Update as of 
September 9th, 2024

House and Senate Action

The House and Senate are both in session.

House GOP leaders are expected to bring their six-month stopgap funding plan to the floor again this week. The measure was pulled from floor consideration last week due to a number of Republican holdouts. The proposed Continuing Resolution (CR) would fund the federal government at current levels through March 28, 2025. It also includes a series of provisions that address issues outside of the regular appropriations process, including $10 billion to replenish the Federal Emergency Management Agency's (FEMA) Disaster Relief Fund, as well as language that would extend the authorization for the National Flood Insurance Program (NFIP). Additionally, the GOP-led measure includes controversial language that would require individuals to provide proof of citizenship in order to vote in federal elections.

The election-related provision – which mirrors a GOP-sponsored bill that passed the House in July – is a nonstarter for Senate Democrats and the Biden administration, who argue that noncitizen voting is already prohibited under federal law. Democratic leaders have also balked at the CR's six-month timeline, preferring a stopgap funding patch that expires in mid-December. It's unclear if Speaker Mike Johnson (R-LA) and his whip team will be able to persuade enough Republicans to support the plan. With government funding set to run out on September 30, congressional leaders have just two weeks to pass a CR. Failure to do so would result in a government shutdown.

Later in the week, and with an eye toward the November elections, House Republicans will look to advance more partisan measures, including bills that target what GOP members have labeled "woke" investing principles. The chamber will vote on two bills (H.R. 4790; H.R. 5339) that address the use of environmental, social, and governance factors in shareholder decisions. House Republicans will also try to advance a pair of resolutions (H.J. Res. 133; H.J. Res. 136) targeting what they call the Biden administration's "electric vehicle mandate." Finally, the House will consider two measures to address illegal immigration. One bill (H.R. 7909) would make undocumented immigrants who are convicted of, or who admit having committed sex offenses or domestic violence, inadmissible and deportable from the United States. A separate measure (H.R. 5717) would bar federal funding from going to any "sanctuary jurisdiction" for the purposes of addressing the ongoing migrant crisis. The full House schedule can be accessed here.

Across the Capitol, senators will continue their focus on confirming President Biden's judicial nominees.

Congress Set to Reauthorize Program Benefitting Rural Fire and EMS Services

This week, the House will vote on bipartisan legislation – the Supporting and Improving Rural EMS Needs (SIREN) Reauthorization Act (S. 265) – to reauthorize SIREN Act grants for an additional five years. The program, which is also known as the Rural EMS Training and Equipment Assistance (REMSTEA) grant program, provides grants to rural fire and EMS agencies for training and recruiting staff, conducting certification courses, and purchasing equipment, including medication and medical supplies. S. 265 would expand the program to allow for funds to be used on training on mental health and substance use disorders and care and to acquire overdose reversal drugs and devices. Grants are capped at $200,000 and require a 10 percent non-federal match. It should be noted that the Senate has already approved the measure, so a successful House vote would send the bill to the president's desk.

Tax Exempt Status of Municipal Bonds

With key individual tax provisions from the Tax Cuts and Jobs Act set to expire at the end of 2025, it's highly likely that Congress will consider a reform package next year (regardless of who is in the White House). In past years, some lawmakers have targeted the tax-exempt status of municipal bonds as a potential offset or payfor. To push back against some of these threats and to help illustrate the benefit of muni bonds, the Public Finance Network is seeking examples of infrastructure projects that were funded with tax-exempt bonds. The entry form for submissions to the Built by Bonds initiative can be accessed here.

Relevant Hearings and Markups

Senate Banking, Housing and Urban Affairs: On Wednesday afternoon, the committee will meet to discuss the macroeconomic impacts of potential tax reform in 2025. Additional details on the hearing can be found here.

House Appropriations: On Wednesday morning, the panel will hold an oversight hearing with the Inspectors General for the Department of Housing and Urban Development, the U.S. Department of Transportation, and Amtrak. A livestream of the hearing will be available here, beginning at 10am ET.

House Transportation and Infrastructure: On Wednesday morning, the committee will consider 30 bills within the panel's jurisdiction, including several FEMA reform proposals. One measure – the Making Aid for Local Disasters Equal Now (MALDEN) Act (H.R. 6435) – seeks to improve FEMA's response to natural disasters in rural communities. It would do so by improving coordination between local emergency managers, state officials, and federal government agencies. Specifically, H.R. 6435 would require FEMA to provide guidance to local emergency managers on developing a recovery team. FEMA would also be required to assist in identifying short and long-term recovery resources. Finally, the bill would require FEMA to work with state emergency management agencies to make disaster case workers available for rural communities in the event that a request for Individual Assistance is made and denied.

The panel will also consider a bill (H.R. 9037) that seeks to improve FEMA's employee recruitment and retention efforts, develop strategies to train and deploy their workforce in efficient ways, and utilize data to address and fix staffing gaps. A third measure – the Natural Disaster Recovery Program Act (H.R. 1605) – would strengthen the U.S. Department of Housing and Urban Development's (HUD) disaster recovery program for states, local governments, and tribes by establishing a permanent and predictable funding process.

More details on the markup, including a full list of bills under consideration, can be accessed here.


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Update as of 
September 9th, 2024

House and Senate Action

Congress returns from its summer break today, though both chambers are only scheduled to be in session for three weeks. Starting on September 27th (or perhaps sooner), lawmakers will recess once again for the final stretch of campaign season. The most pressing business for congressional leaders is to pass a bill to fund the federal government beyond September 30. The House and Senate are still far apart on their fiscal year 2025 spending measures and will wait until after Election Day to resume negotiations on a formal budget deal. In the near-term, they'll have to pass a short-term spending patch to avoid a government shutdown.

This week, the House will consider a Republican-led measure that would pair a six-month Continuing Resolution (CR) with a bill (the SAVE Act) that would require proof of citizenship before an individual can be registered to vote in federal elections. For their part, House and Senate Democrats have balked at the offer, preferring a stopgap funding patch that expires in December. In fact, at this point, it's not yet clear whether Speaker Mike Johnson (R-LA) will have enough votes within his own conference to advance the measure.

In addition to the CR, the House this week will vote on a number of measures to crack down on China, including legislation (H.R. 9456) that would ban foreign adversaries from purchasing agricultural lands in the U.S.  

Across the Capitol, senators are set to vote on confirming more of Biden's judicial nominees.

Attached is a report prepared by Paragon Government Relations outlining a number of key issues that could see action this Fall.

Download PARAGON - Legislative Report & Outlook for Fall Session - NSDC.pdf

 

Relevant Hearings and Markups

House Transportation and Infrastructure: On Wednesday morning, the Subcommittee on Water Resources and Environment will meet to examine the Biden Administration's implementation of its revised rule defining "waters of the United States" (WOTUS) under the Clean Water Act and its impacts on states and stakeholdersMore information on the hearing can be found here.

House Natural Resources: On September 6, the Subcommittee on Water, Wildlife and Fisheries held a field hearing titled in the Central Valley to examine the state's water supply operations. Additional information on the hearing, including an archived webcast and a memo prepared by committee staff, can be accessed here. On Wednesday morning, the Subcommittee on Energy and Mineral Resources will hold a legislative hearing on a discussion draft that proposes reforms to the National Environmental Policy Act (NEPA). More details on the hearing are available here.

Senate Energy and Natural Resources: On Wednesday afternoon, the Subcommittee on Water and Power will receive testimony on a slate of bills within the panel's jurisdiction. Additional details on the markup can be accessed here.


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Update as of 
July 30, 2024

House and Senate Action

The House is on recess and will not return to action until September 9th. The Senate is in session this week but will adjourn for the summer at the conclusion of legislative business this week.

In the coming days, the Senate will consider a legislative package – the Kids Online Safety and Privacy Act – aimed at safeguarding children online. Pursuant to the measure, social media platforms would be required to take steps to shield underage users from potentially harmful content. The bill would also bar those companies from passing along minors' personal data that would have otherwise been used for targeted advertising. The Senate calendar can be accessed here.

Special District Grant Accessibility Act Set for Senate Committee Consideration

The Senate Homeland Security and Governmental Affairs Committee will resume its Business Meeting on Wednesday morning. Among the bills slated for consideration is the Special District Grant Accessibility Act (SDGAA). As outlined in last week's federal update, the legislation (H.R. 7525S. 4673) would codify a first-ever, formal definition of "special district" and would require the White House Office of Management and Budget (OMB) to issue guidance to federal agencies requiring special districts to be recognized as local governments for the purpose of federal financial assistance determinations.

One of the leading factors driving the need for the SDGAA is the fact that special districts were omitted in COVID-19-era legislation that provided direct federal financial assistance to local governments for coronavirus relief and response activities (namely CARES Act funding and ARPA Fiscal Recovery Fund dollars). Unlike other forms of local government, special districts were excluded from receiving direct federal aid despite the fact that many special districts provided essential public services throughout the COVID-19 pandemic, including ambulance/EMS, hospital, and open space services. Moreover, while special districts are eligible for the vast majority of current federal funding opportunities, they are ineligible for – or face barriers to accessing – certain grant programs. The SDGAA seeks to level the playing field by ensuring that special districts have access to all appropriate and relevant federal funding streams.

Additional information on the committee markup can be accessed here.

Fiscal Year 2025 Appropriations Update

Last week, the House narrowly approved its fiscal year 2025 Interior and Environment spending measure (H.R. 8998). That brings the total number of bills passed in the House to five (of 12). While House GOP leaders had initially sought to advance several other funding measures last week – including those covering Energy-Water Development (H.R. 8997); Financial Services (H.R. 8773); and, Agriculture-Rural Development (H.R. 9027) – the bills were pulled from consideration when it became evident they did not have the necessary support to pass.

Across Capitol Hill, the Senate Appropriations Committee last week approved four fiscal year 2025 spending bills, with plans to consider an additional four measures this week. If the panel stays on schedule, committee leaders will have cleared 11 bills for floor consideration, with the contentious Homeland Security funding measure as the lone outstanding bill. However, it should be noted that the full chamber has yet to take up any of the bills. Despite the recent progress in both chambers, the House and Senate have yet to come to an agreement on topline spending levels. Looking ahead, and with so few legislative days remaining before the October 1 start of the new federal fiscal year, it's a foregone conclusion that Congress will need to consider a Continuing Resolution later this year. While the length of a stopgap funding bill is unclear at this point, it's likely that such a measure will extend government funding beyond the November elections.

Senate Panel to Consider Bipartisan Permitting Reform

This week, the Senate Energy and Natural Resources Committee will consider bipartisan permitting reform legislation that aims to streamline the development of both renewable and fossil fuel projects. The measure, which the panel's Chair and Ranking Member introduced last week, has elements that would appeal to both Democrats and Republicans. For starters, it would expand interstate transmission lines that are needed to connect new wind and solar farms to major power demand centers – a key priority for Democrats. Meanwhile, Republicans are supportive of provisions that would boost energy production on federal lands, as well as language that would limit and expedite review of legal challenges. In a nod to both parties, the legislation would require the federal government to conduct at least one offshore oil and gas sale and wind sale per year. While the bill is likely to advance through committee this week, it's unclear whether it'll be taken up by the full Senate before the end of the year. A brief summary of the legislation is available here, and a section-by-section outline can be accessed here.

Relevant Hearings and Markups

Senate Finance Committee: On Tuesday morning, the panel will hold an oversight hearing entitled, "Tax Tools for Local Economic Development." A livestream of the hearing will be available here, beginning at 10am ET. 

Senate Commerce, Science, and Transportation: On Tuesday morning, the Subcommittee on Tourism, Trade and Export Promotion will hold a hearing to examine the current landscape for rural export businesses, including the challenges facing rural businesses as they work to access international markets and the resources available to support rural business owners as they start or expand their export business. Witnesses will highlight the importance of rural businesses to local economies and the need to ensure they have the tools to compete globally. More information on the hearing can be found here. On Wednesday morning, the full committee will meet to consider several dozen bills within the panel's jurisdiction. The full list of bills on the docket can be viewed here.

Senate Banking, Housing, and Urban Affairs: On Wednesday morning, the panel will hold a hearing entitled, "Long-Term Economic Benefits and Impacts from Federal Infrastructure and Public Transportation Investment." Additional information on the hearing, including a full witness list, can be accessed here.

Senate Budget: On Wednesday morning, lawmakers on the panel will meet to discuss the future of electric vehicles. More information on the hearing can be found here.

Senate Energy and Natural Resources: On Wednesday morning, the committee will consider bipartisan permitting reform legislation. More details on the markup can be found here.

Senate Health, Education, Labor, and Pensions: On Wednesday morning, the committee will meet to consider three bills, including legislation (S. 4776) that would reauthorize the Older Americans Act. Additional details on the markup can be accessed here.

Senate Appropriations: On Thursday morning, the committee will meet to consider the last five (of 12) spending bills for fiscal year 2025, including those covering Energy and Water; Defense; Labor-Health and Human Services; Homeland Security; and, Financial Services. More details on the markup can be found here.


Update as of 
July 23, 2024

House and Senate Action

Both chambers return to action this week. The House gaveled in earlier today and will consider a slate of noncontroversial bills on the suspension calendar, including legislation (H.R. 8812) that would reauthorize the Water Resources Development Act (WRDA). The legislation, which authorizes programs and projects under the purview of the U.S. Army Corps of Engineers Civil Works Program, is typically renewed by Congress on a biennial basis. This year's House bill includes 159 new feasibility studies for locally proposed projects, as well as 12 projects that have been reviewed by the Corps and have culminated in a final report to Congress. Starting Tuesday, the lower chamber will consider two (of 12) spending bills for fiscal year 2025, including Energy-Water Development (H.R. 8997) and Interior-Environment (H.R. 8998). Two other funding bills were initially scheduled for action this week, namely those covering Financial Services (H.R. 8773) and Agriculture-Rural Development (H.R. 9027), but have since been pulled from consideration over concerns about spending levels and controversial policy riders. The full legislative calendar can be accessed here.

Across Capitol Hill, the Senate will continue its focus on nominations. The Senate schedule is available here.

Special District Grant Accessibility Act Set for Senate Committee Consideration

On Wednesday, the Senate Homeland Security and Governmental Affairs Committee is slated to formally consider the Special District Grant Accessibility Act (SDGAA). The legislation (H.R. 7525S. 4673) would codify a first-ever, formal definition of "special district" and would require the White House Office of Management and Budget (OMB) to issue guidance to federal agencies requiring special districts to be recognized as local governments for the purpose of federal financial assistance determinations.

One of the leading factors driving the need for the SDGAA is the fact that special districts were omitted in COVID-19-era legislation that provided direct federal financial assistance to local governments for coronavirus relief and response activities (namely CARES Act funding and ARPA Fiscal Recovery Fund dollars). Unlike other forms of local government, special districts were excluded from receiving direct federal aid despite the fact that many special districts provided essential public services throughout the COVID-19 pandemic, including ambulance/EMS, hospital, and open space services. Moreover, while special districts are eligible for the vast majority of current federal funding opportunities, they are ineligible for – or face barriers to accessing – certain grant programs. The SDGAA seeks to level the playing field by ensuring that special districts have access to all appropriate and relevant federal funding streams.

Additional information on the committee markup can be accessed here.

Relevant Hearings and Markups

House Ways and Means Committee: On Wednesday morning, the full committee will mark up two bipartisan bills, the Strengthening State and Tribal Child Support Act (H.R. 7906) and the Protecting America's Children by Strengthening Families Act (H.R. 9076).

House Natural Resources Committee: On Tuesday morning, the Subcommittee on Energy and Mineral Resources will hold a legislative hearing on four bills within the panel's jurisdiction, including legislation (H.R. 8954) that would create a revenue sharing mechanism for wind and solar energy development on public lands (25% to the State hosting the production; 25% to the county hosting the production; 25% to the Renewable Energy Resource Conservation Fund; and 25% to aid agencies in the processing of renewable energy permits on federal lands). Pursuant to the bill, a newly established Renewable Energy Resource Conservation Fund would help restore and protect landscapes in regions where renewable energy development occurs. The panel will also receive testimony on a bill (H.R. 8665) that establishes a supercritical geothermal research program and the Department of Energy and provides grant opportunities for supercritical geothermal technologies. More information on the hearing, including a full list of bills under review, can be accessed here.

House Transportation and Infrastructure Committee: On Tuesday afternoon, the Subcommittee on Railroads, Pipelines, and Hazardous Materials will meet to examine the state of rail safety. Federal Railroad Administration Administrator Amit Bose is among those slated to testify. On Wednesday morning, the Subcommittee on Highways and Transit will hear from invited witnesses on the Transportation Department's regulatory and administrative agenda. More details on the two hearings is available here.

House Agriculture Committee: On Tuesday morning, the panel will meet for a hearing entitled, "Financial Conditions in Farm Country." A livestream of the hearing will be available here, beginning at 10am ET.

House Education and the Workforce Committee: On Wednesday morning, the Subcommittee on Workforce Protections will hold a hearing on "Safeguarding Workers and Employers from OSHA Overreach and Skewed Priorities." More detail on the hearing can be found here.

House Financial Services Committee: On Tuesday morning, the full committee will meet to consider the benefits, risks, and consequences of artificial intelligence on the financial services and housing markets. The hearing coincides with the release of a staff report from the Bipartisan Working Group on Artificial Intelligence. Additional information on the hearing can be here.

Senate Appropriations Committee: On Thursday morning, the committee will consider four (of 12) fiscal year 2025 spending bills, including those covering Commerce-Justice-Science; Interior and Environment; State and Foreign Relations; and, Transportation-Housing and Urban Development. Additional details on the markup can be found here.

Senate Commerce, Science, and Transportation Committee: On Tuesday morning, the Subcommittee on Surface Transportation, Maritime, Freight and Ports will convene a subcommittee field hearing in Lansing, Michigan, to examine the impact of the bipartisan infrastructure law on transportation infrastructure. More information on the hearing can be found here.


Update as of 
July 9, 2024

House and Senate Action

Both chambers returned to action today following the Independence Day holiday. This week, the House will consider legislation (H.J. Res. 165) that would overturn the Biden administration's Title IX rule, which expands discrimination protections for pregnant, transgender, and non-binary students. The chamber will also take up a bill (H.R. 7637; H.R. 7700) that would prohibit the Department of Energy (DOE) from prescribing or enforcing energy efficiency standards for refrigerators and dishwashers that are not cost effective or technologically feasible. In addition, lawmakers will vote on a measure (H.R. 8281) that would require individuals to provide proof of U.S. citizenship in order to register to vote in federal elections. Finally, lawmakers will consider the fiscal year 2025 spending bill covering the Legislative Branch. The full legislative calendar can be accessed here.

The Senate is expected to focus on nominations. The Senate schedule is available here

The House and Senate will recess again next week to allow GOP lawmakers to attend the Republican National Convention in Milwaukee, Wisconsin.

Special District Grant Accessibility Act – Senate Introduction Expected This Week

Later this week, Senators Kyrsten Sinema (I-AZ) and John Cornyn (R-TX) are expected to introduce the Special District Grant Accessibility Act (SDGAA). The bill, which was approved by the full House back on May 5th, would establish a first-ever, formal definition of "special district" in federal law. In addition to codifying such a definition, the legislation would require the White House Office of Management and Budget to issue guidance to federal agencies requiring special districts to be recognized as local governments for the purpose of federal financial assistance determinations.

One of the leading factors driving the need for the SDGAA is the fact that special districts were omitted in COVID-19-era legislation that provided direct federal financial assistance to local governments for coronavirus relief and response activities (namely CARES Act funding and ARPA Fiscal Recovery Fund dollars). Unlike other forms of local government, special districts were excluded from receiving direct federal aid despite the fact that many special districts provided essential public services throughout the COVID-19 pandemic, including ambulance/EMS, hospital, and open space services. Moreover, while special districts are eligible for the vast majority of current federal funding opportunities, they are ineligible for - or face barriers to accessing - certain grant programs. The SDGAA seeks to level the playing field by ensuring that special districts have access to all appropriate and relevant federal funding streams.

Looking ahead, the bill will need to be considered by the Senate Homeland Security and Governmental Affairs Committee. If favorably approved by the committee, the legislation would advance to the floor of the Senate.

Biden Administration Lays Out Regulatory Blueprint for the Remainder of the Year

On July 5, the Biden administration released its regulatory blueprint for the remainder of the year and beyond. The spring Unified Agenda, as it is known, outlines the federal regulatory priorities and plans for the coming months. Among other things, the White House intends to propose initiatives to modernize infrastructure, improve transportation safety, and promote sustainable development. This includes regulations related to public transit, aviation, and the development of smart cities. There will also be an emphasis on regulations aimed at reducing greenhouse gas emissions, promoting clean energy, and protecting natural resources. This includes stricter emissions standards for vehicles and industrial sources, as well as initiatives to address pollution and improve air and water quality. On the healthcare front, the administration will continue efforts to improve the affordability of prescription drugs and enhance public health preparedness. This includes regulations related to the Affordable Care Act, mental health parity, and responses to the opioid crisis. The full list of anticipated proposals can be accessed here.

Relevant Hearings and Markups

House Appropriations Committee: This week, the full committee will consider six (of 12) fiscal year 2025 spending bills. The measures scheduled to be considered include: Commerce-Justice-Science; Interior-Environment; Energy and Water; Labor-Health and Human Services; Transportation-Housing and Urban Development; and, Agriculture-Rural Development. More details on the committee activity can be accessed here.

House Natural Resources Committee: On Tuesday afternoon, the Subcommittee on Water, Wildlife and Fisheries will hold a legislative hearing on four measures, including a bill (H.R. 7544) that would forbid the Departments of the Interior and Agriculture from mandating water users transfer water rights to the federal government as a condition of any permit, lease, or other use agreement. It also would prevent any unlawful seizures of groundwater. More information on the hearing can be accessed here.

House Oversight and Accountability Committee: On Wednesday morning, the full committee will meet to conduct oversight of the U.S. Environmental Protection Agency (EPA). More details on the hearing will become available here.

House Agriculture Committee: On Wednesday afternoon, the panel will meet for a hearing entitled, "Examining the Consequences of EPA's Actions on American Agriculture." A livestream of the hearing will be available here, beginning at 2pm ET.

Senate Agriculture, Nutrition, and Forestry Committee: On Wednesday afternoon, the Subcommittee on Rural Development and Energy will hold a hearing on the state of rural infrastructure in the United States, with a particular focus on emergency response, recovery, and resilience. Blue Earth (MN) County Commissioner Kevin Paap is among those slated to testify. Additional information on the hearing, including a full witness list, is available here.

Senate Appropriations Committee: On Thursday morning, the committee will consider the first three (of 12) fiscal year 2025 spending bills, including those covering the Legislative Branch; Agriculture, and Military Construction-Veterans Affairs. The panel will also vote on the funding allocations for each of the 12 subcommittees. More details on the markup can be found here.


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Update as of 
June 18, 2024

House and Senate Action

The Senate is the only chamber in session this week. They will recess briefly on Wednesday for Juneteenth before reconvening on Thursday morning. The top priority for Senate Democrats is to reverse a recent Supreme Court decision that removed the Trump-era ban on bump stocks, a device that can convert semiautomatic weapons to ones capable of firing hundreds of rounds per minute. The daily Senate schedule can be accessed here

House Panel Advances FY25 Homeland Security Spending Bill

Last week, the House Appropriations Committee voted along party lines to advance the fiscal year 2025 spending bill for the Department of Homeland Security. In all, the measure would provide $94.4 billion in discretionary funding for the department, an increase of nearly $4 billion. When excluding offsetting collections and major disaster funding, the total provided in the bill is $64.8 billion, which is nearly $800 million above current levels. Among other things, the bill recommends over $28 billion (an increase of $2.8 billion) for the Federal Emergency Management Agency (FEMA), including $22.7 billion for disaster relief. With regard to federal assistance, the measure would provide $360 million each for the Assistance to Firefighters Grant (AFG) program and the Staffing for Adequate Fire and Emergency Response (SAFER) grant program, an increase of $36 million for both programs. A full summary of the bill is available here. A summary prepared by Democrats on the panel can be accessed here.

House Lawmakers Set to Introduce Wildfire Permitting Legislation

 House Natural Resources Committee Chairman Bruce Westerman (R-AK) and Congressman Scott Peters (D-CA) will soon introduce legislation – the Fix Our Forest Act – that would ease permitting reviews for forest management projects meant to reduce the growing risk of destructive wildfires. The measure seeks to expedite reviews under the National Environmental Policy Act (NEPA) and curtail litigation that frequently delays projects. Specifically, and among other things, it would enable agencies to adopt categorical exclusions – or specific exemptions from full NEPA review – for some forest management projects. The bill would also limit lawsuits by preventing courts from stopping a project unless the court can prove that it would cause substantial environmental harm. It also would require litigants to sue within 120 days and to have participated in the public comment process. Finally, it would promote collaboration at all levels of government by creating a new Fireshed Center made up of representatives from different agencies. Chairman Westerman is expected to schedule committee action on the bill in the coming weeks.

