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
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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
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Murray, Collins strike deal on fiscal 2024 emergency funds
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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
Senate appropriators set higher funding levels than House, setting up standoff
A debt deal twist is shifting Congress’ shutdown gameplan
US lawmakers float possible farm bill extension amid delays
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White House announces funding to boost internet connectivity nationwide
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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
Biden signs debt ceiling bill READ MORE
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
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