October 1, 2021

Defense update, COVID requirements for federal contractors

Two reports prepared by Winning Strategies Washington

First is an overview of the state of play on FY2022 appropriations and National Defense Authorization Act (NDAA).

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Second is an overview of the new COVID-related requirements for federal contractors. Note that this is separate from the expected OSHA Emergency Temporary Standard (ETS) that will require businesses with more than 100 employees to require their employees to be fully vaccinated.

[su_button url=”https://www.deepwaterpoint.com/wp-content/uploads/2021/11/COVID-19-Guidance-for-federal-contractors-10-1-2021.pdf” target=”blank” style=”flat” background=”#ff9900″ color=”#000000″ size=”8″]DOWNLOAD REPORT[/su_button]

September 30, 2021

Congress Passes a Continuing Resolution, President to Sign

Government will remain open through December 3; debt ceiling question unanswered
Over the last week or so, Congress has been scrambling to pass legislation to keep the federal government funded past the September 30 end of the fiscal year. Today, Congress passed a continuing resolution (CR) that extends government funding through December 3. The President is expected to sign the bill and avert a government shutdown. The CR includes some additional items – most notably, it includes $28.6 billion for natural disaster assistance to hard-hit states and $6.3 billion for relocation efforts for Afghan refugees. However, the does not address the looming deadline to raise the debt ceiling to avoid default (currently pegged at October 18 or so).

September 24, 2021

Major Legislative Deadlines Imminent

Government Funding, Infrastructure, Reconciliation Dominate the News

This week in Washington, moderate and progressive Democrats have drawn their battle lines over the reconciliation/infrastructure dual-tracking, and the conflict currently seems intractable. Simultaneously, conflict over raising the debt ceiling threatens to sideline a continuing resolution to keep the government open. Ultimately, things in Washington are constantly evolving.

What You Might Have Missed

The Ongoing “Dual Track” Battle. The big news of the week is the battle between progressive and moderate Democrats on both sides of the Capitol over the “Build Back Better Act” reconciliation bill and the bipartisan infrastructure legislation. Both wings of the party are in a standoff, with moderates refusing to vote for the reconciliation bill without a simultaneous vote on the infrastructure bill. Progressives similarly won’t vote for a bipartisan bill until the reconciliation bill is ready and voted upon. Both sides fear that the other will defect from their camp’s preferred policy.

In the Senate, the main point of contention is the price tag of the reconciliation bill, with moderate Democrats seeking a $1.5 – $2 trillion package. Progressives are outraged, arguing that the $3.5 trillion figure already was a compromise amount. President Biden, Speaker Pelosi, and Majority Leader Schumer are doing all they can to project a sense of calm, with Speaker Pelosi saying in a press interview that “I’ve always been very calm about this because it’s like, it happens all the same way, all this bluster, but at the end of the day we will be unified for the American people.” In the meantime, Republicans are expected to uniformly vote “no” on reconciliation, and about half a dozen to two dozen House Republicans are expected to vote “yes” on the infrastructure bill. While House Republican leadership is advising its Members to oppose the latter, Senate Republicans have been pushing their House colleagues to vote in favor.

Overall, however, there seems to be a sense of urgency from Democrats across the spectrum, especially as the midterms rapidly approach. With the fate of the House and Senate hanging in the balance, congressional Democrats are hoping to cinch this marquee accomplishment before then.

House Votes to Approve NDAA, Continuing Resolution. Several key votes happened in the House this week. First, the House passed the FY22 NDAA with a wide bipartisan majority. This legislation included $24 billion over the President’s budget request. The Senate now must pass its version and both houses must reconcile their differences before the bill hits the President’s desk.

The House also passed, along party lines, a continuing resolution (CR) this week to the tune of $35 billion, which includes funding for communities struck by recent natural disasters and aid for Afghan refugees. The main holdup was the suspension of the debt limit; Republicans believe that Democrats should just include it in the reconciliation package. While the Senate will consider the House-passed version of the CR, it’ll likely fail. It is then probable that the House will pass a new CR without the debt limit piece, which the Senate will pass. The fiscal year ends next week, so something will have to break in the short-term.