Relevant Hearings and Markups

Senate Appropriations Committee: On Tuesday morning, the Subcommittee on Transportation-Housing and Urban Development will hold a hearing entitled, "Unlocking Department of Transportation Financing for More Transit-Oriented Housing Development." Additional details on the hearing, including a livestream of the event, will be available here.

Senate Judiciary – On Thursday morning, the committee will meet to consider legislation (S. 1306) that would reauthorize the COPS program through fiscal year 2029. More information on the markup is available here.


Update as of 
June 11, 2024

House and Senate Action

 The House and Senate are both in session this week.

House

Starting Tuesday afternoon, the lower chamber will consider nearly a dozen bills on the suspension calendar (requires 2/3 majority for passage), including legislation – the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act (H.R. 2964) – that would require the Federal Trade Commission (FTC) to issue regulations requiring entities responsible for the labeling or retail packaging of certain pre-moistened, nonwoven wipes (e.g., baby wipes, cleaning wipes, or personal care wipes) to label such products clearly and conspicuously with the phrase "Do Not Flush". It should be noted that H.R. 2964 was previously scheduled for floor consideration in May. Another bill on the docket (H.R. 6543) seeks to improve cost transparency for stays in short-term lodging, such as hotels, motels, and inns. Later in the week, lawmakers will consider the annual defense authorization bill. The full House floor schedule is available here.

Senate

Across Capitol Hill, Senate Democratic leaders will keep the focus on women's reproductive rights this week with a vote scheduled on legislation that would protect and expand access to in-vitro fertilization (IVF) and other assisted reproductive technology (ART) services nationwide. The daily Senate schedule can be accessed here.

Legislation Introduced to Implement Recommendations of Wildland Fire Mitigation and Management Commission

Representatives Josh Harder (D-CA) and Scott Franklin (R-FL) recently introduced legislation (H.R. 8656) that would address the growing wildfire threat by implementing a number of the recommendations outlined in a 2023 report by the Wildland Fire Mitigation and Management Commission. The 50-person commission, with representatives from state and federal agencies, the private sector, nonprofits, and firefighters, made 148 recommendations. H.R. 8656 incorporates 16 of those recommendations, with a focus on workforce development, support for wildland firefighters, wildfire smoke and public health impacts, and fire mitigation and technology. A section-by-section summary of the bill is attached.

Senate Panel Discusses Underlying Reasons for Rising Insurance Costs

Last week, the Senate Budget Committee held a hearing entitled, "Riskier Business: How Climate is Already Challenging Insurance Markets." The hearing was an opportunity for lawmakers to discuss the underlying causes of the current property and commercial insurance crisis. For their part, Democrats on the panel identified climate change as a major driver of high-damage claims and rising premium costs. Republicans, on the other hand, pointed to rising federal spending levels and inflation – including increased costs of labor and materials to rebuild or repair homes – as the main cause of insurance price hikes. Some Republicans also identified increased development into disaster-prone areas as another key factor that contributes to high insurance premiums. While there was some significant disagreement on the underlying cause(s) of the current insurance crisis, there was bipartisan agreement on the need to reduce risk and support mitigation measures that improve resilience to future disasters.

Notably, Democrats on the Budget Committee have several open investigations into the threat that climate change poses to insurance markets. As part of one investigation, the committee has requested information from dozens of private sector insurers on how they plan to address increased underwriting losses from climate disasters. The subject of another inquiry is how the insurance industry at large evaluates climate-related risks, decides to invest in or underwrite fossil fuel expansion projects that drive such risks, and policies that insure such projects. The third investigation focuses specifically on Florida's state-run insurance provider.

Relevant Hearings and Markups

House Transportation and Infrastructure: The panel's Subcommittee on Highways and Transit will hold a hearing entitled, "Revenue, Ridership, and Post-Pandemic Lessons in Public Transit." More details on the hearing, including a full witness list, can be accessed here.

House Appropriations: This week, the full committee will consider five FY 2025 spending bills, including those covering Defense, Financial Services and General Government, the Legislative Branch, State and Foreign Operations, and Homeland Security. The Subcommittee on Agriculture and Rural Development will mark up its bill on Tuesday evening. The full list of committee events can be found here.

Senate Energy and Natural Resources Committee: On Wednesday afternoon, the Public Lands, Forests, and Mining Subcommittee will hold a legislative hearing on 20 bills that touch on everything from public lands management to minerals. On Thursday afternoon, the full committee will meet to conduct oversight of the Bureau of Land Management, which is expected to focus primarily on public lands management policies, renewable energy, and oil and gas development. More details on the two hearings is available here.


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Update as of 
June 3, 2024

House and Senate Action

Following a one week recess for the Memorial Day holiday, the House and Senate will reconvene this afternoon. It will be a short work week, as a number of Members will travel to France midweek to mark the 80th anniversary of the D-Day invasion.

House

In the lower chamber, lawmakers will consider the fiscal year 2025 spending bill (H.R. 8580) that covers discretionary appropriations for Military Construction and Veterans Affairs. Notably, this is the first funding measure to be considered this year. The House will also take up legislation (H.R. 8282) sanctioning the International Criminal Court if it moves ahead with arrest warrants for Israeli officials. The full House floor schedule is available here.

Senate

Across Capitol Hill, the Senate will consider legislation – the Right to Contraception Act (S. 4381) – that would guarantee the legal right to purchase and use contraception and for health care providers to provide contraception, information, referrals and services related to contraception. The daily Senate schedule can be accessed here.

EPA Proposes Water System Restructuring Assessment Rule

On May 30, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would allow states to mandate assessments for how Public Water Systems (PWS) that chronically violate federal drinking water standards could be restructured.

EPA's proposal stems from recent amendments to the Safe Drinking Water Act (SDWA) that granted the Agency and states new regulatory authorities. Pursuant to the rule, a PWS would be subject to a mandatory assessment if a state finds that: (1) the PWS has repeatedly violated one or more National Primary Drinking Water Regulations (NPDWRs) and such violations are likely to adversely affect human health; (2) the PWS is unable or unwilling to implement restructuring activities or already has attempted to implement such activities, but has not achieved compliance; (3) restructuring of the PWS, including a form of consolidation or a transfer of ownership, is feasible; and, (4) restructuring of the PWS could result in greater compliance with drinking water standards. Although EPA's new mandatory assessment requirements would not apply to water systems that do not meet the aforementioned criteria, such PWSs could develop and submit restructuring plans eligible for restructuring incentives.

Looking ahead, EPA will be hosting a webinar on the proposed rule on June 5. The webinar will identify the primary elements of the rulemaking, key principles of restructuring, and identified topics for public comment on the proposal. A registration link for the webinar can be found here, and a copy of the proposed rule can be accessed here. Stakeholders have until July 29 to submit comments to the EPA.

Biden Expected to Announce Border Plan

On Tuesday, President Biden is expected to issue an executive order that would temporarily close the U.S.-Mexico border to migrants when crossings surge. The full details of the plan have yet to be released, but the order would allow border officials to prevent migrants from claiming asylum when border crossings surpass a certain threshold. While the threshold is still under discussion, it is expected to mirror legislation that failed to advance in the Senate. Under that proposal, the border would be closed to illegal crossings if the daily average of encounters surpasses 5,000 migrants, or if a one-day total surpasses 8,500. The legislation would have also given the Homeland Security Secretary the authority to shut down the border at 4,000 encounters per day. It should be noted that unaccompanied children are expected to be exempt from the order.

Relevant Hearings and Markups

House Natural Resources Committee: On Tuesday morning, the Subcommittee on Federal Lands will hold an oversight hearing entitled "Examining the President's FY 2025 Budget Request for the U.S. Forest Service." Additional details on the hearing, including a livestream of the event, will be available here

Senate Budget Committee: On Wednesday morning, the Senate Budget Committee will hold a hearing on how climate change continues to impact and challenge the insurance market. Additional information on the hearing will be available here.

 Senate Environment and Public Works (EPW) Committee: On Wednesday morning, the Senate EPW Committee will hold a hearing entitled "Oversight and Budget of the Federal Highway Administration." Additional details on the hearing will be available here

House Oversight and Accountability Committee: On Wednesday, the House Oversight and Accountability Committee will hold an oversight hearing to examine programs under the purview of the U.S. Environmental Protection Agency. A livestream of the event will be accessible here.


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Update as of 
May 21, 2024

House and Senate Action

Both chambers are in session, though they will adjourn for the Memorial Day recess on Thursday.

 The House will gavel in this afternoon. The chamber has a full slate of bills on the suspension calendar (requires 2/3 majority for passage), including legislation (H.R. 5863) that would provide tax relief to victims of a qualified wildfire or hurricane, as well as losses resulting from the East Palestine, Ohio, train derailment. It should be noted that the measure was originally included as part of a larger tax package that has been stalled since January. Later in the week, the lower chamber will consider a bill (H.R. 192) that would prohibit individuals who are not U.S. citizens from voting in D.C. elections. The full House agenda is available here.

 Across Capitol Hill, the Senate is expected to vote on a border security and immigration package this week. The measure, which is not expected to advance, mirrors the bipartisan compromise that collapsed earlier this year. Pursuant to the legislation, the Department of Homeland Security (DHS) would be required to close the border to illegal crossings if the daily average of encounters surpasses 5,000 migrants, or if a one-day total surpasses 8,500. However, DHS would have the authority to shut down the border at 4,000 encounters per day. Once the mandatory shutdown is enforced, it would require two weeks of significantly lower illegal crossings in order to reopen the border to crossings, other than asylum appointments, at ports of entry. Notably, the package does not include provisions that would provide a pathway to citizenship for Dreamers and other undocumented individuals. It should be noted that a handful of Democrats view the policy changes as too extreme and will therefore oppose consideration of the bill. Many Republicans, on the other hand, do not believe the reforms go far enough and view this effort as a political exercise meant to provide a boost to vulnerable Democrats. The daily Senate schedule can be accessed here.

House Ag Committee to Consider GOP Farm Bill Reauthorization Package

On Thursday, the House Agriculture Committee will mark up a $1.5 trillion Farm Bill reauthorization package. The legislation, which totals 942 pages and is still in draft form, would fund programs across 12 separate titles for a period of five years. The Republican-authored bill faces stiff opposition from Senate Democrats and the Biden administration due to proposed cuts in the Supplemental Nutrition Assistance Program (SNAP) and the removal of climate change mitigation requirements for conservation investments. With regard to SNAP, the draft bill would limit future updates to the Thrifty Food Plan, which provides the basis for calculating nutrition benefits. According to the Congressional Budget Office, the policy change would reduce SNAP by roughly $30 billion over the next decade. While the legislation is expected to be approved by the House Agriculture Committee, it remains unclear if GOP leaders will have sufficient votes to pass the measure on the floor.

Relevant Hearings and Markups

 House Agriculture – On Thursday morning, lawmakers will meet to consider a Farm Bill reauthorization package. Additional details on the markup, including a livestream of the event, will become available here.

 Senate Environment and Public Works – On Wednesday morning, the panel will consider six bills, including the biennial Water Resources Development Act (WRDA). Following the markup, the committee will hold a hearing on efforts to improve reuse and recycling. More info on the hearing can be found here.

 Senate Energy and Natural Resources – On Tuesday morning, the committee will hold a hearing to examine the opportunities, risks, and challenges associated with growth in demand for electric power in the United States. More info on the hearing, including a full witness list, is available here.

 Senate Budget Committee – On Wednesday morning, the panel will hold a hearing entitled, "Droughts, Dollars and Decisions: Water Scarcity in a Changing Climate." Additional information on the hearing can be found here.

 Senate Commerce, Science, and Transportation – This afternoon, the Subcommittee on Surface Transportation, Maritime, Freight and Ports, will meet to examine the causes of the roadway safety crisis, including unique risks to pedestrians, bicyclists and motorcyclists, and how Congress can support a holistic approach to roadway safety. A livestream of the event will be available here, beginning at 2:30pm ET.


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Update as of 
May 15, 2024

House and Senate Action

Neither chamber is in session today but both will return to action on Tuesday.

The House will consider a number of measures on the suspension calendar (requires 2/3 majority for passage), including giving final approval to a Federal Aviation Administration (FAA) renewal (H.R. 3935). It should be noted that the Senate cleared the legislation Thursday evening and also passed a one-week extension, which gives the House until Friday to get this done. A section-by-section summary of the FAA agreement can be found here.

Another bill on the suspension calendar and endorsed by NSDC – the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act (H.R. 2964) – would require the Federal Trade Commission (FTC) to issue regulations requiring entities responsible for the labeling or retail packaging of certain pre-moistened, nonwoven wipes (e.g., baby wipes, cleaning wipes, or personal care wipes) to label such products clearly and conspicuously with the phrase "Do Not Flush". The

In addition, and in honor of National Police Week in DC, House GOP leaders have placed a number of crime-related bills on the floor. This includes legislation (S. 546) that would expand the Community Oriented Policing Services (COPS) grant program to support hiring activities by law enforcement agencies experiencing declines in officer recruitment applications. It also would establish a new program to encourage voluntary partnerships between schools and police departments to foster a stronger local pipeline for law enforcement careers.

The full House agenda is available here.

Senate Commerce Committee to Vote on Bill Extending Affordable Connectivity Program

On Thursday, May 16, the Senate Commerce, Science and Transportation Committee is scheduled to vote on comprehensive legislation that would modernize the nation's spectrum policy. Among other things, the bill (S. 4207) would provide $7 billion in new funding to extend the Federal Communication Commission's (FCC) Affordable Connectivity Program (ACP). To pay for the ACP extension, the bill would reinstate the FCC's lapsed authority to auction off spectrum bands to commercial users. It should be noted that April was the last month that ACP subscribers received the full $30 benefit. In May, program participants are receiving a $14 discount off their home internet subscriptions, with the FCC expected to exhaust all ACP funding by next month.

House, Senate Ag Leaders Release Competing Farm Bill Proposals

On May 10, House Agriculture Committee Chairman GT Thompson (R-PA) released a more detailed section-by-section summary of his Farm Bill reauthorization package. More information on the proposal, including draft text, is expected to be available in the coming days, with plans to consider the bill in committee next week. Across Capitol Hill, Senate Agriculture Committee Chair Debbie Stabenow (D-MI) has also posted an extensive outline of her proposal.

Relevant Hearings and Markups

House Natural Resources – On Monday afternoon, the Subcommittee on Federal Lands held an oversight field hearing in Hayward, Wisconsin, to examine barriers that sportsmen and women face accessing federal lands and legislative solutions that would promote greater hunting, fishing, and outdoor recreation opportunities. On Wednesday morning, the subcommittee will hear from the Bureau of Land Management and the National Park Service on the president's fiscal year 2025 budget request. On Thursday morning, the full committee will receive testimony from Brenda Mallory, Chair of the Council on Environmental Quality (CEQ), on CEQ's fiscal year 2025 budget request. More information on these hearings can be found here.

House Education and the Workforce – On Wednesday morning, lawmakers will meet to examine the policies and priorities of the Department of Health and Human Services. Additional details on the hearing can be found here.

House Appropriations – On Thursday morning, the Subcommittee on Financial Services will review the fiscal year 2025 budget request of the Federal Communications Commission (FCC). FCC Commissioners Jessica Rosenworcel and Brendan Carr are slated to testify. More information can be accessed here.

Senate Appropriations – On Wednesday morning, the Subcommittee on Energy and Water will review the fiscal year 2025 budget requests for the Army Corps of Engineers and the Bureau of Reclamation. On Wednesday afternoon, the Subcommittee on Commerce, Justice, and Science will hear from Commerce Secretary Gina Raimondo on the department's fiscal year 2025 budget request. A full list of committee hearings can be found here.

Senate Budget – On Wednesday morning, the committee will hold a hearing entitled, "Budgeting for the Storm: Climate Change and the Costs to National Security." More details on the hearing can be accessed here.

Senate Commerce, Science, and Transportation – On Thursday morning, the committee will consider more than a dozen bills within the panel's jurisdiction, including legislation (S. 275) that would require a more thorough vetting and verification process for internet service providers seeking to participate in the Federal Communications Commission's (FCC) high-cost programs. The panel will also consider a measure (S 3788) that would reauthorize a law that helps communities prepare for and respond to landslides. Additional information on the markup is available here.

Senate Energy and Natural Resources – This week, the committee will meet to examine the President's budget request for the National Park Service and the U.S. Forest Service. The committee's full schedule can be found here.

Senate Homeland Security and Governmental Affairs – On Wednesday morning, the committee will consider a slate of bills, including legislation (H.R. 6249) that would ensure that individuals with intellectual, developmental, and physical disabilities and their families have access to resources to safely recover after a major disaster strikes. More information on the markup can be accessed here.

Senate Judiciary – On Thursday morning, the committee will take up bipartisan legislation (S. 930) that would expand access to federal support for the families of firefighters and first responders who pass away from cancer caused by carcinogenic exposure during their service. The bill would also extend disability benefits in cases where they become permanently and totally disabled due to cancer. A separate measure (S. 4235) on the agenda would reauthorize a grant program that provides funding for law enforcement family-support services. Finally, senators will consider a bill (S. 1306) to reauthorize the COPS program. The full committee agenda can be viewed here.

 


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For the week of 
May 8, 2024

House and Senate Action

The House and Senate are both in session this week.

In a major victory for special districts and the National Special Districts Coalition (NSDC), the House approved this evening the Special District Grant Accessibility Act (H.R. 752). The legislation, which was cleared on an overwhelming 352 to 27 vote, would codify a first-ever formal definition of special district. Additionally, the bill would direct the White House Office of Management and Budget to require federal agencies to ensure that special districts are eligible for all appropriate forms of federal assistance. Action now turns to the Senate, where NSDC is working with key Members in an effort to advance a companion measure.

Later this week, the House will also consider legislation (S. 870) that would reauthorize the U.S. Fire Administration (USFA), as well as two programs that benefit local fire departments, namely the Assistance for Firefighters Grants (AFG) program and the Staffing for Adequate Fire and Emergency Response (SAFER) program.

House, Senate Ag Leaders Release Competing Farm Bill Proposals

Last week, House and Senate committee leaders released competing proposals to reauthorize the Farm Bill. For his part, House Agriculture Committee Chair GT Thompson (R-PA) unveiled a 5-page summary document with a broad overview of key policy objectives. Draft text of the bill is expected to be available by the end of next week, as Thompson is planning to consider the bill in committee ahead of the Memorial Day recess. Across Capitol Hill, Senate Agriculture Committee Chair Debbie Stabenow (D-MI) posted a much more extensive outline of her proposal. While the release of the two blueprints represents the most significant action on Farm Bill reauthorization this Congress, both proposals include provisions that are framed as non-starters for the opposing party.

In terms of the policy, Democrats and Republicans both emphasize the need to bolster conservation programs, but they differ in how to achieve that goal. Republicans are aiming to use Inflation Reduction Act (IRA) funds for an expanded range of conservation practices. However, Democrats are opposed to any reprogramming of IRA funds, unless it directly addresses climate change. In addition, Democrats will push back against any reforms that would reduce benefits under the Supplemental Nutrition Assistance Program (SNAP). While Chairman Thompson has insisted he doesn't intend to cut SNAP, he does want to reverse Biden-era reforms that have increased food aid. The Senate package would leave nutrition funding untouched. Democrats and Republicans also agree on the need to reduce wildfire risk and improve forest health. For example, both parties want to increase the size and scope of the Good Neighbor Authority, which lets federal managers contract with local governments to thin publicly owned forests.

The latest extension of the Farm Bill expires on September 30.

DEA Agrees to Reclassify Cannabis; Comprehensive Legalization Legislation Introduced

On May 1, the Drug Enforcement Administration (DEA) agreed to move cannabis from Schedule I of the Controlled Substances Act (CSA) – which includes drugs with high abuse potential and no medical value – to the less restrictive Schedule III. It should be noted that a Schedule III designation is applied to drugs with moderate to low potential for physical and psychological dependence and has been shown to have some medical value. While cannabis would remain federally prohibited, the new designation would remove significant barriers to research and allow state-licensed businesses to make federal tax deductions. Looking ahead, the reclassification must now go through a formal rulemaking process, which could take months to complete.

Following DEA's announcement, Senator Cory Booker (D-NJ) and a coalition of other Democratic senators reintroduced legislation (S. 4226) to legalize and regulate cannabis at the federal level. The comprehensive proposal, entitled the Cannabis Administration and Opportunity Act (CAOA), would require the Attorney General to completely remove cannabis from federal drug schedules under the CSA within 180 days of the bill's enactment. Beyond ending the prohibition on cannabis, the CAOA would expunge nonviolent federal cannabis-related criminal records and create a pathway for resentencing.

Relevant Hearings and Markups

House Ways and Means – On Friday morning, the panel will conduct a field hearing in Scottsdale, Arizona, to discuss empowering Native American and rural communities. Additional information on the hearing can be found here.

House Appropriations – There are a number of budget hearings before the various subcommittees this week. Lawmakers are expected to hear from Administration officials representing the Department of Commerce, the Drug Enforcement Agency (DEA), and the Federal Communications Commission (FCC). A full list of hearings is available here.

Senate Appropriations – Like their House counterparts, there will be a number of budget hearings before the various subcommittees this week. Lawmakers will hear from Interior Secretary Deb Haaland, Acting Labor Secretary Julie Su, and FDA Secretary Robert Califf, among others. A full list of hearings is available here.

Senate Environment and Public Works – On Wednesday morning, Senators will hear from Environmental Protection Agency Administrator Michael Regan on the president's fiscal year 2025 budget proposal for the agency. More details on the hearing can be accessed here.


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For the week of 
March 18, 2024

House and Senate Action

The House and Senate are in session, but both chambers will take a two-week break at the conclusion of this week's legislative action.

FY 2024 Spending Talks

The main priority for congressional leaders is to avoid a partial government shutdown at week's end. While Congress recently approved and President Biden signed into law a six-bill, $460 billion spending package that includes funding for six (of 12) spending bills, funding for the remaining six bills (State-Foreign Operations, Defense, Homeland Security, Labor-HHS, Legislative Branch and Financial Services-General Government) is set to expire Friday at midnight. It should be noted that these bills cover roughly 70 percent of all federal discretionary spending. As of this writing, negotiators are reportedly close to finalizing five of the measures, but they have yet to reach agreement on the Homeland Security funding bill. Saying that, congressional leaders are optimistic they will can reach a deal within the next day.

House GOP Energy Week

Aside from fiscal year 2024 budget talks, the House is set to consider a series of Republican-led energy proposals. This includes legislation (H.R. 7023) aimed at streamlining reviews and providing greater regulatory certainty under the Clean Water Act (CWA) permitting process. H.R. 7023 would also shore up the use of the Nationwide Permit program for oil and gas pipeline projects and block the Environmental Protection Agency from issuing Clean Water Act vetoes in certain circumstances. A separate measure (H.R. 6009) would block a proposal by the Biden administration to raise the royalty rates that fossil fuel companies pay for drilling on public lands. A third bill (H.R. 1121) on the docket would prohibit the President from issuing a moratorium on the use of hydraulic fracturing. For its part, the Biden administration has expressed its opposition to all three measures.

Foreign Assistance Funding Package

The aforementioned minibus spending measure will not include the long-stalled supplemental security package, which totals $95 billion to assist Ukraine, Israel and Taiwan, and others. However, House Speaker Mike Johnson (R-LA) has indicated that he intends to put a military spending bill on the floor after the House completes action on the fiscal year 2024 appropriations process. The strategy and timeline for advancing the measure remains uncertain.

Relevant Hearings and Markups

House Appropriations – This week, the panel will hear from a number of administration officials – including Health and Human Services Secretary (HHS) Xavier Becerra, Energy Secretary Jennifer Granholm, and USDA Secretary Tom Vilsack – on the President's fiscal year 2025 budget proposal. A full list of hearings can be found here.https://appropriations.house.gov/events/hearings

House Budget – On Thursday morning, the committee will meet to discuss the administration's fiscal year 2025 budget plan. More information on the hearing can be accessed here.

House Ways and Means – On Wednesday afternoon, HHS Secretary Becerra will testify on the president's fiscal year 2025 budget. Additional information on the hearing is available here.

