The TRP Tip Sheet

August 27, 2024

Editor's note: With Congress out of session, the Tip Sheet will be in your inboxes on Tuesdays and Thursdays this month. Our daily cadence will pick back up on Monday, September 9.

QUICK TAKES

— TIDBITS ON THE SEPTEMBER LEGISLATIVE CALENDAR. Last week's Democratic National Convention offered some insights on the upcoming fall schedule. 


— LAWMAKERS EXPECT A BIGGER WORKLOAD IN A POST-CHEVRON WORLD. Congress may have to be much more prescriptive in how it writes bills if it doesn’t want the details hammered out in the courts.


— TRP CONGRESSIONAL RETIREMENT TRACKER. Click to view TRP's congressional retirement tracker.

CAPITOL HILL UPDATE

— TIDBITS ON THE SEPTEMBER LEGISLATIVE CALENDAR. During last week's Democratic National Convention (DNC), House and Senate Democratic leaders provided some insights into their legislative priorities for the upcoming three-week session. Of note, Senate Majority Leader Chuck Schumer (D-NY) told reporters he is "considering" utilizing the September work period to try and move a bipartisan rail safety bill that has been stalled by political disagreements in recent weeks. This potential move is widely viewed as an opportunity to boost Sens. Bob Casey (D-PA) and Sherrod Brown (D-OH), both of whom have cosponsored the legislation alongside Sen. JD Vance (R-OH), the Republican Vice Presidential nominee. However, similar to the Senate's vote on the Smith-Wyden tax bill last month, the rail safety legislation could struggle to get to 60 votes given the timing and political nature of the vote.


  • Meanwhile... House Minority Leader Hakeem Jeffries (D-NY) told reporters that he will "soon" talk with Speaker Mike Johnson (R-LA) on government funding ahead of the Sept. 30 deadline. In response to recent demands from the conservative House Freedom Caucus, Leader Jeffries stated that Democrats "are not accepting a dime less than the $1.681 [trillion spending level], which is reflected in an agreement that we reached with the Republicans." Additionally, Leader Schumer is rallying support for full federal funding to replace Baltimore's Francis Scott Key Bridge as a policy rider to the forthcoming continuing resolution (CR). When Congress returns on Sept. 9, lawmakers will have 21 days to reach an agreement to keep the government funded. It is widely expected that another CR will be passed to avoid a shutdown and provide spending authority into late November or early December, but details remain in flux at this point.

WHAT WE'RE TRACKING

NEW TODAY...


— ICYMI: A LOOK AT SOME OF THE RECENT PRESIDENTIAL POLICY PROPOSALS. In last week's newsletters, we took a look at some of the recent policy positions taken by Vice President Kamala Harris and former President Donald Trump as the 2024 campaign heads into the final stretch.

  • For more on the state of the 2024 election, click here to view our latest Special Report.


RECENT DEVELOPMENTS...


— DEMOCRATIC VP NOMINEE TIM WALZ: HEALTH POLICY POSITIONS. This memo provides an overview of Gov. Tim Walz’s (D-MN) background in the health care space, as well as insights as to how his experience could mesh with Vice President Harris’s stated goals and experience in health. 


— TRP SPECIAL REPORT: END-OF-2024 HEALTH POLICY OUTLOOK. TRP's newest Special Report provides an extensive overview of Congress' key health care priorities through the end of the 118th Congress.


— UPDATE ON FEMA DISASTER RELIEF FUND. The Federal Emergency Management Agency (FEMA) announced that the Disaster Relief Fund (DRF) has transitioned to Immediate Needs Funding (INF) due to a funding shortfall, imposing spending restrictions for existing rebuilding projects to prioritize lifesaving and life-sustaining activities.

  • With the DRF in need of additional funding, lawmakers will rally to tie additional funds to a forthcoming continuing resolution (CR) needed to keep the government funded past Sept. 30 when they return next month.
  • Click to view FEMA's fact sheet, frequently asked questions (FAQ), and monthly report to Congress.


— NIST ISSUES SECOND DRAFT DIGITAL IDENTITY GUIDELINES. The National Institute of Standards and Technology (NIST) released updated guidance on a wide range of methods people use to prove their identity — including digital wallets, passkeys, and physical identification — with the intention of ensuring security, privacy, and accessibility during the identity-proofing process for people accessing government services.

  • Public comments on the draft guidance are being solicited, with a due date of Oct. 7, 2024.


— CMS UNVEILS MEDICARE NEGOTIATED PRICES FOR 10 SELECTED DRUGS. Pursuant to the Inflation Reduction Act (IRA), the Centers for Medicare and Medicaid Services (CMS) released the negotiated prices for 10 drugs covered under Medicare Part D that are set to go into effect beginning January 1, 2026. Click here to read TRP's memo.

WHAT WE'RE READING

Punchbowl: Lawmakers expect a bigger workload in a post-Chevron world ($)

 

The Supreme Court’s decision earlier this year to overturn the Chevron doctrine was one of the most consequential in the realm of federal policymaking in decades. It will give agencies far less discretion in how they implement laws and will make the courts — not regulators — the arbiters of how legislative gray areas should be interpreted. Most of the attention has focused on how agencies will handle the fallout from the ruling. But it will also have a big impact on how Congress writes laws, something members are just now trying to wrap their minds around. In short, Congress may have to be much more prescriptive in how it writes bills if it doesn’t want the details hammered out in the courts. Republicans love the Court’s decision while Democrats loathe the ruling. But now both parties will have to deal with its repercussions. More work ahead: Senate Finance Committee Chair Ron Wyden (D-Ore.) said the panel has always emphasized being as explicit as possible when writing tax bills to make Congress’ intent clear. But in the wake of the Chevron decision, he told us staff will be working harder to be sure they’re specific and direct when crafting laws. “We’re going to focus on trying to do even more,” Wyden said. … Sen. Bill Cassidy (R-La.), who cheered the Chevron decision, also said his aides on the HELP Committee, where he’s ranking member, are discussing how the ruling affects the process of drafting bills. Cassidy said he hopes the ruling will impact how Congress writes tax laws.