Police Reform Talks End. This week, Sen. Cory Booker (D-NJ) informed Sen. Tim Scott (R-SC) that police reform talks were over. Having languished for months, this should not come as a surprise to observers; however, following one of the most public displays of mass demonstration in years, it is a blow to bipartisanship in the Senate.

What You Should Be Watching

The Virginia Gubernatorial Race. This week, a Washington Post poll found the Virginia gubernatorial race in a dead heat. While the race obviously has focused on state issues, this election is usually a fairly good bellwether as to where Americans are, politically, nearly a year after the incumbent President took office.

Vaccine Booster Shots: Who Qualifies? Today, CDC Director Rochelle Walensky endorsed the CDC Advisory Committee on Immunization Practices’ (ACIP) recommendation for a booster shot for people older than 65 or have an underlying health condition. Walensky went further than ACIP’s recommendation, extending it to workers in high-risk industries. You can read the press release here.

September 3, 2021

What to Expect as Congress Returns from Recess

When Congress reconvenes, they will have a lot of work to do. Elected officials will need to tackle the upcoming end of the fiscal year, the debt ceiling, and the expiration of various COVID-19 relief benefits. At the same time, Senate and House committees must provide recommendations on spending priorities under the proposed $3.5 trillion Democrats-only reconciliation bill. Some moderate Democrats have raised concerns over the price tag; as a reminder, passing the reconciliation bill will require all Democrats in the Senate and nearly all in the House to vote in favor. These circumstances give individual members significant leverage. Finally, House Democrats will consider the Senate-passed infrastructure bill on September 27.

In this week’s News & Notes, we wanted to provide a ticker list of key dates to keep in mind:

• September 6, 2021: Extra $300/week federal pandemic unemployment benefit expires. Several states have already discontinued distributing these benefits.
• September 15, 2021: House and Senate committees to report their portions of Democrats’ reconciliation package.
• September 27, 2021: Deadline for House consideration of the Senate-passed bipartisan infrastructure package.
• September 30, 2021:
  • FY21 funding and other major programs expire, including:
    • Surface transportation authorization (FAST Act)
    • National Flood Insurance Program
    • Transportation Security Administration
    • Temporary Assistance for Needy Families
  • Employer tax credits for providing emergency sick and family leave, the 15% benefit increase for SNAP, COBRA premium subsidies, and Veterans Affairs Department cost-sharing waiver expire.
• December 31, 2021:
  • Several tax extenders, including for energy and mortgage insurance premiums, expire.
  • Expansions of EITC, child tax credit, child and dependent care tax credit, and employee retention credit expire.
  • Medicare sequestration suspension expires.
• January 31, 2022: Student loan repayment and interest accrual suspension expires.

August 25, 2021

House Passes Partisan Budget Resolution, Delays Infrastructure Vote Until September

House to vote on bipartisan infrastructure deal in late September

On Monday, August 23, Speaker Pelosi called the House back to Washington for an abbreviated session to advance three key elements of President Biden’s domestic agenda: 1) the Bipartisan Infrastructure package or “BIF”; 2) the $3.5 trillion “human infrastructure” reconciliation instructions; and 3) a key update to the Voting Rights Act, named in honor of the late Rep. John Lewis.

Earlier this month, a group of nine House moderates began to push back on the Speaker’s efforts to combine the BIF and the $3.5 trillion reconciliation effort into one vote. Moderates wanted to be given the opportunity to vote separately on the BIF and the reconciliation bill. With a slim majority in the House, Speaker Pelosi could only afford defections from three members of her caucus.

Additionally, BIF cosponsor Sen. Krysten Sinema (D-AZ) restated her opposition to the size of the reconciliation package. Sen. Joe Manchin (D-WV) made similar remarks during the same news cycle. Late Monday night, House action was postponed as a speedy compromise with the House moderates proved elusive.

