Weekly Legislative Update

May 13, 2024

Congressional Outlook

Both chambers are in session this week and will be returning on Tuesday.

 

The House will vote on the Senate-passed FAA Reauthorization Act of 2024 (H.R. 3935), reauthorizing and improving the Federal Aviation Administration and other civil aviation programs through Fiscal Year (FY) 2028. The Senate passed the $105 billion bill by a vote of 88-4 on Thursday evening, just one day before many of the Federal Aviation Administration authorities were set to expire. In order for the House to consider and pass the legislation and avoid the furlough of nearly 3,600 FAA employees, the Senate last week also passed a one-week extension for the FAA (following House passage), which President Joe Biden signed into law on Friday. All signs point to the House voting to clear the bill under suspension of the rules as early as Tuesday evening, as members of both sides of the aisle in the House have spoken in support of the bill. President Biden has until Friday, May 17 to sign H.R. 3935 into law, following House passage.

 

House and Senate Agriculture Committee leaders shared summaries of their versions of the Farm Bill last week. This week, House Agriculture Committee Chair G.T. Thompson (R-Pa.) expects to release the full farm bill text on Friday as the Committee plans a markup on May 23. Senate Agriculture Committee Chair Debbie Stabenow (D-Mich.) is hoping that Congress will act on the Farm Bill as she plans to retire in January and is working to push vulnerable House Democrats to work with the legislation put forth by Chair Thompson. 

 

On Wednesday, Sen. Eric Schmitt (R-Mo.) plans to call up his challenge on the Biden Administration’s recent updated rules for pandemic-era state and local recovery funds (S.J. Res. 57). Sen. Schmitt’s resolution would overturn the Obligation Interim Final Rule (IFR) published by the Treasury Department in November 2023 for the American Rescue Plan Act’s (ARPA) State and Local Fiscal Recovery Funds (SLFRF). The resolution is allowed to be considered as a result of the Congressional Review Act (CRA), a tool Congress can use to overturn certain federal agency actions. If passed, local and county governments would no longer be able to invest SLFRF funding towards certain personnel costs, reclassify excess funds after the upcoming December 31, 2024 obligation deadline and flexibilities for subrecipients would be limited. In the event the Senate and House pass the disapproval resolution (with only simple majorities required), it is very likely that President Biden would veto it once it reached his desk. A two-thirds majority would then be needed in both the House and Senate to successfully override the veto.

 

The House will consider 16 bills under suspension of the rules, including the NTIA Reauthorization Act of 2024 (H.R. 4510), which reauthorizes the National Telecommunications and Information Administration for FYs 2024 and 2025 and reorganizes the agency; and the Coast Guard Authorization Act of 2024 (H.R. 7659), which authorizes and amends authorities, programs, and statutes administered by the Coast Guard. The House will also vote on the LEOSA Reform Act of 2024 (H.R. 354), which allows qualified off-duty and retired law enforcement officers to carry concealed firearms in more areas subject to federal prohibition, including national parks and school zones; the Detain and Deport Illegal Aliens Who Assault Cops Act (H.R. 7343), which requires US Immigration and Customs Enforcement to take into custody migrants who are arrested for assaulting law enforcement officers; the Police Our Border Act (H.R. 8146), which requires the Department of Justice (DOJ) to report to Congress on the effect that Biden Administration border and immigration policies are having on federal, state, and local law enforcement agencies; the Improving Law Enforcement Officer Safety and Wellness Through Data Act of 2024 (H.R. 7581), which requires the DOJ to report to Congress on aggression and attacks against law enforcement officers and creates a new category in the Uniform Crime Reporting System and National Incident-Based Reporting System on such incidents; the DC CRIMES Act of 2024 (H.R. 7530), which requires the District of Columbia to revise its definition of youth offenders to cover individuals 18 or younger, rather than under 25, and modifies D.C.'s Home Rule Act to prohibit the District from enacting any changes to criminal liability sentencing to address “soft-on-crime” policies; and the Israel Security Assistance Support Act (H.R. _____), which prevents the Defense and State Departments from using appropriated funds for FY 2024 or previous years in order to withhold security assistance to Israel.

 

The Senate will vote this week on Courtney O’Donnell to be U.S. Permanent Representative to the United Nations Educational, Scientific, and Cultural Organization; Sanket Bulsara to be a U.S. District Judge for the Eastern District of New York; and Seth Aframe to be a U.S. Circuit Judge for the First Circuit.

 

For the remainder of the week, the House will hold several hearings, including multiple House Appropriations subcommittee FY25 budget oversight hearings, including for the Federal Communications Commission and the Federal Trade Commission. The House will also have a Homeland Security Committee hearing on “Standing Strong on the Thin Blue Line: How Congress Can Support State and Local Law Enforcement.” The Senate will also hold several committee hearings, including Appropriations Subcommittee FY25 budget oversight hearings for the U.S. Army Corps of Engineers and the Bureau of Reclamation, the Department of Commerce, the Library of Congress, the Architect of the Capitol, and Indian County. The Senate will hold a Budget Committee hearing on “Budgeting for the Storm: Climate Change and the Costs to National Security.” 

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 8253 & S. 4277

BUILD GREEN Infrastructure and Jobs Act

Rep. Robert Garcia (D-CA-42) & Sen. Elizabeth Warren (D-MA)

Authorizes the U.S. Department of Transportation to distribute $500 billion over ten years to electrify and modernize public vehicles and rail and build new electric transportation infrastructure across the country.

