act (H.R. 3935). The House Rules Committee is meeting this afternoon to consider which of the 375 total amendments will receive floor consideration. Amendments span a myriad of issues, with pilot training, pilot retirement, and expansion of the number of long-haul flights at Ronald Reagan Washington National Airport as major issues represented. Expect a House floor vote on H.R. 3935 this Thursday. The Senate’s FAA Reauthorization Act of 2023 (S. 1939) markup is still pending, and many believe it will happen soon. The main reason the Senate’s version of the FAA reauthorization remains in the Senate Commerce, Science, and Transportation Committee is due to disagreements over raising the pilot retirement age from 65 to 67. Aviation Subcommittee Chair Tammy Duckworth (D-Ill.) recently mentioned a “breakthrough” in negotiations citing the rise in pilot retirement age in exchange for not altering the existing rule on the total accrued flight time of 1,500 hours by potential commercial pilots. Notably, House and Senate leaders will need to meet in conference to work out differences in their versions of the bill, with one of the key differences being overall FAA funding. The House has allocated $103 billion to the FAA over the next 5 years, while the Senate settled at $107 billion.
The House will consider 3 suspension bills, including the Senate-passed Providing Accountability Through Transparency Act of 2023 (S. 111), which requires the notice of a proposed rule by a federal agency to include the internet address of a summary of the rule, with the summary being 100 words or fewer, written in plain language, and posted on regulations.gov. The Senate will vote on their version of the National Defense Authorization Act (NDAA) for Fiscal Year 2024 (S. 2226). The legislation includes $876.8 in discretionary military and national security spending. The House passed its version of the FY24 NDAA last week, authorizing $874.2 billion in funding on a 219 -210 vote. The Senate will also consider Rachel Bloomekatz to be a U.S. Circuit Judge for the Sixth Circuit.
For the remainder of the week, the House will hold several hearings, including an Energy and Commerce Committee hearing on the “Examining Emerging Threats to Electric Energy Infrastructure”; The full House Appropriations Committee will hold markups of the FY24 Transportation-HUD and Interior-Environment Appropriations bills. In the Senate, the Appropriations Committee will hold a markup on “Energy and Water Development, State and Foreign Operations, and Transportation Housing and Urban Development Appropriations bills;” a Senate Energy and Natural Resources Water and Power Subcommittee hearing on Pending Bureau of Reclamation Legislation;” and an Agriculture, Nutrition, and Forestry Committee hearing examining “Rural water, focusing on modernizing our community water systems.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Supporting and Improving Rural EMS Needs (SIREN) Reauthorization Act
Rep. David Joyce (R-OH-14)
Extends funding through fiscal year (FY) 2028 for SIREN Act grants to rural fire and EMS agencies nationwide. The funding from the Substance Abuse and Mental Health Services Administration (SAMHSA) goes toward supporting rural EMS agencies in training and recruiting staff, conducting certification courses, and purchasing equipment.
Wireless Electric Vehicle Charging Grant Program Act of 2023
Rep. Haley Stevens (D-MI-11)
Creates a grant program in the U.S. Department of Transportation (DOT) for wireless EV charging projects.
Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act
Rep. Lauren Boebert (R-CO-3)
Reauthorizes the Bureau of Reclamation to provide cost-shared funding to implement the endangered and threatened fish recovery programs for the Upper Colorado and San Juan River Basins.
Streamlining Federal Grants Act of 2023
Sen. Gary Peters (D-MI)
Improves the effectiveness and performance of certain Federal financial assistance programs, and for other purposes.
National Wildland Fire Risk Reduction Program Act
Rep. Zoe Lofgren (D-CA-18)
Improves the Federal effort to reduce wildland fire risks, and for other purposes.
Cumulative Impacts Act
Rep. Rashida Tlaib (D-MI-12)
Establishes a Federal program of cumulative impact assessments under the Clean Water Act and Clean Air Act, and protections for environmental justice and frontline communities overburdened by air and water pollution.
Voluntary Groundwater Conservation Act
Sen. Michael Bennet (D-CO)
Creates a new voluntary groundwater easement program at the United States Department of Agriculture’s (USDA) Natural Resource Conservation Service (NRCS) within the Agricultural Conservation Easements Program (ACEP).
Water Infrastructure Enhancement Act of 2023
Rep. Rashida Tlaib (D-TX-28)
Amends the Safe Drinking Water Act to establish a program to provide grants to suppliers of water for the purpose of making infrastructure improvements to public water systems, and for other purposes.
Proper Leadership to Align Networks (PLAN) for Broadband Act
Sen. Roger Wicker (R-MS)
Requires the National Telecommunications and Information Administration (NTIA) to develop a national strategy to close the digital divide and a plan to implement it.
Agency
Title
Proposed Regulation
Comment Deadline
Council on Environmental Quality
Proposes equitable and just practices to advance safety, health, and prosperity for communities residing near the ocean, the coasts, and the Great Lakes and for the whole country, now and for future generations.
July 24, 2023
FEMA
Community Disaster Resilience Zones and the National Risk Index
FEMA is reviewing the input on implementation of Community Disaster Resilience Zones Act of 2022 for potential improvements to FEMA’s resilience zones.
July 25, 2023
FAA
The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.
July 31, 2023
EPA
The EPA attempts to provide innovative approaches necessary to reduce and recover plastic materials and improve economic, social, and environmental impacts.
July 31, 2023 (Extended from original June 16)
IRS
The IRS issued proposed regulations on direct pay and transferability mechanisms that will help local governments and other eligible entities access clean energy tax credits.
August 14, 2023
Army Corps of Engineers
Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities
The Corps is requesting proposals for the pilot program for carrying out projects under a continuing authority program for economically disadvantaged communities.
August 21, 2023
Last Week
NDAA narrowly passes House after controversial amendment votes
5 takeaways from POLITICO’s FAA reauthorization event
Murray, Collins strike deal on fiscal 2024 emergency funds
EPA proposes stricter regulations on lead exposure in residential buildings
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FEDERAL LEGISLATIVE UPDATE
Week of July 10, 2023
CongressionalOutlook
The House and Senate are in session. The next few weeks are a critical time for Congress leading up to the month-long August recess.
The Senate returns to Washington today with a procedural vote on former Rep. Xochitl Torres Small (D-N.M.) to be Deputy Secretary of Agriculture. Senate Majority Leader Chuck Schumer (D-N.Y.) sent a Dear Colleague letter on Sunday outlining the Senate’s plans for the July work session. According to the letter, the upper chamber will emphasize appropriations, the National Defense Authorization Act (NDAA), briefings on artificial intelligence, and confirming judicial nominees. The chamber will also attempt to address the Federal Aviation Administration (FAA) and Farm Bill reauthorizations, permitting reform, and prescription drug pricing reform, to name a few additional legislative items.
Senate appropriators will release, and markup three additional Fiscal Year (FY) 2024 spending bills this week without subcommittee markups. Members of the Senate Appropriations Committee decided to compensate for a late start this year. On Thursday, the committee will mark up its Commerce-Justice-Science, Financial Services-General Government, and Legislative Branch funding bills, following the same process used for the Agriculture-FDA and Military Construction-VA spending bills. As for the House Appropriations Committee, there has yet to be an announcement for their markup schedule this week. Half of the 12 spending bills passed through the full committee, while the Financial Services-General Government and State-Foreign Operations bills advanced out of their respective subcommittees and may be marked up by the full Committee later this week.
The House will consider the National Defense Authorization Act for Fiscal Year 2024 (H.R. 2670) this week, which authorizes a total of $874.2 billion in discretionary spending. The chamber will also likely consider several hundred of the 1,524 amendments filed to the bill by House members. These amendments cover various contentious topics, including abortion, transgender medical treatment, diversity programs, reducing penalties for troops who declined the COVID-19 vaccine, and decreasing aid for Ukraine. The House will also consider three bills under suspension of the rules this week, including the Improving Access to Small Business Information Act (H.R. 1548), which exempts the Office of the Advocate for Small Business Capital Formation within the Securities and Exchange Commission (SEC) from the Paperwork Reduction Act. The House Transportation and Infrastructure Committee’s marked-up version of the FAA reauthorization bill, the Securing Growth and Robust Leadership in American Aviation Act (H.R. 3935), should be voted on by the House during the week of July 17.
