The Senate will be in session for the week ahead while the House is out of session. When the Senate convenes on Monday, the Senate is expected to remain on the legislative text that will be added to H.R. 3684, the bipartisan infrastructure bill. Amendments to the text – which became available only late on Sunday – are anticipated with a goal of wrapping-up the bill later in the week. Majority Leader Chuck Schumer (D-NY) may also look to move additional legislation related to human infrastructure or nominations that have been cleared for action.

Senate Passes U.S. Capitol & Afghan Refugee Supplemental Appropriations Bill – On Thursday, the U.S. Senate adopted legislation (H.R. 3237 as amended) that will provide $2.1 billion in emergency funds to help cover the costs of necessary repairs to the U.S. Capitol in the wake of the January 6^th insurrection as well as help relocate Afghan interpreters and their families to the United States. The vote in the Senate was 98 to 0. Among the provisions of the bill as passed are reimbursements to the various National Guard troops who were called-in to protect the Capitol in the wake of the insurrection; funds to cover COVID-19 protective measures in Congress; and funds to provide such items as overtime pay, mental health wellness, and retention bonuses to Capitol Police and the men and women who work in the Capitol building. In addition, the bill would pay for more security cameras, hardened windows and doors, and more screening booths. Further, the bill would expedite the ability of Afghan interpreters and their families to come to the United States by expanding the number of visas available as well as provide funds to accommodate an anticipated surge in Afghan refugees in the months ahead. Because the Senate had made changes to the text of the bill – which the House had passed in May – it had to go back to the House for further consideration. The House did ultimately agree to the changes made by the Senate and adopted H.R. 3237 by a vote of 416 to 11. After the bill was adopted by the House, it went to the desk of President Biden for his signature.

House Passes Legislative Branch Appropriations Bill – On Thursday, the House of Representatives adopted the fiscal year 2022 Legislative Branch spending bill by a vote of 215 to 207. The committee approved a total of almost $4.8 billion in discretionary spending, which is an increase of $582 million above the FY 2021 enacted level. Of that amount, the bill provides roughly $1.72 billion for House of Representatives’ salaries and expenses. (The Senate sets its salaries in their version of the bill.) In addition, the bill allocates $729.3 million for the Government Accountability Office (GAO), $60.9 million for the Congressional Budget Office (CBO), $738.3 million for the Architect of the Capitol, and $603.9 million for the Capitol Police.  The bill also includes language that will “remove statues or busts in the U.S. Capitol that represent figures who participated in the Confederate Army or government as well as the statues of white supremacists Charles Aycock, John C. Calhoun, James Paul Clarke, and the bust of Roger Taney.” Now that it has been adopted by the House, it goes to the Senate for further consideration.

House Approves Fiscal Year 2022 State and Foreign Operations Spending Bill – On Wednesday, the House of Representatives adopted the fiscal year (FY) 2022 State, Foreign Operations, and Related Programs funding bill by a vote of 217 to 212. The House approved a total of more than $62.2 billion in discretionary spending, which is an increase of roughly $6.7 billion from the FY 2021 enacted level. Of the amount included in the bill, the Department of State would receive a total of $18.2 billion including $6.1 billion for embassy security, while the USAID would see $1.8 billion. The bill would allocate some $29.6 billion for bilateral economic assistance to foreign countries, $9 billion for international security assistance, and $6.1 billion for the President's Emergency Plan for AIDS Relief (PEPFAR). The bill provides $114 million for the U.S. Export-Import Bank. Further, the bill provides $8.3 billion for humanitarian assistance and $405 million for the Peace Corps. The bill also repealed two long-standing anti-abortion provisions: the “Helms Amendment,” which served to ban foreign aid from being used for abortions, and the “Mexico City Policy” which prevented U.S. funds from being used for counseling abortion as a family planning means. Now that it has been adopted by the House, it goes to the Senate for further consideration.

House Passes Seven-Bill “Mini-Bus” Funding Measure – On Thursday, the House of Representatives adopted a seven-bill package of fiscal year 2022 funding measures on a straight party-line vote of 219 to 208. It now goes to the Senate for further consideration. The measure (H.R. 4502) that was passed by the House includes the following:

Infrastructure Bill Targets Energy Sector Improvements – According to lawmakers, the bipartisan infrastructure bill in the Senate would spend billions to shift toward a less carbon-centric power sector in the United States. The bill, which includes both baseline and new spending, was devised during weeks of negotiations by 11 Democrats, 11 Republicans and representatives of the Biden administration. It incorporates legislation (S. 2377) from Sen. Joe Manchin III, D-W.V., that his Energy and Natural Resources Committee advanced two weeks ago with the support of three Republican senators — Lisa Murkowski of Alaska, Bill Cassidy of Louisiana and Steve Daines of Montana.