Senate Budget – On Wednesday morning, the committee will hold a hearing entitled, "Recreation at Risk: The Nature of Climate Costs." Additional details on the hearing, including a full witness list, is available here.

Senate Environment and Public Works – On Wednesday morning, the panel will meet for a hearing on "Examining PFAS as Hazardous Substances." More info on the hearing can be found here.


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For the week of 
February 27th, 2024


House and Senate Action

Following the Presidents Day recess, both chambers return to action this week. The Senate gaveled in earlier today, and the House will begin its work on Wednesday. The most pressing issue facing Congress is the potential for a partial government shutdown, which could begin this weekend. Despite being nearly five months into the current fiscal year, Congress has yet to approve any of the 12 annual spending bills that make up the federal budget. Since the October 1, 2023, start of the fiscal year, agencies have been operating under a series of short-term Continuing Resolutions (CR). Pursuant to the latest CR, four spending bills – those covering Agriculture, Energy and Water, Military Construction-Veterans Affairs, and Transportation-Housing and Urban Development – will expire on March 1st, while funding for the remaining federal agencies runs through March 8th. It should be noted that President Biden is scheduled to make his State of the Union address on March 7th.

There was some hope that House and Senate negotiators would release text of the first four spending bills this past weekend, but that did not ultimately come to fruition. Aside from some of the familiar funding disputes, there are a number of policy disagreements holding up a potential deal. At this point, there is enough uncertainty that a partial shutdown is possible. For his part, President Biden will meet with House and Senate leaders on Tuesday morning, but it's unclear if this discussion will be enough to break the impasse.

In addition to the budget, the House will consider a short-term extension of the Federal Aviation Administration (FAA). The extension would keep the FAA authorized until May 10.

Legislation Introduced to Protect Water Resources After Wildfires

Congressman Joe Neguse (D-CO) recently introduced legislation – the Watershed Protection and Forest Recovery Act (H.R. 7294) – that would help communities and water users protect their water supply after natural disasters on U.S. Forest Service (USFS) lands. Among other things, the legislation would create a new Emergency Forest Watershed Program (EFWP) within the Department of Agriculture (USDA) that would help streamline recovery efforts and protect water resources downstream of national forests. It also would allow local governments and water providers to enter into agreements with the Forest Service to implement watershed recovery protection measures.

Western Lawmakers Push for Improvements to Housing Conditions for Federal Wildland Firefighters

A bipartisan group of Western lawmakers recently sent a letter to the U.S. Forest Service (USFS) and the National Park Service (NPS) requesting immediate action to address reports of substandard housing conditions and exorbitant rent increases plaguing federal wildland firefighters. The lawmakers called for insight on the current quality of federal housing and the scope of the reported rent increases. A copy of the letter can be accessed here.

Bipartisan Legislation Proposes to Create Flexible Grant Program for Rural Communities

On February 23, Representatives David Valadao (R-CA) and Andrea Salinas (D-OR) introduced bipartisan legislation – the Rural Partnership and Prosperity Act (H.R. 7444) – that would create a flexible grant program to help rural communities. Specifically, it would help rural areas address urgent needs, including but not limited to, affordable child care, housing, and job training. It also would provide technical assistance grants to help rural communities navigate existing federal funding opportunities and ensure they get their fair share of private and federal investments.

Relevant Hearings and Markups

Senate Agriculture – On Wednesday, the panel will conduct an oversight hearing on the U.S. Department of Agriculture (USDA) with USDA Secretary Tom Vilsack. Additional information on the hearing can be found here.

Senate Environment and Public Works – On Wednesday morning, the committee will hold an oversight hearing on water infrastructure projects, programs, and priorities within the jurisdiction of the U.S. Army Corps of Engineers (USACE). More details on the hearing are available here.

Upcoming Events

View our meeting and event calendar

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Federal Legislative Update

Week of December 4, 2023


Congressional

Outlook

Congress is in session this week, with the Senate and the House returning today. While Congress passed a continuing resolution (CR) earlier this month to keep the federal government open through January 19 and February 2, 2024, lawmakers still have considerable work to do to close out the year. 

 

The House will consider ten bills and one resolution under suspension of the rules, including the DOE and USDA Interagency Research Act (H.R. 1713), which directs the Energy and Agriculture departments to collaborate on research and development in a wide range of areas, including artificial intelligence, advanced crop science, grid modernization, and wildfire prevention. For the remainder of the week, the House will vote on the One Seat Ride Act (H.R. 1547), which requires the Department of Transportation to submit a study to Congress on the costs and benefits of commuter rail passenger transportation that doesn’t involve transfers; the Housing our Military Veterans Effectively (HOME) Act of 2023 (H.R. 3848), which increases maximum rates the Veterans Affairs Department pays entities that provide housing and services to veterans experiencing homelessness; and the Elizabeth Dole Home Care Act (H.R. 3848), which directs the Veterans Affairs Department to expand options for long-term home and community services for eligible veterans. The House may also consider the Choice in Automobile Retail Sales Act of 2023 (H.R. 4468), which prohibits the Administrator of the Environmental Protection Agency from finalizing, implementing, or enforcing a proposed rule with respect to emissions from vehicles.

 

Congress is currently negotiating the longstanding bipartisan National Defense Authorization Act (NDAA). Still a vote for potential passage will need to take a back seat to lawmakers focus on a supplemental aid package to Ukraine, Israel, the Indo-Pacific region, and southern border policy. The Federal Aviation Authorization will most likely result in another stopgap extension. The current bill is extended through March 8, allowing for conference negotiations between the House and Senate. Some lawmakers argue that even if the Senate passes its version of the FAA Reauthorization Act of 2023 (S.1939) before the year's end, there will still not be enough time for Congress to conference the bill before the deadline. The Senate this week will vote on several judicial and executive nominations, including: Irma Ramirez to be U.S. Circuit Judge for the Fifth Circuit; Loren AliKhan to be U.S. District Judge for the District of Columbia; and Elizabeth Richard to be Coordinator for Counterterrorism, with the rank and status of Ambassador at Large. 

 

For the remainder of the week, the House and Senate will hold several hearings, including a Senate Environment and Public Works Committee hearing on “IIJA Investments in Habitat and Ecosystem Restoration, Pollinators, and Wildlife Crossings”; a House Oversight and Accountability Cybersecurity Information Technology and Government Innovation Subcommittee hearing on “White House Policy on AI”; and a House Energy and Commerce Communications and Technology Subcommittee hearing on“Oversight of the National Telecommunications and Information Administration.” 

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 6536

Reforming Energy-Efficient Buildings and Appliances Tax Exemptions (REBATE) Act

Rep. Darren Soto (D-FL-9)

Amends the Inflation Reduction Act and allow local governments to receive federal grants to carry out high-efficiency electric home rebate programs.

S. 3364

Kid PROOF Act

Sen. Ben Ray Lujan (D-NM)

Amends the SUPPORT for Patients and Communities Act to authorize the use of certain grants to prevent suicide or overdose by children, adolescents, and young adults

H.R. 6518

Workforce DATA Act

Rep. Donald Davis (D-NC-1)

Requires the Secretary of Labor to take initiatives to measure the impact of automation on the workforce in order to inform workforce development strategies.

H.R. 6548

A bill to provide more flexibility for workforce training programs

Rep. John Duarte (R-CA-13)

Amends the Workforce Innovation and Opportunity Act to provide local areas more flexibility in the use of funds for incumbent workforce training programs.

H.R. 6459

Fairness in Airspace Includes Residents (F-AIR) Act

Rep. Anna Eshoo (D-CA-16)

Amends title 49, United States Code, to direct the Administrator of the Federal Aviation Administration to adjust certain requirements with respect to sovereignty and use of airspace.

H.R. 6546

Bill regarding fish held in captivity or a controlled environment

Rep. Cliff Bentz (R-OR-2)

Amends the Endangered Species Act of 1973 to allow certain activities to be carried out with regard to certain fish held in captivity or a controlled environment.

S. 3364

Kid PROOF Act

Sen. Ben Ray Lujan (D-NM)

Amends the SUPPORT for Patients and Communities Act to authorize the use of certain grants to prevent suicide or overdose by children, adolescents, and young adults

S. 3378

The Farmers Freedom Act of 2023

Sen. Mike Rounds (R-SD)

Requires the Environmental Protection Agency and the Corps of Engineers to use a certain definition for the term "prior converted cropland."

S. 3375

The Disadvantaged Business Enterprise Supportive Services Expansion Act and the Accelerating Small Business Growth Act

Sen. Alex Padilla (D-CA)

Raises the annual funding cap of the Federal Highway Administration’s (FHWA) Disadvantaged Business Enterprise Supportive Services Program, replicate the program at the Federal Transit Agency (FTA) and the Federal Aviation Administration (FAA), and create a grant program to help transportation agencies work with underserved businesses looking to improve growth and competitiveness for contracts.

S. 3378

Rural Energy Equity Act

Sen. Peter Welch (D-VT)

To improve and authorize strong funding levels for the Rural Energy for America Program (REAP). The bill would make REAP more accessible for smaller rural businesses and farms and make the program more climate-friendly..

Agency

Title

Proposed Regulation

Comment Deadline

OMB

Guidance for Grants and Agreements

OMB is proposing to revise sections of its Guidance for Grants and Agreements, including both policy changes and clarifications to existing guidance. 

December 4, 2023

OSTP

Development of a Federal Environmental Justice Science, Data, and Research Plan

OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.

December 12, 2023

HUD

Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program

HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.

December 18, 2023

DOI

Orphaned Wells Program Office

The Orphaned Wells Program Office (OWPO) invites public comment to help inform its efforts in determining how to best structure the Regulatory Improvement Grant (RIG) program, pursuant to section 40601 of the Infrastructure Investment and Jobs Act

December 19, 2023

Treasury

Coronavirus State and Local Fiscal Recovery Funds

The Department of Treasury is issuing an interim final rule to amend the definition of “obligation” set forth in the Department's regulations with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act of 2021.

December 20, 2023

EPA

Implementing the Supreme Court’s Maui Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System (NPDES) Permit Program

The EPA is issuing for public comment a draft guidance on applying the recent decision of the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund, in the Clean Water Act Section 402 NPDES permit program for point source discharges that travel through groundwater before reaching a water of the United States.

December 27, 2023

FTA

Transit Worker Hours of Service and Fatigue Risk Management

The FTA is considering proposing minimum safety standards to provide protections for transit workers to obtain adequate rest thereby reducing the risk of fatigue-related safety incidents.

December 29, 2023

DOT

Transportation Services for Individuals With Disabilities

DOT is considering whether to amend the accessibility requirements for transportation facilities under the Americans with Disabilities Act of 1990 (ADA) currently contained in Appendix A to DOT's regulations governing transportation services for individuals with disabilities.

January 5, 2024

HHS

Temporary Assistance for Needy Families (TANF) Implementation of Sections 302 and 304 of the Fiscal Responsibility Act (FRA) of 2023

The Administration for Children and Families invites public comments on the possibilities for design and implementation of the new pilot program and work outcomes measures of the FRA, in the TANF program.

January 11, 2024

DOC

Comment Assessing Information Collection and Reporting Burdens

The Department of Commerce is seeking comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden, in accordance with the Paperwork Reduction Act of 1995.

January 22, 2024

NSF

National Ocean Biodiversity Strategy

National Science and Technology Council Subcommittee on Ocean Science and Technology (SOST), requests input from all interested parties to inform the development of a National Ocean Biodiversity Strategy (Strategy), covering the genetic lineages, species, habitats, and ecosystems of United States (U.S.) ocean, coastal, and Great Lakes waters.

February 28, 2024

Last Week

George Santos expelled from the House of Representatives


Senate Republican says GOP is ‘making progress’ with Democrats on border security


US Congress vows to pass massive defense bill, culture wars loom

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Federal Legislative Update

Week of November 27, 2023


Congressional

Outlook

Congress is in session this week, with the Senate and the House returning Monday and Tuesday, respectively. While Congress passed a continuing resolution (CR) earlier this month to keep the federal government open through January 19 and February 2, 2024, lawmakers still have considerable work to do to close out the year over the next three legislative weeks before adjourning on December 15. 

 

The House will consider six bills and three resolutions under suspension of the rules, including the Returning Erroneous COVID Loans Addressing Illegal and Misappropriated (RECLAIM) Taxpayer Funds Act (H.R. 4667), which requires the Small Business Administration to issue guidance to return and track unused and fraudulent Paycheck Protection Program loans. For the remainder of the week, the House will vote on the Protecting our Communities from Failure to Secure the Border Act of 2023 (H.R. 5283), which prohibits federal land from being used to house migrants and also revokes a New York City lease for migrant shelters on federal parkland in Brooklyn; the No Funds for Iranian Terrorism Act (H.R. 5961), which directs the president to impose sanctions against financial institutions that facilitate transactions involving the $6 billion in oil revenue that Iran was previously allowed to access through a September prisoner exchange deal; and a Senate-passed Congressional Review Act disapproval resolution (S.J. Res. 32) nullifying the Consumer Financial Protection Bureau’s final rule requiring lenders to collect and report demographic data on small business loan applicants. The House may also vote on a resolution (H. Res. 878) expelling Representative George Santos(R-N.Y.) from the House.

 

Senate Majority Leader Chuck Schumer (D-N.Y.) sent a “Dear Colleague” letter on Sunday evening outlining items the Senate will likely consider before adjourning for the year on December 15. These include: continued work on FY 2024 spending bill negotiations with House leadership; a national security supplemental funding package providing funding for Ukraine, Israel, the Indo-Pacific region, and southern border policy; the FY 2024 National Defense Authorization Act (NDAA); and a rules change regarding consideration of hundreds of military promotions at one time. The Senate this week will vote on several judicial and executive nominations, including: Jeffrey Bryan to be U.S. District Judge for the District of Minnesota; Margaret Garnett to be U.S. District Judge for the Southern District of New York; and Jose Javier Rodriguez to be Assistant Secretary for Employment and Training at the Department of Labor. 

 

For the remainder of the week, the House and Senate will hold several hearings, including a Senate Judiciary Committee hearing on “The Gun Violence Epidemic: A Public Health Crisis”; a Senate Environment and Public Works Committee hearing on “WRDA 2024: Stakeholder Feedback on USACE Project Partnership Agreements”; a House Budget Committee hearing on “Examining the Need for a Fiscal Commission”; a House Education and the Workforce Subcommittee hearing on “Bad for Business: DOL’s Proposed Overtime Rule”; a House Transportation and Infrastructure (T&I) Subcommittee hearing on “Getting on the Right Track: Navigating the Future of Intercity Passenger Rail in America”; a House T&I Subcommittee hearing on “Turbulence Ahead: Consequences of Delaying a Long-Term FAA Bill”; and a House Energy and Commerce Subcommittee hearing on “Oversight of President Biden’s Broadband Takeover.” 

 

Representative-elect Celeste Maloy (R-Utah) will be sworn-in as the newest member of the House on Tuesday evening. Maloy won a special election on November 21 in Utah’s 2ndcongressional district with 57 percent of the vote, succeeding former Rep. Chris Stewart (R-Utah), who resigned from Congress on September 15 after serving in the chamber for more than ten years. For the first time since late May, the total number of House members will be 435, consisting of 222 Republicans and 213 Democrats.

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 6449


Providing Robust Organics and Diets for Urban Communities Everywhere (PRODUCE) Act

Rep. Rob Menendez Jr. (D-NJ-8)

Expands the Office of Urban Agriculture and Innovative Production’s capacity to assist urban farming operations across the country by increasing discretionary funding to $50 million per year.

H.R. 6450

Natural Disaster Safety Board Act

Rep. Katie Porter (D-CA-47)

Creates an investigative body to study natural disasters and implement policies that could help mitigate harm from future wildfires, hurricanes, earthquakes, and other disasters.

H.R. 6472

Bill to amend the Workforce Innovation and Opportunity Act to codify a grant program to promote and assist in the reentry of justice-involved individuals into the workforce.

Rep. Lloyd Smucker (R-PA-11)

Amends the WIOA to codify a grant program.

H.R. 6473

Bill to Reauthorize the Community Connect Grant Program

Rep. Melanie Stansbury (D-NM-1)

Amends the Rural Electrification Act of 1936 to reauthorize the Community Connect Grant Program.

H.R. 6475

Bill Promoting the Reduction of Health Disparities

Rep. Shri Thanedar (D-MI-13)

Provides for the designation of areas as Health Disparity Zones to reduce health disparities and improve health outcomes in such areas.

Agency

Title

Proposed Regulation

Comment Deadline

OMB

Guidance for Grants and Agreements

OMB is proposing to revise sections of its Guidance for Grants and Agreements, including both policy changes and clarifications to existing guidance. 

December 4, 2023

OSTP

Development of a Federal Environmental Justice Science, Data, and Research Plan

OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.

December 12, 2023

HUD

Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program

HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.

December 18, 2023

DOI

Orphaned Wells Program Office

The Orphaned Wells Program Office (OWPO) invites public comment to help inform its efforts in determining how to best structure the Regulatory Improvement Grant (RIG) program, pursuant to section 40601 of the Infrastructure Investment and Jobs Act

December 19, 2023

Treasury

Coronavirus State and Local Fiscal Recovery Funds

The Department of Treasury is issuing an interim final rule to amend the definition of “obligation” set forth in the Department's regulations with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act of 2021.

December 20, 2023

EPA

Implementing the Supreme Court’s Maui Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System (NPDES) Permit Program

The EPA is issuing for public comment a draft guidance on applying the recent decision of the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund, in the Clean Water Act Section 402 NPDES permit program for point source discharges that travel through groundwater before reaching a water of the United States.

December 27, 2023

FTA

Transit Worker Hours of Service and Fatigue Risk Management

The FTA is considering proposing minimum safety standards to provide protections for transit workers to obtain adequate rest thereby reducing the risk of fatigue-related safety incidents.

December 29, 2023

DOT

Transportation Services for Individuals With Disabilities

DOT is considering whether to amend the accessibility requirements for transportation facilities under the Americans with Disabilities Act of 1990 (ADA) currently contained in Appendix A to DOT's regulations governing transportation services for individuals with disabilities.

January 5, 2024

HHS

Temporary Assistance for Needy Families (TANF) Implementation of Sections 302 and 304 of the Fiscal Responsibility Act (FRA) of 2023

The Administration for Children and Families invites public comments on the possibilities for design and implementation of the new pilot program and work outcomes measures of the FRA, in the TANF program.

January 11, 2024

DOC

Comment Assessing Information Collection and Reporting Burdens

The Department of Commerce is seeking comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden, in accordance with the Paperwork Reduction Act of 1995.

January 22, 2024

NSF

National Ocean Biodiversity Strategy

National Science and Technology Council Subcommittee on Ocean Science and Technology (SOST), requests input from all interested parties to inform the development of a National Ocean Biodiversity Strategy (Strategy), covering the genetic lineages, species, habitats, and ecosystems of United States (U.S.) ocean, coastal, and Great Lakes waters.

February 28, 2024

Last Week

Former GOP congressional aide Celeste Maloy wins Utah House seat


White House announces new actions to support small business: ‘Shop small today’


Tentative Senate calendar for 2024 available

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Federal Legislative Update

Week of November 20, 2023


Congressional

Outlook

Congress is in recess this week, with the Senate and the House returning Monday and Tuesday next week, respectively. While Congress passed a continuing resolution (CR) to keep the federal government open, lawmakers still have considerable work to do to close out the year. 


Congress avoided a federal government shutdown on Wednesday, passing the Furthering Continuing Appropriations and Other Extensions Act, 2024 (H.R. 6363), which provides government funding in a two-step “laddered CRfor fiscal year 2024 through January 19 for four appropriations bills and through February 2 for the remaining eight bills. President Biden signed H.R. 6363 into law on Thursday. Congress also extended the National Flood Insurance Program (NFIP) through February 2, 2024, and the 2018 Farm Bill reauthorization through September 30, 2024. 

 

When Congress returns to finish the first session of the 118th Congress, several critical legislative items are left for the body to address. The operating authority for the Federal Aviation Administration (FAA) was extended until December 31, which puts the FAA reauthorization at the top of the agenda for Congress. While the House passed its bill earlier this year, the Senate is still working out issues over pilot training rules. Added to the trouble is an independent panel report citing an increase in aviation near-misses and making recommendations for the FAA. 


The report also calls out Congress for politically motivated government shutdowns and inadequate funding as core reasons for the challenges. Congress hopes to ride the new momentum of the confirmation of FAA administrator Michael Whitaker to finalize an authorization bill. The National Defense Authorization Act (NDAA) is must-pass legislation with over 60 years of bipartisan support. Both chambers have passed the NDAA, with the House legislation (H.R. 2670) funded at $874.2 billion and the Senate version (S. 2226) at $876.8 billion. As Congress heads to conference, more than just a few billion dollars are separating the bills. The House version has many amendments with no potential of passing in the Senate. The NDAA is likely to receive attention as one of the first legislative initiatives when Congress returns as leaders of the House and Senate Armed Services Committees have been meeting for months. The previous CR extension gave Congress until September 2024 to work out a deal on the 2018 Farm Bill. Funding disagreements loom large, and neither chamber has introduced bill text. One of the major issues around the funding for the bill is for commodity support programs. Republicans want to use $20 billion in Inflation Reduction Act funding for conservation and climate-smart agriculture to boost reference prices in USDA commodity programs. Congress may also act on the Biden administration’s emergency supplemental funding requests from October, including $106 billion for Israel, Ukraine, and the U.S.-Mexico border.

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 6411 & S. 3292

Innovative Materials for America’s Growth and Infrastructure Newly Expanded (IMAGINE) Act

Rep. Seth Magaziner (D-RI-2) & Sen. Sheldon Whitehouse (D-RI)

Encourages the research and use of innovative materials and associated techniques in the construction and preservation of the domestic transportation and water infrastructure system.

S. 3301

The Department of Energy (DOE) and United States Department of Agriculture (USDA) Interagency Research Act

Sen. Ben Ray Lujan (D-NM)

Requires interagency collaboration on activities including environmental science, electric grid modernization, and rural technology development. Overall, this bipartisan legislation will develop partnerships that maximize limited federal research dollars to improve the ability to address key agricultural research needs.

H.R. 6435

Making Aid for Local Disasters Equal Now (MALDEN) Act

Rep. Cathy McMorris Rodgers (R-WA-5)

Ensures that a declaration for a major disaster or emergency is made on a timely basis, rural areas receive assistance.

H.R. 6433

Preserve Access to Rapid Ambulance Emergency Medical Treatment (PARA-EMT) Act

Rep. Marie Gluesenkamp Perez (D-WA-3)

Addresses EMS staffing shortages and makes it easier for experienced veterans to transition from medics to becoming certified paramedics and EMTs.

H.R. 6438

Brownfields Redevelopment Tax Incentive Reauthorization Act

Rep. Mikie Sherrill (D-NJ-11)

Allows state and local governments, nonprofits, or developers to fully deduct the cost of environmental remediation of brownfields, vacant industrial and commercial areas like gas stations that remain undeveloped because of concerns of environmental contamination.

H.R. 6308

Farm to School Act

Rep. Chris Pappas (D-VI-At Large)

Amends the Richard B. Russell National School Lunch Act to reauthorize the farm to school program.

H.R. 6439

Pre-Apprenticeship Wrap-Around Support Services Fund Act

Rep. Adam Smith (D-WA-9)

Directs the Secretary of Labor to make grants to eligible applicants to provide stipends to individuals enrolled in a pre-apprenticeship program.

S. 3309

The Rural Partnership and Prosperity Act

Sen. Bob Casey (D-PA)

Authorizes the Secretary of Agriculture to provide rural partnership program grants and rural partnership technical assistance grants.

S. 3313

The Voter Choice Act

Sen. Michael Bennett (D-CO)

Amends the Help America Vote Act of 2002 to support State and local governments making a transition to ranked choice voting.

S. 3331

The Alleviating Spaceport Traffic by Rewarding Operators (ASTRO) Act 

Sen. Mark Warner (D-VA)

Establishes an intermodal transportation infrastructure pilot program.

S. 3335

Bill to add funds for law enforcement

Sen. Amy Klobuchar (D-MN)

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program to help law enforcement agencies with civilian law enforcement tasks.

Agency

Title

Proposed Regulation

Comment Deadline

OMB

Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence Draft Memorandum

The change would establish new agency requirements in areas of AI governance, innovation, and risk management, and would direct agencies to adopt specific minimum risk management practices for uses of AI that impact the rights and safety of the public.