The Wall Street Journal: Kamala Harris’s Tax Increases and Cuts Take Shape ($)

 

Vice President Kamala Harris’s tax proposals pick up the unfinished business of the Biden administration, pushing to raise taxes on corporations and high-income households while leaving most Americans’ taxes unchanged or lower. Harris, the Democratic nominee for president, would increase taxes by about $5 trillion over the next decade and cut other taxes by more than $4 trillion. The federal government’s total collections—projected at $63 trillion over 10 years—would be little changed, but the Harris agenda would shift who pays. Under her plan, taxes would go up sharply on some high-income households, and top marginal tax rates would reach their highest point since 1986. The wealthiest investors and company founders would encounter sizable capital-gains tax bills that they don’t face under current law. … Harris hasn’t discussed her tax plans in deep detail, but her campaign has indicated her support for President Biden’s proposed tax increases. She rolled out a child tax credit expansion plan earlier this month that went beyond Biden’s agenda. A Democratic sweep of the White House, Senate and House could allow Harris to get many of her fiscal plans enacted, though intraparty disagreements and slim vote margins could prevent the full agenda from becoming law.


POLITICO: Waters: ‘We’ve got to deal with the NIMBYs’ ($)

 

Rep. Maxine Waters on Thursday signaled plans to tackle housing supply policy if she returns as chair of the House Financial Services Committee. "We’ve got to deal with the NIMBYs — 'not in my backyard,'" the California Democrat told her state's delegation on the sidelines of the DNC in Chicago. "We’ve got the YIMBYs, who say, Let’s get together and work so we can have 'yes in my backyard.' We’ve got to honor that and understand the possibilities." Waters, who is poised to lead Financial Services if Democrats win control of the House, has said housing would be her top priority. Vice President Kamala Harris is floating a slate of housing proposals if elected president. On Thursday, Waters said "I want my gavel back," and "I know how to use it." "Let me tell you, we’ve got some real work to do," she said. "HUD comes under the jurisdiction of the Financial Services Committee." Waters noted there are more than 70,000 people experiencing homelessness in Los Angeles County alone. "We keep sending the money," Waters said. "But we've got to do more."


Reuters: Harris puts housing at center of economic pitch to US voters

 

Democratic presidential nominee Kamala Harris is promising to build more housing as the centerpiece of an effort to tackle rising costs that have stressed U.S. households and left home ownership beyond the reach of many Americans. While Harris has deliberately steered clear of some policy specifics in her month-old presidential bid, she has laid out detailed plans to spur new construction and reduce costs for renters and homebuyers, largely through tax incentives. … Republican presidential candidate Donald Trump's campaign has also promised to reduce costs through tax breaks and reduced regulations. But on the campaign trail, he has defended local housing restrictions that prevent many types of affordable housing from being built. … At an Aug. 16 campaign stop in North Carolina, Harris called for building 3 million more housing units in four years, on top of the 1 million or so built annually by the private sector, through a new tax credit for developers who build homes aimed at first-time homebuyers and a $25,000 tax credit for those buyers. She also proposed a $40 billion fund to encourage local governments to build more affordable housing, streamlining regulations and expanding rental aid, among other steps. … Trump's position is less clear. The Republican Party's platform calls for boosting home ownership through tax breaks and eliminating regulations, though it does not outline specifics. However, Trump also has spoken against proposals to loosen local zoning restrictions that prevent apartments, duplexes and other forms of affordable housing from being built in neighborhoods reserved for single family houses.


POLITICO: Fifth Circuit pauses Universal Service Fund ruling ($)

 

The 5th U.S. Circuit Court of Appeals on Monday agreed to halt its July ruling declaring the setup for a multibillion-dollar pot of broadband subsidies unconstitutional — a boon for the FCC as it seeks another look from the Supreme Court. The FCC had requested this stay late Friday, arguing that the ruling could prove disastrous for the millions of beneficiaries of its decades-old Universal Service Fund and saying the circumstances warranted review from the Supreme Court. The court order, signed by Judge Andrew Oldham, said the stay will expire Oct. 1 without action, but that as long as the FCC files its petition on or before Sept. 30, the stay would remain in effect until the Supreme Court rules.


Reuters: Fed's Powell, in policy shift, says 'time has come' to cut rates

 

Federal Reserve Chair Jerome Powell on Friday endorsed an imminent start to interest rate cuts, saying further cooling in the job market would be unwelcome and expressing confidence that inflation is within reach of the U.S. central bank's 2% target. "The time has come for policy to adjust," Powell said in a highly anticipated speech to the Kansas City Fed's annual economic conference in Jackson Hole, Wyoming. "The direction of travel is clear, and the timing and pace of rate cuts will depend on incoming data, the evolving outlook, and the balance of risks." The emphatic pivot from a battle against inflation to a readiness to defend against job loss opens a new chapter for the central bank just as a consequential U.S. presidential election nears. ... Most analysts have forecast the Fed will kick off its policy easing with a quarter-percentage-point rate reduction, the central bank's usual increment. Powell's new emphasis on protecting the job market raises the chance of a bigger cut, especially if the U.S. government's jobs report for August, due to be released on Sept. 6, shows further deterioration in what many policymakers have called a still-healthy job market.

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