For more information on the Council's Energy & Environment Committee, please contact Sean Malone.

Chairman Neal & Wyden Release Data on Mega-IRA Accounts – On Wednesday, Senate Finance Committee Chairman Ron Wyden (D-OR) and House Ways & Means Committee Chairman Richard Neal (D-MA) released data indicating a significant increase in recent years in the number of taxpayers with so-called “mega-IRAs.” The memo prepared by the Joint Committee on Taxation (JCT) showed that in 2019, there were nearly 29,000 taxpayers with aggregate IRA balances of at least $5 million, and of that group, some 500 had aggregate balances of $25 million or more. The Chairmen of Congress’ two tax-writing committees requested the date from the JCT following a news report indicating that some billionaires have used a certain type of IRA account to avoid taxes. Both Chairmen indicated that their committees are considering ways to prevent wealthy individuals from using IRAs to avoid taxes. “IRAs are intended to help Americans achieve long-term financial security, not to enable those who already have extraordinary wealth to avoid paying their fair share in taxes and deepen existing inequalities in our nation," Chairman Neal said in a statement. Read more from The Hill.

Democratic Senators Reintroduce Bill to Cap Consumer Loan APR – On Wednesday, Senator Jack Reed (D-RI) teamed with several of his Democratic colleagues on the Senate Banking Committee to reintroduce “The Veterans and Consumers Fair Credit Act,” legislation aimed at capping the annual percentage rate (APR) on consumer loans at 36 percent. Senator Reed, along with Senators Jeff Merkley (D-OR), Sherrod Brown (D-OH), and Chris Van Hollen (D-MD), filed a bill that would extend the protections of the Military Lending Act (MLA), In an effort to end what they describe "abusive and predatory lending practices that target vulnerable consumers." Congress passed the MLA in 2006 to rein in predatory payday lenders and other loan product providers who used abusive lending practices to target American troops, resulting in significant debt. While 18 states and the District of Columbia have enacted interest rate caps that prevent payday loans, the Senators say federal action is required to protect consumers nationwide. “The Military Lending Act has been a bipartisan success, and predatory lenders should not be given more targets just because servicemembers and their families retire, separate from honorable service, or lose their loved ones,” said Senator Reed. Senators Richard Blumenthal (D-CT) and Patrick Leahy (D-VT) are among the bill’s cosponsors.

SBA Launches PPP Direct Forgiveness Portal – On Wednesday, the U.S. Small Business Administration (SBA) launched a streamlined application portal to allow borrowers with Paycheck Protection Program (PPP) loans $150,000 or less through participating lenders to apply for forgiveness directly through the SBA.  The new platform is aimed at speeding relief to over 6.5 million smallest of small businesses, and it will begin accepting applications from borrowers on August 4, 2021. Lenders are required to opt-in to this program, and the SBA reports that 600 banks have opted in so far, representing 2.17 million borrowers, or 30% of loans $150,000 or less that have not yet applied for forgiveness. In addition to the new online platform, the SBA will also provide a PPP customer service team to answer questions and directly assist borrowers with their forgiveness applications. “We need to deliver forgiveness more efficiently so [small businesses] can get back to enlivening our Main Streets, sustaining our neighborhoods and fueling our nation’s economy," said SBA Administrator Isabel Guzman in announcing the new platform. Read more in Banking Dive.

For more information on the Council's Financial Services Committee, please contact Griffin Doherty.

Senate Judiciary Committee Approves Four Bipartisan Drug Bills – The Senate Judiciary Committee on Thursday approved by voice vote four bipartisan bills targeting anti-competitive practices in the pharmaceutical industry. The bills are largely similar to legislation that the committee or its House counterpart approved in the previous Congress, but several have been stalled amid partisan fights over ideas like allowing Medicare to negotiate drug prices. Democrats are currently working to find common ground on a sweeping drug pricing bill (H.R. 3) that faces little chance of passing the more moderate Senate in its current form.

