Weekly Legislative Update

January 8, 2024

Congressional Outlook

The House and Senate are back in session this week. After finalizing a deal on topline funding, Congress will focus on completing full fiscal year (FY) 2024 funding across all 12 spending bills. Even with an agreement in place, lawmakers will need to act swiftly to avoid a partial federal government shutdown beginning January 20.

 

On Sunday, Democrats and Republicans reached an agreement on topline numbers for the FY 2024 appropriations bills. Appropriators will draft bills using the $1.659 trillion topline number, with $886 billion for defense funding and $772.7 billion for non-defense funding. Congressional leaders have not yet publicly announced funding allocations for each of the 12 spending bills, an issue that will surely lead to further contentious negotiation. “The bipartisan funding framework congressional leaders have reached moves us one step closer to preventing a needless government shutdown and protecting important national priorities,” said President Biden of the deal. Both party leaders celebrated victories gained during the negotiations, with Republicans touting $30 billion less in funding sought after by Senate Democrats. At the same time, Democrats cheered victories over the deal, citing the exclusion of poison pill policy riders and no cuts in additional IRS funding. The cuts total $16.1 billion, with $10 billion in already-agreed to IRS recissions and $6.1 billion in COVID-related funding rescissions. Given the structure with which Congress passed the current continuing resolution (CR) in mid-November, lawmakers have until Friday, January 19 to address funding for four appropriations bills (Agriculture-FDA, Energy & Water, Military Construction-Veterans Affairs, and Transportation-HUD.) With just 11 days left until the first funding deadline, it is unclear whether Congress will aim to pass another short-term CR for these four spending bills, pass a minibus package, or allow a brief partial government shutdown to occur. Congress has until Friday, February 2 to pass the remaining eight spending bills. Having decided on an FY24 topline, some believe lawmakers will also attempt to settle on a separate deal including funding for Ukraine, Israel, and Taiwan and changes to immigration/border policy.

 

The House will consider five bills under suspension of the rules, all focusing on foreign affairs-related matters pertaining to China, Taiwan, and Russia. The House will also vote on the Senate-passed disapproval resolution S.J. Res. 38 blocking the notice announced by the Federal Highway Administration in February 2023 related to a “Waiver of Buy America Requirements for Electric Vehicle Chargers,” which would temporarily permit the use of non-US made materials for electric vehicle chargers; the Stop Settlement Slush Funds Act of 2023 (H.R. 788), which prohibits federal agencies from directing payments to third parties, such as charitable organizations, as part of court settlements; and a Congressional Review Act (CRS) disapproval resolution (H.J. Res. 98) nullifying the National Labor Relations Board’s October 2023 final rule establishing a new standard to determine whether two businesses are joint employers of the same workers. The Senate will vote on the nominations of John Kazen to be a U.S. District Judge for the Southern District of Texas; Jose Javier Rodriguez to be Assistant Secretary for Employment and Training at the Department of Labor; Joseph Goffman to be an Assistant Administrator for the Office of Air and Radiation at the Environmental Protection Agency; S. Kato Crews to be a U.S. District Judge for the District of Colorado; and Karoline Mehalchick, to be a U.S. District Judge for the Middle District of Pennsylvania.

 

For the remainder of the week, the House will hold several hearings, including: a House Energy and Commerce Subcommittee hearing titled “Protecting Clean American Energy Production and Jobs by Stopping EPA’s Overreach;” a House Financial Services Committee hearing titled “Oversight of the Department of Housing and Urban Development and the Federal Housing Administration;” a House Transportation and Infrastructure Subcommittee hearing titled “Proposals for a Water Resources Development Act of 2024: Members’ Day.” The Senate will also hold various hearings, including a Senate Budget Committee hearing on “Safeguarding Municipal Bonds from Climate Risk;” and a Senate Energy and Natural Resources Committee hearing on “Examining Federal Electric Vehicle Incentives Including the Federal Government's Role in Fostering Reliable and Resilient Electric Vehicle Supply Chains.

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 6861

Refundable Credit for Wildfire Mitigation

Rep. Kevin Kiley (R-CA-3)

Amends the Internal Revenue Code of 1986 to provide a refundable credit against tax for wildfire mitigation expenditures.

H.R. 6867

Conservation Innovation Act

Rep. Zach Nunn (R-IA-3)

Establishes an Office of Conservation Innovation within NRCS to ensure the utilization of the most effective new technology during the revision of current conservation standards and development of new standards.

H.R. 6882

Preparedness and Risk management for Extreme weather Patterns Assuring Resilience and Effectiveness (PREPARE) Act

Rep. Matt Cartwright (D-PA-8)

Enhances the Federal Government's planning and preparation for extreme weather and the Federal Government's dissemination of best practices to respond to extreme weather, thereby increasing resilience, improving regional coordination, and mitigating the financial risk to the Federal Government from such extreme weather.

H.R. 6890

A bill to improve the grant process for certain Department of Transportation programs

Rep. Celeste Maloy (R-UT-2)

Improves the process for awarding grants under certain programs of the Department of Transportation to certain counties in which the majority of land is owned or managed by the Federal Government and to other units of local government and Tribal governments in those counties.

H.R. 6891

A bill to improve the grant process for certain Department of Agriculture programs

Rep. Celeste Maloy (R-UT-2)

Improves the process for awarding grants under certain programs of the Department of Agriculture to certain counties in which the majority of land is owned or managed by the Federal Government and to other units of local government and Tribal governments in those counties.

H.R. 6907

A bill creating grant program to cover childcare services costs

Rep. Robert Menendez (D-NJ-8)

Establishes a grant program to provide assistance to eligible individuals to cover the costs of childcare services.

Agency

Title

Proposed Regulation

Comment Deadline

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

Office of Science and Technology Policy

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

Comments to the Subcommittee on Environmental Justice formed under the National Science and Technology Council Committee on the Environment in support of developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice

January 12, 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

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

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

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

House speaker invites Biden to deliver State of the Union on March 7

 

Deal reached on appropriations toplines, sources say

 

Speaker Johnson announces top-line spending deal to avoid government shutdown


Election 2024: Retirements could tip control of House majority

 

Biden signs record $886 billion defense bill into law

 

FAA authorization extended for a second time this Congress through March 2024

 

California Governor Gavin Newsom sets spring special election to replace Kevin McCarthy

 

Mitch Landrieu, Biden’s Infrastructure Coordinator, Steps Down

 

How Cities Can Approach and Fund Critical Infrastructure Resiliency