For the remainder of the week, the House will hold several hearings, including an Homeland Security Committee hearing on the “Future of FEMA: Agency Perspectives with Administrator Criswell” and an Transportation and Infrastructure Committee hearing on “Review of Fiscal Year 2024 Budget Request: Agency Perspectives (Part II).” In the Senate, the Appropriations Committee will hold a markup on “Commerce-Justice-Science, Financial Services, and Legislative Branch Appropriations bills.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Law Enforcement Officers Preventing Overdose Deaths Act
Rep. Dan Newhouse (R-WA-4)
Authorizes rural community response pilot grant programs to allow state & local law enforcement agencies to purchase naloxone, an effective tool to prevent and reduce opioid overdose deaths and directs at least 50% of the programs’ grant funding to rural communities.
Clean School Bus Infrastructure Act
Rep. Gabe Vasquez (D-NM-2)
Allows clean charging technology to be purchased with grant or loan dollars from the US Department of Agriculture’s Community Facilities Direct Loans and Grant Program.
Ending Agricultural Trade Suppression (EATS) Act
Sen. Ashley Hinson (R-IA-2)
Prevents states and local jurisdictions from interfering with the production and distribution of agricultural products in interstate commerce, and for other purposes.
Bill to improve the Securing the Cities program
Rep. Troy Carter (D-LA-2)
Amends the Homeland Security Act of 2002 to make improvements to the Securing the Cities program, and for other purposes.
Agency
Title
Proposed Regulation
Comment Deadline
Council on Environmental Quality
Proposes equitable and just practices to advance safety, health, and prosperity for communities residing near the ocean, the coasts, and the Great Lakes and for the whole country, now and for future generations.
July 24, 2023
FEMA
Community Disaster Resilience Zones and the National Risk Index
FEMA is reviewing the input on implementation of Community Disaster Resilience Zones Act of 2022 for potential improvements to FEMA’s resilience zones.
July 25, 2023
IRS
The IRS issued proposed regulations on direct pay and transferability mechanisms that will help local governments and other eligible entities access clean energy tax credits.
August 14, 2023
FAA
The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.
July 31, 2023
EPA
The EPA attempts to provide innovative approaches necessary to reduce and recover plastic materials and improve economic, social, and environmental impacts.
July 31, 2023 (Extended from original June 16)
Army Corps of Engineers
Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities
The Corps is requesting proposals for the pilot program for carrying out projects under a continuing authority program for economically disadvantaged communities.
August 21, 2023
Last Week
House GOP may move stopgap spending bill as soon as this month
House, Senate majorities putting their stamps on earmarks
Automatic spending cuts would threaten infrastructure funding
Grace Napolitano, longtime California congresswoman, announces her retirement
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FEDERAL LEGISLATIVE UPDATE
Week of June 26, 2023
CongressionalOutlook
The Weekly Legislative Update will take a one-week break, returning on Monday, July 10.
The House and Senate are in a two-week recess for the July 4thholiday. The chambers will return on July 10 and 11, respectively. The following legislative update will highlight where Congress stands on many outstanding legislative priorities. Negotiations surrounding the debt ceiling legislation in May delayed much of the progress on other priorities. With that now behind Congress, lawmakers will turn their attention to government spending legislation, reauthorization of the Federal Aviation Administration, the Farm Bill, and the National Defense Authorization Act.
Appropriations
When Congress returns, appropriators will continue marking up Fiscal Year (FY) 2024 spending bills in the full committee and individual subcommittees. The likelihood of a potential government shutdown, beginning on October 1, 2023, places the FY24 appropriations process at the forefront of discussions. With only three months until the shutdown deadline, many, including several high-ranking lawmakers, believe a short-term continuing resolution (CR) is inevitable. “The real deadline is January 1,” said Rep. Tom Cole (R-Okla.), vice chair of the Appropriations Committee. Last week, the Senate Appropriations Committee proposed funding totals matching the $1.59 trillion number set in the debt limit law. The allocation level in the Senate means that the House Appropriations Committee’s approved topline FY24 spending level is $119 billion lower than what the Senate is considering. This sets up a challenging conference when both sides finish their bill markups and negotiations begin this Fall. Regarding progress on the annual federal appropriations process, below is an outline of where both chambers stand.
House appropriators enter a two-week break, having crossed the halfway mark for FY24 markups. The Appropriations Committee has approved six funding bills in full committee, including: Agriculture-FDA, Defense, Energy-Water Development, Homeland Security, Legislative Branch, and Military Construction-VA. In the Senate, lawmakers, thus far, have completed full committee markups on the Agriculture-FDA and Military Construction-VA bills.
Upon returning during the week of July 10, the full House Appropriations Committee expects to finish marking up the State-Foreign Operations bill, which was voted out of the subcommittee last Thursday. The other remaining five FY24 spending bills (Commerce—Justice—Science; Financial Services—General Government; Interior—Environment; Labor—HHS—Education; and Transportation—HUD) will likely be marked up during the remainder of July by the committee.
FAA, Farm Bill, & Other Reauthorizations
The House and Senate versions of the Federal Aviation Administration (FAA) authorizations include $103 and $107 billion in funding over the next five years, with both chambers angling to complete their bill versions in July. The House Transportation & Infrastructure (T&I) Committee voted unanimously on June 14 to pass the Securing Growth and Robust Leadership in American Aviation Act (H.R. 3935) out of committee by a vote of 63-0. Senators in the Commerce, Science, and Transportation Committee postponed a markup of the FAA Reauthorization Act of 2023 (S.1939) after amendments submitted by Sens. John Thune (R-S.D.) and Kyrsten Sinema (I-Ariz.) to ease pilot training derailed progress toward marking up the bill. The Senate will most likely take up their markup once returning from the July 4th recess. Significant points of contention include pilot training and retirement age, slots at Reagan Washington National Airport, eliminating “junk fees,” and passenger protection provisions. Leaders of the House and Senate Committees hope to finish a conference by the September 30, 2023 government funding deadline.
All signs point to a short-term extension for several Farm Bill-related provisions from the 2018 Farm Bill covering numerous food and nutrition policies and programs. Like government funding, the Farm Bill expires on September 30, 2023, creating a critical time crunch for lawmakers, who have yet to release draft text of the legislation. House Agriculture Committee Chair GT Thompson (R-Penn.) aims for an early September markup of the lower chamber’s bill. The move would leave just a few weeks for the Senate to pass and both chambers to conference the bill. Chairwoman of the Senate Agriculture Committee, Senator Debbie Stabenow (D-Mich.) remarked, "It would not surprise me" if Congress passed a short-term extension providing extra time to work on the bill.
Last week, the Senate and House Armed Services Committees completed markups of the National Defense Authorization Act (NDAA) for Fiscal Year 2024. After considering 400 amendments, the Senate Armed Services Committee advanced NDAA legislation on a 24-1 vote, with Sen. Elizabeth Warren (D-Mass.) as the lone “No” vote. The House Armed Services voted the bill favorably out of Committee by a vote of 58-1, with Rep. Ro Khanna (D-Calif) registering a no vote. The House Rules Committee issued an NDAA amendments deadline of Friday, June 30, indicating a vote by the full House during the week of July 10. Both chambers include $886.3 billion for the NDAA bills in FY24, with limited items to conference if the full House and Senate vote to pass the bills.
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Housing Crisis Response Act of 2023
Rep. Maxine Waters (D-CA-43)
Provides more than $150 billion in fair and affordable housing investments. Create nearly 1.4 million affordable and accessible homes, help nearly 300,000 households afford their rent, and address the racial wealth gap.
Rebuild Rural America Act
Rep. Nikki Budzinski (D-IL-13) & Sen. Kirsten Gillibrand (D-NY)
Invests $50 billion in rural economic development, infrastructure, schools, hospitals and small businesses nationwide.
Shovel-Ready Streets Act
Sen. John Fetterman (D-PA)
Amends the Infrastructure Investment and Jobs Act to modify the Safe Streets and Roads for All program funding street safety improvements and make roads safer for pedestrians.
Water for Conservation and Farming Act
Sen. Ron Wyden (D-OR)
Provides for drought preparedness and improved water supply reliability.
Local Infrastructure Funding & Technical Assistance (LIFT) Act
Sen. Ed Markey (D-MA)
Promotes long-term economic recovery and job creation in environmental justice communities by providing for investment in catalytic local predevelopment projects for resilient climate infrastructure innovation, to provide assistance to support State and local project development, and for other purposes.