Speaker Pelosi ultimately demonstrated her considerable political abilities by forging a workable compromise with the House moderates by early Tuesday afternoon, effectively decoupling the measures. The compromise set up a final vote on the BIF on September 28, but allowed the reconciliation process to begin in both Chambers without House Members having to take a direct vote on the $3.5 trillion package. Instead, Members voted on a procedural matter, with all Democrats voting yes and all Republicans voting no.

Committee Chairs have been given till mid-September to pull together their proposals for the reconciliation effort, and we will be watching those developments closely.

Democratic progressives have carried the day, but it is important to note that the reconciliation effort is far from over. The $3.5 trillion called for has very few details attached, and the thorny issues of how to pay for this package are still unresolved. Some combination of tax increases on both corporations and individuals will have to be considered, as most revenue options were exhausted in constructing the BIF. Although the US business community remains almost unanimously in favor of the bipartisan infrastructure effort, this will not be the case for the reconciliation effort.

Further complicating the situation for the Democrats are the ongoing images of chaos coming from Afghanistan. Biden has been on his heels dealing with his first major international crisis, as US forces attempt to airlift stranded civilians and refugees.

On the domestic front, vaccine hesitancy has allowed the COVID Delta variant to take hold in certain quarters, calling into question when the pandemic will finally recede, even as the FDA grants full approval to the Pfizer vaccine.

Given this backdrop, Democrats are not going to abandon a hard-fought legislative victory in the form of the bipartisan infrastructure deal. With history as a guide, many progressives believe that their fragile majorities in both the House and Senate are in jeopardy – as the party in control of the White House often suffers heavy losses in the first mid-term election. Progressives want to take bold action on key priorities and repair fissures in the social safety net that were exposed during the ongoing pandemic. Moderates appear concerned that the size and scope of this $3.5 trillion in new spending, coupled with tax increases, will create a backlash and ensure electoral defeat in their battleground states and districts. The 2022 midterm elections are just fourteen months away.

When Congress returns in late September, and the final details of the reconciliation bill come into clearer focus, expect continued tensions within the Democratic party. Time will tell which side of the Democratic political spectrum has the best read on the whims of the electorate.

AUGUST 17, 2021

Federal Funding Opportunities

U.S. Department of Commerce; U.S. Economic Development Administration STEM Talent Challenge Program applications due October 12, 2021

The STEM Talent Challenge will award grants to organizations that are creating and implementing STEM talent development strategies that complement their region’s innovation economy, particularly as such strategies relate to emerging, transformative sectors and future industries such as artificial intelligence and machine learning, advanced manufacturing and robotics, space exploration and commerce, bioscience, quantum information science, green products, processes and buildings, and aqua- and agricultural technologies. Projects should implement or scale STEM competency-based work-and-learn education and training models that are directly connected with the needs of employers in a regional economy.

U.S. Department of Energy Advanced Manufacturing Office Multi-Topic concept papers due September 10, 2021

To drive manufacturing innovation, spur job creation, and enhance manufacturing competitiveness, the Advanced Manufacturing Office (AMO) supports the development of innovative energy efficient and lower carbon-emitting manufacturing technologies and foundational, cross-cutting manufacturing processes, materials, and information technology critical to efficient and competitive domestic manufacturing. AMO’s goals include stimulating technology innovation, improving the energy productivity of U.S. manufacturing while reducing its carbon footprint, and enabling the manufacture of cutting-edge products in the U.S. The competitively selected projects from this funding opportunity will focus on the following areas:

• Manufacturing Process Innovation
  • Efficiency Improvements to Drying Processes
  • Advanced Tooling for Lightweight Automotive Components
  • Sustainable Chemistry Practices in Manufacturing
• Advanced Materials Manufacturing
  • Materials for Harsh Service Conditions
  • Development of Aluminum-Cerium Alloys and Processing to Enable Increased Efficiency in Aerospace Applications
• Energy Systems
  • Structured Electrode Manufacturing for Lithium-ion Batteries

U.S. Department of Health and Human Services; National Institutes of Health releases Dementia Care and Caregiver Support Intervention Research opportunity