December 5, 2023

HHS

Revision of HHS National Environmental Policy Act

HHS is proposing a revision to its floodplain management procedures to include climate science if an action takes place in a floodplain.

December 6, 2023

OSTP

Development of a Federal Environmental Justice Science, Data, and Research Plan

OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.

December 12, 2023

HUD

Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program

HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.

December 18, 2023

DOI

Orphaned Wells Program Office

The Orphaned Wells Program Office (OWPO) invites public comment to help inform its efforts in determining how to best structure the Regulatory Improvement Grant (RIG) program, pursuant to section 40601 of the Infrastructure Investment and Jobs Act

December 19, 2023

FTA

Transit Worker Hours of Service and Fatigue Risk Management

The FTA is considering proposing minimum safety standards to provide protections for transit workers to obtain adequate rest thereby reducing the risk of fatigue-related safety incidents.

December 29, 2023

DOT

Transportation Services for Individuals With Disabilities

DOT is considering whether to amend the accessibility requirements for transportation facilities under the Americans with Disabilities Act of 1990 (ADA) currently contained in Appendix A to DOT's regulations governing transportation services for individuals with disabilities.

January 5, 2024

NSF

National Ocean Biodiversity Strategy

National Science and Technology Council Subcommittee on Ocean Science and Technology (SOST), requests input from all interested parties to inform the development of a National Ocean Biodiversity Strategy (Strategy), covering the genetic lineages, species, habitats, and ecosystems of United States (U.S.) ocean, coastal, and Great Lakes waters.

February 28, 2024

Last Week

President Biden Signs Bill into Law Avoiding Government Shutdown



Congress’ dysfunction is making flying riskier, aviation panel says

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Federal Legislative Update

Week of November 6, 2023

Congressional

Outlook

Congress is back in session this week, with the House and the Senate returning today. The federal government will shut down in 12 days without the passage of another short-term spending bill.

 

For the House to pass a funding bill to avoid a shutdown beginning on November 18, Speaker Mike Johnson (R-La.) and House GOP leadership must act soon. One sticking point among House Republicans is adhering to the 72-hour rule, which allows members three days to consider legislation prior to a vote on the House floor. When considering a stopgap Continuing Resolution (CR) to fund the federal government, adhering to the rule may prove critical for the House Republican Conference. The House Republican Conference will meet on Tuesday to discuss options going forward, although House Republicans will very likely wait to place a spending bill on the floor until next week. The Speaker has already indicated that he will likely aim to pass a CR funding the government through mid-January 2024. One option that Speaker Johnson may use is a clean government spending bill. Another potential is a laddered approach to the CR. The laddered CR would extend funding to federal agencies for different periods of time. However, its leading proponent, Rep. Andy Harris (R-Md.), has yet to make clear how long different agencies would receive stopgap funding. The laddered CR has very little potential of passing in the Senate.

 

Speaker Johnson hopes to pass all twelve FY24 appropriations bills by the Nov. 17 government shutdown deadline. Currently, the House has passed 7 bills. This week, the House will consider its versions of the FY 2024 Transportation-HUD (H.R. 4820) and Financial Services-General Government (H.R. 4664) appropriations bills, with the Transportation-HUD bill facing $26 billion in cuts to the agencies. The White House has alreadyissued veto threats for each of these spending bills. Passing these bills would bring the count to 9, leaving the three most contentious bills, the Agriculture-FDA, Commerce-Justice-Science, and Labor-Health and Human Services-Education appropriations bills for potential consideration during the week of Nov. 13. 

 

Last week, the Senate passed a $280 billion Military Construction-VA, Agriculture, and Transportation-HUD “minibus” by an overwhelming vote of 82-15. Last week, the House also passed its version of the FY 2024 Interior-Environment appropriations bill on a near party-line vote of 213-203. The bill includes a $4 billion or 39% spending cut to the Environmental Protection Agency, which has the potential to curtail improvements to drinking water and reductions to water pollution. The White House has already threatened to veto the House version of the bill. House and Senate leaders will need to bridge the gap on funding discrepancies between their respective sets of FY24 spending bills over the next two months to avoid being forced to pass another CR in January.

 

The House will consider six suspension bills, including votes on preservations of land and for two national monuments. The House Republican Conference will also vote on Speaker Johnson’s replacement as Vice Chair of the House GOP Conference on November 8, a position vacated by now-Speaker Johnson when he assumed his new role on Oct. 25. The Senate may also vote to confirm Monica Bertagnolli to be Director of the National Institutes of Health (NIH); Kenly Kiya Kato to be a U.S. District Judge for the Central District of California; Julia Kobick to be a U.S. District Judge for the District of Massachusetts; and Ramon Reyes Jr.  to be a U.S. District Judge for the Eastern District of New York.

 

For the remainder of the week, the Senate will hold several hearings, including an Appropriations Committee hearing on “A Review of the President’s Supplemental Request for the Departments of Health and Human Services and Homeland Security;” an Environment & Public Works hearing on “Understanding Roadway Safety: Examining the Causes of Roadway Safety Challenges and Possible Interventions;” an Environment & Public Works hearing on “Accessing Clean Water Infrastructure Assistance: Small, Rural, Disadvantaged, and Underserved Communities;” and a Commerce, Science, and Transportation Committee hearing on “Sustainable Tourism for a Thriving Economy.” 

 

The states of Kentucky, Mississippi, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and Virginia will hold elections on Tuesday. Among the many races voters will consider this week are governorships, key state legislative seats, and policy issues such as abortion, all of which are sure to have a longstanding impact on next year’s 2024 election. Voters in Rhode Island’s 1st congressional district will elect their new member of Congress for the remainder of the 118th Congress. The Democratic nominee, Gabe Amo, who previously served as the former Deputy Director of the White House Office of Intergovernmental Affairs from January 2021 to April 2023, is likely to win this race in a district President Biden won by 29 percentage points in 2020. Amo’s victory would give Democrats their 213th seat in the House (as compared to the 221 seats currently held by the House GOP majority).


Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 6142

Linking Access to Spur Technology for Agriculture Connectivity in Rural Environments (LAST ACRE) Act

Rep. Brad Finstad (R-MN-1)

Amends the Rural Electrification Act of 1936 to establish a last acre program.

H.R. 6178

Bidirectional Electric Vehicle Charging Act

Rep. Jeff Duncan (R-SC-3)

Requires the Secretary of Energy to develop a National Electric Vehicle Bidirectional Charging Roadmap.

H.R. 6185

Guaranteeing Reliable Infrastructure Development (GRID) Act

Rep. Jeff Duncan (R-SC-3)

Requires coordination among federal agencies on regulatory actions that affect the reliable operation.

H.R. 6194

Cell Site Simulator Warrant Act

Rep. Ted Lieu (D-CA-36)

Amends title 18, United States Code, to regulate the use of cell-site simulators.

H.R. 6198

Building Up Infrastructure for Local Departments (BUILD) Act

Rep. Chris Pappas (D-NH-1)

Supports infrastructure investment in small law enforcement agencies and small fire departments.

H.R. 6199 & S. 3216

Build More Housing Near Transit Act

Rep. Scott Peters (D-CA-50) & Sen. Brian Schatz (D-HI)

Amends title 49, United States Code, to include affordable housing incentives in certain capital investment grants.

H.R. 6202 & S. 3214

Counseling Not Criminalization in Schools Act

Rep. Ayanna Pressley (D-MA-7) & Sen. Christopher Murphy (D-CT)

Diverts federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes.

S. 3206

Bill to study barriers to farmers and ranchers

Sen. Michael Bennet (D-CO)

Provides for a study on the accessibility of substance use disorder treatment and mental health care providers and services for farmers and ranchers.

S. 3208

Biennial Budgeting and Appropriations Act

Sen. Jeanne Shaheen (D-NH)

Provides for a biennial budget process and a biennial appropriations process and to enhance oversight and the performance of the Federal Government.

S. 3210

Supplemental Appropriations to Respond to the Attacks on Israel

Sen. Roger Marshall (R-KS)

Bill would make emergency supplemental appropriations to respond to the attacks in Israel for the fiscal year ending September 30, 2024.

Agency

Title

Proposed Regulation

Comment Deadline

EPA

Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program

The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.

November 24, 2023

FTA / DOT

Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects

The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.

November 24, 2023

NIST

Preventing the Improper Use of CHIPS Act Funding

Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.

November 24, 2023

OMB

Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence Draft Memorandum

The change would establish new agency requirements in areas of AI governance, innovation, and risk management, and would direct agencies to adopt specific minimum risk management practices for uses of AI that impact the rights and safety of the public.

December 5, 2023

HHS

Revision of HHS National Environmental Policy Act

HHS is proposing a revision to its floodplain management procedures to include climate science if an action takes place in a floodplain.

December 6, 2023

OSTP

Development of a Federal Environmental Justice Science, Data, and Research Plan

OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.

December 12, 2023

HUD

Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program

HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.

December 18, 2023

DOI

Orphaned Wells Program Office

The Orphaned Wells Program Office (OWPO) invites public comment to help inform its efforts in determining how to best structure the Regulatory Improvement Grant (RIG) program, pursuant to section 40601 of the Infrastructure Investment and Jobs Act

December 19, 2023

FTA

Transit Worker Hours of Service and Fatigue Risk Management

The FTA is considering proposing minimum safety standards to provide protections for transit workers to obtain adequate rest thereby reducing the risk of fatigue-related safety incidents.

December 29, 2023

DOT

Transportation Services for Individuals With Disabilities

DOT is considering whether to amend the accessibility requirements for transportation facilities under the Americans with Disabilities Act of 1990 (ADA) currently contained in Appendix A to DOT's regulations governing transportation services for individuals with disabilities.

January 5, 2024


Last Week

House proposes slashing $4B from the EPA

 

Senate passes three fiscal 2024 spending bills in 'minibus'

 

There are a ton of elections Tuesday. Here are 10 to watch.

 

Farm bill faces battle as GOP pushes to strip climate, SNAP funding for subsidies

 

Senate Republicans release proposal to overhaul border policies

 

What to watch for in Tuesday’s high-stakes elections

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Federal Legislative Update

Week of October 30, 2023

Congressional

Outlook

Congress is back in session this week, with the House returning Wednesday and the Senate returning today. The government will shut down in 18 days without passage of another short-term spending bill.



After 22 days without a Speaker of the House, Rep. Mike Johnson (R-La.) won the election by a vote of 220-209. Speaker Johnson began his Speakership by saying his “first priority” is avoiding a government shutdown. In doing so, the House Leadership canceled the chamber’s originally scheduled two-week recess and will now be in session from Wednesday to Friday this week and Monday to Thursday next week. House Leadership hopes to finish passage of the chamber’s seven remaining FY 2024 Appropriation bills before the November 17 government funding deadline. Last Thursday, the House passedits FY 2024 Energy and Water appropriations bill. The House has passed five funding bills so far, leaving seven appropriations bills for FY 2024 to pass before November 17. If Congress cannot pass all 12 bills by Nov. 17, the Speaker is on record saying he will aim to pass a Continuing Resolution (CR) funding the government through January 15, 2024.

 

Today, House Republicans introduced a standalone package which includes $14.3 billion in aid to Israel. House GOP leadership expects to introduce the bill early this week and vote on it Thursday. Speaker Johnson has said the aid package will receive an offset from budget cuts elsewhere, including rescinding $14.3 billion in unobligated funding to the Internal Revenue Service (IRS) originally provided by the Inflation Reduction Act (IRA). Questions remain if the House would pass legislation pairing funding for both Ukraine and Israel. While Senate Minority Leader Mitch McConnell (R-Ky.) wants to include aid for Ukraine in a funding package for Israel, his stance places him at odds with Speaker Johnson and some members of his own conference over the strategy. As support wanes among Senate Republicans, Leader McConnell’s approach to the aid package will be one to follow as it may have implications on the passage of short-term government funding legislation as Congress nears the November 17 funding deadline. 

 

The Senate is still considering its $280 billion FY 2024 Agriculture, Military Construction-Veterans Affairs, and Transportation-HUD appropriations “minibus” package, including ten remaining amendments left to vote on. The Senate voted on an amendment from Sen. Mike Braun (R-Ind.) last week to remove Congressionally Directed Spending projects for local and state projects from the minibus spending package. The amendment, which failed 35-62, would have removed $3.8 billion in earmarked dollars from 1,270 projects across the three spending bills. Five Senators who voted for the amendment secured FY24 earmarks for their state during the appropriations process, including Sens. Bill Cassidy (R-La.), Deb Fischer (R-Neb.), John Kennedy (R-La.), John Thune (R-S.D.), and Tommy Tuberville (R-Ala.). After completing the amendment process, including the adoption of 27 amendments, Senate Majority Leader Chuck Schumer said he hopes the upper chamber will pass the package this week. The Senate may also vote to confirm Jack Lew as U.S. Ambassador to Israel.

 

The House will consider six suspension bills, all focusing on the war between Israel and Hamas. On Wednesday evening, the lower chamber will consider its versions of the FY24 Legislative BranchInterior-EPA, and Transportation-HUD appropriations bills. The House Republican Conference will vote on Speaker Johnson’s replacement as vice chair of the Conference on November 8. The House will also potentially vote on three resolutions, including an expulsion motion against Rep. George Santos (R-N.Y.), which requires two-thirds majority support from House members, a censure motion against Rep. Rashida Tlaib (D-Mich.), and a censure motion against Rep. Majorie Taylor Greene (R-Ga.). Speaker Johnson told the House Republican Conference during a Sunday call that he would rather “beat Democrats on policy.” 

 

For the remainder of the week, the Senate will hold several hearings, including an Appropriations Committee hearing on “A Review of the National Security Supplemental Request;” an Environment & Public Works hearing on “The Science of Extreme Event Attribution: How Climate Change Is Fueling Severe Weather Events;” and a Health, Education, Labor, and Pensions Committee hearing on “AI and the Future of Work: Moving Forward Together.” 

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 3032 & S. 3020

Volunteer Driver Tax Appreciation Act

Rep. Pete Stauber (R-MN-8) & Sen. Amy Klobuchar (D-MN)

Legislation would lower the financial burden that those volunteer drivers face by increasing the charitable mileage tax deduction rate for drivers from $0.14 to $0.655 per mile.

S. 3174

Flood Protection and Infrastructure Resilience Act

Sen. Pete Ricketts (R-NE)

Modifies the Department of Agriculture programs to improve flood protection and infrastructure resiliency. 

S. 3146

Reduce Food Loss and Waste Act

Sen. Dick Durbin (D-IL)

Amends the Agricultural Marketing Act of 1946 to establish a voluntary program to reduce food loss and waste. 

H.R. 6107

Urban Canal Modernization Act

Rep. Michael Simpson (R-ID-2)

Allows the Bureau of Reclamation to authorize a 35% non-reimbursable cost share to help repair and rehabilitate “urban canals of concern,” canals through urban areas that would cause significant property damage or possible loss of life if the canal were to fail

H.R. 6098

Energy Choice Act

Rep. Nick Langworthy (R-NY-23)

Prohibits states or local governments from prohibiting the connection, reconnection, modification, installation, or expansion of an energy service based on the type or source of energy to be delivered.

H.R. 6082 & S. 3153

Emergency Advance Payments Modernization Act

Rep. Andrew Garbarino (R-NY-2) & Sen. John Kennedy (R-LA)

Amends the National Flood Insurance Act of 1968 to establish a pilot program to increase the allowable amounts of advance payments under the National Flood Insurance Program.

H.R. 6064 & S. 3122

Don’t Develop Obstructive Infrastructure on our Terrain Act

Rep. Michael Simpson (R-ID-2) & Sen. James Risch (R-ID)

Amends the Federal Land Policy and Management Act of 1976 to provide for the denial of certain applications for solar or wind energy development projects right-of-way applications.

H.R. 6053 & S. 3127

Break Free From Plastic Pollution Act of 2023

Rep. Jared Huffman (D-CA-2) & Sen. Jeff Merkley (D-OR)

Amends the Solid Waste Disposal Act to reduce the production and use of certain single-use plastic products and packaging, to improve the responsibility of producers in the design, collection, reuse, recycling, and disposal of consumer products and packaging, to prevent pollution from consumer products and packaging from entering into animal and human food chains and waterways.

H.R. 6076 & S. 3156

Energy Efficient Manufacturing Act

Rep. Matt Cartwright (R-PA-8) & Sen. Jeff Merkley (D-OR)

Establishes the Financing Energy Efficient Manufacturing Program at the Department of Energy to provide financial assistance to promote energy efficiency and onsite renewable technologies in manufacturing facilities.

S. 3117

Helping Open Underutilized Space to Ensure Shelter (HOUSES) Act of 2023

Sen. Mike Lee (R-UT)

Amends the Federal Land Policy and Management Act of 1976 to authorize the sale of certain Federal land to States and units of local government to address housing shortages.

Agency

Title

Proposed Regulation

Comment Deadline

DOEd

Potential New Program, From Seedlings to Scale (S2S)

Assistance to fund quick-turnaround high-reward, scalable solutions intended to improve education outcomes for all students.

November 13, 2023

DOL

Proposed Overtime Rule

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

November 7, 2023

GSA

Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule

Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.

November 17, 2023

Treasury

Coronavirus State and Local Fiscal Recovery Funds

The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.

November 20, 2023

EPA

Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program

The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.

November 24, 2023

FTA / DOT

Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects

The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.

November 24, 2023

NIST

Preventing the Improper Use of CHIPS Act Funding

Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.

November 24, 2023

OSTP

Development of a Federal Environmental Justice Science, Data, and Research Plan

OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.

December 12, 2023

HUD

Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program

HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.

December 18, 2023

DOI

Orphaned Wells Program Office

The Orphaned Wells Program Office (OWPO) invites public comment to help inform its efforts in determining how to best structure the Regulatory Improvement Grant (RIG) program, pursuant to section 40601 of the Infrastructure Investment and Jobs Act

December 19, 2023

FTA

Transit Worker Hours of Service and Fatigue Risk Management

The FTA is considering proposing minimum safety standards to provide protections for transit workers to obtain adequate rest thereby reducing the risk of fatigue-related safety incidents.

December 29, 2023

Last Week

Mike Johnson elected House speaker, ending 22 days of GOP stalemate

 

Senate rejects Braun amendment to strip ‘minibus’ earmarks


House Republicans pass first government funding bill under new Speaker


House GOP plans to vote Thursday on Israel aid bill


Rep. Mike Johnson says avoiding shutdown is priority as House speaker

 

Rep. Dean Phillips launches long-shot primary challenge to Biden

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Federal Legislative Update

Week of October 23, 2023

Congressional

Outlook

Congress is back in session this week, with the House returning today and the Senate returning on Tuesday. 

 

The House of Representatives has had no Speaker for 20 days, leaving the body paralyzed to act. There are currently nine Speaker candidates: House Majority Whip Tom Emmer (Minn.), House Republican Conference Vice Chair Mike Johnson (La.), House Republican Study Committee Chair Kevin Hern (Okla.), Reps. Byron Donalds (Fla.), Austin Scott (Ga.), Jack Bergman(Mich.), Pete Sessions (Texas), Gary Palmer (Ala.), and Dan Meuser (Pa.). Tonight at 6:30 p.m. ET, the 224 current membersof the House Republican Conference (including the GOP Delegates from Guam and American Samoa and the GOP Resident Commissioner from Puerto Rico) will host an internal candidate forum. House Republicans will use ranked-choice voting on Tuesday morning to select their new Speaker nominee, following the failed Speaker bids of House Majority Leader Steve Scalise (La.) and House Judiciary Committee Chair Jim Jordan (Ohio) over the past two weeks. The third iteration of voting on the House floor, where the nominee will need receive 217 votes to be elected Speaker, will begin as early as Tuesday evening. Chair Jordan (Ohio) lost his designation as the GOP nominee for Speaker on Friday after losing a secret ballot by a vote of 86-112 following three failed votes on the House floor over the course of four days last week. House Majority Whip Emmer is viewed by many observers as the frontrunner for the nomination.

 

The Senate will begin working this week on the Biden Administration’s $106 billion request for an emergency supplemental funding package, according to Senate Majority Leader Chuck Schumer (D-NY). The upper chamber will work to vote on a package including aid for Ukraine ($61.4 billion), Israel ($14.3 billion), border security ($13.6 billion), and humanitarian purposes ($9.15 billion). Including the aid in one package would be the most efficient legislative avenue, however, Democrats will face pushback from Senate Republicans who want to vote on several of the items separately. Added to the issue of how to resolve the supplemental request is that the House is currently without a Speaker, an issue with no end in sight. House Speaker Pro Tempore Patrick McHenry (R-NC) said that House Appropriations Committee Chair Kay Granger (R-Texas) is working on a package for military aid for Israel, Ukraine, Taiwan, and border security. Additionally, the Senate will continue considering the three-bill FY 2024 appropriations “minibus” package (Agriculture, Military Construction – Veterans Affairs, and Transportation – Housing and Urban Development spending bills), which the upper chamber began consideration of on September 12. Lawmakers have one remaining issue to resolve before moving forward with the minibus. Senate Appropriations Committee Vice-Chair Susan Collins (R-ME) expects the Senate to resolve the issue (which she declined to name) by this week and then hold a final vote on the minibus package.

 

If a new Speaker of the House is elected this week, the House will consider five suspension bills, including the Modernizing the Acquisition of Cybersecurity Experts Act of 2023 (H.R. 4502), allowing Federal agencies to establish educational requirements for certain cybersecurity positions in the competitive service. The House will also likely vote on two FY 2024 Appropriations bills, the Legislative Branch Appropriations Act (H.R. 4364) and the Energy and Water Development Appropriations Act (H.R. 4394). The Senate will vote on the nominations of Michael Whitaker to be Administrator of the Federal Aviation Administration and Jessica Looman to be an Administrator of the Department of Labor’s Wage and Hour Division.

 

For the remainder of the week, the Senate will hold several hearings, including a Budget Committee hearing on “Bottlenecks and Backlogs: How Climate Change Threatens Supply Chains;” and a Veterans’ Affairs Committee hearing on “VA Accountability and Transparency: A Cornerstone of Quality Care and Benefits for Veterans.” The House will hold a House Transportation and Infrastructure Subcommittee on Water Resources and Environment hearing on “Water Resources Development Acts: Status of Past Provisions and Future Needs.” 

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

S. 3067

Facilitating Hazard Mitigation Projects Act

Sen. Gary Peters (D-MI)

Requires the Administrator of the Federal Emergency Management Agency to conduct an evaluation and submit to Congress a report on ways to reduce the complexity of the cost effectiveness requirements for hazard mitigation assistance.

H.R. 5980 & S. 3080

Resilient Transit Act of 2023

Rep. Adriano Espaillat (D-NY-13) & Sen. Kirsten Gillibrand (R-NY)

Provides a dedicated stream of federal funding to strengthen resiliency of our nation’s public transportation systems.

S. 3073

Transit Emergency Relief Act

Sen. John Fetterman (D-PA)

Improves the Federal Transit Administration’s (FTA) Emergency Response (ER) Program into parity with the Federal Highway Administration’s (FHWA) program that serves the same purpose for America’s highways and road infrastructure.

H.R. 5989

Rural Health Care Facilities Revitalization Act

Rep. Yadira Caraveo (D-CO-8)

Authorizes rural health facilities to use federal agricultural funds to ensure their long-term financial stability.

H.R. 5997 & S. 3099

Voluntary Streamlined Permitting and Inspection legislation

Rep. Susie Lee (D-NV-3) & Sen. Martin Heinrich (D-NM)

Requires the Secretary of Energy to further develop and support the adoption of a voluntary streamlined permitting and inspection process for authorities having jurisdiction over the permitting of qualifying distributed energy systems.

S. 3082

Water Quality Certification Improvement Act of 2023

Sen. John Barrasso (R-WY)

Amends the Federal Water Pollution Control Act to make changes with respect to water quality certification.

H.R. 6012

Fire Safe Electrical Corridors Act

Rep. Salud Carbajal (D-CA-24)

Allows the U.S. Forest Service to approve the removal of hazardous trees near power lines on federal land without requiring a timber sale, easing a serious threat that has in the past been a major cause of destructive wildfires.

H.R. 6013

Promoting Reduction of Emissions Through Landscaping Equipment Act

Rep. Luis Correa (D-CA-46)

Amend the Internal Revenue Code of 1986 to establish a business tax credit for the purchase of zero-emission electric lawn, garden, and landscape equipment.

Agency

Title

Proposed Regulation

Comment Deadline

FEMA

Programmatic/Class Floodplain Review Procedures for Specific Preparedness Grant Projects

FEMA aims to improve the determination that a programmatic/class review is appropriate for six categories of activities in specific grant programs that do not have an adverse impact individually or cumulatively on floodplain values placing property and persons at risk.

