Weekly Legislative Update

September 16, 2024

Congressional Outlook

The House and Senate are in session this week with all attention focused on a stopgap funding bill just 15 days from a potential government shutdown.

 

After another assassination attempt on former President Donald Trump on Sunday, lawmakers leading the Task Force on the Attempted Assassination of Donald J. Trump have asked for a briefing from the U.S. Secret Service. Many are calling for more resources for the Secret Service.

 

Following internal pushback from his own party over a proposed six-month stopgap Continuing Resolution (CR), House Speaker Mike Johnson (R-LA) made the decision to pull the Continuing Appropriations and Other Matters Act, 2025 (H.R. 9494) from consideration last Wednesday. Instead of going to the floor, where the bill would fail, Speaker Johnson decided to use the weekend to consolidate votes and “build consensus” among Republican holdouts. The original bill text excluded key items that Senate Democrats and the White House are supportive of including in a CR, including immigration and border enforcement policies like E-Verify, expiring health care provisions including a federal telehealth program started during the pandemic, and addressing the Farm Bill’s “dairy cliff,” which, if not extended, would end dairy industry subsidies. Inaction from the House could leave the Senate to act first, with passage of a CR plan that would very likely forego a longer term sixth-month bill and opt, instead, for a shorter “clean” stopgap expiring on either December 13 or 20, 2024. Speaker Johnson will likely need to rely on votes from House Democrats in order to pass such a CR, making the negotiation much more difficult. In the meantime, the House is expected to move on the Veterans Benefits Continuity and Accountability Supplemental Appropriations Act, 2024 (H.R. 9468), a $3 billion bill focusing on funding the Department of Veterans Affairs and veterans’ benefits that would otherwise expire on October 1.

 

Senate Majority Leader Chuck Schumer (D-NY) announced Thursday that the Senate will vote on the Right to IVF Act (S. 4445), which would protect and expand nationwide access to fertility treatment, including in vitro fertilization (IVF). With Election Day only 50 days away, the Tuesday vote comes as Democrats hope to force Republicans’ hands on certain electoral issues. The measure expanding access to IVF nationwide is expected to fail on its cloture vote, which needs 60 votes to advance.

 

The House will consider 38 bills under suspension of the rules, including the BRIDGE for Workers Act (H.R. 5861), which extends reemployment services and eligibility assessments to all claimants for unemployment benefits; the SIREN Reauthorization Act (S. 265), which reauthorizes the rural emergency medical service training and equipment assistance program; and the FUTURE Networks Act (H.R. 1513), which directs the FCC to establish a ‘‘6G Task Force’’.

 

The House will also vote on the Protecting Americans’ Investments from Woke Policies Act (H.R. 5339), which requires retirement plan fiduciaries to prioritize returns over environmental, social, and governance factors when making investment decisions; the Anti-BDS Labeling Act (H.R. 5179), which codifies a Customs and Border Protection rule requiring goods originating from Israeli- and Palestinian-controlled areas of the West Bank to be labeled as “Made in Israel” or “Made in Gaza”; the Violence Against Women by Illegal Aliens Act (H.R. 7909), which makes noncitizens who commit sex offenses, domestic violence, and related crimes inadmissible to and deportable from the U.S.; the End Woke Higher Education Act (H.R. 3724), which mandates that accreditation standards for higher education not require support or opposition for political views or ideologies, and also that schools adopt policies on student groups and free speech on campus; the Prioritizing Economic Growth Over Woke Policies Act (H.R. 4790), which allows publicly owned companies to more easily block votes on investor proposals related to ESG issues; a Congressional Review Act (CRA) disapproval resolution (H.J. Res. 136) nullifying an EPA rule to more strictly regulate passenger vehicle tailpipe emissions and accelerate the transition to electric vehicles; and the No Bailout for Sanctuary Cities Act (H.R. 5717), which makes states and cities that have in place policies that hinder the federal government from enforcing immigration laws ineligible from receiving federal aid for migrant care.

 

The Senate will vote this week on Kevin Ritz to be a U.S. Circuit Judge for the Sixth Circuit.