Agency
Title
Proposed Regulation
Comment Deadline
Council on Environmental Quality
Proposes equitable and just practices to advance safety, health, and prosperity for communities residing near the ocean, the coasts, and the Great Lakes and for the whole country, now and for future generations.
July 24, 2023
FEMA
Community Disaster Resilience Zones and the National Risk Index
FEMA is reviewing the input on implementation of Community Disaster Resilience Zones Act of 2022 for potential improvements to FEMA’s resilience zones.
July 25, 2023
DOT
The Office of the Secretary of Transportation invites public comment regarding how DOT’s work to advance equity has impacted organizations and communities, as well as input on performance metrics, data sets, tools, and research to measure and advance transportation equity.
June 30, 2023
FAA
The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.
July 31, 2023
EPA
The EPA attempts to provide innovative approaches necessary to reduce and recover plastic materials and improve economic, social, and environmental impacts.
July 31, 2023 (Extended from original June 16)
Army Corps of Engineers
Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities
The Corps is requesting proposals for the pilot program for carrying out projects under a continuing authority program for economically disadvantaged communities.
August 21, 2023
Last Week
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A debt deal twist is shifting Congress’ shutdown gameplan
US lawmakers float possible farm bill extension amid delays
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FEDERAL LEGISLATIVE UPDATE
Week of June 19, 2023
CongressionalOutlook
The House and Senate are in session this week before a two-week recess for the July 4th holiday.
The Senate will begin working on the upper chamber’s appropriations process for Fiscal Year (FY) 2024. The process starts with deciding the total funding amounts that each of the 12 subcommittees will receive (known as 302(b) allocations). Following a decision on allocations, many expect the Senate to follow the guidance of the bipartisan debt ceiling deal through the Fiscal Responsibility Act of 2023. The Agriculture, Rural Development, Food and Drug Administration, and Military Construction and Veterans Affairs bills will be marked up first.
The House Appropriations Committee will mark up the Homeland Security and the Legislative Branch Appropriations bills on Wednesday, and the Defense and Energy-Water will receive a full committee markup on Thursday. The Financial Services appropriations subcommittee will mark up its spending bill on Thursday. House Republicans have reduced government funding by $130 billion, with the Financial Services bill receiving a 59 percent decrease for FY 2024. Notably, the House set its appropriations levels below the agreed-upon debt limit deal; this discrepancy will remain a sticking point for Congress as it could head toward a potential government shutdown if negotiations stall before the September 30 deadline.
Also, this week, the Senate will vote on several judicial nominations, including Natasha Merle as United States District Judge for the Eastern District of New York and Julie Rikelmanas United States Circuit Judge for the First Circuit.
This Farm Bill will take the stage as another key issue for Congress to address. Of note, House Agriculture Committee staff have begun writing the 2023 Farm Bill, with negotiations around the text expected to begin in earnest following the July 4th recess. The House version of the legislation will most likely be marked up in early September (the week of September 11 at the earliest), leaving minimal time to reconcile the bill with the Senate before the September 30 deadline for many farm bill authorizations. Congress has the option to apply short-term extensions to some of those expiring provisions. Additionally, the House and Senate Armed Services Committees will begin full committee markups of the National Defense Authorization Act on Wednesday.
For the remainder of the week, the House will hold several hearings, including an Oversight and Accountability Committee hearing on the “Clearing the Air: Examining the Environmental Protection Agency’s Proposed Emissions Standards” and an Agriculture Committee hearing on “Stakeholder Perspectives on USDA’s Rural Development Programs.” In the Senate, the Environment and Public Works Committee will hold a hearing on “Reauthorization of the Economic Development Administration: State and Local Perspectives.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Public Health Infrastructure Saves Lives Act
Sen. Patty Murray (D-WA)
Establishes $4.5 billion in dedicated, annual funding for a grant program to build up and maintain the nation’s public health system across the board.
Volunteer First Responder Housing Act
Sen. Tammy Baldwin (D-WI)
Expands eligibility for certain housing programs for qualified volunteer first responders.
Legislation to Improve Access to Clean Buses for Rural Communities
Sen. Ben Ray Lujan (D-NM)
Expands rural communities’ access to clean school buses by supporting the installation of the infrastructure needed to support rural schools’ clean bus fleets.
Comprehensive Addiction Recovery through Effective Employment and Reentry (CAREER) Act of 2023
Rep. Andy Barr (R-KY-6) & Sen. Mitch McConnell (R-KY)
Reauthorizes and makes improvements to much-needed federal programs for individuals in states most devastated by substance abuse.
Communities of Recovery Act
Rep. Brittany Pettersen (D-CO-7)
Increases the prevalence and quality of long-term recovery support for individuals with substance use disorders and associated mental health disorders.
Agency
Title
Proposed Regulation
Comment Deadline
FAA
The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.
July 31, 2023
Council on Environmental Quality
Proposes equitable and just practices to advance safety, health, and prosperity for communities residing near the ocean, the coasts, and the Great Lakes and for the whole country, now and for future generations.
July 24, 2023
EPA
Develops an interactive map of recycling markets visually presenting data estimates.
June 26, 2023
FEMA
Community Disaster Resilience Zones and the National Risk Index
FEMA is reviewing the input on implementation of Community Disaster Resilience Zones Act of 2022 for potential improvements to FEMA’s resilience zones.
July 25, 2023
DOT
The Office of the Secretary of Transportation invites public comment regarding how DOT’s work to advance equity has impacted organizations and communities, as well as input on performance metrics, data sets, tools, and research to measure and advance transportation equity.
June 30, 2023
EPA
Preventing Plastic Pollution
The EPA attempts to provide innovative approaches necessary to reduce and recover plastic materials and improve economic, social, and environmental impacts.
July 31, 2023 (Extended from original June 16)
Last Week
Far-right Republicans threaten to derail another House priority
Battle over parties’ share of earmarks erupts in House panel
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FEDERAL LEGISLATIVE UPDATE
Week of June 5, 2023
CongressionalOutlook
The House and Senate are in session this week. The House will consider seven bills under suspension of the rules, including the Senior Security Act of 2023 (H.R. 2593), which establishes a Senior Investor Taskforce within the Securities and Exchange Commission to examine challenges encountered by investors older than 65. The House will vote on four additional bills: the Gas Stove Protection and Freedom Act (H.R. 1615), which bars the Consumer Product Safety Commission from using federal funds to ban gas stoves as a hazardous product; the Save Our Gas Stoves Act (H.R. 1640), which prevents the Energy Department from finalizing its proposed rule expanding energy efficiency regulations on gas stoves; the Separation of Powers Restoration Act of 2023 (H.R. 288), which directs federal courts to conduct their own interpretation of laws when reviewing administrative actions without deferring to the federal agencies’ legal conclusions; and the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2023 (H.R. 277), which requires that “major rules” — including those that cause a major increase in prices or have an annual effect on the economy that is equal to $100 million or more — are approved by Congress before they can take effect.
The Senate will vote on several executive and judicial nominations, including: David Crane to be Under Secretary for Infrastructure at the Department of Energy; Dale Ho to be a U.S. District Judge for the Southern District of New York; and Dilawar Syed to be Deputy Administrator of the Small Business Administration. During remarks on the Senate floor May 30, Senate Majority Leader Chuck Schumer (D-N.Y.) previewed legislation that the upper chamber may consider later in June: “During the work period, I look forward to working with colleagues on both sides to begin the process of advancing bipartisan legislation to: 1) outcompete the Chinese government, 2) prepare for a future defined by Artificial Intelligence, 3) to lower the costs of prescription drugs including insulin, 4) to strengthen rail safety regulations, and 5) to build on our work for the past two years to make the U.S. more competitive and more prosperous in the 21st century.”
Now that the Fiscal Responsibility Act of 2023 (H.R. 3746) has been enacted into law, which suspends the federal debt limit through January 1, 2025 and sets topline discretionary spending caps for Fiscal Year (FY) 2024, House and Senate appropriators can move forward on holding markups for each of the 12 annual spending bills. Senate appropriators aim to start markups this month, according to Senate Appropriations Committee Chair Patty Murray (D-Wash.), while the House Appropriations Committee will likely hold FY24 spending bill markups during the weeks of June 12 and/or June 19. The Committees should release their lists of approved FY24 earmark (i.e., Community Project Funding & Congressionally Directed Spending) requests submitted by members of Congress in early Spring at the time each full committee markup is held.
