Bill to Avert Shutdown Carries Disaster Aid, Policy Riders (1)

Lawmakers released a bill to avert a Saturday shutdown and provide $100 billion in disaster aid, leaving most government-funding fights until after President-elect Donald Trump takes office.

The stopgap would fund the government at current levels through March 14, giving the incoming Republican trifecta an opportunity to enact their agenda — but also setting up a shutdown deadline early in the Trump administration. The bill would also extend farm bill provisions for a year, rein in pharmacy benefit managers, and reauthorize a counter-drone program.

Speaker Mike Johnson (R-La.) is in a difficult position. To send the bill to the president’s desk by Friday night’s deadline, he’ll have to renege on a promise to give members 72 hours to read bills before a vote.

The stopgap includes language to restrict U.S. “outbound” investment in China, provisions that were struck from this year’s National Defense Authorization Act.

Lawmakers included a package of health provisions to promote transparency of PBM practices, boost Medicare doctor payments, and extend telehealth services.

Other provisions would:

• Criminalize the publication of nonconsensual “deepfake pornography” generated by artificial intelligence. It also would requires platforms to remove images from a site upon request from victims.
• Take aim at hidden fees for various services including hotels and event tickets by requiring sellers to fully disclose their total costs to consumers.
• Direct the Federal Trade Commission to create guidelines for smart devices, such as dishwashers and refrigerators, to disclose any audio and video recording capabilities that may not be obvious to consumers.
• Ban products containing high amounts of sodium nitrite, a meat-curing chemical that has circulated as a method of suicide.

Disaster Provisions

The bill includes $100.4 billion for disaster relief, plus $10 billion in economic assistance for farmers according to House Republican leadership staff who spoke on the condition of anonymity to discuss the details before they were released. Lawmakers had yet to release a summary of the bill’s aggregate figures on Tuesday evening.

The disaster relief funding largely resembles President Joe Biden’s supplemental request made last month but falls short in some areas. Biden requested $115 billion in total, including $40 billion for the Federal Emergency Management Agency’s Disaster Relief Fund. Instead, the $100.4 billion measure includes $29 billion for the FEMA fund.

The disaster aid measure also includes $21 billion in disaster aid through the Agriculture Department, $12 billion through the Housing and Urban Development Department’s Community Development Block Grant program, $8 billion to repair federal highways and road, $3.25 billion in state and tribal grants for water infrastructure, and $2.2 billion through the Small Business Administration’s disaster loan program.

The bill also would allow federal officials to recoup some money for the Francis Scott Key Bridge collapse through the legal system, rather than purely backing 100% of the costs. The Justice Department reached a settlement in October for example with the owner and operator of the vessel that struck the bridge.

The bill would continue a provision that froze $20 billion in Internal Revenue Service funds, rejecting a measure proposed by Biden to allow the use of the funds.

There are other non-disaster related provisions in the stopgap as well. The bill includes language that would hand over control of the RFK stadium site from the federal government to Washington D.C., paving the way for the Washington Commanders who are currently based in Maryland to return to the District.

When Will They Vote?

It is unclear when the House will vote on the stopgap. Johnson hasn’t committed to abiding by the House GOP conference’s self-imposed 72 hour rule. If Johnson decides to abide by the 72 hour rule, the House could only vote on the stopgap as early as Friday evening.

The House may expedite passage as well and move the bill under suspension of the rules, a legislative process that fast-tracks legislation to the floor but requires two-thirds support to pass. House Majority Leader Steve Scalise (R-La.) said late Tuesday afternoon that GOP leadership was still deliberating on the process.

Acting under suspension of the rules would also bypass the Rules Committee, where conservatives could block or slow the bill’s progress.

“There’s no way in hell you’ve got time for a rule,” Rep. Mark Amodei (R-Nev.) said Tuesday. “And, oh, by the way, if you go through the rules process, you ain’t gonna get a rule.”