November 3, 2023

FEMA

Simplifying FEMA Preparedness Grants

FEMA aims to improve the management and administration of its preparedness grant programs to continue to assist the nation in building and sustaining capabilities to prevent, prepare for, protect against, and respond to terrorist attacks and other hazards.

November 7, 2023

DOEd

Potential New Program, From Seedlings to Scale (S2S)

Assistance to fund quick-turnaround high-reward, scalable solutions intended to improve education outcomes for all students.

November 13, 2023

DOL

Proposed Overtime Rule

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

November 7, 2023

GSA

Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule

Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.

November 17, 2023

Treasury

Coronavirus State and Local Fiscal Recovery Funds

The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.

November 20, 2023

EPA

Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program

The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.

November 24, 2023

FTA / DOT

Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects

The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.

November 24, 2023

NIST

Preventing the Improper Use of CHIPS Act Funding

Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.

November 24, 2023

OSTP

Development of a Federal Environmental Justice Science, Data, and Research Plan

OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.

December 12, 2023

Last Week

These 9 candidates have joined the House speaker race after Jim Jordan dropped out


Michael Whitaker wins key vote to be next FAA administrator


The White House is asking for almost $106 billion for Israel Ukraine and the border

 

House chaos forces Senate to take the wheel on spending

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Federal Legislative Update

Week of October 16, 2023

Congressional

Outlook

Congress is back in session this week, with the Senate returning today and the House Tuesday. 



The House of Representatives remains without a Speaker since Kevin McCarthy was ousted from the role on Oct. 3 by a vote of 216-210. After narrowly receiving the House GOP Conference’s nomination last Wednesday by a vote of 113-99, House Majority Leader Steve Scalise (R-La.) announced a day later that he would withdraw himself from consideration after failing to receive the remaining votes to reach the 217 vote threshold. That left House Judiciary Committee Chair Jim Jordan (R-Ohio), who re-entered the race for Speaker and beat Rep. Austin Scott (R-Ga.) for the nomination last Friday, by a vote of 124-81. A second vote lowered the number of no votes for Jordan down to 55, and over the weekend, Rep. Jordan and his allies worked to lower the number further. GOP leaders on the House Appropriations and Armed Services Committees originally planned to form a bloc to block Rep. Jordan’s bid to become Speaker. However, the move was short-lived as Speaker nominee Jordan recently won over the votes of House Armed Services Committee Chair Mike Rogers (R-Ala.) and House Appropriations Defense Subcommittee Chair Ken Calvert (R-Calif). Chair Rodgers shared in a message of support for Jordan that they “agreed on the need for Congress to pass a strong NDAA, appropriations to fund our government’s vital functions and other important legislation like the Farm Bill.” As Jordan closes in on the Speaker role, many expect a Tuesday vote on the House floor. When the floor vote occurs Tuesday afternoon, Republican opposition to Speaker nominee Jordan is expected to nominate an alternative option

 

As the House remains at a standstill deciding on a Speaker, the Senate is also facing roadblocks to passing legislation. The upper chamber plans to continue consideration of the three-bill FY 2024 appropriations package (Agriculture, Military Construction – Veterans Affairs, and Transportation – Housing and Urban Development spending bills) which was initially considered beginning on September 12. Many lawmakers are concerned that there will not be enough time to fund the federal government beyond Friday, November 17 and pass aid for Israel and Ukraine. Senate Majority Leader Chuck Schumer (D-NY) announced that he will work to craft the “most generous package possible” to assist Israel and hopes the legislation will pass in the next few weeks. 

 

If a Speaker of the House is elected this week, the House will consider five suspension bills, including the Modernizing the Acquisition of Cybersecurity Experts Act of 2023 (H.R. 4502), allowing Federal agencies to establish educational requirements for certain cybersecurity positions in the competitive service. The House will also vote on two FY 2024 Appropriations bills, the Legislative Branch Appropriations Act (H.R. 4364) and the Energy and Water Development Appropriations Act (H.R. 4394). The Senate will vote on the nominations of Jennifer Hall to be a U.S. District Judge for the District of Delaware, Julia Munley to be a U.S. District Judge for the Middle District of Pennsylvania, and Karla Gilbride to be General Counsel of the Equal Employment Opportunity Commission.

 

For the remainder of the week, the Senate will hold several hearings, including a Banking, Housing, and Urban Affairs Committee hearing on “How Community Development Financial Institutions Promote Housing and Economic Opportunity”; and an Energy and Natural Resources Committee hearing to “Examine the Department of Energy’s Decision-Making Process for Awarding Competitive Loans and Grants Funded Through the Inflation Reduction Act and the Bipartisan Infrastructure Law.” The House will hold an Oversight and Accountability Select Subcommittee on the Coronavirus Pandemic hearing on “Strengthening Biosafety and Biosecurity Standards: Protecting Against Future Pandemics;” and a Small Business hearing on “Burdensome Regulations: Examining the Effects of DOL Rulemaking on America’s Job Creators.” 

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 5915

Improving the Office 

Rep. Alma Adams (D-NC-12)

Amends the Department of Agriculture Reorganization Act of 1994 to improve the Office of Urban Agriculture and Innovative Production.

H.R. 5929

Bill to Permanently Authorize the PILT Program

Rep. Brittany Pettersen (R-CO-7)

Permanently authorize Payments in Lieu of Taxes (PILT) funding. Currently the program must be reauthorized every year, creating the potential for disruption in payments to counties that support essential local government services like education, law enforcement, emergency services, transportation infrastructure, and health care.

H.R. 5934

Streamlining Federal Grants Act

Rep. Barbara Lee (D-WA-3)

Improves the effectiveness and performance of certain Federal financial assistance programs. The bill would standardize and coordinate grant administration across the federal government to make it easier for communities and organizations to apply for grant.

H.R. 5940

Creates a disaster assistance fund for housing and community development

Rep. Al Green (D-TX-9)

Establishes a community disaster assistance fund for housing and community development and to authorize the Secretary of Housing and Urban Development to provide, from the fund, assistance through a community development block grant disaster recovery program.

H.R. 5944

Bill to establish the NOAA offshore aquaculture Center of Excellence

Rep. Nancy Mace (R-SC-1)

Requires the Administrator of the National Oceanic and Atmospheric Administration to establish an assessment program for offshore aquaculture, to establish Aquaculture Centers of Excellence, to require a study and report.

H.R. 5951

Soil Conservation & Regeneration Education (Soil CARE) Act

Rep. Andrea Salinas (D-OR-6)

Requires the Secretary of Agriculture to establish and maintain a training program for Department of Agriculture personnel and third-party providers on the rapidly evolving methodologies, science, and practices of biological soil health management systems on agricultural land.

Agency

Title

Proposed Regulation

Comment Deadline

FEMA

Programmatic/Class Floodplain Review Procedures for Specific Preparedness Grant Projects

FEMA aims to improve the determination that a programmatic/class review is appropriate for six categories of activities in specific grant programs that do not have an adverse impact individually or cumulatively on floodplain values placing property and persons at risk.

November 3, 2023

FEMA

Simplifying FEMA Preparedness Grants

FEMA aims to improve the management and administration of its preparedness grant programs to continue to assist the nation in building and sustaining capabilities to prevent, prepare for, protect against, and respond to terrorist attacks and other hazards.

November 7, 2023

DOEd

Potential New Program, From Seedlings to Scale (S2S)

Assistance to fund quick-turnaround high-reward, scalable solutions intended to improve education outcomes for all students.

November 13, 2023

DOL

Proposed Overtime Rule

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

November 7, 2023

GSA

Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule

Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.

November 17, 2023

Treasury

Coronavirus State and Local Fiscal Recovery Funds

The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.

November 20, 2023

EPA

Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program

The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.

November 24, 2023

FTA / DOT

Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects

The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.

November 24, 2023

NIST

Preventing the Improper Use of CHIPS Act Funding

Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.

November 24, 2023

OSTP

Development of a Federal Environmental Justice Science, Data, and Research Plan

OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.

December 12, 2023

Last Week

Jordan to face a challenger in floor vote Tuesday

 

Austin Scott running for Speaker against Jordan

 

Scalise drops out of race for speaker of the House, leaving Congress in limbo

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Federal Legislative Update

Week of October 10, 2023

Congressional

Outlook

Congress is in recess this week, with the Senate and House returning on Monday and Tuesday, respectively. 



Last Tuesday, Speaker Kevin McCarthy (R-Calif.) was ousted as Speaker of the House. His Speakership lasted only nine months and ended after fellow Republican Rep. Matt Gaetz (R-Fla.) filed a motion to vacate the Speaker. The vote passed 216-210 when eight Republicans joined all Democrats to remove the Speaker. Following the removal of Speaker McCarthy, Rep. Patrick McHenry was selected as Speaker pro tempore until a new Speaker was elected. Here is why all of this is important. With no Speaker of the House, the House of Representatives cannot pass any legislation. Although, some GOP authorities say that the House may pass legislation if they deem it necessary. The 45-day CR Congress passed will expire on November 17, making time limited for Congress to resolve differences and pass long-term government spending. The Farm Bill, Federal Aviation Administration, and National Flood Insurance Program reauthorizations are all legislative items that Congress must act on. Additionally, following an attack on Israel, members from both sides spoke of an urgency to assist Israel.  

 

The frontrunners vying for Speaker are current House Majority Leader Steve Scalise (R-La.) and Judiciary Chair Jim Jordan (R-Ohio). Yesterday, Kevin McCarthy did not rule out returning as Speaker if House Republicans remain at a stalemate. Complicating all of this are some members who have vowed to only vote for Kevin McCarthy as Speaker. However, at a closed-door meeting with House Republicans, former Speaker McCarthy told lawmakers not to nominate him. Only a quarter of the Republican Conference are publicly committed to a candidate. It is unclear who has the inside track to get enough votes (218) to secure the Speakership. The candidate forum will occur tonight. 

 

When the Senate returns next week, it plans to continue consideration of the three-bill appropriations package (Agriculture, Military Construction – Veterans Affairs, and Transportation – Housing and Urban Development). Previously, the Senate attempted to vote on the package but failed to advance after Republican opposition. The upper chamber will also vote on several judgeships.

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 5863

Federal Disaster Tax Relief Act of 2023

Rep. Greg Steube (R-FL-17)

To provide tax relief with respect to certain Federal disasters.

H.R. 5866

S. 3006

Substance Use Disorder and Family Engagement (SAFE) in Recovery Act

Rep. Barbara Lee (D-CA-12) & Sen. Ed Markey (D-MA)

To make care accessible for parents living with substance use disorder (SUD) and prevent family separation.

H.R. 5874

Transboundary Aquifer Assessment Program Reauthorization Act 

Rep. Melanie Stansbury (D-NM-1)

To amend the United States-Mexico Transboundary Aquifer Assessment Act to reauthorize the United States-Mexico transboundary aquifer assessment program.

S. 2915

Enhancing Electric Grid Resilience Act

Sen. Peter Welch (D-VT)

Amends the Federal Power Act to authorize the allocation of the costs of certain interstate electric power transmission lines and electric power transmission lines that are located offshore.

H.R. 5877

USDA Express Loan Act

Rep. Brad Finstad (R-MN-1)

Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to create the USDA Express Guaranteed Farm Ownership and Guaranteed Farm Operating Loan programs, enabling faster access to credit for America's farmers and ranchers.

S. 3023

Soil Conservation and Regeneration Education (Soil CARE) Act

Sen. Jeff Merkley (D-OR)

Establishes and maintain a training program for Department of Agriculture personnel and third-party providers on the rapidly evolving methodologies, science, and practices of biological soil health management systems on agricultural land.

H.R. 5903

A bill to improve wastewater treatment and flood control works

Rep. Grace Napolitano (D-CA-31)

Authorizes the International Boundary and Water Commission to accept funds for activities relating to wastewater treatment and flood control works.

H.R. 5846

Protecting America from Seasonal and Pandemic Influenza Act

Rep. Rick Larsen (D-WA-2)

To bolster the federal response to seasonal and pandemic influenza.

Agency

Title

Proposed Regulation

Comment Deadline

US Army Corps of Engineers / DoD

WRDA Request for Proposals

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

Equitable Delivery of Climate Services

NOAA seeks information on how to enhance their delivery of climate data, information, science, and tools and ensure that this delivery is equitable.

October 21, 2023

FCC

Establishing a 5G Fund for Rural America



The FCC plans to reach the goal of high-speed mobile services through the 5G Fund will allow the Commission to proceed with its plan to transition from mobile legacy high-cost support, which continues to be distributed inefficient.

October 23, 2023

FEMA

Simplifying FEMA Preparedness Grants

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

Proposed Overtime Rule

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

November 7, 2023

GSA

Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule

Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.

November 17, 2023

Treasury

Coronavirus State and Local Fiscal Recovery Funds

The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.

November 20, 2023

EPA

Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program

The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.

November 24, 2023

FTA / DOT

Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects

The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.

November 24, 2023

NIST

Preventing the Improper Use of CHIPS Act Funding

Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.

November 24, 2023

Last Week

Kevin McCarthy ousted as House Speaker in historic vote

 

What to know about the House Speaker race

 

Concerns rise as aid to help low-income families afford broadband nears end

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Federal Legislative Update

Week of October 2, 2023

Congressional

Outlook

Congress worked over the weekend to pass a stopgap government funding bill and avoid a government shutdown. Lawmakers will need to act fast as the continuing resolution President Biden signed into law late Saturday night just hours before a shutdown only funds the government for 45 days.

 

After months of negotiating and political posturing from both chambers and parties, Congress passed the 45-day stopgap spending bill, funding the government through November 17. On Saturday, both chambers passed the Continuing Appropriations Act, 2024 and Other Extensions Act (H.R. 5860) in a bipartisan manner. The House voted to pass the short-term spending bill by a vote 335-91, with all Democrats voting in favor for the extension except for Rep. Mike Quigley (D-Ill.). The Senate followed suit later that afternoon, passing the measure 88-9

 

The legislation funds the government at fiscal year 2023 funding levels and includes $16 billion for emergency disaster assistance. The legislation extends the Federal Aviation Administration (FAA) authorization including $842.1 million for the Airport Improvement Program (AIP), allowing for the planning and development of public-use airports through December 31. Extensions for the National Flood Insurance Program (NFIP), the Temporary Assistance for Needy Families (TANF) program, and programs for disaster response under the Pandemic and All-Hazards Preparedness and Advancing Innovation Act are authorized through November 17. The measure does not include any funding for Ukraine aid despite receiving bipartisan support. House and Senate Republicans also originally hoped to include funding for border security, but that was dropped as lawmakers opted to refrain from attaching less relevant measures to the funding legislation. 

 

Speaker Kevin McCarthy (R-Calif.) expects to receive a challenge to his Speakership from fellow Republican Rep. Matt Gaetz (R-FL). As part of the concessions given to members of his own party to secure the Speakership at the beginning of the 118th Congress, any member can file a motion to vacate against the Speaker. Rep. Gaetz indicated he intends to initiate that motion this week, citing the Speaker’s choice to work alongside Democrats. It is unclear how many supporters Rep. Gaetz will have in his quest to oust the Speaker, nor is it clear if House Democrats will opt to join the Freedom Caucus Republican in removing the Speaker. 

 

The House will consider five suspension bills, including the Modernizing the Acquisition of Cybersecurity Experts Act of 2023 (H.R. 4502), allowing Federal agencies to establish educational requirements for certain cybersecurity positions in the competitive service. The House will vote on two FY 2024 Appropriations bills, the Legislative Branch Appropriations Act (H.R. 4364) and the Energy and Water Development Appropriations Act (H.R. 4394). The Senate will vote on the nominations of James O'Brien to be Assistant Secretary of State to European and Eurasian Affairs, Brendan Hurson to be United States District Judge for the District of Maryland, and Susan DeClercq to be United States District Judge for the Eastern District of Michigan.

 

With the passing of Sen. Diane Feinstein (D-Calif.), Governor Gavin Newsom appointed Laphonza Butler, the president of EMILY’s List, to serve the remainder of Feinstein’s term. The California primary for the seat is March 5; Rep. Adam Schiff, Rep. Katie Porter, and Rep. Barbara Lee are the front runners. Senate Democrats expect to swear in  Laphonza Butler by the middle of the week.

 

For the remainder of the week, the Senate will hold several hearings, including a Commerce, Science, and Transportation Committee nomination hearing for “Michael Whitaker to be Administrator of the Federal Aviation Administration;” a Budget Committee hearing to “Examine the Costs of a Government Shutdown;” and a Commerce, Science, and Transportation Committee hearing “CHIPS and Science Implementation and Oversight.” 

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 5691

Drought Assistance Improvement Act

Rep. Julia Letlow (R-LA-5)

Expands the Emergency Assistance for Livestock, Honey Bees, and Farm-Raised Fish Program (ELAP) coverage for farm-raised fish producers who have experienced losses caused by extreme weather or drought.

H.R. 5698

Assisting Family Farmers through Insurance Reform Measures (AFFIRM) Act

Rep. Earl Blumenauer (D-OR-3)

Caps, clarifies, and better targets federal crop insurance subsidies to small and mid-sized farmers.

H.R. 5724

Civic Corps Act of 2023

Rep. Joe Neguse (D-CO-2)

Amends the National and Community Service Act of 1990 to establish a pilot Civic Corps.

S. 2915

Enhancing Electric Grid Resilience Act

Sen. Peter Welch (D-VT)

Amends the Federal Power Act to authorize the allocation of the costs of certain interstate electric power transmission lines and electric power transmission lines that are located offshore.

S. 2917

Rural Water System Disaster Preparedness and Assistance Act

Sen. Catherine Cortez Masto (D-Nev.)

Helps rural water and wastewater systems better prepare for and respond to natural disasters or other extreme weather events.

S. 2919

Advancing Lifesaving Efforts with Rapid Test (ALERT) strips for Communities Act

Sen. Maggie Hassan (D-NH)

Requires research with respect to fentanyl and xylazine test strips, to authorize the use of grant funds for such test strips.

Agency

Title

Proposed Regulation

Comment Deadline

US Army Corps of Engineers / DoD

WRDA Request for Proposals

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

Equitable Delivery of Climate Services

NOAA seeks information on how to enhance their delivery of climate data, information, science, and tools and ensure that this delivery is equitable.

October 21, 2023

FCC

Establishing a 5G Fund for Rural America



The FCC plans to reach the goal of high-speed mobile services through the 5G Fund will allow the Commission to proceed with its plan to transition from mobile legacy high-cost support, which continues to be distributed inefficient.

October 23, 2023

FEMA

Simplifying FEMA Preparedness Grants

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

Proposed Overtime Rule

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

November 7, 2023

GSA

Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule

Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.

November 17, 2023

Treasury

Coronavirus State and Local Fiscal Recovery Funds

The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.

November 20, 2023

EPA

Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program

The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.

November 24, 2023

FTA / DOT

Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects

The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.

November 24, 2023

NIST

Preventing the Improper Use of CHIPS Act Funding

Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.

November 24, 2023

Last Week

Congress prevents a shutdown just hours before deadline

 

Why a government shutdown is complex for state and local governments

 

Gaetz vows to move to boot McCarthy


Dianne Feinstein, senator from California, dies at age 90

 

California Gov. Newsom will appoint Laphonza Butler to fill Feinstein’s Senate seat

 

Shutdown averted: States, localities breathe a sigh of relief

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Federal Legislative Update

Week of September 25, 2023

Congressional

Outlook

The House and Senate are in session this week, returning Tuesday after the Yom Kippur holiday. Lawmakers have just five days left to pass a short-term continuing resolution (CR) until federal government funding runs out beginning the first day of Fiscal Year (FY) 2024, on October 1. Congressional leaders must maximize every legislative moment as the pressure mounts to pass a short-term extensions of government funding, in addition to temporarily authorizing Federal Aviation Administration (FAA) and Farm Bill programs. As it stands, a government shutdown seems likely as Congress has been unable to resolve differences on funding levels.

 

House Speaker Kevin McCarthy (R-Calif) recently held a GOP conference call to share the plan for the upcoming week. Ultimately, the Speaker wants to pass stopgap funding to give the House more time to pass additional FY24 spending bills and improve the House GOP’s leverage with the Senate when deciding full-year funding. The Speaker plans to take the base text of the previously introduced Continuing Appropriations and Border Security Enhancement Act, 2024 and potentially extend the length of the CR from October 31 to November 15, 2023. The House has scheduled four FY 2024 spending bills for consideration this week. House Republicans have set up debate for the FY24 Defense, Homeland Security, State-Foreign Operations, and Agriculture-Rural Development spending bills, with a total of $3.8 billion in cuts to agriculture and foreign aid programs. It is uncertain if Republican leadership will have the necessary 217 votes to adopt the rule covering debate and amendments to the bills. Tentatively, the House plans to debate and adopt the rule on Tuesday evening, debate and consideration of 440 amendments on the four bills over three days, and then final votes on all four bills on Friday. The most conservative members of the Republican Conference have stated that they will not vote for a CR and are demanding the lower chamber make additional significant cuts to the spending bills and continue voting on the remaining FY24 spending bills. 

 

In the upper chamber, Senate Majority Leader Chuck Schumer (D-NY) will move to use the House-passed Securing Growth and Robust Leadership in American Aviation Act (H.R. 3935), the House version of the five-=year FAA reauthorization bill. The Senate’s own version of the FAA bill has stalled in committee, and Leader Schumer will use the House version of the bill (minus the House-passed language) as a vehicle to pass a CR to extend programs and include disaster relief assistance and Ukraine aid. Failing to extend the FAA’s programs would lead to a furlough of employees, and most airport construction projects would be forced to halt. Senate Commerce, Science, and Transportation Committee Chair Maria Cantwell (D-Wash.) said the FAA will most likely receive a three-month extension this week. House Transportation & Infrastructure Committee Chair Sam Graves (R-Mo.) said that he believes the House will consider a standalone bill extending certain FAA authorities. The U.S. Travel Association estimates that the U.S. economy would lose as much as $140 million per day if a federal government shutdown were to occur. The Senate may choose to extend government funding through at least December. Senate Republicans, including Rand Paul (R-Ky.), have maintained that he will not vote for a continuing resolution that includes additional assistance to Ukraine. 

 

The House will consider two suspension bills, including the Senate-passed Fiscal Year 2024 VA Extenders Legislation (S. 2795), which extends Department of Veterans Affairs authorities related to medical treatment, education benefits, and home loan fees. The House will also vote on the Protecting Hunting Heritage and Education Act (H.R. 5110), allowing elementary schools to use federal aid for archery, hunting, other shooting sports, or culinary arts.

 

For the remainder of the week, the Senate will hold several hearings, including a Banking, Housing, and Urban Affairs hearing on “The State of Flood Insurance in America.”

The House will hold a Transportation & Infrastructure hearing on “Clean Water Infrastructure Financing: State and Local Perspectives and Recent Developments;” and a Veterans’ Affairs Committee hearing on “VA’s Fiduciary Program: Ensuring Veterans’ Benefits are Properly Managed.”

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 5533 & S. 2834

Healthy at Home Act of 2023

Rep. Joe Courtney (D-CT-2) & Sen. Richard Blumenthal (D-CT)

Improves the health, safety, and habitability of our country’s federally-assisted housing.

H.R. 5446

Justice for Angel Families Act

Rep. Troy Nehls (R-TX-22)

Authorizes grants for crime victims to be distributed to angel families,

S. 2852

Flood Insurance Affordability Act

Sen. Rick Scott (R-FL)

Requires the Federal Emergency Management Agency (FEMA) to offer an option to pay their flood insurance premiums monthly, rather than in a larger lump sum once a year.

S. 2879

End Diaper Need Act of 2023

Sen. Tammy Duckworth (D-IL)

Assists low-income families to address diaper need by providing targeted funding for states, territories and other eligible entities

H.R. 5572 & S. 2838

Civilian Climate Corps for Jobs and Justice Act

Rep. Alexandria Ocasio-Cortez (D-NY-14) & Sen. Jeff Merkley (D-OR)

Amends the National and Community Service Act of 1990 to establish a Civilian Climate Corps to help communities respond to climate change and transition to a clean economy.

H.R. 5455

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,

H.R. 5657 & S. 2889

NO TIME TO Waste Act

Rep. Chellie Pingree (D-ME-1) & Sen. Chris Coons (D-DE)

Supports food recovery and preventing food waste through research, public-private partnerships, and enhanced government coordination.