For the remainder of the week, the Senate will hold several hearings, including an Environment and Public Works Committee hearing on “Ecosystem Restoration Projects of the US Army Corps of Engineers”; a Senate Agriculture Subcommittee hearing on “Horticulture Title: How the Farm Bill Works for Specialty Crop Producers”; a Budget Committee hearing on “Cultivating Stewardship: Examining the Changing Agricultural Landscape"; and an Energy and Natural Resources Committee hearing to “Examine the Federal Response to Escalating Wildfires and to Evaluate Reforms to Land Management and Wildland Firefighter Recruitment and Retention.” A House Energy and Commerce Subcommittee will hold a hearing on “Clean Power Plan 2.0: EPA’s Latest Attack on Electric Reliability.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Environmental Justice in Recreation Permitting Act
Rep. Rashida Tlaib (D-Mich.)
Makes the recreation permitting system more accessible, less burdensome, and will ensure that outdoor recreation groups and businesses serving environmental justice communities can more readily enjoy federal lands and waters.
Ensuring Quality Access to Legal (EQUAL) Defense Act of 2023
Rep. Suzanne Bonamici (D-Ore.)
Increases access to quality counsel by providing public defense grants to local governments, establishes workload limits, phases in pay parity between public defenders and prosecutors within five years, and more.
Barriers to Suicide Act
Rep. Don Beyer (D-Va.)
Establishes a competitive grant program for states and localities to apply for federal funding to install nets and barriers on bridges.
Western Wildfire Support Act of 2023
Sen. Catherine Cortez Masto (D-Nev.)
Funds state-of-the-art firefighting equipment, creates new training programs, and supports recovery efforts for communities impacted by wild and rangeland fires.
Agency
Title
Proposed Regulation
Comment Deadline
FAA
The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.
July 31, 2023
EPA
Reduces plastic waste and other post-consumer materials in waterways and oceans, as directed by Congress in section 301 of the Save Our Seas 2.0 Act.
June 16, 2023
EPA
Develops an interactive map of recycling markets visually presenting data estimates.
June 26, 2023
FEMA
Community Disaster Resilience Zones and the National Risk Index
FEMA is reviewing the input on implementation of Community Disaster Resilience Zones Act of 2022 for potential improvements to FEMA’s resilience zones.
July 25, 2023
DOT
The Office of the Secretary of Transportation invites public comment regarding how DOT’s work to advance equity has impacted organizations and communities, as well as input on performance metrics, data sets, tools, and research to measure and advance transportation equity.
June 30, 2023
Last Week
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Cities’ Ability to Prioritize Infrastructure Investments Constrained by Local Capacity READ MORE
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FEDERAL LEGISLATIVE UPDATE
Week of May 30, 2023
NSDC Submits Comment on Proposed PFAS Primary Drinking Water Regulation
The National Special Districts Coalition commented on the Environmental Protection Agency’s proposed National Primary Drinking Water Regulation (NPDWR) for six common PFAS, citing concerns for water and wastewater districts.
Of note, NSDC expressed concern on the ability for special districts providing water and wastewater services to reasonably achieve the maximum contaminant levels of 4 parts per trillion on perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). EPA’s proposed goal is zero. NSDC also requests any final regulation offer realistic timelines for compliance, and also recommends EPA to enhance collaborative approaches to stakeholder engagement as any final rule is implemented.
Read the Comment
CongressionalOutlook
The Senate is in session this week. The House scrapped part of its recess plans and will be in session to vote on the Fiscal Responsibility Act (FRA) of 2023 on Wednesday. Today, the House Rules Committee has begun its proceedings to pass a rule for the negotiated deal to raise the federal debt limit, a first step necessary to get the bill to the House floor for consideration. On Friday, Treasury Secretary Janet Yellen identified Sunday, June 5 as the date the federal government will run out of borrowing authority.
On Saturday, after months of political posturing, President Joe Biden and Speaker Kevin McCarthy (R-Calif) announced that they had agreed to negotiated terms lifting the $31.4 trillion debt limit for two years through January 1, 2025, including spending caps for Fiscal Years (FY) 2024 and 2025. Both President Biden and Speaker McCarthy expect the deal to avert a US government default to pass.
The highlights from the 99 pages of legislative text for the Fiscal Responsibility Act (FRA) of 2023 (H.R. 3746), which the Congressional Budget Office gave a preliminary score of $2.1 trillion in savings over the six-year lifetime of the agreement, includes the following:
- $1.59 trillion discretionary spending limit cap for FY 2024, a decrease from $1.7 trillion in FY 2023;
- $886 billion for defense spending;
- $637 billion for non-defense programs;
- $121 billion for veteran’s medical care;
- Leaves all Bipartisan Infrastructure Law and Inflation Reduction Act provisions in place;
- Rescinds $28 billion in unspent COVID funding;
- Redirects $20 billion from the IRS to other agencies;
- Raises the age from 49 to 54 for work requirements those receiving food stamps;
- Includes provisions to expedite energy infrastructure projects by altering NEPA processes.
A successful vote in the House Rules Committee today will set up a Wednesday evening vote in the House. Several House Republicans have already expressed their opposition to the bill. The Republican Conference will hold a meeting tonight to discuss the bill. The vote in the Senate will more than likely stretch into the weekend with news that Senator Mike Lee (R-Utah) is considering an attempt to slow passage of the bill down due to discomfort with some aspects with the bill. Additionally, Senate Majority Leader Chuck Schumer (D-N.Y.), in an effort to satisfy concerns from fellow Senate Democrats, may have to allow an amendment process.
In the House, lawmakers will also vote on six measures under suspension of the rules, including the Small Entity Update Act(H.R. 2792), which would require the U.S. Securities and Exchange Commission (SEC) to study its current definition of “small entity” under the Regulatory Flexibility Act (RFA) and revise its rules based on the results of the study. The Senate will consider Darrel James Papillion’s nomination to be a U.S. District Judge for the Eastern District of Louisiana.
For the remainder of the week, in addition to the vote on the Fiscal Responsibility Act the Senate will hold several hearings, including an Environment and Public Works Committee hearingon “Water Affordability and Small System Assistance.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Yes In My Backyard (YIMBY) Act
Rep. Derek Kilmer (D-WA-6) & Sen. Todd Young (R-IN)
Reduces barriers to increasing home construction, including outdated zoning, slow permitting, and discriminatory land use policies
Western Water Accelerated Revenue Repayment Act
Lauren Boebert (R-CO-3)
Permanently authorize a provision that allows agriculture and municipal water users to prepay what they owe to the federal government
Restore the Partnership Act
Gerry Connolly (D-Va.-11)
Restores the balance of federalism and strengthen the intergovernmental partnership by establishing a “Commission on Intergovernmental Relations of the United States” (the Commission) at the federal level.
Biden Time Act of 2023
Andy Biggs (R-AZ-5)
Rescinds unspent COVID relief funding from the American Rescue Plan of 2021 as well as unspent IRS funding from the Inflation Reduction Act of 2022.
Agency
Title
Proposed Regulation
Comment Deadline
FAA
The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.
July 31, 2023
EPA
Reduces plastic waste and other post-consumer materials in waterways and oceans, as directed by Congress in section 301 of the Save Our Seas 2.0 Act.
June 16, 2023
EPA
Develops an interactive map of recycling markets visually presenting data estimates.
June 26, 2023
FEMA
Community Disaster Resilience Zones and the National Risk Index
FEMA is reviewing the input on implementation of Community Disaster Resilience Zones Act of 2022 for potential improvements to FEMA’s resilience zones.
July 25, 2023
Last Week
Negotiators reach debt limit agreement in principle READ MORE
What's in the debt ceiling deal struck by Biden and McCarthy? READ MORE
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FEDERAL LEGISLATIVE UPDATE
Week of May 22, 2023
CongressionalOutlook
The House is in session this week, while the Senate is out until May 30th. The full House Appropriations Committee will hold several markups for Fiscal Year 2024 spending bills. Congressional negotiators hope to strike a deal with President Joe Biden before June 1, which, according to Treasury Secretary Janet Yellen, is still the earliest date that the U.S. could potentially default. One or both chambers may return during the Memorial Day weekend if progress is made.
