House and Senate Appropriators Scramble to Get Omnibus Done During the Lame Duck

Congressional negotiators on Tuesday reached a deal on the omnibus spending package. After weeks of stalled negotiations, appropriators said Dec. 13 they have “reached a bipartisan, bicameral framework” that should lead to an omnibus appropriations bill that can pass the House and Senate. The agreement will keep the government funded and prevent a looming partial government shutdown. Rep. Rosa DeLauro (D-CT) said the Senate will vote on the omnibus first. Democrats are sending the Senate a shell bill that would serve as a vehicle for the package.

 

The House of Representatives on Wednesday (224-201) approved a one-week stopgap bill (H.R. 1437) to keep federal agencies funded through Dec. 23, giving lawmakers time to finish working out the details and pass a $1.7 trillion bipartisan appropriations bill before heading into the holiday recess. Senate Minority Leader Mitch McConnell increased pressure on negotiators to finalize the deal by Dec. 22, threatening that the GOP would support a measure that maintains spending levels through March. Republicans and Democrats have agreed on $858 billion in military spending, up from $782 billion in fiscal 2022, but Democrats want $26 billion more than Republicans in non-defense spending

 

But timing is extremely tight, and a number of pitfalls could complicate passage in both chambers. These include a number of unrelated policy provisions that members will be pushing to include before the next Congress begins in January. Also, in the Senate, which has yet to agree on the week-long CR, any individual senator can hold up a bill to demand amendments or other concessions. Sens. Rand Paul (R- KY), Ron Johnson (R- WI), and Mike Lee (R- UT) told reporters they haven’t decided yet whether they will block fast-track passage of a CR and/or the omnibus.

 

Senate Poised to Vote on NDAA

Last week, the House and Senate Armed Services Committees released compromise text for the annual FY23 National Defense Authorization Act (NDAA, H.R. 7776), which includes reauthorization of the Water Resources Development Act of 2022 (WRDA) for two years. The legislation combines WRDA language from both chambers to establish a framework for the Army Corps of Engineers’ work on water infrastructure, including, navigation, flood control, and ecosystem restoration. The House passed the bill on Dec. 8 by a vote of 350 to 80. The Senate’s timeline is a bit more unclear but could pass as early as this week.

 

Senate Majority Leader Chuck Schumer (D-NY) plans to vote on a proposal by Senator Joe Manchin (D-WV) to streamline energy permitting rules as an amendment to the NDAA. However, it is unlikely to garner the 60 votes needed for passage.  Senate Republicans oppose the measure despite the many concessions Manchin included in the latest proposal in response to GOP concerns. Last week, Democrats were forced to withdraw the permitting proposal from the compromise text of the bill due to resistance from House progressives.

 

Senate Majority Leader Chuck Schumer filed two cloture motions Wednesday evening to limit debate on the bill, meaning a cloture vote on the bill may come as early as this Friday. If all goes as planned, a time agreement is expected today and final passage would then likely occur over the weekend.

 

Senate Democrats Elect Leaders as Sen. Sinema Leaves the Democratic Party

Senate Majority Leader Chuck Schumer (NY) announced on Dec. 8  the Senate Democratic leadership for the 118th Congress. Sen. Schumer will remain the majority leader, and Senator Dick Durbin (IL) will remain the Democratic Whip.  Other leadership positions include:

Chair of the Democratic Policy and Communications Committee: Senator Debbie Stabenow (MI) Chair of Steering Committee: Sen. Amy Klobuchar (MN)

Vice Chair of the Conference: Sen. Elizabeth Warren (MA)

Vice Chair of the Conference: Sen. Mark Warner (VA)

Chair of Outreach: Senator Bernie Sanders (VT)

Vice Chair of the Democratic Policy and Communications Committee: Sen. Joe Manchin (WV)

Senate Democratic Conference Secretary: Sen. Tammy Baldwin (WI)

Vice Chair of the Democratic Policy and Communications Committee: Sen. Cory Booker (NJ) Vice Chair of Outreach:  Sen.  Catherine Cortez Masto (NV) Deputy Democratic Conference Secretary: Sen.  Brian Schatz (HI)

 

Sen.  Kyrsten Sinema (AZ) announced on Dec. 9 that she will leave the Democratic Party and switch to being an Independent. The first-term senator said she will not caucus with Republicans and intends to vote the same way she has for the past four years. However, she declined to confirm that she will work with Democrats. Her spokesman said she intends—and Senate Majority Leader Chuck Schumer has confirmed—to maintain her Democratic majority committee assignments, which means she will caucus with Democrats.

 

EPA Outlines Plans For New Lead Service Line Rule

EPA’s water chief Radhika Fox said in a Dec. 9 declaration that the agency will introduce strict new drinking water regulations to limit lead exposure. This includes complete lead service line (LSL) replacement and prioritizing LSL replacement in environmental justice communities. The declaration gives some insight into the agency’s preparations for its lead and copper rule improvements (LCRI), which aims to go about replacing lead pipes. “EPA intends to propose for comment requirements that, along with other non-regulatory actions, would result in the replacement of all lead service lines as soon as feasible, while fully considering EPA ‘s statutory authority and required analyses, including a new economic and environmental justice analysis,” Assistant Administrator Fox said.

 

Officials have said the rule will work in concert with the billions of dollars Congress has made available to the Biden administration for replacing LSLs. In addition to proposing a rule that will result in full-line replacements, Fox said the agency is also considering provisions that would lower the action level to require more water systems to act and give preference to historically disadvantaged communities

 

Regan Rescinds Trump-Era NSR Guidance

The EPA has quietly rescinded the 2017 Trump-era memo that prohibited the agency from “second-guessing” states and industry in determining whether a “major source” new source review (NSR) air quality permit is required for new or modified facilities. The move reinstates EPA’s ability to challenge industry permit applicants and state permit writers when determining whether a project is a “major modification” that would require in-depth NSR review and potentially more stringent pollution controls. That challenge can now be based on pre-construction emissions projections, rather than the facility’s actual post-construction emissions, as set forth in the Dec. 7, 2017, memo from then EPA Administrator E. Scott Pruitt. Industries argue that facilities should be judged based on their actual post-construction emissions, rather than projections that could prove inaccurate.

 

EPA’s Deputy Toxics Chief to Retire

Tala Henry, the deputy director of EPA’s toxics office announced her plans to retire from the agency, leaving leadership at the Office of Pollution Prevention and Toxics (OPPT) understaffed as the agency continues to struggle with the reformed Toxic Substances Control Act (TSCA). OPPT also faces an investigation by the EPA Office Inspector General (OIG), which in July 2021 launched into TSCA risk assessment practices focused on reviewing new chemicals.

 

Henry joined the agency in 2002 and has since held several key positions in the TSCA program. She joined OPPT in 2018 as deputy director of programs, temporarily co-leading the office following the departure of former director Yvette Colazzo in early 2021 until Denise Keehner was hired for the position in March of this year. Recently, Henry has been active in promoting new approach methods (NAMs) as alternatives to animal testing in EPA’s chemical assessments.