H.R. 5678

Service Starts at Home Act

Rep. Andy Kim (D-NJ-3)

This bill would help students serve in their hometowns and provide hands-on learning opportunities throughout the country by creating a grant program through the Department of Education to support paid internships at the local government level.

H.R. 5618 & S. 2893

Clean Energy Victory Bonds Act

Rep. Zoe Lofgren (D-CA-28) & Sen. Jeff Merkley (D-OR)

Directs the U.S. Secretaries of Treasury, Energy, and Defense to develop and issue $50 billion in Clean Energy Victory Bonds that support energy efficiency, solar, wind, geothermal, and electric vehicle efforts.

H.R. 5664

Water Infrastructure Finance and Innovation Act Amendments of 2023

Rep. Kim Schrier (D-WA-8)

Reauthorizes the Water Infrastructure Finance and Innovation Act of 2014 and restore WIFIA funding and financing eligibility to state entities and non-federal cost shares in federally involved projects.

Agency

Title

Proposed Regulation

Comment Deadline

US Army Corps of Engineers / DoD

WRDA Request for Proposals

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

Equitable Delivery of Climate Services

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

Simplifying FEMA Preparedness Grants

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

Proposed Overtime Rule

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

November 7, 2023

GSA

Updated Guidance for Non-Federal Entities Access to Federal Supply Schedule

Updates and clarifies the requirements for use of Federal Supply Schedule (FSS) contracts by eligible non-Federal entities, such as State and local governments.

November 17, 2023

Treasury

Coronavirus State and Local Fiscal Recovery Funds

The guidance would implement the amendments made by the Consolidated Appropriations Act, 2023 with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act.

November 20, 2023

EPA

Proposed Design of a New Grant Program Regarding the Health Care Provider (HCP) Training Program

The new training program creates a cooperative agreement to help medical professionals better prevent, recognize, treat, and manage pesticide-related illness.

November 24, 2023

FTA / DOT

Programmatic Assessment of Greenhouse Gas Emissions From Transit Projects

The guidance provides a framework for agencies to consider the effects of a proposed action on climate change, as indicated by its estimated GHG emissions. It also advises agencies to assess the effects of climate change on their proposed actions.

November 24, 2023

NIST

Preventing the Improper Use of CHIPS Act Funding

Implement conditions in the Act that seek to prevent funding provided through the program from being used to directly or indirectly benefit foreign countries of concern.

November 24, 2023


Last Week

Four spending bills readied for House floor amid stopgap uncertainty

 

Lawmakers are trying these 3 plans to fund the government

 

Past Government Shutdowns: Key Resources

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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

H.R. 5407

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.

S. 2790

Office of Disaster Recovery and Resilience Act

Sen. Alex Padilla (D-CA)

Reforms rural housing programs, and for other purposes.

H.R. 5425

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.

H.R. 5437

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.

H.R. 5446

Justice for Angel Families Act

Rep. Troy Nehls (R-TX-22)

Authorizes grants for crime victims to be distributed to angel families.

H.R. 5455

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,

S. 2779

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.

H.R. 5473

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.

H.R. 5466 & S. 2798

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.

H.R. 5463

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

WRDA Request for Proposals

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

Equitable Delivery of Climate Services

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

Simplifying FEMA Preparedness Grants

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

Proposed Overtime Rule

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

 

Another doomed GOP spending plan collapses

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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

H.R. 5344

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.

S. 2723

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.

H.R. 5354

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.

H.R. 5355

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.

H.R. 5356

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.

H.R. 5359

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.

H.R. 5360

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.

H.R. 5371

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

WRDA Request for Proposals

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

Simplifying FEMA Preparedness Grants

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

Proposed Overtime Rule

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’

 

The House is back

 

What happens if the National Flood Insurance Program (NFIP) lapses

 

Biden to nominate Whitaker to lead the FAA

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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

H.R. 5009

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

H.R. 5137

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.

H.R. 5098 & S. 2572

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.

H.R. 5186 & S. 1161

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.

H.R. 5242

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.

H.R. 5252

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.

H.R. 5304

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.

H.R. 5315

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.

H.R. 5325

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

Responsible Carbon Management Initiative

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

WRDA Request for Proposals

The Water Resources Development Act of 2020 directs the Secretary of the Army to implement a pilot program for carrying out projects under a continuing authority program for economically disadvantaged 

October 20, 2023

Last Week

Congress poised for messy September as McCarthy races to avoid government shutdown

 

McConnell concedes farm bill will be late; Stabenow eyes year-end

 

Biden wants an extra $4 billion for disaster relief, bringing the total request to $16 billion

 

Congress returns for a chaotic September

 

McCarthy faces political minefield on Biden impeachment

 

Sen. McConnell’s health episodes show no evidence of stroke or seizure disorder, Capitol doctor says

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FEDERAL LEGISLATIVE UPDATE

Week of July 31, 2023

*Publishing Update*

The NSDC Weekly Federal Legislative Update will pause publication during the congressional August recess and will return to your inbox on Tuesday, September 5th. The Senate returns to Washington on September 5th and the House on September 12th.


See you next month!


FEDERAL LEGISLATIVE UPDATE

Week of July 24, 2023

Congressional
Outlook

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

H.R. 4686

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.

S. 2333

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.

H.R. 4718 & S. 2334

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.

H.R. 4733 & S. 2383

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.

H.R. 4736

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,

H.R. 4745

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.

S. 2391

National Flood Insurance Program (NFIP) Extension Act of 2023

Sen. John Kennedy (R-LA)

Prevents the NFIP from expiring on September 30, 2023.

H.R. 4773

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.

S. 2395

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

Noise Policy Review

The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.

July 31, 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)

IRS

Direct Pay & Transferability Mechanisms

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

 

Biden threatens veto on GOP spending bills


FEDERAL LEGISLATIVE UPDATE

Week of July 17, 2023

Congressional
Outlook

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

H.R.4646

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. 

H.R.4636

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.

H.R.4596

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.

S.2286

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.

H.R.4584

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.

H.R.4592

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.

S.2250

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).

H.R.4540

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.

S.2238

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

Ocean Justice Strategy

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

Noise Policy Review

The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.

July 31, 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)

IRS

Direct Pay & Transferability Mechanisms

The IRS issued proposed regulations on direct pay and transferability mechanisms that will help local governments and other eligible entities access clean energy tax credits.

August 14, 2023

Army Corps of Engineers

Pilot Program for Continuing Authority Projects in Small or Disadvantaged Communities

The Corps is requesting proposals for the pilot program for carrying out projects under a continuing authority program for economically disadvantaged communities.



August 21, 2023

Last Week

NDAA narrowly passes House after controversial amendment votes

 

5 takeaways from POLITICO’s FAA reauthorization event

 

Murray, Collins strike deal on fiscal 2024 emergency funds

 

EPA proposes stricter regulations on lead exposure in residential buildings


FEDERAL LEGISLATIVE UPDATE

Week of July 10, 2023

Congressional
Outlook

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

H.R.4431

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.

H.R.4455

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.

H.R.4417

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.

H.R.4403

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

Ocean Justice Strategy

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

Direct Pay & Transferability Mechanisms

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

Noise Policy Review

The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.

July 31, 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)

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


FEDERAL LEGISLATIVE UPDATE

Week of June 26, 2023

Congressional
Outlook

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

S. 1995

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.

S. 1988

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.

S. 1930

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.

H.R. 4088 & S. 1991

Water for Conservation and Farming Act

Sen. Ron Wyden (D-OR)

Provides for drought preparedness and improved water supply reliability.

H.R.4098

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

Ocean Justice Strategy

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

Department of Transportation Equity Action Plan Update

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

Noise Policy Review

The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.

July 31, 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)

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

 

The Supreme Court’s biggest decisions are coming. Here’s what they could say


White House announces funding to boost internet connectivity nationwide


FEDERAL LEGISLATIVE UPDATE

Week of June 19, 2023

Congressional
Outlook

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

S. 1995

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.

S. 1988

Volunteer First Responder Housing Act

Sen. Tammy Baldwin (D-WI)

Expands eligibility for certain housing programs for qualified volunteer first responders.

S. 1930

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.

H.R. 4088 & S. 1991

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.

H.R.4098

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

Noise Policy Review

The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.

July 31, 2023

Council on Environmental Quality

Ocean Justice Strategy

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

Recycling Infrastructure & Market Opportunities

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

Department of Transportation Equity Action Plan Update

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


FEDERAL LEGISLATIVE UPDATE

Week of June 5, 2023

Congressional
Outlook

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

H.R. 3756

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.

H.R. 3758

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.

H.R. 3759

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. 

S. 1764

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

Noise Policy Review

The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.

July 31, 2023

EPA

Draft National Strategy to Prevent Plastic Pollution

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

Recycling Infrastructure & Market Opportunities

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

Department of Transportation Equity Action Plan Update

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


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

Congressional
Outlook

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

H.R. 3507 & S. 1688

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

H.R. 3675

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

H.R. 3480

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. 

H.R. 3673

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

Noise Policy Review

The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.

July 31, 2023

EPA

Draft National Strategy to Prevent Plastic Pollution

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

Recycling Infrastructure & Market Opportunities

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


FEDERAL LEGISLATIVE UPDATE

Week of May 22, 2023

Congressional
Outlook

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

S. 1144 & H.R. 3184

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.

S.546 & H.R. 3325

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.

H.R. 3360

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.

S. 1695

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.

H.R. 3376

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

Noise Policy Review

The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.

July 31, 2023

EPA

Draft National Strategy to Prevent Plastic Pollution

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

Recycling Infrastructure & Market Opportunities

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


FEDERAL LEGISLATIVE UPDATE

Week of May 15, 2023

Congressional
Outlook

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

S. 1389

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.

S.1399

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.

S. 1387

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.

S. 1449

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.

S. 1448

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

Noise Policy Review

The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.

July 31, 2023

EPA

Draft National Strategy to Prevent Plastic Pollution

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

Recycling Infrastructure & Market Opportunities

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


FEDERAL LEGISLATIVE UPDATE

Week of May 8, 2023

Congressional
Outlook

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

H.R.3059

Resilient Airports Act

Rep. Derek Kilmer (D-WA-6)

Improves emergency and disaster response capabilities at airports nationwide, including those located in rural communities.

H.R. 2

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.

S.1430

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.

S.1417

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

S.1453 & H.R. 1837

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.

S.1440 H.R.3092

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

Noise Policy Review

The FAA is reviewing our noise policy as part of our ongoing commitment to address aircraft noise.

July 31, 2023

EPA

Draft National Strategy to Prevent Plastic Pollution

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


FEDERAL LEGISLATIVE UPDATE

Week of May 1, 2023

Congressional
Outlook

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

H.R. 3002

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.

H.R. 2994

Returning Home Act

Rep. Nanette Barragán (D-Calif.-44)

Provides resources to communities to secure housing for individuals returning from incarceration.

S.1380

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.

H.R. 2945 / S. 1379

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.

H.R. 2899

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.

H.R. 2921

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


FEDERAL LEGISLATIVE UPDATE

Week of April 10, 2023

Congressional
Outlook

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

H.R. 2539

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.

H.R. 1824

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


FEDERAL LEGISLATIVE UPDATE

Week of April 3, 2023

Congressional
Outlook

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

S. 1149

Recovering America’s Wildlife Act

Sens. Heinrich and Tillis

Provides more than $1.4 billion a year for wildlife conservation and endangered species restoration.

H.R. 1837

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

H.R. 1814S. 977

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.

S.1005

Weatherization Assistance Program Improvements Act

Sen. Reed

Amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes.

H.R. 1840S. 1016

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.

H.R. 1824

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


FEDERAL LEGISLATIVE UPDATE

Week of March 27, 2023

Congressional
Outlook

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

H.R. 1241

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. 

H.R. 1236S.540

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.

H.R. 1407

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.”

H.R. 1520

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.

H.R. 1721S. 806

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


FEDERAL LEGISLATIVE UPDATE

Week of March 13, 2023

Congressional
Outlook

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

 

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

 

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

 

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

 

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

Last Week

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


FEDERAL LEGISLATIVE UPDATE

Week of February 27, 2023

Congressional
Outlook

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

 

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

 

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

 

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

Last Week

Fiscal Hawks Push Earmark Limits READ MORE


House GOP mulls putting ‘woke’ earmarks on chopping block READ MORE


Biden to talk to congressional Democrats this week about combating GOP policies READ MORE


Biden-Harris Administration Announces $550 Million to Advance Environmental Justice READ MORE


What history says about debt standoffs READ MORE


Congressional Transportation Republicans Welcome New FHWA Memo READ MORE


FEDERAL LEGISLATIVE UPDATE

Week of February 21, 2023

Congressional
Outlook

Both chambers are in recess until Monday, February 27. 

 

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

 

The deadlines for the Subcommittee are as follows.

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

 

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

 

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

 

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

Last Week

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


Cities appealing 2020 census count garner only small wins READ MORE


Biden administration open to legislation after Ohio derailment READ MORE


Rhode Island Rep. David Cicilline to leave Congress READ MORE


Aides, gov's office expect Fetterman to return to Senate READ MORE


FEDERAL LEGISLATIVE UPDATE

Week of February 13, 2023

Congressional
Outlook

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

 

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

 

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

 

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

Last Week

Republicans plot a comeback for earmarks – with a twist

Schumer: Democrats won’t play ‘brinkmanship’ over debt ceiling deal READ MORE


White House Highlights Infrastructure Progress in Every Corner of the Country, Updates State-by-State Fact SheetsREAD MORE


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


GOP races from Medicare, Social Security third rail READ MORE


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


Fetterman leaves hospital, will return to Senate next weekREAD MORE


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


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


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


Interior Department Takes Action to Strengthen Endangered Species Act READ MORE


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


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


FEDERAL LEGISLATIVE UPDATE

Week of February 6, 2023

Congressional
Outlook

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

 

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

 

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

 

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

 

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

 

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

Last Week

Biden and McCarthy hold ‘first good’ meeting on debt ceiling, but ‘no agreements, no promises’ READ MORE


Biden to address divided Congress during State of the Union READ MORE


White House budget set for early March delivery READ MORE


Five things Biden is likely to say and not say in the State of the Union READ MORE


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


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


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


FEDERAL LEGISLATIVE UPDATE

Week of January 30, 2023

Congressional
Outlook

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

 

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

 

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

 

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

 

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

Last Week

McCarthy says he’ll meet Biden on Wednesday to talk debt ceiling READ MORE


Senate’s slow start to 2023 rolls on READ MORE


House GOP grits its teeth for the ‘big lift’: A budget battleREAD MORE


Schumer plots debt ceiling course against McCarthy READ MORE


House Dems tap Hoyer to lead new regional council READ MORE


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


FEDERAL LEGISLATIVE UPDATE

Week of January 23, 2023

Congressional
Outlook

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

 

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

 

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

 

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

Last Week

Biden, McCarthy to meet on debt limit as Yellen warns of consequences READ MORE


Jeffries submits Schiff, Swalwell for Intel panel, forcing fight with McCarthy READ MORE


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


FEDERAL LEGISLATIVE UPDATE

Week of January 17, 2023

Congressional
Outlook

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

 

Debt limit

 

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

 

118th Congressional Committees

 

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

Last Week

Debt limit battle set to dominate 2023 fiscal agenda READ MORE


Guide to House committee chairs for 118th Congress READ MORE


House Republicans gear up for a debt ceiling fight, clashing with Democrats READ MORE


Meet the House GOP's appropriations 'cardinals': The 12 subcommittee chairs READ MORE


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


FEDERAL LEGISLATIVE UPDATE

Week of January 9, 2023

Congressional
Outlook

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

 

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

 

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

 

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

 

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

Last Week

McCarthy elected House speaker after days of negotiations and failed votes READ MORE


Fresh off speaker battle, GOP looks to pass rules packageREAD MORE


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


FEDERAL LEGISLATIVE UPDATE

Week of December 19, 2022

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

Congressional
Outlook

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

 

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

 

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

 

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

Last Week

Top appropriators clinch deal on government funding framework READ MORE

 

Omnibus spending package dropping Monday READ MORE

 

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

 

Jan. 6 committee finalizes criminal referral plan for TrumpREAD MORE


FEDERAL LEGISLATIVE UPDATE

Week of December 12, 2022

Congressional
Outlook

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

 

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

 

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


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

 

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


Last Week

Parties play chicken on omnibus as shutdown deadline approaches READ MORE

 

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

 

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

 

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

 

Manchin’s last-gasp permitting effort fails READ MORE

 

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

 

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

FEDERAL LEGISLATIVE UPDATE

Week of December 5, 2022

Congressional
Outlook

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

 

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

 

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

 

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


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


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

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



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

Last Week

House GOP votes down earmark ban proposal READ MORE

 

NDAA coming Monday, Smith pledges it will pass READ MORE

 

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


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

FEDERAL LEGISLATIVE UPDATE

Week of November 21, 2022

Congressional
Outlook

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


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


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


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


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


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


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


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

Last Week

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

FEDERAL LEGISLATIVE UPDATE

Week of October 3, 2022

Congressional
Outlook

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

 

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

 

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

Last Week

Biden signs spending bill that averts government shutdown READ MORE

 

Manchin backs off permitting reform in spending bill READ MORE

 

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

 

Senate preps piecemeal plan for NDAA READ MORE


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

 

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


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

FEDERAL LEGISLATIVE UPDATE

Week of September 19, 2022

Congressional
Outlook

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


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

 

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

 

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

 

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

 

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

Last Week

With Shutdown Deadline Looming, Funding Bill Bogs Down READ MORE

 

Permitting overhaul in peril as funding deadline looms READMORE

 

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

 

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

FEDERAL LEGISLATIVE UPDATE

Week of September 12, 2022

Congressional
Outlook

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


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

 

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

 

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

 

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


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

Last Week

Senate to move on marriage equality, House reconvenes READ MORE


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


House reopens floor tours in latest step toward normalcy READ MORE


Senate leans toward Dec. 16 stopgap funding bill READ MORE


Progressive opposition grows ahead of permitting bill release READ MORE


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

FEDERAL LEGISLATIVE UPDATE

Week of September 6, 2022

Congressional
Outlook

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

 

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

 

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

 

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

 

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

Last Week

Biden signs Inflation Reduction Act into law READ MORE

 

Democrats eye vote on marriage equality as Senate reconvenes READ MORE

 

President Biden Announces Student Loan Relief for Borrowers READ MORE

 

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

 

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

 

Biden administration unveils plan for bolstering semiconductor production READ MORE

 

Seven races that could determine control of the House READ MORE

FEDERAL LEGISLATIVE UPDATE

Week of August 15, 2022

Congressional
Outlook

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

 

We hope you are having a happy and safe summer!

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

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

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

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

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

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

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

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

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

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

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

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

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

NSDC Federal Legislative Update

FEDERAL LEGISLATIVE UPDATE
Week of June 13, 2022
Congressional
Outlook
 Congress is in session this week.
 
The action driving the week is a bipartisan agreement on a “framework” for a gun-control package. The deal agreed to by a group of 20 senators (10 Democrats and 10 Republicans), led by Sens. Chris Murphy (D-CT), John Cornyn (R-TX), Kyrsten Sinema (D-AZ), and Thom Tillis (R-NC), would feature the most significant changes to federal gun laws since the assault weapons ban of 1994. Specifically, the package would aid states in setting up their own “red flag” laws, provide billions in funding for mental health and school safety resources, close the “boyfriend loophole,” add limits to illegal weapons trafficking, enhance background checks for buyers under 21, increase scrutiny on gun sellers evading licensing requirements, and other measures. The joint statement from the working group of 20 senators said of the deal, “our plan saves lives while also protecting the constitutional rights of law-abiding Americans.” The framework is said to have the 10 Senate Republican votes needed to reach the 60-vote threshold to overcome a filibuster in the Senate, and some speculate the number could grow to as high as 20. The announcement on Sunday marks a critical first step, and now lawmakers must write and unveil the text of the legislation, expected in the next few days. To pass this legislation before the July 4th recess, Senate Majority Leader Chuck Schumer (D-NY) will need to bring the bill to the floor by the end of this week to clear all procedural hurdles.
 
The House will vote on five bills under suspension of the rules, including the Small State and Rural Rescue Act (H.R. 7211), which expands and codifies the responsibilities of FEMA’s Small State and Rural Advocate when helping state and local officials access federal disaster aid. For the remainder of the week, the House will vote on the Recovering America’s Wildlife Act of 2022 (H.R. 2773), which makes state, local, and tribal governments eligible for funding to support wildlife recovery and conservation efforts; the Financial Services Racial Equity, Inclusion, and Economic Justice Act (H.R. 2543), which requires financial institutions and federal banking regulators to disclose their diversity practices and take additional steps to foster equity and inclusion; and the Lower Food and Fuel Costs Act (HR 7606), which addresses food and fuel inflation and meat industry consolidation; the Recovering America’s Wildlife Act of 2022 (H.R. 2773), which makes state, local, and tribal governments eligible for funding to support wildlife recovery and conservation efforts.   The Senate will continue consideration of the House-passed Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2021 (HR 3967), which addresses health care matters for veterans exposed to toxic substances during their military service.
  
The House Appropriations Committees will begin marking up the 12 annual government funding bills this week. Starting Wednesday, six of the 12 bills will receive a markup, including the Defense, Legislative Branch, Military Construction-VA, Agriculture-FDA, Homeland Security, and Financial Services spending bills. The bill text should be released 24 hours before the Subcommittee markup. For the remainder of the week, the House and Senate will hold several committee hearings, including a Senate Energy and Natural Resources Committee hearing on “Short And Long Term Solutions To Extreme Drought In The Western U.S.;” and a House Agriculture Committee hearing on “A 2022 Review of the Farm Bill: Stakeholder Perspectives on Non-SNAP USDA Nutrition Programs.” Tomorrow, the states of Maine, Nevada, North Dakota, and South Carolina will hold primary elections. 
Last Week
U.S. Department of Transportation Open Applications for New Competitive Bridge Investment Program READ MORE
 
Senators strike bipartisan gun safety agreement READ MORE
 
The House passes a gun control bill in response to the Buffalo and Uvalde shootings READ MORE
 
House passes red flag gun legislation in mainly party-line vote READ MORE
 
Lawmakers struggle to address food inflation READ MORE
 
FDA: Pfizer, Moderna vaccines for kids under 6 are safe, effective READ MORE
 
House Select Committee on January 6 holds primetime hearing READ MORE
 
6 midterm questions to answer this week READ MORE
 
Senate confirms Jacobs-Young as USDA undersecretaryREAD MORE
 
Senate Confirms Kenneth Wainstein to Lead DHS Intelligence and Analysis READ MORE
 

NSDC Federal Legislative Update

FEDERAL LEGISLATIVE UPDATE
Week of May 31, 2022
Congressional
Outlook
Congress is out of session following Memorial Day.
 
Even with Congress out, the House Judiciary Committee will hold an emergency hearing on Thursday to mark up a gun-control bill called the Protecting Our Kids Act. The package will consider a wide range of gun-control measures, including raising the lawful age of purchasing a semiautomatic rifle from 18 to 21 years old, creating limits and regulations to bump stocks, placing higher penalties for gun trafficking, and other methods to lower gun violence. While the House will bring the omnibus bill for a vote early next week, the Senate will not receive enough votes to reach the 60-vote threshold. Senator Chris Murphy (D-CT) sighted his optimism about passing gun legislation following the Uvalde and Buffalo mass shootings. “There is more interest in talking about finding a path forward this time than I have ever seen,” Murphy said in an interview. Senate Minority Leader Mitch McConnell (R-KY) directed Sen. John Cornyn (R-TX) to work on a legislative proposal with the White House and Senate Democrats on a potential compromise. Sens. Murphy and Cornyn will work on a narrower package, including “red flag” laws and the expansion of background checks. Many believe there is growing openness from Senate Republicans to support “red flag” laws, but limited confidence exists around background checks. 
 
Today, President Joe Biden will meet with Federal Reserve Chairman Jerome Powell as inflation continues to impact the country. Many continue to speculate on what is to blame for inflation. Some point to delays in the supply chain emerging due to the pandemic. At the same time, others criticized the $1.9 trillion coronavirus relief package for pushing too much money into the economy as the primary source of inflation. President Biden published an op-ed laying out a three-step plan. First, Biden calls for the Federal Reserve to serve as the lead in fighting inflation, the second revolves around making goods more affordable, and the third part comes through what the President calls “common-sense reforms to the tax code.” The plan will need Congress’ support for most of the actions. As noted previously, Congress has a limited amount of time to implement any legislative priorities with the mid-terms in November. 
 
