Good morning, friends:
As we enter 2024, we want to wish you a Happy New Year and provide a preview of what Congress will focus on throughout this year. Although the November election will loom large over the legislative calendar, there are still several priorities Congress will attempt to address when they return this week, the most urgent of which is funding the government.
FY24 Appropriations: In November, Congress passed a stopgap spending bill with a two-tiered deadline structure which fully funded the government until January 19th, after which date only some government programs (including the military and some of the biggest domestic programs) will remain funded until February 2nd. Congressional leaders just announced an agreement on top-line spending levels at $1.7 trillion, a good first step with just 11 days before the first deadline. House Speaker Mike Johnson (R-LA) has vowed not to entertain any more stopgap spending bills as many House conservatives demand steep funding cuts; however, it is unlikely that Congress can pass the 12 separate funding bills before the upcoming dual deadlines, so another continuing resolution or an omnibus package to keep the government open is the most likely outcome.
National Security Supplemental: Congress was unable to reach an agreement on President Biden’s foreign assistance funding request to support Ukraine, Israel, and Taiwan before the end of 2023. Although most Members of Congress support this assistance, Republicans have conditioned their support for the request on significant policy changes intended to reduce the flow of migrants at the U.S.-Mexico border. A bipartisan group of Senators and the White House have been working on a deal to amend asylum policies and expand expedited removals, but no agreement has yet been reached. Even if the Senate and the Administration make a deal, it is unclear if the Republican-led House will support the compromise.
Artificial Intelligence (AI) Legislation: Last summer, Senate Majority Leader Chuck Schumer (D-NY) unveiled a regulation framework for AI and formed a bipartisan AI working group that organized regular briefings for the entire Senate on the challenges and opportunities posed by the emerging technology. Given the dramatic developments in AI recently, leaders are expected to continue to make this a priority this year, with legislative committees continuing to hold hearings and begin drafting legislative text.
Data Privacy Legislation: Related to the regulation of AI, comprehensive data privacy legislation may also be considered this year. While many individual states and the E.U. have enacted their own data privacy laws, the U.S. lacks a comprehensive federal standard. Previous data privacy proposals have stalled, but Senate Commerce Chair Maria Cantwell (D-WA) has indicated she plans to prioritize it this year. If the AI legislation gains traction, there may be increased momentum to enact a federal data privacy law as a part of the legislation.
Federal Aviation Administration (FAA) Reauthorization: Congress passed two short-term extensions of the FAA last year, the last of which ends March 8, 2024. The extension gives lawmakers additional time to enact a five-year reauthorization. The outstanding issues between the House and Senate versions include raising the mandatory pilot retirement age, changes to pilot training requirements, and expanding Ronald Reagan Washington National Airport’s “perimeter rule,” which restricts direct flights from airports farther than 1,250 miles away without a waiver.
Section 702 of the Foreign Intelligence Surveillance Act (FISA) Reauthorization: Section 702 of FISA is one of the government’s most effective intelligence-gathering tools, allowing U.S. intelligence agencies to monitor and collect communication information from non-U.S. citizens located abroad. But members of Congress have sought to reform its use to ensure that it cannot be used to collect information from Americans who are on the other end of those communications. The House Judiciary Committee and the House Intelligence Committee had competing reauthorization bills, but House Speaker Johnson was forced to pull the votes of those bills in late December due to backlash from the House Republican Conference. Instead, a four-month extension of the controversial foreign spy tool was included in the annual defense bill at the end of last year, teeing up another contentious fight over its reauthorization by April.
Farm Bill Reauthorization: Every five years, Congress is required to pass legislation that establishes agriculture, nutrition, conservation, and forestry policy collectively known as the Farm Bill. In November of last year, Congress included a one-year extension of the previous Farm Bill, maintaining existing policy through September 30, 2024. Given its broad scope, it will be a major legislative initiative in 2024.
Dual Impeachments: The House Homeland Security Committee announced it will proceed with the impeachment proceedings against Department of Homeland Security Secretary Alejandro Mayorkas, with the first hearing scheduled for January 10th. House Republicans accuse Secretary Mayorkas of misusing taxpayer dollars and purposefully ignoring border security measures. Simultaneously, the House will continue with its impeachment inquiry into President Joe Biden, which could wrap up as early as February. While one or both impeachments could potentially pass the House, neither have a serious chance of conviction in the Senate.
Judicial and Executive Branch Nominations: The Senate will use a substantial amount of floor time in 2024 confirming federal judges and executive branch officials in case Republicans take control of the White House and/or the Senate in early 2025. Nearly 60 vacancies on the federal judiciary and over 80 executive branch nominations are currently awaiting Senate confirmation.
National Quantum Initiative Reauthorization: Congress will also need to reauthorize the National Quantum Initiative Authorization Act, which lapsed in September 2023, and provides a coordinated approach across the U.S. government to strengthen quantum research and development for the economic and national security of the United States. A bipartisan bill was favorably reported by the House Science, Space and Technology Committee in November, and is likely to receive consideration in 2024.
Our team will follow these issues closely and update you throughout the year. If you would like any additional information, please let us know how we can be helpful. We would welcome the opportunity to help you create your legislative strategy for 2024.
Sincerely,
The Bridge Team