President Biden and Speaker of the House Kevin McCarthy (R-Calif.) will meet today at 5:30pm EST to discuss progress on the budget deal. Leaders from both sides have hand-picked proxies to move the negotiation process along. Parties limited the room of negotiators to Reps. Garret Graves (R-La.) and Patrick McHenry (R-N.C.) for Republicans and Office of Management and Budget Director Shalanda Young and Steve Ricchetti, Counselor to the President, for the Democrats. The sticking points remain the same for the $31.4 trillion debt limit issue; overall budget caps for future fiscal years, permitting reform for energy projects, the rescission of unspent Covid-19 relief funding, and work requirements for social programs. Today, Speaker McCarthy said a deal must occur this week to leave enough time to avoid a default, while calling the early morning discussions today productive.
The House Appropriations Committee will hold four markups of FY 2024 spending bills including Military Construction-Veterans’ Affairs; Legislative Branch; Homeland Security; and Agriculture-Rural Development-Food and Drug Administration. Following the markups, the House will vote on the first four of twelve appropriations bills, likely by mid-June. Of note, Democrats and Republicans have yet to agree on top line spending numbers for FY24 and many expect Democrats to slow the process through amendments opposing numerous spending cuts.
The House will vote on a Senate-passed Congressional Review Act (CRA) disapproval resolution (S.J. Res. 11) nullifying a January 2023 EPA rule that established new emission standards for heavy-duty engines and vehicles; a CRA disapproval resolution (H.J. Res. 45) nullifying the Education Department’s student debt relief plan; and the Halt All Lethal Trafficking (HALT) Fentanyl Act (H.R. 467), which permanently classifies fentanyl-related substances as Schedule I drugs under the Controlled Substances Act. The House may also vote on whether to override President Biden’s veto of a CRA disapproval resolution (H.J. Res. 39) passed by Congress several weeks ago, which would repeal a two-year suspension of tariffs on solar panels from Southeast Asia.
For the remainder of the week, the House will hold several hearings, including an Energy and Commerce Communications and Technology Subcommittee hearing on “Oversight and Reauthorization of the National Telecommunications and Information Administration;”
and a Natural Resources Water, Wildlife, and Fisheries Subcommittee hearing on the “Fiscal 2024 budget proposal for the U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Administration, and the Power Marketing Administrations.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Invest to Protect Act of 2023
Rep. Josh Gottheimer (D-N.J) & Sen. Catherine Cortez Masto (D-NV)
Establishes a grant program to provide assistance to local law enforcement agencies, and for other purposes.
Recruit and Retain Act
Rep. Wesley Hunt (R-TX) & Sen. Deb Fischer (R-NE)
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize law enforcement agencies to use COPS grants for recruitment activities, and for other purposes.
National Infrastructure Investment Corporation (NIIC) Act
Rep. Salud Carbajal (D-CA)
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize law enforcement agencies to use COPS grants for recruitment activities, and for other purposes.
American Infrastructure Bonds Act of 2023
Sen. Roger Wicker (R-MS)
Reforms permitting and environmental review processes expediting the federal permitting process for important energy, infrastructure and transportation projects.
Enhancing COPS Hiring Program Grants for Local Law Enforcement Act
Rep. Greg Landsman (D-OH)
Expands the COPS Hiring Program to allow local law enforcement agencies to utilize program grants for recruitment and retention bonuses. The legislation would also modify the program to allow grant applications to be valid for five years, instead of the current one year, to reduce the costs and administrative burdens faced by law enforcement agencies through the annual application process.
Agency
Title
Proposed Regulation
Comment Deadline
FAA
The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.
July 31, 2023
EPA
Reduces plastic waste and other post-consumer materials in waterways and oceans, as directed by Congress in section 301 of the Save Our Seas 2.0 Act.
June 16, 2023
EPA
Develops an interactive map of recycling markets visually presenting data estimates.
June 26, 2023
Last Week
Biden and McCarthy to meet on Monday to negotiate directly on debt ceiling READ MORE
These are the biggest sticking points in the debt ceiling fightREAD MORE
McCarthy’s PR strategy on debt ceiling gets results READ MORE
GOP hits ‘pause’ on debt talks as clock ticks READ MORE
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FEDERAL LEGISLATIVE UPDATE
Week of May 15, 2023
CongressionalOutlook
Congress will continue working to address the $31.4 trillion debt limit with time winding down to take action to avoid default.
President Joe Biden and the Big Four (Senate Minority Leader Mitch McConnell (R-Ky.), House Speaker Kevin McCarthy (R-Calif.), Senate Majority Leader Chuck Schumer (D-N.Y.), and House Minority Leader Hakeem Jeffries (D-N.Y.)) will meet on Tuesday at the White House to continue working on addressing the debt limit. Following last week’s meeting yielding little results, lead negotiators President Biden and Speaker McCarthy released statements attempting to harden their positions on a potential debt limit solution. Aides from all parties have continued negotiations, including this morning, after postponing a Friday meeting. Treasury Secretary Janet Yellen said the default on the federal debt could occur as early as June 1. The Congressional Budget Office shared Friday that the U.S. is at risk for default “at some point in the first two weeks of June.” The current discussions center around the following issues:
- Budget Caps – Republicans are eyeing budget caps across ten years, while Democrats favor two years.
- COVID-19 Funding – A central talking point for Republicans, who believe there are $60 billion in unspent funds that they are aiming to rescind. Some speculate that Democrats are willing to provide concessions around some of the funding.
- Permitting Reform – An item wanted by both parties for different reasons would streamline the federal permitting process and editing regulations. Democrats want edits to wind, solar, and renewable energy projects, while Republicans want to build out oil and gas pipelines. There is common ground for reducing timetables for large infrastructure projects.
- Work Requirements – President Biden wants to see what Speaker McCarthy and Republicans will propose but is potentially open to additional work requirements for some federal aid programs.
The House Appropriations Committee will begin marking up the Committee’s twelve spending bills for Fiscal Year 2024. The bills receiving a markup this week include the Military Construction – Veterans Affairs, Legislative Branch, Agriculture, and Homeland Security spending bills. Appropriators officially added Military Construction-VA to the Committee’s website for a Wednesday morning markup. House Republicans will start with the Military Construction-VA bill after receiving criticism that returning VA spending to FY 2022 levels (a desire of House Republicans) would negatively impact veterans. Missing from the process is an agreement on FY 24 spending levels. Many believe House Appropriations subcommittee chairs are writing their bills with the FY 2022 topline number of $1.47 trillion. Additionally, the Senate will consider the nomination of Bradley Garcia to be a U.S. Circuit Court of Appeals judge for the District of Columbia Circuit.
The House will consider the Protect Our Law enforcement with Immigration Control and Enforcement (POLICE) Act of 2023(H.R. 2494), which allows immigrants who are not US citizens to be deported if they have been convicted of assault, or admit to committing assault, against a law enforcement officer; the Federal Law Enforcement Officer Service Weapon Purchase Act (H.R. 3091), which requires the General Services Administration to create a program, within one year of enactment, to facilitate the purchase of retired handguns by federal law enforcement officers from the agencies that issued them; and a resolution (H. Con. Res. 40) which expresses Congress’s support for local law enforcement officers and condemns calls to defund or dismantle the police.
For the remainder of the week, the House will hold several hearings, a House Transportation and Infrastructure Committee: a hearing titled “The Next Fifty Years of the Clean Water Act: Examining the Law and Infrastructure Project Completion;” a Agriculture hearing titled “To Review the National Forest System: Supporting Forest Health and Confronting the Wildfire Crisis.” The Senate will also hold various hearings, including a Finance Committee hearing on “Tax Incentives in the Inflation Reduction Act: Jobs and Investment in Energy Communities;” and an Environment and Public Works Committee hearing on “Perspectives on New and Existing US Army Corps of Engineers Authorities to Respond to Water Management Issues Including Drought and Water Conservation.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Rural Housing Service Reform Act of 2023
Sen. Tina Smith (D-MN)
Improves and build upon a number of U.S. Department of Agriculture (USDA) rural housing programs.
Building American Energy Security Act of 2023
Sen. Joe Manchin (D-WV)
Sets maximum timelines for permitting reviews, including two years for NEPA reviews for major projects and one year for lower-impact projects. Addresses excessive litigation delays.
Project Safe Neighborhoods Grant Program Authorization Act
Sen. John Cornyn (R-TX)
Reauthorizes a nationwide law enforcement program that uses evidence-based and data-driven approaches to reduce violent crime.