This funding opportunity seeks mechanism-focused dementia care and caregiver support intervention development research at Stages I through V of the National Institutes of Health (NIH) Stage Model to address the care needs and promote the health, function, and well-being of persons with Alzheimer’s disease (AD) and Alzheimer’s disease-related dementias (ADRD) and of those providing their care. The NIH Stage Model offers a framework to: support development of efficacious interventions that are defined by their principles; and sure that these efficacious interventions can be administered in the community or in health systems with fidelity to the intervention’s principles. This includes the development, testing, and validation of scalable training materials and procedures so that these interventions can be delivered with fidelity in community settings or health systems. Settings can include the home, community, or formal care settings, such as nursing homes, assisted living facilities, nursing and rehabilitation centers, hospitals, adult day care, and specialized hospice settings. The overarching purpose of this funding opportunity is to help to lay the groundwork for real-world implementation of AD/ADRD care and caregiving interventions.

Institute of Museums and Library Services National Leadership Grants for Museums applications due November 15, 2021

This program is designed to support projects that address critical needs of the museum field and that have the potential to advance practice in the profession to strengthen museum services for the American public. Projects are expected to:

• Propose far-reaching impact to influence practice across one or more disciplines within the museum field;
• Reflect a thorough understanding of current practice and knowledge about the subject matter and an awareness of and support for current strategic priorities in the field;
• Employ novel approaches to the project area;
• Use collaboration to demonstrate broad need, field-wide buy-in and input, and access to appropriate expertise; and
• Generate results such as models, new tools, research findings, services, practices, and/or alliances that can be widely used, adapted, scaled, or replicated to extend the benefits.

AUGUST 6, 2021

Reconnecting with your Elected Officials over August Recess

Plus, a last look at the state of play

Before explaining our trajectory for our News & Notes updates for the August recess, we wanted to provide you a very quick update of what happened this week and what remains to be done. This week, with the House out of town for August, the Senate turned its attention to the final homestretch of the infrastructure bill, with a vote expected on Saturday. You can read WSW’s full report here. As our report indicates, following the Senate’s likely passage of the bipartisan infrastructure bill, it’ll immediately turn its attention to the $3.5 trillion Democrats-only bill, which is expected to pass as well. Then, the ball will be in the House’s court. However, Speaker Pelosi has already said that the House likely will not take up neither the bipartisan infrastructure bill nor the Democrats-only bill until the fall. Beyond this salient issue, Congress will have to account for the end of the FY21 fiscal year as well as the debt limit, as well as other hot button issues.

With Congress in recess over the coming weeks, your WSW team will be providing a weekly series of material that we typically would put to the side with the hustle and bustle of Washington. This week, we focus on how to effectively engage your local officials.

For many, summer is the time to get away and relax. For Members of Congress, summer, particularly August, is the best time to interact with constituents at local events. While some of this interaction may be restricted to a virtual setting this year, the age-old adage remains true: “all politics is local.” It’s a phrase you’ve probably heard before, famously coined by former House Speaker Tip O’Neill. O’Neill understood that it was critical for him to know what mattered most in his community, to his constituents, rather than the national hot button issue of the day.

Why is this important to you? Being an effective advocate for yourself or your organization depends on having an understanding of what is important to your community, and in turn, what your Member of Congress is focused on. So, this month as you enjoy your final weeks of the summer, take some time to reflect on the following questions:

• What issues matter most in your community?
• How do the goals of your organization reflect (or conflict) with the goals and aspirations of your neighbors?
• Does your organization support jobs, educational opportunities, research and product development, or other initiatives important to the community?
  
  These questions will help you frame your work and your legislative asks to most effectively engage your Member of Congress when they return to Washington, DC. Be prepared to describe your work and your issue in such a way that you remind your Member of Congress of the integral, positive role you play in your community. All 435 Members of the U.S. House of Representatives and 34 U.S. Senators are going to be up for reelection just over a year from now. August is a great time to reconnect back home, and now is the time to start thinking about how — between now and early November 2022 — to remind your elected officials of the importance of your organization to their community and to their constituents.