H.R. 8285 & S. 4261

Educator Down Payment Assistance Act

Rep. Eric Swalwell (D-CA-14) & Sen. Martin Heinrich (D-NM)

Directs the Secretary of Housing and Urban Development to award grants to provide financial assistance to certain educators to make down payments on certain homes.

H.R. 8319

Developing and Advancing Innovative Learning Models Act

Rep. Joseph Morelle (D-NY-25)

Creates a federal investment in the research and development of Innovative Learning Models to enable schools to adapt to modern educational needs.

H.R. 8323 & S. 4286

Comprehensive Addiction Resources Emergency (CARE) Act

Rep. Jamie Raskin (D-MD-8) & Sen. Elizabeth Warren (D-MA)

Provides emergency assistance to States, territories, Tribal nations, and local areas affected by substance use disorder, including the use of opioids and stimulants, and to make financial assistance available to States, territories, Tribal nations, local areas, public or private nonprofit entities, and certain health providers, to provide for the development, organization, coordination, and operation of more effective and cost efficient systems for the delivery of essential services to individuals with substance use disorder and their families.

H.R. 8316 & S. 4287

The American Workforce Act

Rep. Max Miller (R-OH-7) & Sen. Tom Cotton (R-AR)

Provides training vouchers to pay for education programs designed by employers.

S. 4316

A bill for urbanized area formula grants for safety and security

Sen. Chris Van Hollen (D-MD)

Authorizes urbanized area formula grants for service improvement and safety and security enhancement.

H.R. 8349 & S. 4314

DOT Victim and Survivor Advocate Act

Rep. Steve Cohen (R-TN-9) & Sen. Ben Ray Lujan (D-NM)

Creates a crash victim-advocate position at the U.S. Department of Transportation (DOT).

H.R. 8340

Housing Unhoused Disabled Veterans Act

Rep. Brad Sherman (D-CA-32)

Amends the Department of Housing and Urban Development’s (HUD) definition of annual income to exclude disability payments received by a veteran for eligibility purposes for housing built under the Housing and Urban Development-Veterans Affairs Supportive Housing (HUD-VASH) Program.

Agency

Title

Proposed Regulation

Comment Deadline

NOAA

Comment for themes and framework for the Sixth National Climate Assessment (NCA6)


The U.S. Global Change Research Program (USGCRP), which seeks public comment on the proposed themes and framework of the Sixth National Climate Assessment (NCA6) as indicated by the Draft Prospectus

June 7, 2024

HUD

Reducing Barriers to HUD-Assisted Housing

The proposed amendments would revise existing regulations that govern admission for applicants with criminal records or a history of involvement with the criminal justice system and eviction or termination of assistance of persons on the basis of illegal drug use, drug-related criminal activity, or other criminal activity.

June 10, 2024

DOT

National Multimodal Freight Network

DOT request RFI from public on the best approach to identify critical freight facilities and corridors that will make up a National Multimodal Freight Network (NMFN) that is vital to achieving the national multimodal


freight policy goals of the United States.


June 11, 2024

HUD

Iron, Steel, Construction Materials, and Manufactured Products Used in Housing Programs Pursuant to the Build America, Buy America Act



Request for Information Regarding Iron, Steel, Construction Materials, and Manufactured Products Used in Housing Programs Pursuant to the Build America, Buy America Act

June 17, 2024 (Extension)

OSHA

Emergency Response Standard



The proposed rule would expand the scope of OSHA's standard to include a broad range of hazards emergency responders encounter during emergency response activities and would bring the standard in line with FEMA’s National Response Framework. It would also modernize the standard to align with the current industry consensus standards issued by the National Fire Protection Association (NFPA) on the safe conduct of emergency response activities.

June 21, 2024

DOT

Opportunities and Challenges of Artificial Intelligence (AI) in Transportation



The purpose of this Request for Information (RFI) is to obtain input from a broad array of stakeholders on AI opportunities, challenges and related issues in transportation pursuant to Executive Order (E.O.) 14110 of October 30, 2023 entitled “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”.

July 1, 2024

CISA

Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) Reporting Requirements



The Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), which proposes regulations implementing the statute's covered cyber incident and ransom payment reporting requirements for covered entities.

July 3, 2024 (Extension)

FERC

Standards for Business Practices and Communication Protocols for Public Utilities



Amends its regulations to incorporate by reference, with certain exceptions, the latest version (Version 004) of the Standards for Business Practices and Communication Protocols for Public Utilities adopted by the Wholesale Electric Quadrant of the North American Energy Standards Board.

July 5, 2024

DOC

AI and Open Government Data Assets Required for Information

This Request for Information (RFI) seeks valuable insights from industry experts, researchers, civil society organizations, and other members of the public on the development of AI-ready open data assets and data dissemination standards.

July 16, 2024

FEMA

Individual Assistance Program Equity

Amending its regulations governing the Individual Assistance program to increase equity by simplifying processes, removing barriers to entry, and increasing eligibility for certain types of assistance under the program.

July 22, 2024

Army Corps

Proposals for Inclusion in the Annual Report to Congress on Future Water Resources Development

Army Corps seeks comments for proposals for inclusion in the 2025 Annual Report to Congress on Future Water Resources Development (Annual Report). The Annual Report includes proposals submitted by non-federal interests for new feasibility studies, proposed modifications to authorized water resources development projects or feasibility studies, and proposed modifications to environmental infrastructure program authorities

August 30, 2024

Week in Review

Senate passes FAA reauthorization bill ahead of deadline

 

House blocks Greene’s resolution to oust Johnson

 

Thompson releases additional 2024 farm bill details, pens open letter