Capitol to Capitol | Oct. 25, 2022

Call to Action: NCSL’s Top Priorities for the Lame-Duck Session

With an extremely busy lame-duck congressional session on the horizon, here are NCSL’s top five issues for Congress. We encourage you to contact your congressional delegation and urge their support for these issues:

1. Include the State, Local, Tribal and Territorial Fiscal Recovery, Infrastructure and Disaster Relief Flexibility Act (S 3011/HR 5735) in any must-pass bill.

2. Support the overall goal of streamlining federal regulatory review processes and oppose provisions in draft permitting proposals that further preempt existing state authority to certify infrastructure projects.

3. Pass the Jackie Walorski Maternal Child Home Visiting Reauthorization Act (H.R. 8876) to reauthorize for five years the Maternal, Infant and Early Child Home Visiting program (MIECHV).

4. Support a one-year TANF extension.

5. Pass the Secure and Fair Enforcement (SAFE) Banking Act (H.R. 1996) to protect banking institutions that choose to offer services to legitimate cannabis-related businesses operating within their respective state laws.

Below are more details on each issue.

State, Local, Tribal and Territorial Fiscal Recovery, Infrastructure and Disaster Relief Flexibility Act (S 3011/HR 5735)

Passage of this legislation would ensure that the Treasury Department’s support and oversight of COVID funding to states and localities are not abruptly halted. NCSL urged passage of this legislation, which would give the Treasury Department more flexibility to reallocate funds to important service areas. The bills do not call for additional federal funding. The Senate passed S 3011 in October 2021 by unanimous consent. Both bills are currently pending before the House Committee on Oversight and Reform. Read NCSL’s letter.

Permitting Reform

Urge members to oppose proposed provisions that would eliminate state authority over the siting of electric transmission projects that the secretary of energy designates as “national interest facilities.” Suggest that Congress allow provisions in the Infrastructure Investment and Jobs Act to take effect. Ask your delegation to support the model of cooperative federalism enshrined in the Clean Water Act, which acknowledges that a singular, universal approach to water protection and management does not consider the unique water challenges individual states face. Urge opposition to provisions concerning Section 401 of the CWA that strip states of their role as managers of programs impacting their water resources. Read NCSL’s letter.

Secure and Fair Enforcement (SAFE) Banking Act (H.R. 1996)

Passage of this legislation would provide protections for banking institutions that choose to offer services to legitimate cannabis-related businesses operating within their respective state laws. This bipartisan House-passed bill would not legalize marijuana, and states that have not chosen to legalize marijuana would not be forced to do so. Instead, the SAFE Banking Act creates a safer environment for cannabis businesses operating in states that have legalized some form of marijuana by allowing them to bank at a regulated financial institution instead of operating in cash, which can encourage illicit behavior. Read NCSL’s letter.

Jackie Walorski Maternal Child Home Visiting Reauthorization Act (HR 8876)

The Maternal, Infant, Early Childhood Home Visiting (MIECHV) Program provides states with needed resources to operate their home visiting programs and continue providing support to high-risk families. MIECHV serves all 50 states, the District of Columbia, tribal entities and the U.S. territories through grants to evidence-based home visiting programs for at-risk pregnant women and families. The bill would increase base funding for all states by $100 million in 2023 (every state and territory would receive an increase over FY 2022), phase in additional federal matching funds beginning in FY 2024, increase the tribal set-aside from 3% to 6%, and dedicate funding for workforce support retention and case management. Read NCSL’s letter.

TANF Program Full-Year Extension

Providing a one-year extension would permit the program to continue while bipartisan solutions for a longer-term reauthorization are sought. The Temporary Assistance to Needy Families (TANF) program provides essential funding to state and local governments to help families experiencing poverty achieve economic mobility. Since its last reauthorization in 2005, TANF has been funded via a series of short-term extensions as states and counties have worked to create sustainable reforms that better support families. Continued funding is critical for continuity in services that help people meet basic needs and overcome barriers to employment. Read NCSL’s letter.

NCSL Contact: Susan Frederick

NCSL Sends Letter to Congressional Leadership on Permitting Reform

In response to the ongoing conversation in Congress on reforming federal permitting processes, NCSL sent a letter to congressional leadership highlighting that, although the organization supports the overarching goal of streamlining federal regulatory permitting review processes, it has significant concerns with core provisions of the draft proposals that would further preempt existing state authority to certify infrastructure projects. Specifically, NCSL strongly opposes the proposed provisions that would eliminate state authority over the siting of electric transmission projects found by the secretary of energy to be “national interest facilities.” Instead, NCSL urges Congress to allow the provisions included in the Infrastructure Investment and Jobs Act to take effect. Second, NCSL opposes provisions concerning Section 401 of the Clean Water Act (CWA) that would strip states of their role as integrators and managers of programs impacting their water resources. Rather, NCSL supports the model of cooperative federalism enshrined in the CWA, which acknowledges that a singular, universal approach to water protection and management does not consider the unique water challenges individual states face. The letter can be found here.

NCSL Contact: Ben Husch

Application for One-Time Federal Student Loan Relief Now Available

Under the plan announced by President Joe Biden, federal student loan borrowers can receive one-time debt cancellation of up to $10,000 for individuals with annual incomes under $125,000 or households making less than $250,000. Pell Grant recipients could be eligible for up to $20,000 in debt cancellation. Borrowers can learn more and apply here.

NCSL Contact: Austin Reid

In Every Edition

• NCSL Recent Letters to the Hill and Blogs: Read NCSL’s most recent correspondence to members of Congress and the administration, and state-federal blogs.

• The Reading Room: Interesting reports issued last week.

NCSL Staff in Washington, D.C.

• Molly Ramsdell | 202-624-3584 | Director

• Susan Frederick | 202-624-3566 | Law, Criminal Justice, and Public Safety

• Nicole Ezeh | 202-624-3568 | Law, Criminal Justice, and Public Safety

• Ben Husch | 202-624-7779 | Natural Resources and Infrastructure

• Kristen Hildreth | 202-624-3597 | Natural Resources and Infrastructure

• Jon Jukuri | 202-624-8663 | Labor, Economic Development and International Trade

• Deanna Ross | 202-624-8680 | Labor, Economic Development and International Trade

• Austin Reid | 202-624-8678 | Education

• Erlinda Doherty | 202-624-8698 | Communications, Financial Services and Interstate Commerce

• Brian Wanko | 202-624-5400 | Budget and Revenue

• Lauren Kallins | 202-624-8170 | Health and Human Services