The first committee-approved bill (S. 1425) aims to crack down on the use of citizen petitions by brand-name manufacturers to stall generic competition by allowing the Federal Trade Commission to levy fines or sue manufacturers in court. The second bill (S. 1428) would prohibit most “pay-for-delay” agreements in which brand-name manufacturers strike deals with generic manufacturers to delay the entry of rival products into the market. The third measure (S. 1388) would require the FTC to conduct a study scrutinizing the role of intermediaries like pharmacy benefit managers and pharmacy services administrative organizations in the drug supply chain. The final bill (S. 1435) would crack down on patent extension strategies known as “product hopping” or “evergreening,” in which a manufacturer secures new patents for slight modifications to the same drug.

House Panel Urges FDA to Accelerate Action on Certain Drugs – On Thursday, a House panel urged the Food and Drug Administration (FDA) and National Institutes of Health (NIH) in a hearing to accelerate the introduction of drugs for diseases affecting the brain and central nervous system, despite concerns among experts that the FDA was too eager to approve a controversial Alzheimer's drug this year. The Energy and Commerce Health Subcommittee hearing spotlighted the tension between clinicians and academics who say the FDA may be sacrificing scientific rigor to allow drugs on the market, and lawmakers representing ill constituents with no time to spare. 

Biden Administration Advises Return of Masks and Vaccination Incentives – Last week the Centers for Disease Control and Prevention (CDC) said 69.3 percent of U.S. counties have COVID-19 transmission rates high enough to justify indoor mask wearing in public places and urged officials to implement such policies immediately.

Additionally, President Biden made his latest effort to increase COVID-19 vaccination rates by requiring federal employees to get vaccinated and also calling on state and local governments to offer a $100 incentive to those who receive a vaccine voluntarily. The Defense Department followed suit a few hours later by requiring its nearly 1.5 million service members to get a COVID-19 vaccine or submit to regular testing, social distancing and mask-wearing.

For more information on the Council's Heatlhcare Committee, please contact Sean Malone.

Education Funding Moves Forward - The House voted 218 to 207, mostly along party lines, to move forward to consideration of a $620 billion appropriations package, which includes about $253.8 billion in fiscal 2022 discretionary spending for the departments of Labor, Education, and Health and Human Services. Discussion on the seven-bill House appropriations package was dominated by the issue of abortion, with Republicans saying the legislation should contain a ban on federal funding being used for abortion services, the Hyde amendment. The education portion of the bill would provide $102.8 billion for the Education Department, a $29.6 billion increase from fiscal 2021 and matching the amount the Biden administration requested. Most of the increase goes to a $20 billion hike in funding for Title I grants to local schools, to $36 billion. The maximum Pell Grant under the program would increase by $400, to $6,895. Federal student aid programs would receive an additional $2.6 billion, to $27.2 billion. It would provide $2.2 billion for career, technical and adult education. The bill would also include $49 billion for the National Institutes of Health.

Legislation Introduced to Fund Student Internet Access - Seventeen Senators and 25 House members introduced the Securing Universal Communications Connectivity to Ensure Students Succeed (SUCCESS) Act. This legislation would build on the FCC’s Emergency Connectivity Fund that was created under the American Rescue Plan and provide schools and libraries with $8 billion a year over five years to continue to provide Wi-Fi hotspots, modems, routers, and internet-enabled devices to students, staff, and library patrons following the coronavirus pandemic.

Speaker Pelosi Comments on Student Debt Cancellation - House Speaker Nancy Pelosi (D-CA) broke from Senate Majority Leader Charles Schumer (D-NY) and other powerful Democrats Wednesday by disputing President Biden’s authority to cancel federal student debt, the Washington Post reports. Many Democrats had been calling for the President to unilaterally cancel a portion of students loan debt, and arguing that he had the authority to do so. The President has said that he believes he can, but that ultimately it should be Congress that passes legislation.

CDC Advises Masks in K-12 Schools – On Tuesday, the Centers for Disease Control and Prevention recommended that some people vaccinated against COVID-19 resume wearing face masks indoors as new data indicated fully vaccinated individuals can spread the dangerous delta variant. The recommendations also said that all students, staff and visitors to K-12 schools should wear a mask when students resume in-person learning in the fall, regardless of vaccination status. Earlier this month, the CDC said all fully vaccinated school-age children could go maskless in the classroom, while unvaccinated students should mask up. Soon after the agency released this guidance, the American Academy of Pediatrics recommended all students, regardless of vaccination status, wear masks in the classroom to help prevent transmission.

For more information on the Council's Higher Education Committee, please contact Taylor Pichette.

