House & Senate to Pass Rail Labor Agreement

Congress Intervenes in Union Labor Dispute Averting a Devastating Rail Shutdown

At the request of President Joe Biden, the House of Representatives on Nov. 30 intervened in the stalled negotiations between unions and the railroads, overwhelmingly passing a resolution (H. J. Res. 100) to enforce the tentative agreement the administration brokered in September.  The administration and Congress reluctantly stepped in so to advert a crippling national rail strike that would cause widespread disruptions to supply chains,  could cost the economy $2 billion a day, and possibly trigger a recession.

 

Democrats had initially planned to vote on the terms of the tentative agreement—which four of the 12 unions had rejected—but progressive Democrats pressured the leadership to offer a second resolution that would include seven days of paid sick leave in the agreement. The 290-137 vote on the main agreement was largely bipartisan. Seventy-nine Republicans joined all but eight Democrats to pass the bill. The House also approved a second resolution (H. Con. Res. 119) to increase sick leave by a vote of 221-207.

 

Democrats in the House said they hated to override union votes. House Speaker Nancy Pelosi wrote in a “dear colleague” letter that they were doing so with great reluctance. During a floor speech before the vote, she said railroads have made “obscene profits” on the backs of workers for far too long by cutting jobs and cutting corners. “It’s just not right,” she said. President Biden struck the same sentiment when he called on Congress to intervene, stating that while he was “pro-labor,” he said, “in this case–where the economic impact of a shutdown would hurt millions of other working people and families–I believe Congress must use its power to adopt this deal.”

 

Progressive’s and labor union’s demands for expanded sick leave were set aside on Dec. 1, when it came time for Senate action.  After meeting with Transportation Secretary Pete Buttigieg and Labor Secretary Marty Walsh Thursday, Senate Democrats surprised most of Washington by immediately taking up legislation that evening and approving the new contract in an 80-15-1 vote, with Sen. Rand Paul voting ‘’present.”  Two additional Senate votes failed to get the 60 vote threshold needed to pass, including a measure that would have added seven paid sick days (52-43) and one to extend the “cooling-off period” prohibiting a strike for another 60 days.  during which the unions can’t strike for another 60 days (25-70).

 

Senators Introduce Plastics Bill Aimed at Advanced Recycling and Plastic Products
Rep. Jared Huffman (D-CA) and Sen. Corey Booker, along with Sen. Jeff Merkley (D-OR) and Rep. Alan Lowenthal (D-CA) announced the introduction of the Protecting Communities from Plastics Act (PCPA), which they say “cracks down” on plastic production, address harmful environmental justice impacts, and move the US away from over-reliance on single-use plastics. But the bill’s provisions, which are similar to those in other bills introduced by lawmakers, such as Merkley and Lowenthal’s Break Free from Plastics Production Act (H.R. 2238, S. 1507), are short-sighted approaches that target a single product rather than tackling the larger problem of the lack of sound waste and recycling policies and infrastructure in the U.S.

The Huffman-Booker legislation targets plastic, but is also seeking further restrictions through the Toxic Substance Control Act (TSCA) on the chemicals and other components used in plastic production. The bill’s provisions, which place a “temporary” moratorium on new or expanded permits for certain plastic manufacturing facilities until regulations are updated to address pollution from the facilities, essentially ban the manufacturing of plastics. This would result in devastating economic damage to U.S. manufacturing and American job losses, not only for the many companies and industries producing the components and plastic products, but also for many industries that rely on plastic products as part of their supply chain, including those using life-saving medical devices and equipment derived from plastics.

The legislation also fails to recognize that plastic is often part of the innovative solution to reduce carbon emissions in the U.S. and can contribute to the legislators climate and environmental goals. Because plastic is a low-carbon, lightweight, advanced material, it is critical and irreplaceable to many of the nation’s clean energy needs. It is used in electric vehicles, energy infrastructure, solar panels, wind turbines, and to replace corrosive and aging lead pipes to restore clean water infrastructure in the U.S.

 

The Vinyl Institute stands ready and committed to continue its work with lawmakers to create sound policy and advance a circular economy for plastics. Unfortunately, the PCPA would further harm the climate, stifle innovation and technological advances, cripple the economy, and leave hundreds of thousands of Americans without jobs, higher prices, and supply chain problems.

 

​End-of-the-Year Appropriations Work Moving Slowly

House Democrats have begun drafting an omnibus appropriations legislation to fund the government for the remainder of FY23, after negotiations stalled due to a lack of an agreement on the topline spending totals. Some House GOP negotiators are favoring another stopgap measure that would push spending into next year when they will have the majority. Current funding expires Dec. 16, and unless talks can be put back on track, Congress will have to pass another stopgap spending bill to avoid a government shutdown. Currently, Democratic negotiators are considering a one-week stopgap to give themselves more time in the lame duck.