JULY 30, 2021

House Passes Several Appropriations Bills; Senate Infrastructure Debate Opens

Plus, an update on Capitol Hill reopening

With Washington staring longingly at the August recess, this has once again been another busy week, with infrastructure and the appropriations process taking center stage. While much remains up in the air, both issues have begun to take on a more concrete shape.

Here’s What You Might Have Missed
Progress on Senate Bipartisan Infrastructure Bill. On Wednesday, 67 Senators voted to open debate on the debate on the infrastructure bill, though it had yet to be written. Senate Majority Leader Chuck Schumer expects the body to finish the bill “in a matter of days,” though it remains unclear if the Senate will have to work through the weekend to do so. WSW’s infrastructure report for this week has more details on the latest developments and can be found here.

House Passes Several Approps Bills; Emergency Security Supplemental Gets Wide Bipartisan Support. Yesterday, by a vote of 219-208, the House passed a package that included the following seven FY2022 appropriations bills:

• Agriculture
• Energy and Water
• Financial Services and General Government
• Interior
• Labor, Health and Human Services, Education
• Military Construction
• Transportation, Housing, and Urban Development

The House has also passed the State & Foreign Operations and Legislative Branch Appropriations bills. The only three bills that remain outstanding are Defense; Homeland Security; and Commerce, Justice, and Science. As a reminder, the fiscal year ends on September 30; if the House and Senate cannot strike a deal, it is likely that a Continuing Resolution will be needed, at least for a short time.

In more bipartisan news, both the House of Representatives and the Senate passed an emergency security supplemental appropriations with wide margins. Among other provisions, the $2.1 billion legislation provides $70.7 million for the U.S. Capitol Police and $521 million for unanticipated pay and operations costs for the National Guard deployment at the Capitol and throughout the National Capital Region. The measure also provides funding for additional special immigrant visas (SIVs) for translators and other Afghans who worked with Americans over the past two decades, as well as for additional humanitarian relief to Afghan refugees.

Mask Mandates Return. Beyond the House of Representatives now instituting a mask mandate, several cities and counties are, with many others putting out recommendations. The Centers for Disease Control has indicated that the Delta variant is especially contagious, and preventive steps must be taken.

Here’s What You Should Be Watching
Congressional Meetings Remaining Virtual? While public tours are still on hold and restrictions remain in place limiting access to the U.S. Capitol and the House and Senate office buildings, DC observers have been expecting at least some of those restrictions to be relaxed after Labor Day. However, the rise of the Delta variant and increasing numbers of COVID-19 cases and hospitalizations in the DC metro area in recent weeks means that regular in-person meetings in Washington with Members of Congress or their staff are not likely to resume anytime soon. Your WSW team will continue to provide guidance and logistical support to make sure your interactions with your elected officials are as impactful as possible, whether they’re occurring virtually, in-person back in the Member’s state, or elsewhere.

The Prospects for a Democrats-Only Bill. As we have reported recently, much Congressional support for the bipartisan infrastructure bill is drawn from the notion that both Chambers will pass a more expansive, Democrats-only bill. Majority Leader Schumer claims that he has the 50 votes needed; however, some Senate Democrats have raised concerns that the price tag of $3.5 trillion is too high, while others have said the package needs to be bolder. It is worth watching to see where the final number ends up.

JULY 23, 2021

Senate Acts on Bipartisan Infrastructure Bill; How Did We Get Here?

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JULY 23, 2021

The Infrastructure Debate Nears the Finish Line, For Now

Plus, a look at the impacts of the COVID-19 Delta variant on Washington and beyond

With next week being the last Congress is scheduled to be in session before the August recess, much remains unfinished, including infrastructure and police reform, with other issues on the horizon, including combatting the newest round of COVID-19 outbreaks. As Congressional leadership threatens to cut the recess short, elected officials seem to be ratcheting up their pace in an effort to leave town on time.