Revitalizing the Economy by Simplifying Timelines and Assuring Regulatory Transparency (RESTART) Act
Sen. Shelly Moore Capito (R-WV)
Reforms permitting and environmental review processes expediting the federal permitting process for important energy, infrastructure and transportation projects.
Grandfamily Housing Act
Sen. Bob Casey (D-PA)
Funds retrofitting, upkeep of intergenerational housing to reflect needs of grandparents and relatives raising grandchildren.
Agency
Title
Proposed Regulation
Comment Deadline
FAA
The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.
July 31, 2023
EPA
Reduces plastic waste and other post-consumer materials in waterways and oceans, as directed by Congress in section 301 of the Save Our Seas 2.0 Act.
June 16, 2023
EPA
Develops an interactive map of recycling markets visually presenting data estimates.
June 26, 2023
Last Week
Biden, McCarthy to meet again as debt limit deal remains at stalemate READ MORE
Congressional Budget Office Provides Timeline for “X” Date on U.S. Debt Limit READ MORE
Debt-Limit Talks Are Far from Over, McCarthy Says Ahead of Biden Meeting READ MORE
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FEDERAL LEGISLATIVE UPDATE
Week of May 8, 2023
CongressionalOutlook
This week, both chambers return to session. Lawmakers will focus on addressing the $31.4 trillion debt limit as time is quickly running out for Congress to take action prior to a default from occurring.
All eyes shift to the upcoming Tuesday afternoon debt limit meeting between President Joe Biden and congressional leaders. Senate Minority Leader Mitch McConnell (R-Ky.) and House Speaker Kevin McCarthy (R-Calif.) will attend the meeting at the White House, along with Senate Majority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Hakeem Jeffries (D-N.Y.) The meeting follows Treasury Secretary Janet Yellen’s announcement last week that the Treasury Department “will be unable to continue to satisfy all of the government’s obligations by early June, and potentially as early as June 1.” The Tuesday meeting between President Biden and the top four congressional leaders will be the first such meeting since the new 118thCongress began on January 3. President Biden and Democrats have insisted they will not budge on passing a “clean” debt limit increase without concessions or policy conditions pitched by the Speaker and House Republicans. Today, Minority Leader McConnell shared a hands-off approach to the dialogue stating that the Speaker and President “need to sit down now and settle it.” McConnell is known for his ability to make deals in moments where the outcome seems bleak but has maintained that he will continue to support Speaker McCarthy’s position.
When asked if he would consider invoking the 14th Amendmentto the U.S. Constitution – which states that “The validity of the public debt of the United States […] shall not be questioned” – President Biden said, “I’ve not gotten there yet.” Many are also considering the option of a short-term debt limit increase to allow for additional negotiating time on a long-term solution. 43 Republican Senators shared a letter over the weekend to Majority Leader Schumer in opposition to raising the debt ceiling without substantive spending and budget reforms. The letter states that the country’s economy is in “free fall” and calls on Democrats to negotiate.
The House Appropriations Committee will begin holding subcommittee markups during the week of May 15. Five subcommittees will start with the first grouping of five bills for Fiscal Year 2024 on May 17 and 18, including the Defense, Energy-Water Development, Homeland Security, Legislative Branch, and Military Construction-VA bills. Just as the markup dates are unconfirmed, rumors exist that the House Appropriations subcommittee chairs are writing their bills with the FY 2022 topline number of $1.47 trillion. The full committee will markup these bills during May 23-25. On Friday, Senate Appropriations Committee Vice Chair Susan Collins (R-Maine) said that she sees a topline deal occurring once there is a resolution to the debt limit issue. A staffer for Senate Appropriations Chair Patty Murray (D-Wash.) said that markups could begin as early as May 18. Senate Majority Leader Schumer will meet with the Senate Democratic Caucus on Thursday to discuss gun violence, following several mass shootings around the country. The potential of passing any gun legislation through this Congress is fairly low, however, Democratic lawmakers are going to discuss options.
On Thursday, the House will vote on several bills, including the Secure the Border Act of 2023 (H.R. 2), codifies a program requiring migrants seeking asylum to stay in Mexico until their U.S. immigration court date. President Biden has already vowedto veto the House proposed border security legislation. The Trump Administration’s use of Title 42, a pandemic-era border restriction allowing the government the ability to turn away certain migrants at the border, is set to expire this week. In the upper chamber, the Senate will vote on L. Felice Gorordo's nomination as the United States Alternate Executive Director of the International Bank for Reconstruction and Development and Glenna Wright-Gallo to be Assistant Secretary for Special Education and Rehabilitative Services at the Department of Education.
For the remainder of the week, the House will hold several hearings, including two subcommittee hearings from the Science, Space, and Technology Committee: a hearing titled “Return on Unprecedented Investment: An Analysis of the Department of Energy’s Implementation of the IIJA, the IRA, and the CHIPS and Science Act;” and a hearing titled “Reauthorizing the U.S. Fire Administration and Fire Grant Programs: Evaluating Effectiveness and Preparedness for Modern Challenges.” The Senate will also hold various hearings, including an Energy and Natural Resources Committee hearing on “Examine Opportunities for Congress to Reform the Permitting Process for Energy and Mineral Projects.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Resilient Airports Act
Rep. Derek Kilmer (D-WA-6)
Improves emergency and disaster response capabilities at airports nationwide, including those located in rural communities.
Secure the Border Act of 2023
Rep. Mario Diaz-Balart (R-FL-26)
A border security and immigration reform bill to address the ongoing crisis at our southern border and its implications.
Water Systems PFAS Liability Protection Act
Sen. Cynthia Lummis (R-WY)
Exempts certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes.
Repeatedly Flooded Communities Preparation Act
Sen. Tim Scott (R-SC)
Amends the National Flood Insurance Act of 1968 to ensure community accountability for areas repeatedly damaged by floods, and for other purposes
Investing in Our Communities Act
Sen. Roger Wicker (R-MS) & Rep. David Kustoff (R-TN-8)
Amends the Internal Revenue Code of 1986 to reinstate advance refunding bonds. This bill reinstates the exclusion from gross income for interest on certain bonds issued to advance the refunding of a prior bond issue.
Transit to Trails Act
Sen. Cory Booker (D-NJ) & Rep. Jimmy Gomez (D-CA-34)
Establishes a program to award grants to entities that provide transportation connectors from critically underserved communities to green spaces, and for other purposes.
Agency
Title
Proposed Regulation
Comment Deadline
FAA
The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.
July 31, 2023
EPA
Reduces plastic waste and other post-consumer materials in waterways and oceans, as directed by Congress in section 301 of the Save Our Seas 2.0 Act.
June 16, 2023
Last Week
Biden invites congressional leaders – including McCarthy – to meet May 9 on debt limit READ MORE
Jeffries won’t rule out short-term debt limit hike to avoid default READ MORE
Sen. Lee Leads 43 GOP Senators in Opposition to Raising Debt Limit Without Substantive Spending and Budget Reforms READ MORE
House to vote on GOP migration plan as border restrictions end READ MORE
Ben Cardin not running for reelection, opening blue-state Senate seat READ MORE
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FEDERAL LEGISLATIVE UPDATE
Week of May 1, 2023
CongressionalOutlook
The Senate is in session this week, with the House returning next week. Today, Treasury Secretary Janet Yellen announced the U.S. must raise the debt limit by June 1 to avoid a default.
In a Dear Colleague letter, Senate Majority Leader Chuck Schumer (D-N.Y.) told Senators that various committees would hold hearings on the House Republican-passed legislation on the debt limit. The hearings will start this week with a Budget Committee hearing titled “The Default on America Act: Blackmail, Brinkmanship, and Billionaire Backroom Deals.” Senate Democrats will use the hearings to message against the proposed cuts in the Republican proposal. One central sticking point in the upper chamber is a food aid concession passed in the House proposal. Many vulnerable and swing state Senate Democrats facing re-election in 2024 are considering support of increased work requirements for federal food assistance. Additionally, the Senate will vote on Anthony Devos Johnstone’s nomination to be a U.S. Circuit Judge for the Ninth Circuit.
On Wednesday, the House passed the Limit, Save, Grow Act of 2023 (H.R. 2811) on a vote of 217-215 with four Republicans, Tim Burchett (R-Tenn), Matt Gaetz (R-Fla.), Ken Buck (R-Colo.), and Andy Biggs (R-Ariz.) voting against. The vote to pass H.R. 2811 provides Speaker Kevin McCarthy (R-Calif.) with one of his first major legislative wins as leader of the House. Speaker McCarthy has gained leverage on resolving the debt limit, leading to a showdown with President Biden. Following the Treasury letter citing a June 1 expiration of the ability for the U.S. to pay all of its outstanding obligations, negotiations between parties should escalate in order to resolve the debt limit.
