Weekly Legislative Update

January 16, 2024

Congressional Outlook

After the Martin Luther King Jr. holiday, both chambers are back in session today. On Saturday, lawmakers agreed to a new two-tiered funding stopgap bill with only a few days remaining before a partial federal government shutdown is set to occur. On Friday at midnight, in the absence of enactment of a new CR, the government would face a partial shutdown for multiple agencies, including the Departments of Agriculture, Energy, Housing and Urban Development, Transportation, and Veterans Affairs.

 

House and Senate leaders from both parties released the text of the Further Additional Continuing Appropriations and Other Extensions Act, 2024 (H.R. 2872) which would extend enacted FY23 funding levels for federal agencies in the Agriculture-FDA, Energy & Water, Military Construction-Veterans Affairs, and Transportation-HUD Appropriations bills from January 19 to Friday, March 1. The remaining federal funding for the other eight appropriations bills would provide government funding from February 2 to Friday, March 8. A short-term partial shutdown is still possible if lawmakers object to fast-tracking the CR through both chambers over the next three days. As Congress works to pass a CR this week, House and Senate Appropriators are working to negotiate final versions of all 12 full FY24 appropriations bills. However, they are still awaiting 302(b) allocations for each of the 12 bills. Senate Majority Leader Chuck Schumer (D-N.Y.) announced he will place the legislation on the Senate floor today for an initial procedural vote.

 

Last week, House Speaker Mike Johnson (R-La.) received pushback from hardline conservatives in the House Republican Conference on his decision to renegotiate the FY24 topline number deal. Members of the House Freedom Caucus pushed for the Speaker, who is attempting to thread the needle with his party and its slim majority, to alter the agreed-upon topline numbers of $1.659 trillion. Still, Speaker Johnson said, “Our top line agreement remains.” The agreement of a short-term CR places emphasis on lawmakers finalizing FY24 government funding prior to April, since FY24 funding would receive automatic one-percent across-the-board-cuts as stipulated by the 2023 Financial Responsibility Act. Today, President Joe Biden invited Congressional leaders to the White House to discuss immigration and Ukraine aid on Wednesday. Negotiators will attempt to reach an agreement on military aid for Ukraine in exchange for increased border security funding. The House Speaker is sure to push for the inclusion of the House-passed border legislation, Secure the Border Act of 2023 (H.R. 2), a hard sell for Democrats.

 

Senate Finance Committee Chair Ron Wyden (D-Ore.) and House Ways and Means Committee Chair Jason Smith (R-Mo.) recently announced their Tax Relief for American Families and Workers Act of 2024. The agreement includes a deal to expand the Child Tax Credit and undo three restrictions on tax breaks for businesses. The $80 billion deal also includes a provision to expand the Low-Income Housing Tax Credit, raising the credit’s ceiling from 9 percent to 12.5 percent through 2025.

 

The House will consider six bills under suspension of the rules. The House is scheduled to vote on the Pregnant Students’ Rights Act (H.R. 6914), which requires institutions of higher education to disseminate information on the rights of, and accommodations and resources for, pregnant students; the Supporting Pregnant and Parenting Women and Families Act (H.R. 6918), which prohibits the Secretary of Health and Human Services from restricting funding for pregnancy centers; and a resolution (H. Res. 957) denouncing the Biden Administration's “open-borders policies, condemning the national security and public safety crisis along the southwest border, and urging President Biden to end his administration's open-borders policies.” The Senate will vote on S.Res.504, which requests information on Israel's human rights practices pursuant to section 502B(c) of the Foreign Assistance Act of 1961.

 

For the remainder of the week, the House will hold several hearings, including: a House Transportation and Infrastructure Committee hearing titled “The State of Transportation;” a House Small Business Committee hearing titled “Unleashing Main Street's Potential: Examining Avenues to Capital Access;” an Oversight and Accountability Committee hearing titled “The Next Generation: Empowering American Nuclear Energy.” The Senate will also hold various hearings, including a Senate Health, Education, Labor, and Pensions Committee hearing on “Addressing Long COVID: Advancing Research and Improving Patient Care;” and a Senate Judiciary Committee hearing on “Five Years of the First Step Act: Reimagining Rehabilitation and Protecting Public Safety.” The Joint Economic Committee will hold a hearing on “Rebuilding the American Dream: Policy Approaches to Increasing the Supply of Affordable Housing.