 

On Nov. 30, Senate Appropriations ranking member Richard Shelby (R-AL) proposed an overall ceiling for FY23 spending that’s in line with the $1.65 trillion previously proposed by Democrats, but the division of those funds between defense and non-defense remains a key point of contention.

 

Democrats have signaled that they have not yet reached an offer they can accept, but they will continue to work on it. Agreement on those allocations is critical to securing bipartisan buy-in on a package that can get the necessary 60 votes needed. Regardless, it will be an uphill climb as lawmakers try to work out the spending agreement and the numerous policy riders that Members want to attach.

 

Democrats Elect New Leadership

House Democrats have unanimously elected Rep. Hakeem Jeffries (D-NY) to serve as House minority leader in the next Congress. The 52-year-old lawyer is known for “playing a long game,” listening to everyone, and focusing on getting legislation passed. As expected, Democrats also elected Rep. Katherine Clark (D-MA) as House minority whip and Rep. Pete Aguilar as Democratic Caucus chair. All three were elected unanimously. Pelosi, who will step down after 20 years at the helm of the Democrats, said the incoming trio will “reinvigorate our caucus with their new energy, ideas, and perspective.”

 

In a surprise move, Rep. David Cicilline (D-RI) announced he would challenge Majority Whip Jim Clyburn for the assistant leader position, which will be voted on Dec. 1. Cicilline said he is running to ensure the LGBTQ community is “represented at the leadership table” Cicilline faces an uphill battle against the well-respected Clyburn.

 

Reps. Ted Lieu (CA), Debbie Dingell (MI), Joyce Beatty (OH), and Madeleine Dean (PA) are running for the vice chair post. The caucus will then consider a number of rules changes, including whether the DCCC chair should become a Democratic leader. Democrats will then consider whether to add an additional chair – the “chair of chairs” – to their messaging arm and add a “Battleground Leadership Representative” to the leadership. Reps. Abigail Spanberger (D-VA) and Matt Cartwright (D-PA) are running for those newly proposed battleground positions.

 

EPW Committee Deadlocks on Goffman Nomination

The Senate Environment and Public Works Committee has deadlocked on a 10-10 vote on the nomination of Joe Goffman to serve as the assistant administrator in the Environmental Protection Agency’s (EPA) air office, leaving his confirmation in the “lame duck session” uncertain. Under current rules, there will have to be a procedural floor-vote requiring a simple majority to discharge his nomination from the committee. Republicans on the panel are critical of Goffman’s role in crafting the Obama administration’s Clean Power Plan, which the Supreme Court rejected in the West Virginia v. EPA case. “Everybody knows where I stand,” on the Goffman nomination,” said Ranking Member Shelley Moore Capito (R-WV) in a statement. “He has worked to develop regulations that harm our energy sector…based on overreaching, illegal interpretations of the Clean Air Act as found by the Supreme Court.”

 

Given the Senate’s current schedule and the unlikelihood of gaining Republican votes to pass the discharge, Democrats could wait until the next Congress when they may have a better chance of passing the nomination expeditiously if Sen. Raphael Warnock (D-GA) wins his upcoming Dec. 6 runoff election.

 

EPA’s Inspector General’s Office Ranks Chemical Reviews a Top “Management Challenge” 

EPA’s Office of Inspector General (OIG) has relisted EPA’s assessment and management of chemicals on its annual list of the “most serious management and performance challenges facing the agency,” noting that the toxics office lacks sufficient resources to meet the numerous action deadlines of the reformed TSCA office. “EPA must be able to conduct credible and timely assessments of the risks that pesticides, toxic chemicals, and other environmental chemicals pose,” states the OIG’s FY 2023 management challenges report that was released on Nov. 29.

 

“Without appropriate resource and implementation plans in place to demonstrate that the EPA can accomplish this work and the ability to accurately conduct scientifically sound risk assessments, the public’s trust and confidence in the ability of the EPA to accomplish its mission of protecting human health and the environment will be at risk,” the report says.

 

The OIG also points out that it has repeatedly warned that the Office of Chemical Safety and Pollution Prevention (OCSPP), which houses the Toxic Substances Control Act (TSCA) program, among others,  lacks the necessary staff and other resources needed to meet the 2016 TSCA reforms’ aggressive schedule for chemical reviews and regulations.”

 

With House and Senate appropriators still unable to agree on total spending levels and agencies operating on a continuing resolution that only extends FY22 funding levels through Dec. 16, additional funding for OCSPP remains unavailable.  “Absent the resources the OCSPP needs for its TSCA programs, the EPA will remain challenged with meeting its statutory deadlines…If the OCSPP is unable to balance the workload with its resource needs, the EPA will continue to face the key challenge of ensuring the safety of chemicals,” the report states.