In a letter sent to Members, House Appropriations Chair Kay Granger (R-Texas) announced that the House Appropriations Committees would aim to markup their annual government funding bills between May 17 and June 15. The House Appropriations Committee also published all earmark requestsfor Fiscal Year 2024.
For the remainder of the week, the Senate will hold several hearings, including a Banking, Housing, and Urban Affairs Committee hearing on “Reauthorization of the National Flood Insurance Program: Improving Community Resilience;” a Homeland Security and Governmental Affairs hearing on “Improving Access to Federal Grants for Underserved Communities.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Rebuilding Rural Roads Act
Rep. Brad Finstad (R-Minn.-1)
Changes the definition of “rural” under the Rural Surface Transportation Grant Program, giving rural communities greater opportunity to secure infrastructure investments.
Returning Home Act
Rep. Nanette Barragán (D-Calif.-44)
Provides resources to communities to secure housing for individuals returning from incarceration.
Neighborhood Tree Act of 2023
Sen. Sherrod Brown (D-Ohio)
Provides urban communities with more resources to plant more trees, with a focus on underserved neighborhoods, and fighting racial disparities in the urban tree canopy.
The Excess Urban Heat Mitigation Act of 2023
Rep. Ruben Gallego (D-Ariz.-3) & Sen. Sherrod Brown (D-Ohio)
Creates a competitive grant program through the U.S. Department of Housing and Urban Development (HUD) to provide funding to combat the causes and effects of excess urban heat and heat islands.
STOP Violence Act
Rep. Joe Neguse (D-Colo.-2)
Allows local governments to use grant funding to provide compensation, training, and technical assistance for public facilities that wish to implement security measures against mass shooters.
Water Infrastructure Sustainability and Efficiency (WISE) Act
Rep. Nikema Williams (D-Ga.-05)
Permanently sets aside 20 percent of the Clean Water State Revolving Fund for environmentally friendly water infrastructure projects.
Last Week
Yellen says drop-dead date for debt ceiling is June 1 READ MORE
House Passes $1.5 Trillion Debt Limit Increase, Spending Cuts READ MORE
House Publishes Fiscal Year 2024 Submitted Community Project Funding Requests READ MORE
Senate Dems plan hearings to pick apart GOP debt deal READ MORE
Cardin Not Running for Reelection, Opening Blue-State Senate Seat READ MORE
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FEDERAL LEGISLATIVE UPDATE
Week of April 10, 2023
CongressionalOutlook
Both chambers are in recess until lawmakers return on April 17.
The most important legislative items for Congress to address are the debt limit, the farm bill reauthorization, and the Federal Aviation Administration (FAA) reauthorization.
Debt limit discussions could serve as the first major legislative item to receive consideration on Capitol Hill. Regarding the farm bill and FAA reauthorizations, both issues have received significant Congressional attention. Committees of jurisdiction have held multiple hearings on the reauthorizations with significant implications for local governments. Currently, lawmakers are drafting bills for both reauthorizations, and many expect the text from the committees in the upcoming months. Major provisions of the reauthorizations will expire on September 30, 2023.
In the background of the reauthorization, the Senate has yet to approve a leader of the administration after President Biden’s first choice Phil Washington, CEO of the Denver International Airport, withdrew his name for consideration after strong opposition from Republicans and non-commitments from several Democrats. The White House expects to nominate someone within the next few weeks, starting a nomination process that will take months. That person will be responsible for overseeing any legislation passed regarding an FAA reauthorization.
Congress voted to end the COVID-19 National Emergency on March 29. The effective date for the termination of the National Emergency is today. The vote carries implications for funding for many local governments through the State and Local Fiscal Recovery Funds (SLFRF). Today, the Department of Treasury released FAQ #4.11, outlining how the end of the national emergency affects SLFRF funds. Here are updates provided by Treasury:
- Premium Pay: Generally speaking, recipients will be able to continue to make investments using SLFRF funds except for projects in the premium pay category. With the end of the COVID-19 National Emergency, essential workers are no longer eligible to receive premium pay following the April 10 effective date.
- Public Health and Negative Economic Impacts: Recipients may continue to support and expand the workforce, including by helping impacted workers enter in-demand careers, such as in health care and childcare. Recipients may also use SLFRF funds to build public sector capacity, including hiring public sector workers and providing retention incentives.
- Revenue Loss: The calculation of the revenue loss formula will not change by the end of the National Emergency. How recipients claim up to $10 million in loss is not affected.
- Water/Sewer/Broadband: This category is not impacted by the end of the National Emergency.
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
New Markets Tax Credit Extension (NMTC) Act of 2023
Rep. Tenney
Makes the NMTC permanent, index the allocation to inflation in future years, and exempt NMTC investments from the Alternative Minimum Tax.
Food and Farm Act
Rep. Blumenauer
Reforms the safety net for farmers and ranchers, enhance soil, water, and habitat conservation, encourage beginning farmers and ranchers, strengthen nutrition for Americans, support agriculture research and innovation, reduce food waste, improve animal welfare, and invest in regional food systems, and for other purposes.
Agency
Title
Proposed Regulation
Comment Deadline
EPA
PFAS Drinking Water Rule Proposal
Establishes both enforceable Maximum Contaminant Levels (MCLs) and non-enforceable Maximum Contaminant Level Goals (MCLGs) for the six types of PFAS.
Tuesday, May 30th Comment here
HUD
The Federal Flood Risk Management Standard (FFRMS)
Provides a process for determining the FFRMS Floodplain that would establish a preference for the climate-informed science approach (CISA), and it would revise HUD's floodplain and wetland regulations to streamline them, improve overall clarity, and modernize standards.
Tuesday, May 23rd
Comment here
DOE
Adoption of Building Energy Codes
Comment for the development, adoption, and implementation of the latest model building energy codes and zero building energy codes for residential and commercial, new and existing buildings
Wednesday, April 26th
Comment here
Last Week
Biden administration rolls out plans to help legacy energy communities READ MORE
The FAA's top spot sits vacant as air travel faces a summer surge READ MORE
Treasury publishes Final Rule following end of COVID-19 National Emergency READ MORE
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FEDERAL LEGISLATIVE UPDATE
Week of April 3, 2023
CongressionalOutlook
Both chambers are in recess until lawmakers return on April 17, with most of the legislative priorities left to address.
When the Senate returns, the upper chamber will vote on the Fire Grants and Safety Act (S. 870), which would amend the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for the United States Fire Administration (USFA) and firefighter assistance grant programs. Additionally, the legislation would provide $20 million extra to the USFA to distribute firefighter assistance grants to local departments through the fiscal year 2030. The bill has significant bipartisan support, but Senate Homeland Security and Governmental Affairs Committee Ranking Member Rand Paul (R-Ky.) forced additional consideration calling for a more robust amendment process. Senate Majority Leader Chuck Schumer (D-N.Y.) filed cloture on the bill last week.
After months of limited progress, lawmakers will return to Washington with a focus on addressing the debt ceiling. Following exchanges in the press by President Biden and Speaker of the House Kevin McCarthy (R-Calif.), including a letter by the Speaker, a group of centrist Democrats and Republicans are working behind the scenes to create a potential backup plan for the $31.4 trillion debt limit. The summer deadline has spurred some lawmakers into action, while the Biden administration has avoided conversations that include compromises or spending cuts. After McCarthy called for a meeting, the president responded by saying he would not meet until House Republicans released a budget plan of their own. We expect the negotiations to begin in earnest when the two-week recess concludes. Many compare the issue to 2011 when Congress and President Obama negotiated the Budget Control Act.
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Recovering America’s Wildlife Act
Sens. Heinrich and Tillis
Provides more than $1.4 billion a year for wildlife conservation and endangered species restoration.
Investing in Our Communities Act
Reps. Kustoff and Ruppersberger
Restores tax-exempt advance refunding for municipal bonds so state and local governments can more efficiently invest in projects throughout their communities
Facilitating Investments Required for Emergency Services to All Towns in Our Nation (FIRE STATION) Act
Rep. Pascrell, Sen. Van Hollen
Provides grants for fire station construction through the Administrator of the Federal Emergency Management Agency, and for other purposes.