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 6929 & S. 3565

Affordable Connectivity Program Extension Act

Rep. Yvette Clarke (D-NY-9) & Sen. Peter Welch (D-VT)

Provides $7 billion for the Affordable Connectivity Program (ACP), which provides affordable high-speed internet options to qualifying households across the U.S.

H.R. 6931

National Dam Safety Program Amendment Act

Rep. Chuck Edwards (R-NC-11)

Reauthorizes the National Dam Safety Program through fiscal year 2028, increases the amount a state can receive for its dam safety program through already-available funding under the Federal Emergency Management Agency by 800 percent.

H.R. 6932

Low-Head Dam Inventory Act

Rep. Chuck Edwards (R-NC-11)

Plays a critical role in preventing and protecting downstream communities from the effects of dam failure, reducing dam operating costs, and making sure that dams across the country continue to provide critical water management services.

S 3572

Creative Workforce Investment Act

Sen. Ben Ray Lujan (D-NM)

Directs the Secretary of Labor, in consultation with the Chairperson of the National Endowment for the Arts, to award grants for arts and creative workforce programs

H.R. 6948

Strengthening Housing Supply Act of 2024

Rep. Maxine Waters (D-CA-43)

Authorizes affordable housing construction as an eligible activity under the Community Development Block Grant Program.

Agency

Title

Proposed Regulation

Comment Deadline

EPA

National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI)

EPA is proposing to expand Lead and Copper Rule requirements that will lower the Lead Action Level, aspire to 100% lead pipe replacement within 10 years and much more.

February 5, 2024

DOT

Freight Car Safety Standards Implementing the Infrastructure Investment and Jobs Act

This regulation would codify a process for FRA to monitor and enforce compliance with the Act. To carry out the Act's certification requirement, FRA is proposing to require railroad freight car manufacturers to electronically certify to FRA that each freight car complies with the Act before it operates on the U.S. general railroad system of transportation.

February 6, 2024

FCC

Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment

Process for the Commission's review and assessment of pole attachment disputes that impede or delay broadband deployment in order to expedite resolution of such disputes, and providing communications providers with information about the status of the utility poles they plan to use as they map out their broadband buildouts.

February 12, 2024

FCC

Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment

Seeks comment on whether the Commission should modify its self-help rules to enable prospective attachers to access poles more quickly. Finally, it seeks comment on the impact of contractor availability when attachers seek to use their own contractors when conducting self-help or one-touch make-ready for surveys and make-ready work.

February 13, 2024

DHS

Advancing Environmental Justice

DHS will use comments citing barriers and challenges, successes, suggestions, and ideas to help improve and advance the Department's environmental justice program, conduct meaningful engagement, and address environmental justice challenges that communities are facing.

February 16, 2024

CISA

Shifting the Balance of Cybersecurity Risk: Principles and Approaches for Secure by Design Software

The white paper identifies three core principles to guide software manufacturers in building software security: 1. Take Ownership of Customer Security Outcomes, 2. Embrace Radical Transparency and Accountability, and 3. Lead From the Top.

February 20, 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

Census

Providing Public Access to the Results of Federally Funded Research

The document outlines the Census Bureau's plan for implementing new requirements to manage the public access of scientific data and publications. Public comments received on the Public Access Plan will inform Census Bureau as it develops policies and procedures to implement the Plan.

March 12, 2024

EPA

Initiation of Prioritization Under the Toxic Substances Control Act (TSCA)

EPA seeks comment on prioritization process for five chemical substances as candidates for designation as High-Priority Substances for risk evaluation under the Toxic Substances Control Act (TSCA)

March 18, 2024

Week in Review

Congressional leaders unveil 2-step plan to fend off shutdown 


House, Senate tax chiefs announce deal on business deductions, low-income credits

 

Biden to meet with top congressional leaders on immigration and Ukraine aid


Schumer indicates government funding bill will go to Senate floor Tuesday

 

Trump wins Iowa caucus 2024

 

Speaker Johnson sticks by deal struck with Dems despite GOP complaints

 

Barrasso recovering from surgery, will miss week in Senate

 

March CR plan puts farm bill at risk