Here’s What You Might Have Missed
Infrastructure Negotiations Hit the Home Stretch; Democrats Have a “Go At It Alone” Backup Plan. On Wednesday, Senate Republicans unanimously voted to block debate from starting on the $1.2 trillion infrastructure package. This outcome was expected – even Republicans elbow-deep in negotiations opposed voting to open debate on a bill that still isn’t completely drafted with “pay-fors” that have not yet been “scored” by the Congressional Budget Office. It is noteworthy, however, that Schumer kept the entire Democratic Caucus together on the the procedural vote, including two of the key votes for a future reconciliation package – Sens. Manchin (D-WV) and Sinema (D-AZ).

Before Wednesday’s vote, 11 Republican Senators sent a letter to Sen. Schumer to request he delay the vote until Monday, when they think they’ll have enough GOP votes to proceed on the package. After the failed vote, a bipartisan group of 22 Senators who are working on the bill released a statement that “significant” progress is being made. However, a new wrinkle has been added to the fray – funding for public transit, which Democrats claim Republicans want to cut. Ultimately, in the event the bipartisan negotiators can’t strike a deal, Democrats have a backup plan. Axios reported that Democrats involved in drafting the $3.5 trillion reconciliation bill would plan to add $600 billion in “hard” infrastructure to the bigger measure – bringing the total package up to $4.1 trillion.

House leadership has also begun making noise, despite Speaker Pelosi’s public deference to Majority Leader Schumer. Yesterday, Speaker Pelosi noted that the House will not consider a bipartisan infrastructure bill until a Democrats-only bill passes the Senate. The “hot infrastructure summer” continues, and the path forward remains murky.

Senate Armed Services Committee Votes to Increase Defense Budget Authorization. Yesterday, the Senate Armed Services Committee (SASC) voted to bump up the topline figure of the National Defense Authorization Act (NDAA) by $25 billion over the President’s request of $715 billion. While there is still a long way to go before the final amount is settled, this vote is an interesting development in the tug-o-war over domestic vs. military spending.

COVID-19 Cases Spike Nationwide. COVID-19 cases are up 55% over the past week, and new cases have increased in 46 states. While this has clearly caused alarm, it has demonstrated the success of the vaccines: 97% of those hospitalized and 99% of those who die from the virus, respectively, were not vaccinated. Meanwhile, the Delta variant seems to be driving increased vaccination numbers, with Americans in Florida, Texas, Arkansas, Louisiana, and Missouri – the five states with the highest infection rates – now getting vaccinated on a daily basis a rate that is higher than the national average. This morning, Philadelphia became the most recent city to advise everyone, even those already vaccinated, to wear masks indoors.

Pelosi Rejects McCarthy’s Picks for January 6th Commission. In what Republicans are calling an “unprecedented” move, Speaker Pelosi rejected two of Minority Leader McCarthy’s five picks for the commission to examine the events of January 6. In response, McCarthy pulled all the Republicans off the commission. Pelosi has already appointed one Republican, Rep. Liz Cheney (R-WY), to the commission, and is considering appointing another: Rep. Adam Kinzinger (R-IL).

Here’s What You Should Be Watching
The Impacts of the COVID-19 Delta Variant on Congress. As we discuss above, the Delta variant outbreaks are impacting broader American life. However, there are direct impacts in Washington, too. Politico has reported that Congress’ Attending Physician, Brian Monahan, has not yet called for re-imposing the masking rule in Congress – however, he has circulated a memo underscoring the severity of the Delta variant. “Proxy voting” privileges have also been extended until mid-August, and it seems as if some version of remote hearings will continue for the foreseeable future, possibly indefinitely. We are keeping an eye on how the variant could impact regular business in Washington.

The Impact of Police Reform on the 2022 Midterms. As we have reported recently, police reform negotiations seem to have stalled, though both Senators leading the negotiations – Cory Booker (D-NJ) and Tim Scott (R-SC) – insist otherwise. While the question on police reform as a policy matter is important, there are significant political implications as a result of increased crime nationwide as well. A Morning Consult poll from last week found that an eye-popping 94% of registered voters consider violent crime a major or minor issue. As the 2022 cycle starts to heat up, with more and more challengers popping up every day, expect to hear a lot about crime & public safety right up until next November.