President Announces Cybersecurity Standards System – On Wednesday, President Joe Biden ordered federal agencies to draft cybersecurity standards that operators of critical infrastructure can voluntarily aim for. The voluntary structure could lead to a mandate. The memorandum directed the Department of Homeland Security, the Commerce Department and other agencies to develop cybersecurity performance goals for operators of critical infrastructure plants deemed highly vulnerable to ransomware and other cyber-attacks. The preliminary set of goals would be ready by September 22, followed by final standards within a year, according to the memorandum. The President also will establish an industrial control system cybersecurity initiative. The effort would be a voluntary collaboration between private operators of such facilities as water and sewage treatment plants, chemical and gas pipeline operators, electric utilities and the federal government to adopt the new goals.

Cyber Subcommittee Moves NDAA - On Wednesday, the House Armed Services Subcommittee on Cyber, Innovative Technologies and Information Systems approved by voice vote its portion of the fiscal 2022 defense authorization bill (H.R. 4350). The Subcommittee, which was just created this year, is the first of the seven House Armed Services subcommittees to advance its section of the legislation, which is expected to authorize nearly three-quarters of a trillion dollars in spending at the Pentagon and other departments. The Cyber panel focused its legislation on helping defense contractors to more easily move promising systems from development into production.

Agriculture Leadership Pushes for Rural Broadband - House Agriculture Committee Chairman David Scott (D-GA) and Ranking Member Glenn 'GT' Thompson (R-PA) sent a letter to House Leadership urging them to bring H.R. 4374, the Broadband Internet Connections for Rural America Act, to the House Floor for a vote. The bill would provide USDA with an authorization of $43.2 billion to extend rural broadband and received a unanimous committee vote. Other committees have argued that the Agriculture Department has not fulfilled the goals and those committees have begun to pass similar legislation that does not send funding through the Department of Agriculture. “No agency is better equipped to bring rural broadband internet connections to rural America than the USDA,” the letter reads.

For more information on the Council's Technology Committee, please contact Emily Heisig or Taylor Pichette.

Senate Finance Holds Hearing on 1-Year Anniversary of USMCA – On Tuesday, the Senate Finance Committee held a hearing to discuss the U.S. Mexico Canada Agreement (USMCA) on trade on the occasion of the one-year anniversary of the pact being fully implemented. In his opening statement, Committee Chairman Ron Wyden (D-OR) lamented that the Trump Administration rushed the process and that “only a few months were given to implement the agreement” which was “not nearly enough time to protect American workers and businesses by holding Canada and Mexico to their commitments.” Senator Wyden said that with Canada, the “Biden administration will have to work to make sure our dairy farmers have the access they were promised,” and with Mexico, that the current Administration has had to use methods in the USMCA to prevent them from “moving too slowly on the implementation of key reforms to its labor laws.” Senator Wyden stated the importance of “getting trade done right as a way to protect our workers and create high-wage, high-skill jobs…raising the bar on issues like labor and environmental protections…[and] vigorous enforcement.” He said that while the Trump Administration “cut corners,” the Biden Administration “has already begun addressing all these outstanding issues so that USMCA lives up to its promise.” In his opening statement, the Committee’s Ranking Member, Senator Mike Crapo (R-ID), said that agriculture producers in his state still face challenges in getting access to markets including the ability to sell potatoes into Mexico and attempts to label common cheese names “by claiming they are geographic indications.” Senator Crapo also expressed concern that some in the House were looking to enact amendments to the USMCA “that allegedly strengthen labor and environment standards, but most certainly weaken our intellectual property rights” adding that “I will not accept that.” Senator Crapo went further, stating “if we are going to unlock the promise of USMCA, and also understand its shortcomings, we need to press for effective implementation and enforcement.”

Biden Proposes Buy American Changes – On Wednesday, the White House rolled out new proposed changes to the Buy American Act that they indicate will increase domestic content in products that are purchased by the federal government relative to key federal departments and agencies. In the proposed rulemaking, the White House is looking to increase the minimum domestic content of products bought with taxpayer dollars to 60 percent immediately and ultimately rising to 75 percent. Further, the proposed rulemaking would apply “enhanced price preferences to select critical products and components” which the White House believes “would support the development and expansion of domestic supply chains for critical products by providing a source of stable demand for domestically produced critical products.” The new rule would also seek “to establish a reporting requirement for critical products” which would help “bolster compliance with the Buy American Act and improve data on the actual U.S. content of goods purchased.” Federal entities covered by the new rulemaking include the Department of Defense, NASA, and the General Services Administration (GSA). Comments by the public on this new rulemaking may be submitted prior to September 28, 2021.

