Federal Legislative Update - Week of October 30th, 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 passed its 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 Branch, Interior-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
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.
Flood Protection and Infrastructure Resilience Act
Sen. Pete Ricketts (R-NE)
Modifies the Department of Agriculture programs to improve flood protection and infrastructure resiliency.
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.
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
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.
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.
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.
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.
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.
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
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
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