Weatherization Assistance Program Improvements Act
Sen. Reed
Amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes.
Agriculture Resilience Act
Rep. Pingree, Sen. Heinrich
Address climate change on agriculture through improved soil health, sequestration of carbon, reduction of emissions, and enhancement of resilience.
Food and Farm Act
Rep. Blumenauer
Reforms the safety net for farmers and ranchers, enhance soil, water, and habitat conservation, encourage beginning farmers and ranchers, strengthen nutrition for Americans, support agriculture research and innovation, reduce food waste, improve animal welfare, and invest in regional food systems, and for other purposes.
Agency
Title
Proposed Regulation
Comment Deadline
EPA
PFAS Drinking Water Rule Proposal
Formally published Wednesday, March 29th here.
Tuesday, May 30th
Last Week
Sen. Paul eyes floor votes on firefighter bill after committee spat READ MORE
Centrist Democrats hatch secret plan to head off debt ceiling calamity READ MORE
McCarthy to Biden on debt limit: ‘You are on the clock’ READ MORE
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FEDERAL LEGISLATIVE UPDATE
Week of March 27, 2023
CongressionalOutlook
Both chambers are back in session this week, packed with Congressional hearings featuring Biden Administration officials. This is the last week of votes for lawmakers until April 17, with most of the legislative priorities left to address.
The Rules Committee will prepare the Lower Energy Costs Act (H.R. 1), which aims to lower energy costs by increasing American energy production, exports, infrastructure, and critical minerals processing, by promoting transparency, accountability, permitting, and production of American resources, and by improving water quality certification and energy projects, and for other purposes. The Rules Committee will draft a rule for the package of bills, including sifting through the 167 submitted amendments. The eventual energy bill could get added to a finalized debt-limit legislation, which Congress has until the summer to act on. The House will also vote on 4 suspensions bills. The Senate may vote on the House-passed Congressional Review Act (CRA) resolution disapproving the Waters of the U.S. (WOTUS) final rule. Several Senators are absent due to illnesses that may prolong the delay of the vote, and others in the upper chamber.
Leaders of the Biden Administration will continue to appear at hearings on the Fiscal Year (FY) 2024 budget this week. Appropriators will hear testimony on the House side from Health and Human Services Secretary Xavier Becerra, Veterans Affairs Secretary Denis McDonough, Environmental and Protection Agency Administrator Michael Regan, Commissioner of the Food and Drug Administration Robert Califf, Administrator of the Transportation Security Administration David Pekoske, Bureau of Reclamation Commissioner Camille Calimlim Touton, and Director of the Cybersecurity and Infrastructure Security Agency Jen Easterly. Both House and Senate appropriators will hear from Agriculture Secretary Thomas Vilsack, Interior Secretary Deb Haaland, Homeland Security Secretary Alejandro Mayorkas, and Attorney General Merrick Garland.
For the remainder of the week, the House will hold several hearings, including a Transportation and Infrastructure Committee hearing on “Reviewing the Implementation of the Infrastructure Investment and Jobs Act;” and an Appropriations Subcommittee on Labor, Health and Human Services, Education hearing on “Addressing the Challenges of Rural America.” The Senate will hold hearings, including an Agriculture, Nutrition, and Forestry Committee hearing on “Forestry In The Farm Bill: The Importance Of America's Forests;” a Rules and Administration hearing on “State And Local Perspectives On Election Administration;” and Environment and Public Works Committee hearing “The EPA Good Neighbor Rule: Healthier Air for Downwind States.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Broadband Incentives for Communities Act
Rep. Fletcher
Creates a grant program to provide local and state governments with the resources to facilitate, modernize, and streamline broadband upgrades and deployment.
Protect the West Act of 2023
Rep. Crow, Sen. Bennet
Legislation would invest $60 billion in our forests to reduce wildfire risk, restore watersheds, and protect communities.
Financing Lead Out of Water Act
Rep. Kildee
Allows bonds issued by public water utilities to finance the replacement of private lead service lines to bypass the U.S. Internal Revenue Service’s (IRS) “private business use test.”
Reauthorization of the Energy Efficiency and Conservation Block Grant
Reps. Stanton, Veasey, & Fitzpatrick
Provides grants to state, local and tribal governments to support initiatives that will reduce fossil fuel emissions and conserve energy.
Healthy Drinking Water Affordability Act (Healthy H2O Act)
Rep. Pingree, Sen. Baldwin
Provides grants for water testing and treatment technology directly to individuals and nonprofits in rural communities. Water quality improvement systems installed at the faucet or within a building can provide immediate and ongoing protections from known and emerging water contaminants, like per- and polyfluoroalkyl substances (PFAS), lead, and nitrates.
Agency
Title
Proposed Regulation
Comment Deadline
EPA
PFAS Drinking Water Rule Proposal
A pre-published version of the rule is available here.
60 days after publication
Last Week
Chicken-or-egg game is on as Congress barrels toward debt limit READ MORE
House Republican leaders work to fuse support for energy package READ MORE
Biden: Nashville school shooting ‘a family’s worst nightmare’ READ MORE
House GOP’s energy bill hitting the floor amid market volatility READ MORE
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FEDERAL LEGISLATIVE UPDATE
Week of March 13, 2023
CongressionalOutlook
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
President Biden Releases FY 2024 Budget READ MORE
House Republicans Announce Major Energy Package As Top Priority Bill READ MORE
Debt Limit Action Needed By Mid-August, Analysts Warn READ MORE
House conservatives issue new spending demands in debt ceiling debate READ MORE
Sohn Withdraws After Manchin Opposes Her FCC Confirmation READ MORE
Fed’s Powell Tells Senators Rate Hikes Could Go Higher, Come Faster READ MORE
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
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FEDERAL LEGISLATIVE UPDATE
Week of February 27, 2023
CongressionalOutlook
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).”
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FEDERAL LEGISLATIVE UPDATE
Week of February 21, 2023
CongressionalOutlook
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.
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FEDERAL LEGISLATIVE UPDATE
Week of February 13, 2023
CongressionalOutlook
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”
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EPA Seeks Input on Inflation Reduction Act Environmental and Climate Justice Program READ MORE
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FEDERAL LEGISLATIVE UPDATE
Week of February 6, 2023
CongressionalOutlook
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.”
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FEDERAL LEGISLATIVE UPDATE
Week of January 30, 2023
CongressionalOutlook
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.”
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FEDERAL LEGISLATIVE UPDATE
Week of January 23, 2023
CongressionalOutlook
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.
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FEDERAL LEGISLATIVE UPDATE
Week of January 17, 2023
CongressionalOutlook
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.
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FEDERAL LEGISLATIVE UPDATE
Week of January 9, 2023
CongressionalOutlook
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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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!
CongressionalOutlook
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.
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FEDERAL LEGISLATIVE UPDATE
Week of December 12, 2022
CongressionalOutlook
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
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FEDERAL LEGISLATIVE UPDATE
Week of December 5, 2022
CongressionalOutlook
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
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FEDERAL LEGISLATIVE UPDATE
Week of November 21, 2022
CongressionalOutlook
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.
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FEDERAL LEGISLATIVE UPDATE
Week of October 3, 2022
CongressionalOutlook
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
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FEDERAL LEGISLATIVE UPDATE
Week of September 19, 2022
CongressionalOutlook
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
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FEDERAL LEGISLATIVE UPDATE
Week of September 12, 2022
CongressionalOutlook
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
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FEDERAL LEGISLATIVE UPDATE
Week of September 6, 2022
CongressionalOutlook
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
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FEDERAL LEGISLATIVE UPDATE
Week of August 15, 2022
CongressionalOutlook
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!
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FEDERAL LEGISLATIVE UPDATEWeek of August 8, 2022
CongressionalOutlook
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
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FEDERAL LEGISLATIVE UPDATEWeek of August 1, 2022
CongressionalOutlook
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
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FEDERAL LEGISLATIVE UPDATEWeek of July 25, 2022
CongressionalOutlook
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
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FEDERAL LEGISLATIVE UPDATEWeek of July 18, 2022
CongressionalOutlook
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
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FEDERAL LEGISLATIVE UPDATEWeek of July 5, 2022
CongressionalOutlook
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
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FEDERAL LEGISLATIVE UPDATEWeek of June 27, 2022
CongressionalOutlook
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
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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NSDC Federal Legislative Update
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