When Congress returns on June 6, most of the attention will remain on gun control and abortion rights. Congress will also focus on finalizing a conference report reconciling differences between the Senate-passed United States Innovation and Competition Act (USCIA) of 2021 (S. 1260) and the House-passed America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (America COMPETES) Act of 2022 (H.R. 4521). Speaker of the House Nancy Pelosi (D-CA) remarked on her hopes to pass a final version by the July 4 Independence Day Holiday. States across the country will continue primary elections before the November mid-term elections. Finally, Member offices are posting their selected Congressionally Directed Spending/Community Project Funding requests for Fiscal Year 2023.
Last Week
Biden to meet Fed chair as inflation bites US pocketbooksREAD MORE
 
House Democrats to move slate of gun bills this week READ MORE
 
Biden lays out plan to fight inflation READ MORE
 
What 2022’s primary results tell us about both parties READ MORE
 
Biden seeking gun-control compromise with GOP after Uvalde, Texas, school shooting READ MORE
 
The June primaries already ballooning with big money READ MORE

NSDC Federal Legislative Update


FEDERAL LEGISLATIVE UPDATE
Week of May 23, 2022
Congressional
Outlook
The Senate is in session, the House is out until June 7. With the House out, the Senate will work on several issues including, domestic terrorism, COVID-19 funding, and the potential of a recession.
 
On Tuesday, Senate Majority Leader Chuck Schumer (D-NY) will file a cloture motion on the Domestic Terrorism Prevention Act of 2022 (H.R. 350), which creates units inside the Department of Justice, FBI, and the Justice Department passed in the House last Thursday 222-203, with Adam Kinzinger (R-IL) as the lone Republican vote. Many Republicans have opposed the legislation, as they believe it will lead to the targeting of parents who have criticized their school boards, which stems from a Department of Justice memo highlighting the threats to school boards. Republican opposition is critical to the Thursday Senate vote as legislation would need at least 10 votes to pass the chamber. Passage of the bill is highly unlikely.
 
Regarding COVID-19 funding, Senate Republicans continue to demand a vote on Title 42, a pandemic-related immigration restriction impacting asylum seekers on the southern border with Mexico before acting on any additional pandemic-related funds. On Friday, a federal judge blocked the Biden Administration from ending the public health authority. The U.S. Centers for Disease Control and Prevention announced that it was no longer necessary to uphold the order, this however faced significant pushback from both Republicans and Democrats, fearing a migrant surge in response. The Justice Department released a statement of their plans to appeal the decision. The White House continues to maintain the country is in desperate need to restock tests, therapeutics, and vaccines. Majority Leader Schumer hopes the House will act first on the bill, but that would mean any action on COVID-19 funding would not see action until the second week of June.
 
Other potential action includes emergency funding legislation to address the infant formula shortage triggered by supply chain issues. The House-passed legislation the Infant Formula Supplemental Appropriations Act (H.R. 7790), provides $28 million to the Food and Drug Administration to address shortages and prevent future shortages but faces challenges for Senate-passage. On Saturday, President Biden signed into law the Access to Baby Formula Act of 2022 (H.R. 7791), allowing the purchase of more formula with money from a federal program aiding low-income women, infants, and children. In addition, the Senate will vote on the confirmation on Stephanie Davis to be U.S. Circuit Judge for the Sixth Circuit. The Senate may also vote on 14 nominations including: Henry Frey to be Assistant Administrator of the Environmental Protection Agency; Sandra Thompson to be Director of the Federal Housing Finance Agency; and Lisa Gomez to be Assistant Secretary of Labor for the Employee Benefits Security Administration.

For the remainder of the week, the House and Senate will hold several committee hearings, including a House Select Committee on the Climate Crisis hearing on “Building an Affordable and Resilient Food Supply Chain;” a House Energy and Commerce Committee hearing on “Formula Safety and Supply: Protecting the Health of America’s Babies;” and House Labor, Health and Human Services Appropriations Subcommittee hearing on “Tackling Teacher Shortages.” The Senate Banking, Housing and Urban Affairs Committee will hold a hearing on the Department of Agriculture’s Rural Housing Service and the Finance Committee will discuss “Supply Chain Resiliency: Alleviating Backlogs and Strengthening Long-Term Security”. Cabinet members and other agency leaders will appear on Capitol Hill to testify on their FY 2023 budget requests.
Last Week
Days after Buffalo mass shooting, the House approves a bill to fight domestic terror READ MORE
 
Biden Signs Ukraine and Baby Formula Supplemental ActsREAD MORE
 
House passes $28 million in emergency funding to address baby formula shortage READ MORE
 
Federal judge blocks Biden administration from lifting Title 42 for now READ MORE
 
Baby formula bill faces rocky terrain in Senate READ MORE

NSDC Federal Legislative Update


FEDERAL LEGISLATIVE UPDATE
Week of May 16, 2022
Congressional
Outlook
The House and Senate are in session.
 
The House will vote on 28 bills under suspension of the rules, including the Consumer Fuel Price Gouging Prevention Act (H.R. 7688), that would make it unlawful to increase gasoline and home energy fuel prices in an excessive or exploitative manner, and the Senate-Passed State and Local Government Cybersecurity Act of 2021 (S. 2499), which expands DHS responsibilities through grants and cooperative agreements, including the provision of assistance and education related to cyber threat indicators, proactive and defensive measures and cybersecurity technologies, cybersecurity risks and vulnerabilities, incident response and management, analysis, and warnings. The House will also vote on legislation to address the supply chain disruptions and recalls to baby formula following a Dear Colleague letter from House Speaker Nancy Pelosi (D-CA) addressing the matter. House lawmakers will begin publicly posting their 2023 fiscal year Community Project Funding (earmark) requests this week as well. The House Appropriations Committee asked Members to wait 15 days after the submission deadlines before posting their requests.
 
Following weeks of negotiations, the Senate is slated to vote on the House-passed $40.1 billion Ukrainian assistance package (H.R. 7691). The movement comes after Senate Minority Leader Mitch McConnell (R-KY) led a weekend Senate delegation visit to Ukraine, including a meeting with President Volodymyr Zelenskyy, and told reporters on passage of the package that “we'll get the job done by Wednesday.” Last week, President Biden urged Congress in a statement to separate the Ukraine and COVID packages in order to not “slow down action on the urgently needed Ukrainian aid.” Many Republicans voiced opposition to the COVID package following concerns over the potential end to Title 42, a pandemic-related immigration restriction impacting asylum seekers on the southern border with Mexico. Senate Majority Leader Chuck Schumer (D-NY) filed a cloture motion for the bill, but the vote could face delays with Sen. Chris Van Hollen’s (D-MD) office announcing the Senator was hospitalized for a minor stroke.
 
For the remainder of the week, the House and Senate will hold several committee hearings, including a House Science, Space and Technology hearing on “Building a Workforce to Navigate the Electric Vehicle Future” and a House Homeland Security Committee hearing on “Creating a More Resilient Nation: Stakeholder Perspectives.” Cabinet members and other agency leaders will appear on Capitol Hill to testify on their FY 2023 budget requests, including Labor Secretary Marty Walsh before the House Labor, Health and Human Services Appropriations Subcommittee; U.S. Food and Drug Administration Commissioner Robert Califf before the Agriculture, Rural Development, Food and Drug Administration Subcommittee; National Park Service Director Charles Sams before the Interior and Environment Subcommittee; and National Aeronautics and Space Administration Secretary Bill Nelson before the Commerce-Justice-Science Subcommittee.
 
The Senate will vote on several nominations, including three district court judges: Jennifer Rochon for the Southern District of New York, Trina Thompson for the Northern District of California, and Sunshine Suzanne Sykes for the Central District of California. The Senate may vote on Mary Boyle as a Consumer Product Safety Commission. Several states, including Idaho, Kentucky, North Carolina, Oregon, and Pennsylvania, will hold primaries.
Last Week
Biden tells Congress to split Ukraine and COVID funding packages READ MORE
 
White House to roll out plan to catalyze infrastructure investments READ MORE
 
US hits 1 million deaths from COVID-19 READ MORE
 
Portman, Sinema Introduce Bipartisan Legislation to Expand FEMA’s Capacity to Help Communities Address Technological Hazards READ MORE
 
Carter leads bill to combat inflation, pay federal debt READ MORE
 
Seven primary races to watch on Tuesday READ MORE

NSDC Federal Legislative Update


FEDERAL LEGISLATIVE UPDATE
Week of May 9, 2022
Congressional
Outlook
The House and Senate are in session.
 
The House will vote on 28 bills under suspension of the rules, including the Empowering the U.S. Fire Administration Act (H.R. 7077), which authorizes the Fire Administration to conduct on-site investigations of significant fires. For the remainder of the week, the House will vote on the Federal Firefighters Fairness Act of 2022 (H.R. 2499), which expands eligibility for firefighters who develop certain health conditions; and the Community Services Block Grant Modernization Act of 2022 (H.R. 5129), which reauthorize the program for 10 years and authorize $1 billion annually for grants. The House will also vote on a resolution allowing House staffers to unionize. 
 
Following a leaked opinion on a possible Supreme Court decision to overturn Roe vs. Wade, Senate Majority Leader Chuck Schumer (D-NY) will file cloture to codify the right to abortion. The vote on the Women’s Health Protection Act (S.1975), slated for Wednesday, will fail, as the measure will need 60 votes to overcome a filibuster. Many will look to see how Susan Collins (R-ME), Lisa Murkowski (R-AL), and Joe Manchin (D-WV) vote. Even with the support of all three members, the measure will fail. This issue has quickly taken center stage in both chambers of Congress and will serve as a hot topic issue for the midterm elections.
 
Additionally, Congress hopes to address several long-awaited assistance packages and nominations. Most signs regarding Ukrainian and COVID-19 aid packages point to lawmakers combining the two measures. The approach by Democratic leadership comes with concerns from Republicans over the Title 42 provision, a pandemic-related immigration restriction. Currently, the Biden Administration is following a court order temporarily blocking any changes to the policy. The White House requested assistance for Ukraine, and the Coronavirus pandemic is $33 billion and $10 billion, respectively. In order to move both bills, Republicans will likely require a vote on an amendment preventing the end of Title 42. 
 
The Senate will vote on several nominations, including Ann Phillips to be Administrator of the Maritime Administration; Asmeret Berhe to be Director of the Office of Science at the Department of Energy; Jay Powell for a second term as Chair of the Federal Reserve; Lisa Cook to be a Member of the Board of Governors of the Federal Reserve System; and Alvaro Bedoya to be a Federal Trade Commissioner. 
 
For the remainder of the week, the House and Senate will hold several committee hearings, including a Senate Environment and Public Works hearing on the “An oversight hearing to examine the Council on Environmental Quality;” and a House Energy and Commerce Committee hearing on “Modernizing Hydropower: Licensing and Reforms for a Clean Energy Future” Secretaries and other department leaders will appear on Capitol Hill to testify on their fiscal year 2023 budget requests next week, including: Housing and Urban Development Secretary Marcia Fudge and Transportation Secretary Pete Buttigieg before the House Appropriations Transportation-HUD Subcommittee; U.S. Customs and Border Protection Commissioner Chris Magnus in the Homeland Security Subcommittee; and Commerce Secretary Gina Raimondo at the Commerce-Justice-Science Subcommittee
Last Week
Biden admin announces expansion of free high-speed internet to eligible US households READ MORE
 
1 million deaths: Remembering the lives lost to COVID-19 in America READ MORE
 
Senate Democrats shop revamped child care reconciliation proposal READ MORE
 
Senate heads toward failed abortion vote amid fury READ MORE
 
The House will vote on a measure to allow congressional staffers to unionize READ MORE
 
Inflation and worker shortage fuel push on immigration bills READ MORE

NSDC Federal Legislative Update


FEDERAL LEGISLATIVE UPDATE
Week of May 2, 2022
Congressional
Outlook
The Senate is in session while the House is out for a District Work Period. 
 
Last week, the Biden Administration released a $33 billion request to Congress for additional Ukrainian assistance. Senate Democrats are likely to decide this week if they will attach COVID-19 aid to the Ukraine funding package. The Administration and House Speaker Nancy Pelosi (D-CA) reportedly support linking the two issues. Speaker Pelosi told reporters Friday, “We have emergencies here. We need to have the COVID money, and time is of the essence because we need the Ukraine money.” The decision falls to Senate Majority Leader Chuck Schumer (D-NY), who has not made his plans on both relief packages public. Tying both bills together makes the pathway out of the 50-50 Senate more difficult. Last month, Senate Republicans blocked a deal on the $10 billion coronavirus relief from advancing over Title 42, a pandemic-related immigration restriction. Last week, a federal judge temporarily blocked the Biden Administration from ending the provision. Senate Republicans will likely demand a vote on an amendment offered by Sen. James Lankford (R-OK), further preventing the White House from ending Title 42. The amendment has support from at least five moderate Senate Democrats. 
 
In addition to Ukraine and coronavirus-related pandemic assistance, the Senate will work through procedural motions instructing conferees on the America COMPETES Act of 2022 (H.R. 4521), legislation aimed at improving the U.S. semiconductor industry and boosting competitiveness with China. 28 motions will clear before the Senate enters a final conference committee with House. The Senate will also vote on several nominations, including Joshua Frost to be Assistant Secretary for Financial Markets at the Treasury Department; Elizabeth de Leon Bhargava to be Assistant Secretary for Administration at the Department of Housing and Urban Development; and Lisa Cook to be a Member of the Federal Reserve Board of Governors. The Senate may also consider Jerome Powell for a second term as Chair of the Federal Reserve and Phillip Jefferson to be a Member of the Federal Reserve Board of Governors.
 
For the remainder of the week, the Senate will hold several committee hearings, including an Environment and Public Works markup of the “Water Resources Development Act of 2022 (WRDA 2022).” Two Cabinet Secretaries, Energy Secretary Jennifer Granholm and Transportation Secretary Pete Buttigieg, will testify before the Energy and Natural Resources and Commerce, Science, and Transportation Committees, respectively, to discuss the President’s FY 2023 budget request to Congress. Several Senate Appropriations subcommittees will also hold hearings on the President’s FY23 budget, including the Department of Health and Human ServicesU.S. Forest ServiceDepartment of Homeland SecurityDepartment of Veterans AffairsDepartment of Defense, and the Department of Energy
Last Week
Biden asks Congress for $33 billion in aid for Ukraine as war drags on READ MORE
 
Federal judge temporarily blocks Biden administration from ending Title 42 Covid border restrictions for migrants READ MORE
President Biden Signs Long-Awaited MAPLand Act Into Law READ MORE
 
Senate confirms Lael Brainard as Fed vice chair READ MORE
 
Senate confirms Crabtree as DOE fossil energy chief READ MORE
 
 
This week: Senate faces decision time on Ukraine aid READ MORE
 
U.S. Congress revives World War Two-era “Lend-Lease” program for Ukraine READ MORE
 
TSA stops enforcing traveler mask mandate READ MORE
 
Senators relaunch bipartisan immigration discussions READ MORE

NSDC Federal Legislative Update

FEDERAL LEGISLATIVE UPDATE
Week of April 25, 2022
Congressional
Outlook
The House and Senate are both back in session this week following their two-week spring recess. The House will vote on 28 bills under suspension of the rules, including the Small Business Development Centers Improvement Act of 2022(H.R. 6445), which reauthorizes the SBA’s Small Business Development Center (SBDC) program through Fiscal Year (FY) 2025. For the remainder of the week, the House will vote on the Domestic Terrorism Prevention Act of 2022 (H.R. 350), which authorizes offices at the Department of Justice and Department of Homeland Security dedicated to monitoring, investigating, and prosecuting perpetrators of domestic terrorism; and the Senate-passed Ukraine Democracy Defense Lend-Lease Act of 2022(S. 3522), which authorizes the president to expedite the delivery of military equipment to Ukraine and other Eastern European countries affected by Russia’s invasion through lend-lease agreements.

The Senate will vote on several nominations, including Lael Brainard to be Vice Chairman of the Board of Governors of the Federal Reserve System; Lisa Cook to be a Member of the Board of Governors of the Federal Reserve System; and Alvaro Bedoya to be a Federal Trade Commissioner. Senate Majority Leader Chuck Schumer (D-NY) wants to revisit the $10 billion plan (H.R. 4373) to boost pandemic preparedness. That legislation stalled on the eve of the spring recess because of efforts to attach an amendment that would halt the Biden Administration’s move to end Title 42 beginning on May 23, a pandemic-related immigration restriction. Additional items the Senate will likely consider in the coming weeks include: additional supplemental spending plans to address Russia’s war on Ukraine; legislation to enhance U.S. competition with China and support domestic chip manufacturing; and a long-stalled social spending package via budget reconciliation.

House and Senate Appropriations subcommittees will hold numerous hearings this week with Biden Administration officials to discuss President Biden’s FY 2023 budget proposal to Congress. This includes the Department of Homeland SecurityU.S. Forest ServiceU.S. Army Corps of Engineers & Bureau of ReclamationDepartment of the InteriorDepartment of AgricultureDepartment of EducationCybersecurity and Infrastructure Security AgencyDepartment of JusticeDepartment of EnergyDepartment of Transportation; and the Environmental Protection Agency.
Last Week
Democrats prepare to take second run at Biden spending plan READ MORE

Biden administration restores environmental reviews for major infrastructure projects READ MORE

Biden Signs Earth Day Executive Order to Protect Old-growth Forests READ MORE

Biden Administration Launches Nationwide Network of Partners to Tap Resources for Rural America READ MORE

NSDC Federal Legislative Update

FEDERAL LEGISLATIVE UPDATE
Week of April 11, 2022
Congressional
Outlook
The House and Senate are in recess this week and next, returning to Washington the week of April 25. While Congress is in recess, many items await their attention, including the U.S. competitiveness bill, COVID-19 relief funding, additional Ukraine aid, and new negotiations on the Build Back Better Act, among other legislative items.
 
On Thursday, the Senate confirmed Judge Ketanji Brown Jackson for a lifetime appointment to the Supreme Court as an Associate Justice by a bipartisan vote of 53-47. Three Republican Senators, Susan Collins (R-ME), Lisa Murkowski (R-AK), and Mitt Romney (R-UT), joined all 50 Democrats in confirming Judge Jackson. Following her historical confirmation, Judge Jackson gave a speech on the White House South Lawn Friday and said, “I have dedicated my career to public service because I love this country and our Constitution and the rights that make us free.” The confirmation process, in total, took about six weeks, and Judge Jackson will replace Justice Stephen Breyer beginning in early summer, once he formally resigns.
 
Lawmakers will conference differences between the Senate-passed U.S. Innovation and Competition Act of 2021 (S. 1260) and the House-passed America COMPETES Act (HR 4521), which would aid domestic innovation initiatives and offer billions for semiconductor manufacturing. These negotiations have faced delays and remain a top priority for congressional leaders. Over 100 members of Congress will take part in the conferencing between the two chambers hoping to resolve differences on the package to aid U.S. high-tech research and manufacturing to compete with China. The legislation faces a long road to the President’s desk for signage, as it impacts many Committee jurisdictions. 
 
After an agreement in principle on a new $10 billion COVID-19 relief package early last week, a pandemic ruling on immigration is now at the center of delays to the legislation in the Senate. Title 42, as it is known, allows the U.S. to turn away asylum seekers “in the interest of public health.” On April 1, the Biden Administration announced it would no longer enforce Title 42 beginning  May 23. The White House has seen criticism from both sides of the aisle on the decision to end enforcement of the ruling, with the ability to handle the spike in asylum seekers along the southern border as the primary concern. Senate Republicans voted to block the advancement of the $10 billion COVID relief package, an agreement that Leader Schumer and Sen. Mitt Romney (R-UT) brokered. Many senators have demanded votes on amendments to address their various concerns, including the reinstatement of the Title 42 border policy. 
 
A chief cornerstone of the Biden Administration’s legislative agenda is the Build Back Better (BBB) Act. The social and climate bill’s prospects of passage ended when Sen. Joe Manchin (D-WV) stated last December that he would not support the legislation. Senators will take what many believe to be the last possible chance at passing the package in the months leading up to the November midterm election. The tax and spending plan will most likely feature a smaller price tag, meeting Manchin’s demands, and lawmakers will have to work through other remaining challenges and differences on the bill. Rumors of new BBB negotiations come as another senator, Krysten Sinema (D-AZ), who voiced her concerns on the first BBB negotiations, shared with donors her belief that reworking a bill is unlikely.
Last Week
Ketanji Brown Jackson confirmed as first Black woman on Supreme Court READ MORE

Biden announces ban on unlicensed ghost gun kits READ MORE

Jackson will join more diverse and conservative high court READ MORE

White House adviser: Extending TSA mask mandate ‘absolutely’ still on the table READ MORE

House Passes Bill to Provide Relief to Restaurants and Other Small Businesses Hit Hard by COVID READ MORE
 
After Supreme Court confirmation, Democrats face question of what's next READ MORE

Clash over immigration stalls Covid relief funds in Congress, potentially for weeks READ MORE

Senate punts $10 billion in Covid aid until after Easter amid stalemate over border policy READ MORE
 
COVID bill recoups local ARPA aid, broadens use of unspent funds READ MORE
 
House approves criminal contempt referrals for 2 Trump aides over the Jan. 6 attack READ MORE
 
Senate Confirms Transportation, Commerce Nominees After GOP Hold READ MORE
 
Senate Passes Cyber Preparedness Bill, Will be Sent to President READ MORE
 
Senate unanimously passes Russia trade, embargo bills and House clears them READ MORE
 
‘Game changing’ bill for fish and wildlife agencies in America moves closer to passing READ MORE
 
Julia Gordon gets one step closer to FHA commissioner READ MORE
 
Biden pick Katherine Vidal confirmed for empowered patent and trademark chief role READ MORE
 
Senate Confirms James O’Brien to Ambassador Role Leading Sanctions Coordination READ MORE

NSDC Federal Legislative Update



FEDERAL LEGISLATIVE UPDATE
Week of April 4, 2022
Congressional
Outlook
The House and Senate are in session this week.
 
The House will consider 14 bills under suspension of the rules, including a vote on the Resilient Assistance for Mitigation for Environmentally Resilient Infrastructure and Construction by Americans (AMERICA) Act (HR 5689), which improves provisions for federal resources’ building capacity and funding for risk-reducing, cost-effective mitigation projects for state, local, other related entities. The House will consider the Small Project Efficient and Effective Disaster (SPEED) Recovery Act (HR 5641), which increases, to $1 million, the threshold for eligibility for assistance for what qualifies as a “small project” under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The House may also vote on the Restaurant Revitalization Fund Replenishment Act of 2021 (HR 3807), which providesan additional $42 billion to support restaurants impacted by COVID-19 and $13 billion for other “hard hit” industries.
 
Following a week-long procedural delay, the Senate Judiciary Committee will consider Judge Ketanji Brown Jackson's nomination to be an Associate Justice on the Supreme Court. The committee expects to produce an 11-11 deadlocked vote to move Judge Jackson’s nomination to the Senate floor later this evening. Senate Majority Leader Chuck Schumer (D-NY) will break the tie by filing a “motion to discharge.” Sen. Susan Collins (R-ME) announced her intentions to vote for the nominee, making her the first Republican to support Judge Jackson. The Senate expects to take a final vote on the nomination by Thursday or Friday. 
 
While Judge Jackson is the Senate’s top priority of the week, Congress will also work to finalize a COVID-19 relief package. Late last week, lawmakers reported a deal in principle on a $10 billion aid package. Congress hopes to pass the legislation this week, providing near-term assistance for therapeutics, testing supplies, and vaccines, among other supplies. This number is down from $15 billion, as Congress could not agree on how to offset $5 billion in appropriated funds slotted for foreign assistance. On Friday, thirteen House members sent a letter to House leadership urging the inclusion of the $5 billion in international aid in the supplemental bill. A few remaining sticking points include whether to include $1 billion in funding to the U.S. Agency for International Development for global vaccine implementation efforts and a Congressional Budget Office review of the bill to ensure the package is fully paid for.
 
Senate Democrats hope to rekindle negotiations on the Build Back Better (BBB) Act, with Senator Joe Manchin (D-WV) remaining a critical voice. Many remain skeptical of the prospects of reviving the BBB Act. However, some lawmakers believe the period following the upcoming two-week spring recess is the ideal time to pivot to President Joe Biden’s social and climate bill. “You either do it before Memorial Day, or you’re not going to do it,” Senator Tim Kaine (D-VA) said candidly regarding a timeline for action on the measure. Sen. Manchin is on record about potential conversations regarding the BBB Act, saying, “there’s nothing serious.” The Senate will have approximately two months to work out challenges and differences on the bill.
 