For more information on the Council's Trade Working Group, please contact Peter Phipps.

Senate Reaches Deal on Infrastructure Bill; Takes Initial Procedural Steps – On Wednesday, a group of some 20 Senators from both sides of the aisle were able to put the final touches on a five-year infrastructure package, setting it up for the beginning rounds of floor debate. The group had reached a framework agreement with President Biden in early June and had spent the time since then trying to hammer out the details on what would be included in (and excluded from) the final bill. Generally, the agreement includes about $550 billion in new spending which is approximately $40 billion less than what was called for in the original proposal. Public transit saw a loss of about $10 billion, dropping to $39.2 billion in the agreement. Many of the other priorities remained the same in terms of terms of new spending including: $110 billion for roads and bridges; $66 billion for passenger and freight rail; $65 billion for broadband; $25 billion for airports; $55 billion for water infrastructure; and $73 billion for energy systems. Four New England Senators had a hand in crafting the final arrangement – Jeanne Shaheen (D-NH), Susan Collins (R-ME), Angus King (I-ME) and Maggie Hassan (D-NH) – while many credited Senators Rob Portman (R-OH) and Kyrsten Sinema (D-AZ) with keeping negotiations on track. With the agreement in hand, Senate Majority Leader Chuck Schumer (D-NY) quickly moved to recall the vote (from a week earlier) on the original cloture attempt on the motion to proceed to the infrastructure bill. That vote occurred later in the day on Wednesday and prevailed by a vote of 67 to 32. Every member of the New England Senate delegation voted for the cloture motion, and overall, 17 Republican Senators joined with all 50 Democrats in voting to let the legislative process on this measure begin. On Friday, the Senate voted on the motion to proceed to the bill, clearing that procedural hurdle by a vote of 66 to 28. The Senate remained in session over the weekend in a rare move in order to try and push the bill along. The Senate will debate this bill during the week ahead with a goal of finishing it by the end of the week.

House Committee Approves Trio of Aviation and Infrastructure Measures – On Wednesday, the House Committee on Transportation and Infrastructure held a markup where Committee members approved a number of pieces of legislation including three bills related to aviation as well as infrastructure. The first of the measures approved at the committee markup was the Fair and Open Skies Act (H.R. 3095) which would prevent new airlines from flying to and from the U.S. under so-called “flags of convenience” which are meant to “avoid the regulations of their home countries, or otherwise undermine labor standards.” Another bill approved by the Committee was the Advanced Air Mobility Coordination and Leadership Act (H.R. 1339). As amended during Committee consideration, this bill would “establish an advanced air mobility (AAM) interagency working group at the U.S. Department of Transportation.” This working group would be comprised of interested parties at the federal government level as well as private stakeholders including the civil aviation industry, labor, and the public in order to “evaluate, plan, and coordinate efforts to help advance U.S. leadership in the emerging AAM industry.” In addition, the T&I Committee adopted the E-BRIDGE Act (H.R. 3193) which would “create a high-speed broadband initiative and authorizes the Economic Development Administration to award grants for public-private partnerships and consortiums to carry out broadband projects.” The Committee also approved H.R. 4679, which will name the Department of Transportation Headquarters Building after former Secretary Norm Mineta. With Committee passage, each bill is now ready for floor action.

President Signs National Security Memo on Cybersecurity Infrastructure – On Wednesday, President Biden signed a National Security Memorandum (NSM) related to “Improving Cybersecurity for Critical Infrastructure Control Systems,” which, a White House fact sheet indicates, “addresses cybersecurity for critical infrastructure and implements long overdue efforts to meet the threats we face.” The White House stated that the NSM will have the Departments of Homeland Security and Commerce coordinate with other federal agencies to “develop cybersecurity performance goals for critical infrastructure” such as “power, water and transportation” services. Additionally, the NSM puts in place the Industrial Control System Cybersecurity (ICS) Initiative, which the White House describes as a “voluntary, collaborative effort between the federal government and the critical infrastructure community to facilitate the deployment of technology and systems that provide threat visibility, indicators, detections, and warnings.” The White House stated that along with other cyber initiatives the Administration has developed, they are taking “a focused and aggressive continuing effort to address these significant threats to our nation.”

For more information on the Council's Transportation & Infrastructure Committee, please contact Peter Phipps.