No images? Click here Welcome back to this week's edition of the Washington Weekly newsletter - bringing you the latest and greatest policy updates from Washington, D.C.U.S. Senate Passes $1.5 Trillion Funding Bill with Ukraine Aid The Senate passed a full year $1.5 trillion federal funding bill that wards off a possible government shutdown while also providing Ukraine with aid to respond to the Russian invasion of its territory. A bipartisan sense of urgency to approve the $13.6 billion for humanitarian and security aid in response to Russia’s attack led to an overwhelming 68 to 31 vote on the legislation. The measure, which passed the House Wednesday, March 9, 2022, now will be signed into law by President Joe Biden. For majority Democrats, completing the bill in an era of hyper-partisanship counts as a major achievement. The government has been running on autopilot using Trump-era program funding levels since the start of the fiscal year on Oct. 1 and now domestic agencies will get a 6.7% boost. Missing from the legislation is $15.6 billion in emergency funding for the coronavirus pandemic, which was stripped out after some House Democrats objected to paying for it with cuts to state and local government aid. Schumer said that Democrats will look for ways to fund the Covid response, but cuts likely will have to be found elsewhere to get a standalone bill through the Senate, where Republican votes will be needed for passage. Republicans hailed the increases for the defense spending in the bill in justifying their support. The annual spending for the Pentagon alone comes to $743.4 billion, $28.4 billion above the president’s request of $715 billion for the year. Politically, the bill could provide incumbents from both parties a boost on the midterm campaign trail. For the first time since a ban went into effect in 2011, the bill contains billions in earmarked spending for lawmaker pet projects. Lawmakers already are promoting the money for projects in their communities. FDA Issues Guidance on Enforcement Discretion Policies for Certain FSMA Regulations On Friday, March 11, 2022, U.S. Food and Drug Administration (FDA) issued guidance on its intent not to enforce certain provisions of five rules that implement the FDA Food Safety Modernization Act (FSMA). As FDA began implementation of these rules, it received questions and comments from stakeholders regarding specific provisions. In certain situations, FDA has determined it is appropriate to take time to consider options, including rulemaking, to address concerns raised by stakeholders, while continuing to protect public health. As we work on solutions, the agency does not intend to enforce these provisions as they currently apply to entities or activities addressed in the guidance. The enforcement discretion policies announced on Friday are specific to provisions in the following rules:
GCCA has continuously called for prolonged regulatory flexibility throughout the pandemic and we appreciate the agency’s use of enforcement discretion. Read the full announcement HERE. Biden to Target Russia Trade Status and Announces Ban on Russian Alcohol and Seafood Imports President Joe Biden has called for an end of normal trade relations with Russia, clearing the way for increased tariffs on Russian imports. His announcement to revoke such trade privileges comes alongside the Group of Seven nations and European Union leaders. The president can’t unilaterally alter Russia’s trade status as that authority lies with Congress, but Republicans and Democrats on the Hill have both called for a revocation. Suspending normal trade relations with the U.S., which other nations call “most-favored nation” status, would put Russia in the company of countries like Cuba and North Korea. It would allow the U.S. to hit Russia with significantly higher tariffs than it applies to other World Trade Organization members. House and Senate leaders have pushed for the repeal of the preferential trade relations, but earlier last week, the provision was removed from a House bill barring all Russian fossil fuel imports. The Biden administration has worked with U.S. allies and made Congress aware of those conversations, but lawmakers faulted the White House for asking that the provision be struck, as those talks were ongoing. Sen. Rob Portman (R-Ohio), a former U.S. trade representative, said he has a bill with Sen. Ben Cardin (D-Md.) to revoke Russia’s trade status, adding that it’s important Biden also has allies following suit. “It’s much more effective if they all do it,” Portman said in an interview on the Hill. “For us it’s not a big deal, but for Europe it’s huge. And it’s the right thing to do—access to our market is a privilege, not a right.”. In addition to stripping Russia of their preferred trading status, President Biden announced Friday, March 11, 2022, that the U.S. is banning imports of Russian alcohol and seafood, as the White House looks to ratchet up punishment over Moscow’s invasion of Ukraine. The U.S. imports around $24.1 million in beverages, spirits and vinegar annually, with most Russian-branded vodkas produced in other nations. But the U.S. imported $1.2 billion in seafood last year. GCCA will continue to keep members updated as more information becomes available regarding the implementation of this ban, as it could have potential impacts on your businesses. Read the White House Fact Sheet HERE. Export Certificates for Canada to be Generated in PHIS Starting June 13, 2022, export certificates for meat and poultry products (excluding casings and egg products) exported to Canada will be generated in FSIS’ Public Health Information System (PHIS). All export certificates generated through PHIS will be digitally signed (FSIS Form 9060-5 series) and printed by industry personnel with PHIS access or printed by FSIS inspection program personnel at industry’s request on plain paper. For more information on the new printing procedures for digitally signed PHIS export certificates—launching May 16, 2022—please view the February 25, 2022 Constituent Update. FSIS has published a World Trade Organization notification to inform countries of this change (G/SPS/N/USA/3311). Attestations required for U.S.-origin poultry further processed in Canada for export to Japan or Mexico, will be captured in the 9060-5 remarks and/or 9060-5B continuation sheet, as will all other attestations identified in the FSIS Export Library. Industry is encouraged to use the Industry Test Environment (ITE) to test application submittals for export to Canada. Please note that Electronic Authorization (eAuth) level 2 is required for all persons that will access PHIS, both the test environment and the live production environment. Login credentials would have expired for those who have not used PHIS in 60 days. For those new to PHIS-export or with an expired eAuth level 2, please log in to initiate, update, or complete the eAuth level 2 and PHIS enrollment process. For further guidance on PHIS export and enrollment, please refer to the following user guides:
Please contact askFSIS with policy questions regarding these changes. Technical questions can be directed to PHISTechnicalQA@usda.gov. Covid-19 Still an OSHA Priority Even as Masking Guidance Changes Even with masking mandates being lifted in many places, OSHA continues to see Covid-19 as its primary enforcement concern. “As an agency, we are still going to be focused on Covid-19,” Doug Parker, chief of the Occupational Safety and Health Administration, said Wednesday, March 9, 2022. Parker was speaking in-person to about 200 mostly mask less attorneys attending the American Bar Association’s Occupational Safety and Health Law Committee’s midwinter meeting in Sarasota, Fla. The association required attendees to provide proof of vaccination or a negative Covid-19 test. The agency’s immediate goal is to issue a permanent health-care Covid-19 rule to replace the withdrawn emergency temporary standard, Parker said. The assistant secretary of labor didn’t offer a timetable for the rule’s enactment. Department of Labor Solicitor Seema Nanda, at the same event, described the rulemaking effort as a “sprint.” A draft of the rule was delivered to the White House’s Office of Information and Regulatory Affairs for a review on Tuesday, March 8, 2022. Although the agency stopped enforcing its emergency health-care standard on Dec. 27, continued adherence to it likely will provide an employer “safe harbor” from being cited for other Covid-19 related rules, such as respiratory protection requirements, or general duty clause citations, Parker said. To guide employers through what they should do to prevent Covid-19 infections, OSHA is revising guidance on complying with new Centers for Disease Control and Prevention recommendations. If you have not yet participated in our grassroots campaigns, but would like to take action to oppose the PRO Act or oppose the harmful tax hikes in the American Job’s Plan, click the Take Action tab above now.
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