[UPDATE: Friday, March 29 at 10:30 AM] This morning, the EPA announced its final rule for tailpipes on heavy-duty trucks. Before these two major rule packages were made final, the Administration finalized the Securities and Exchange Commission’s climate disclosure rule as well as the Department of Labor’s independent contractor rule. The sense of urgency is tied to two factors—the potential change in who occupies the White House next year as well as the Congressional Review Act or CRA.

Congress

Members of Congress are back home in their states and districts this week and next and will return to town on April 9.

With President Biden signing the second of two appropriations packages last week to fund the federal government through the end of the fiscal year, there is no rest for the weary on the appropriations front. The fiscal year 2025 appropriations process is already underway with Congressional offices accepting appropriations requests in advance of the appropriations committees fashioning the 12 bills that fund all of the federal departments and agencies that make up the federal government footprint. Committee action is expected later this spring.

Regulatory Machine on Overdrive

The Biden regulatory agenda will be overly active in the coming weeks as the President seeks to solidify his legacy on policies ranging from climate and other environmental issues to labor. Evidence of this is already occurring with the recent unveiling of EPA’s final tailpipe emissions rule affecting light and medium-duty vehicles beginning in model year 2027. Before that announcement, the Administration finalized the Securities and Exchange Commission’s climate disclosure rule as well as the Department of Labor’s independent contractor rule. The sense of urgency is tied to two factors—the potential change in who occupies the White House next year as well as the Congressional Review Act or CRA.

The CRA is a little-known (outside of Washington) parliamentary tool whereby the next Congress—in this case, the 119th Congress—may repeal rules and regulations issued in the previous year. A Congressional Review Act resolution only needs a simple majority in the House and Senate to pass Congress and then, of course, needs to be signed by the President to take effect. This “lookback” provision is limited to the final 60 working days of the previous Congress, which is a bit of a moving target since it is not known right now when Congress is going to adjourn. Based on history, the 60 working-day lookback reaches at least into June but can extend to May or even April of the previous year.

Given the specter of the CRA, the Biden Administration is on the clock and is accelerating the finalization of rules and regulations so that they are not subject to this parliamentary procedure.

ABMA is close to the action and monitoring developments from departments and agencies that oversee policies that affect our sector. As always, we will keep you regularly informed.

Workforce

In meetings in the House and Senate recently, ABMA has picked up that Representatives Glenn “GT” Thompson (R-PA) and Suzanne Bonamici (D-OR) will be circulating a “Dear Colleague” letter in the House soon asking for appropriations support for the Perkins Basic State Grant. Thompson and Bonamici are co-chairs of the Congressional Career and Technical Education (CTE) Caucus.

Each year under the Perkins statute, Congress appropriates approximately $1.4 billion in State formula grant funds under Title I (Basic State Grants) to develop more fully the academic knowledge and technical and employability skills of secondary and postsecondary education students who elect to enroll in career and technical education programs. This letter will purportedly be calling on appropriators to provide robust funding for the Perkins Basic State Grant. As soon as we have a copy of the letter, we will provide that to you.