For the remainder of this week, the House will hold several committee hearings, including a Transportation and Infrastructure subcommittee hearing on “FEMA Priorities for 2022 and the 2022-2026 Strategic Plan;” and a Ways and Means Committee hearing on “Proposed Fiscal Year 2023 Budget With Health & Human Services Secretary Becerra.” Several Senate committees will also hold hearings, including an Appropriations Energy and Water Subcommittee hearing on “A Review of the Fiscal Year 2023 Budget Submission for the U.S. Army Corps of Engineers and the Bureau of Reclamation;” a Banking, Housing, and Urban Affairs Committee hearing on “Advancing Public Transportation in Small Cities and Rural Places under the Bipartisan Infrastructure Law;” and an Environment and Public Works subcommittee hearing to discuss “Implementation of the Drinking Water and Wastewater Infrastructure Act: Stakeholders’ needs and experiences.” On Tuesday, the State of California will hold a special primary election for its 22ndCongressional District after Rep. Devin Nunes (R-CA) resigned from Congress on January 1, 2022.
Last Week
Biden’s new budget calls for funding police and taxing billionaires READ MORE

Senate close to COVID-19 aid deal; global funds in question READ MORE
 
This week: Congress braces for monster sprint READ MORE
 
Bipartisan deal struck 'in principle' on $10 billion Covid-19 aid package, Romney says READ MORE
 
House readies relief package for restaurants, other industries READ MORE
 
Senate Passes China Competition Bill to Start Talks with House READ MORE
 
States must target water infrastructure funds to urban, rural areas with real need: lawmakers READ MORE
 
House votes to legalize cannabis, but Senate has its own ideas READ MORE
 
House passes bill to cap insulin prices READ MORE
 
Bill Passed to Stop Sexual Assault and Harassment in Transportation READ MORE

Retirement savings bill passes House as Senate deliberates READ MORE

As Earmarks Return to Congress, Lawmakers Rush to Steer Money Home READ MORE

Senate set to take first step to confirm Jackson, despite GOP hurdle READ MORE

Bipartisan bill to address supply chain kinks moves closer to the president’s desk READ MORE

Senate Confirms Nani Coloretti as OMB Deputy Director READ MORE

Senate Confirms ex-Pentagon official for Commerce Dept. Russia export control post READ MORE

FHWA issues guidelines regarding walkable streets READ MORE

NSDC Federal Legislative Update


FEDERAL LEGISLATIVE UPDATE
Week of March 14, 2022
Congressional
Outlook
The House and Senate are in session this week. 
 
The House will consider 10 bills under suspension of the rules, including a vote on the Modernizing Access to our Public Land Act or the MAPLand Act (HR 3113), which directs the Department of the Interior, the Forest Service, and the U.S. Army Corps of Engineers to develop standards to ensure compatibility among federal databases for collecting and disseminating data related to federal lands. The House will vote on the Forced Arbitration Injustice Repeal (FAIR) Act of 2022 (HR 963), which prohibits pre-dispute arbitration agreements from being valid or enforceable if they require arbitration of an employment, consumer, antitrust, or civil rights dispute. The House will also vote on the Creating a Respectful and Open World for Natural Hair (CROWN) Act of 2022 (HR 2116), which prohibits discrimination against people with hair styles associated with a particular race or national origin. The Senate will vote on Shalanda Young to be Director of the Office of Management and Budget and Susan Grundmann to be a Member of the Federal Labor Relations Authority for a term of five years expiring July 1, 2025. Sen. Rand Paul (R-KY) is also expected to force a vote this week to try to end the federal mask mandate requirements on public transportation. 
 
Last week, Congress took significant steps to secure government funding for Fiscal Year (FY) 2022. After a delay over COVID-19 spending, Congress passed the $1.5 trillion Consolidated Appropriations Act of 2022 (HR 2471), an omnibus spending bill funding the federal government for the remainder of FY 2022. The spending bill notably includes $13.6 billion in aid to Ukraine and is the first spending bill since 2010 to include Community Project Funding requests (i.e., earmarks). There were concerns among several House Democrats regarding COVID-19 spending allocations and offsets, causing House Democratic leadership to remove $15 billion in new relief funds from the bill. This forced Congress to pass the Extension of Continuing Appropriations Act of 2022 (H.J.Res.75), which the President signed Friday, funding the government on a four-day continuing resolution (CR) through Tuesday, March 15. This gave lawmakers enough time to resolve differences and work through other procedural matters to pass the full-year spending package on Thursday. President Biden will sign the bill into law by Tuesday. 
 
Looming large this week is Congress’ attempt to salvage COVID-19 preparedness funding, which leaders decided to pull last minute from the FY22 omnibus package. The initial rumor was that the Biden Administration would ask for $30 billion before requesting $22.5 from Congress to be able to complete vaccine research, secure additional tests, and prepare for future variants. Following negotiations, Congress trimmed that funding down to $15 billion and removed all money when House Democrats disagreed on how to offset the funding. The White House commented on the removal of the funds, saying “failing to take action now will have severe consequences for the American people.” The House will continue work on a standalone bill for COVID-19 funding, the COVID Supplemental Appropriations Act (H.R. 7007), this week. While the House works on a new proposal, many believe there is a small path to passing a COVID package in the Senate. House Speaker Nancy Pelosi said the House will attempt to vote on “at least part” of COVID-19 funding this week. Separately, senators will finish courtesy calls and meetings to set up the Supreme Court nomination hearing for Judge Ketanji Brown Jackson, which will begin next Monday, March 21. Senate Judiciary Committee Chair Dick Durbin (D-IL) still believes the Senate will finish the Supreme Court nomination process by mid-April and hopes for a four-day hearing schedule next week.
 
For the remainder of this week, the House will hold several committee hearings, including a Transportation and Infrastructure hearing on “Proposals for a Water Resources Development Act of 2022: Members' Day Hearing;” a Energy and Commerce Committee hearing on “The Future of Medicine: Legislation to Encourage Innovation and Improve Oversight;” and a Agriculture Committee hearing on “A 2022 Review of the Farm Bill: The Role of USDA Programs in Addressing Climate Change.” Several Senate committees will also hold hearings, including a Health, Education, Labor, and Pensions Committee hearing to discuss “S. 3799, the PREVENT Pandemics Act to prepare and respond to existing and emerging threats and viruses;” a Banking, Housing, and Urban Affairs Committee hearing to examine “Advancing Public Transportation under the Bipartisan Infrastructure Law;” and an Environment and Public Works Committee hearing to discuss “Oversight of the Clean Water State Revolving Loan Fund Formula.
Last Week
Biden signs stopgap funding bill to avert shutdown READ MORE
 
Senate clears $1.5 trillion omnibus spending bill READ MORE
 
House Dems clear $1.5T spending deal after stripping Covid aid READ MORE

Lawmakers feast on pork in omnibus READ MORE

House passes ban on Russian oil, natural gas and coal READ MORE

Five things to know about the $1.5T spending bill Congress just passed READ MORE
 
What’s in Congress’s $1.5 trillion appropriations bill READ MORE
 
Pelosi: 'Hope' is to vote on 'at least part' of COVID-19 funds this week READ MORE
 
EPA Pushes Equity Focus of $50 Billion Water Infrastructure Fund READ MORE
 
AMWA: New legislation would ease financing of LSL replacement READ MORE
 
Manchin to oppose Biden Fed pick over climate stances READ MORE
 
House Democrats call on Biden to renew climate push READ MORE
 
Pelosi says House plans to vote next week on revoking Russia's trade status READ MORE
 
Congress cuts deal on $13.6 billion for Ukraine aid in funding bill READ MORE
 
Congress passes bill to shore up the Postal Service without cutting back on delivery READ MORE
 
Cornyn, Leahy Bill to Bolster Cybersecurity Passes House READ MORE
 
Senate confirms Maria Pagan in USTR post tasked with addressing Russia’s WTO status READ MORE

NSDC Federal Legislative Update



FEDERAL LEGISLATIVE UPDATE
Week of February 7, 2022
Congressional
Outlook
The House and Senate are in session this week.
 
The House will consider 6 bills under suspension of the rules, including the Senate-passed Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions (PRICE) Act of 2021 (S. 583), which directs the Department of Homeland Security (DHS) to publish an annual report on projects that have used innovative procurement techniques in an attempt to improve contracting in the federal government. The House will also debate and vote on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (HR 4445), which states that agreements requiring arbitration or banning class actions cannot be enforced in cases involving sexual assault or harassment. Today, the Senate will vote on the nomination of Ebony Scott and Donald Tunnage to be Associate Judges of the Superior Court of the District of Columbia. It is expected that the Senate will have more nomination votes on Tuesday.
 
Congress is shifting its attention to federal government funding, with the current Continuing Resolution (CR) set to expire in 11 days. Today, the House will release a stopgap funding bill to avoid a government shutdown. The short-term stopgap spending bill could receive a vote as early as Tuesday and will reportedly maintain current Fiscal Year (FY) 2022 spending levels through Friday, March 11. There is uncertainty surrounding when the Senate will take up the measure, with a vote potentially taking place during the week of February 14 after House passage this week. If Congress passes a CR through March 11, lawmakers will use the extra three weeks to reconcile differences and agree on the contours of a full FY  2022 funding package. Negotiations on the omnibus package continued last week and through the weekend with little progress, prompting leaders to hint to the short-term approach. Senate Appropriations Committee Ranking Member Richard Shelby (R-AL) shared with reporters Thursday that compromises on the appropriations topline numbers had not gone anywhere. “We haven’t resolved anything yet,” Shelby said. Slowing the FY 2022 appropriations process are disagreements on “parity” levels for defense and non-defense spending increases and which policy riders should be allowed to remain in the package.
 
Senate Democrats’ plans for President Biden’s Build Back Better (BBB) Act and Supreme Court nominee received a setback last week. On Tuesday, Senator Ben Ray Lujan (D-NM) had undergone surgery to ease swelling for a stroke he had. The expectation is that he will make a full recovery as stated by his Chief of Staff in a press release. The Senator’s reported recovery time is four to six weeks, barring any major setbacks. Democrats will need to alter the legislative session given the Senate’s 50-50 dynamic. “We do not anticipate any difficulties, Senate Judiciary Committee Chair Dick Durbin (D-IL) told reporters regarding the Supreme Court nominee process.
 
A group of bipartisan senators are working to overhaul the Electoral Count Act. This law, dating back to 1887, mandates how Congress counts the 538 Electoral College votes from all 50 states and the District of Columbia. A group of senators, led by Sens. Joe Manchin (D-WV) and Lisa Murkowski (R-AK), expressed optimism on passing a reform package on this issue. Last week, the House passed, by a vote of 222-210, the America COMPETES Act of 2022 (H.R. 4521), which authorizes $190 billion for U.S. technology and research to compete with China and provides $52 billion to increase U.S. semiconductor production. The Senate will take up the House bill and pass an amended version of the package, although the timeframe for passing the bill may depend on the amount of opposition from Senate Republicans. The House and Senate will then likely enter a formal conference committee to agree on a final package for Congress to consider.
 
For the remainder of this week, several House committee hearings will be held, including a Transportation and Infrastructure Subcommittee on Water Resources and Environment hearing on “Proposals for a Water Resources Development Act of 2022: Stakeholder Priorities.” The Senate will hold several hearings including: an Energy and Natural Resources (ENR) Committee hearing on “The Opportunities and Challenges in using Clean Hydrogen;” an ENR Committee nomination hearing for Maria Robinson to be an Assistant Secretary of Energy (Office of Electricity), Dr. Joseph DeCarolis to be Administrator of the Energy Information Administration, and Laura Daniel-Davis to be Assistant Secretary of the Interior for Land and Minerals Management; and a Commerce, Science, and Transportation Committee nomination hearing for Gigi Sohn to be a Member of the Federal Communications Commission.
Last Week
A Toolkit for Planning and Funding Rural Electric Mobility Infrastructure READ MORE
 
Top Senate Republican: Congress 'probably' headed for third stopgap bill to prevent shutdown READ MORE
 
Senators moving 'aggressively' on Electoral Count Act reform READ MORE
 
House passes American COMPETES Act to counter Chinese manufacturing READ MORE
 
White House issues guidebook for communities to access infrastructure funding READ MORE
 
Biden to Speed Hiring of Workers to Funnel Infrastructure Money READ MORE
 
OMB nominee says new Biden budget coming in March
 
Additional $15.6B in Funding Announced to Make Road Safety a Priority READ MORE
 
President Biden Relaunches 'Cancer Moonshot' ProgramREAD MORE
 
Congressional staffers launch unionization push with Democrats' support READ MORE
 
US passes 900,000 COVID-19 deaths READ MORE
 
Gas prices climb to highest level in more than 7 years


NSDC Federal Legislative Update


FEDERAL LEGISLATIVE UPDATE
Week of January 3, 2022
Congressional
Outlook
Happy new year! The Senate is in session this week but has postponed votes until tomorrow due to the Washington, D.C. snowstorm. The House will remain in a “District Work Period” until the chamber returns on Monday, January 10. As lawmakers return to Washington, several key legislative items loom large. Congress will work to address full FY 2022 government funding, the Build Back Better (BBB) Act, voting rights legislation, potential filibuster reform, and more before the November mid-terms. 
 
Senate Majority Leader Chuck Schumer (D-NY) shared a Dear Colleague letter Monday morning outlining immediate priorities of the 2nd session of the 117th Congress for the Senate. Chiefly, Majority Leader Schumer cited his plans to change the current filibuster rules in order to pass voting rights legislation. Schumer stated that he would like to change the filibuster for voting rights legislation to a simple majority: “we must adapt. The Senate must evolve, like it has many times before. The Senate was designed to evolve and has evolved many times in our history.” The letter notes that the Senate will consider the rules change on or before Monday, January 17. This comes as Senate Democrats Kyrsten Sinema (D-AZ) and Joe Manchin (D-WV) have remained staunchly opposed to changing the filibuster rules. The plan seems to center on bringing key legislative items to the Senate floor for a vote in order to find out where Senators stand on the issue, driving a debate on the filibuster. Regarding which specific voting rights legislation will be considered, the Senate will likely vote to consider advancing the Freedom to Vote Act, which is supported by all 50 Senate Democrats but will likely be blocked by Senate Republicans. 
 
Regarding the BBB Act, negotiations will continue to occur behind the scenes between Sen. Manchin, the Biden Administration, and Senate Democratic Leadership. Before the holiday recess, Sen. Manchin said he could not support the current version of the $1.7 trillion BBB Act, pivoting dialogue to a new bill, which would be a paired down version the House passed on November 19. The new bill is sure to feature many elements from the House-passed version of the bill, however, it’s uncertain how much the Senate will ultimately change, and when the chamber will act. As debate continues, many have sought to outline what provisions may stay in and which will be eliminated, as Sen. Manchin has still not yet made public all of his demands. 
 
Congressional appropriators have a deadline of Friday, February 18 to address funding for the federal government for the remainder of FY 2022, which ends on September 30, 2022. Currently, there is no agreement on what policy riders will be included or removed. Additionally, dates for President Joe Biden’s State of the Union address are being reported as either February 1st or March 1st.
 
Both Democratic and Republican leaders acknowledged the upcoming anniversary of the January 6th U.S. Capitol riot. House Minority Leader Kevin McCarthy (R-CA) said in a Dear Colleague letter of his own that “our Capitol should never be compromised and those who broke the law deserve to face legal repercussions and full accountability.” 
 
For the remainder of the week, several Senate committee hearings will be held on Wednesday, including: a Banking, Housing, and Urban Development Committee hearing on “Exploring How Community Development Financial Institutions Support Underserved Communities” and a Health, Education, Labor, and Pensions Committee hearing on the nominations of David Weil to be Administrator of the Wage and Hour Division of the Department of Labor, Lisa Gomez to be Assistant Secretary for Employee Benefits Security Administrator at the Department of Labor, and Robert Califf to be Commissioner of Food and Drugs for the Food and Drug Administration.
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NSDC Federal Legislative Update


FEDERAL LEGISLATIVE UPDATE
Week of August 2, 2021
Congressional
Outlook
The House is in recess this week while the Senate is in session.

The Senate will spend the remainder of this week voting on amendments to the 2,702-page, five-year Infrastructure Investment and Jobs Act, which includes a full surface transportation reauthorization bill, in addition to funding for the electric grid, broadband, water infrastructure, resiliency and western water storage, environmental remediation, and more. The legislation totals around $1.2 trillion, with roughly $550 billion constituting new federal spending and the rest coming from existing, planned investments in roads, highways, and bridges.

The mammoth bill includes about $110 billion in new spending for roads and bridges; $73 billion for power grid upgrades; $66 billion for passenger and freight rail; $65 billion for broadband expansion; $55 billion for water infrastructure; $50 billion for resiliency and western water storage; $39 billion for public transit; $25 billion for airports; $17 billion for ports and waterways; $15 billion for electric vehicles; $11 billion for road safety; and $1 billion for a new “Reconnecting Communities Pilot Program.” Several senators are calling for an open amendment process, which could lead to dozens of votes over the next several days. Senators of both parties said they expected the legislation ultimately would pass without major changes. Senate Majority Leader Chuck Schumer (D-NY) said on Sunday evening that “Given how bipartisan the bill is, and how much work has already been put in to get the details right, I believe the Senate can quickly process relevant amendments and pass this bill in a matter of days.” However, the legislative process in the Senate is likely to drag into early next week, since it is unclear how many amendments there will be, or what changes they could cause in the legislation.

Once the Senate passes the Infrastructure Investment and Jobs Act, the chamber will immediately begin consideration of a $3.5 trillion Fiscal Year 2022 budget resolution during the week of August 9 before leaving Washington for the chamber’s scheduled summer recess. The budget resolution is intended to unlock the 50-member Senate Democratic Caucus’s ability to pass an expansive economic package, which will incorporate large swaths of President Joe Biden’s proposed American Jobsand Families Plans, to address climate change, health care and education. The FY22 budget resolution is expected to pass with just Democratic votes. Once the Senate passes the FY22 budget resolution, the House will likely return to Washington quickly to pass it, which will allow House and Senate committees the ability to begin work on their parts of the package. House Speaker Nancy Pelosi (D-CA) reiterated last week that the House will notvote on a Senate-passed infrastructure bill until the Senate has also passed a budget reconciliation package (following adoption of the FY22 budget resolution), which very likely won’t happen until October at the earliest. This means that the bipartisan infrastructure bill and the budget reconciliation package won’t be enacted into law until mid-late fall. 

On Monday, the Senate Appropriations Subcommittees on Military Construction—Veterans Affairs and Agriculture—FDA—Rural Development will hold markups of their FY 2022 Appropriations bills. On Wednesday, the full Appropriations Committee will markup and pass these two spending bills, in addition to the FY 2022 Energy—Water Development Appropriations bill. Lists of the approved “Congressionally Directed Spending” requests (i.e., earmarks) for each of the three spending bills, submitted by senators in mid-June, should be made publicly available by the Committee no later than Wednesday. None of the bills are expected to make it to the Senate floor before lawmakers leave for their summer break. Once senators leave, they won’t return until September 13. Congress faces a September 30 deadline to fund the federal government and avoid a shutdown. Given the time crunch, the House and Senate are likely to use a continuing resolution, which extends last year's funding levels, until at least closer to the end of the year.

On Tuesday, voters in Ohio’s 11th and 15th congressional districts will head to the polls to vote in special primary elections to pick the Democratic and Republican nominees for the November 2 special House elections to decide the successors for former Reps. Marcia Fudge (D-OH) and Steve Stivers (R-OH), respectively. 
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Bill to Protect Firefighters from Hazardous PFAS Chemicals Passes Senate READ MORE

Senate confirms Todd Kim for DOJ environment chief 

Senate confirms Ur Jaddou to head immigration agency READ MORE

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Pelosi turns tables on White House, urges eviction ban extensionREAD MORE

Biden to return to pre-Obama water protections in first step for clean water regulations READ MORE

White House forms working groups to target heat, wildfires READ MORE 

Biden Seeks to Revive Vaccine Effort With New Rules and IncentivesREAD MORE

Biden calls on states and localities to offer $100 vaccine incentivesREAD MORE

CDC Urges Vaccinated People to Resume Wearing Masks Indoors in Some Areas READ MORE

‘The war has changed’: Internal CDC document urges new messaging, warns delta infections likely more severe 

Federal Reserve Keeps Rates Unchanged but Cites ‘Progress’ Toward Goals READ MORE

U.S. Can Expedite Removal of Migrant Families, Biden Administration Says READ MORE

GOP’s Jake Ellzey wins US House seat over Trump-backed rival READ MORE






FEDERAL LEGISLATIVE UPDATE
Week of July 26, 2021
Congressional
Outlook
The House and Senate are in session this week.

The House will consider 21 bills under suspension of the rules, including the Access to Congressionally Mandated Reports Act (H.R. 2485), which requires that all Congressionally mandated reports be posted on a central public website; and the Senate-passed Congressional Budget Justification Transparency Act of 2021 (S. 272), which requires that budget justification documents prepared by federal agencies be posted online and listed on a central website.

For the remainder of the week, the House will vote on a $617 billion package combining seven Fiscal Year (FY) 2022 Appropriations bills, including Labor—Health and Human Services—Education, Agriculture—Rural Development, Energy—Water Development, Financial Services—General Government, Interior—Environment, Military Construction—Veterans Affairs, and Transportation—Housing and Urban Development. The House may also consider three additional FY 2022 spending bills on a stand-alone basis: the $4.8 billion Legislative BranchAppropriations bill (H.R. 4346), the $62.2 billion State—Foreign Operations Appropriations bill (H.R. 4373), and the $81.3 billion Commerce—Justice—Science Appropriations bill (H.R. 4505). These ten FY 2022 spending bills include thousands of “Community Project Funding” (i.e., earmark) requests submitted by rank-and-file House members in April and approved by the House Appropriations Committee in June and July. The only two remaining FY 2022 spending bills that won’t be considered in the House until later this year are the $706 billion Defense and $76 billion Homeland Security spending bills. Congress has until September 30 to pass new government funding prior to the beginning of FY 2022 on October 1 and the House and Senate are expected to pass a short-term funding bill (i.e., a Continuing Resolution), likely lasting through early December 2021, to avoid a government shutdown.

The Senate will vote on several nominations made by President Joe Biden, including Todd Kim to be Assistant Attorney General for the Department of Justice’s Environment and Natural Resources Division. Several Senate committees will be voting this week to advance important Biden nominations to key posts, including: Rob Santos to be Director of the Census Bureau; Ed Gonzalez to be DHS’ Assistant Secretary for Immigration and Customs Enforcement; and Jennifer Moffitt to be Under Secretary of Agriculture for Marketing and Regulatory Programs. Senate committees will also be holding hearings for nominees, including: former Rep. Xochitl Torres Small (D-NM) to be Under Secretary of Agriculture for Rural Development; and Robert Bonnie to be Under Secretary of Agriculture for Farm Production and Conservation.

The 22 senators negotiating the eight-year, $1.2 trillion Bipartisan Infrastructure Framework (including $579 billion in new spending) are seeking to finish negotiations early this week. To speed discussions toward a conclusion, the White House and Democrats on Sunday evening made a “global offer” to Senate Republicans aimed at covering all outstanding issues. On Monday morning, it was reported that “[Senate] Republicans appear to be rejecting that [global] offer, arguing that it goes back on details that had already been agreed to by the bipartisan group during their weeks of closed-door negotiations.” The primary unresolved issues include funding for highways and bridges, water, broadband, transit, the creation of an infrastructure bank and how much unspent COVID relief money from 2020 can be used to pay for infrastructure, among other controversial items. A pending five-week break scheduled to begin August 6 is motivating the 22-member bipartisan group to end negotiations over components of their plan after Republicans spurned Senate Majority Leader Chuck Schumer (D-NY)’s deadline for action last Wednesday. Leader Schumer has left the door open to be able to quickly bring up whether to start debate for a second vote on the bipartisan infrastructure package later this week, if the bipartisan group is able to get a deal finalized soon.

On Tuesday, voters in Texas’ 6th Congressional District (which includes the suburbs of Dallas—Fort Worth) head to the polls to vote in a special House runoff election to replace the late Rep. Ron Wright (R-TX), who died in early February 2021 from COVID. Two Republican candidates made it to the special runoff election, Susan Wright and state representative Jake Ellzey, which ensures that the House GOP minority will soon increase in size from 211 to 212 seats. The House Democratic majority, currently numbering 220 seats, will soon only be able to lose up to 3 votes to pass any legislation (in the event all 212 House Republicans vote against a particular bill). 
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