 

For the remainder of the week, the House and Senate will hold several committee hearings and markups, most notably a House Energy and Commerce Subcommittee on Environment, Manufacturing, and Critical Materials hearing on “Holding the Biden-Harris EPA Accountable for Radical Rush-to-Green Spending.” The Senate will also hold several hearings, including a Banking, Housing, and Urban Affairs Subcommittee on Economic Policy hearing on “The Macroeconomic Impacts of Potential Tax Reform in 2025”; a Finance Committee hearing on “Lower Health Care Costs for Americans: Understanding the Benefits of the Inflation Reduction Act”; an Energy and Natural Resources Committee hearing to “Examine Fusion Energy Technology Development;” an Environment and Public Works hearing on “America’s Regional Commissions: Sharing Best Practices in Regional and Economic Development;” and a Judiciary Committee hearing on several bills including the COPS Reauthorization Act, (S. 1306), reauthorizing the Community Oriented Policing Services grant program for each of FYs 2024 through 2029 at $651 million annually.

 

On Wednesday, voters in New Jersey’s 10th congressional district will vote in a special election to replace the late Rep. Donald Payne (D-NJ), following his death in late April. The winner of the special election, between Democrat LaMonica McIver and Republican Carmen Bucco will serve out former Rep. Payne’s term through January 3, 2025 and then face off again on November 5 to serve the full two-year term for the new 119th Congress. Assuming Ms. McIver wins in a district that President Joe Biden won by 62 percentage points in 2020, House Democrats will hold 212 seats to the Republicans 220 seats until mid-November 2024 (when two other vacancies in Wisconsin and Texas will be filled following special House elections on Nov. 5).

 

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 9506 & S. 5014

Water Project Navigators Act

Rep. Brittany Pettersen (D-CO-7) & Sen. John Hickenlooper (D-CO)

Establishes a new program at the Bureau of Reclamation (BOR) to fund “navigator” positions with states, Tribes, and rural communities to boost capacity for developing, funding, and implementing water management and conservation projects.

H.R. 9515 & S. 5012

Bill supporting the Lower Colorado River Multi-Species Conservation Program

Rep. Ken Calvert (R-CA-41) & Sen. Alex Padilla (D-CA)

Establishes an interest-bearing account for the non-Federal contributions to the Lower Colorado River Multi-Species Conservation Program.

H.R. 9531

Farm to Market Road Improvement Act

Rep. David Valadao (R-CA-22)

A bill to make projects in certain counties eligible for funding under the rural surface transportation grant program.

S. 4999

A bill amending the Aquifer Recharge Flexibility Act

Sen. James Risch (R-ID)

Amends the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes.

S. 5011

A bill to improve drought resiliency and dam safety

Sen. Alex Padilla (D-CA)

Establishes the Integrated Water Management Federal Leadership Committee, to provide for improved drought resilience and dam safety.

H.R. 9536

A bill to limit vehicle roadside accidents

Rep. Troy Carter (D-LA-2)

Amends title 23, United States Code, and the Infrastructure Investment and Jobs Act with respect to vehicle roadside accidents.

H.R.9541

A bill providing hazard mitigation for electric utilities

Rep. Val Hoyle (D-OR-4)

Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize Federal agencies to provide certain essential assistance for hazard mitigation for electric utilities.

S. 5027

ROAD To Housing Act

Sen. Tim Scott (R-SC)

Increases access to affordable housing, reduce regulatory barriers, increase oversight, and assist the most vulnerable.

H.R.9553

Affordable Housing Resident Services Act

Rep. Pete Aguilar (D-CA-33)

Authorizes funding of enriched resident services in federally assisted affordable housing.

H.R.9576

Pathways to Policing Act

Rep. Dean Phillips (D-MN-3)

Authorizes a grant to encourage recruitment of law enforcement officers.

Agency

Title

Proposed Regulation

Comment Deadline

FCC

Implications of Artificial Intelligence Technologies on Protecting Consumers From Unwanted Robocalls and Robotexts

Proposes steps to protect consumers from the abuse of Artificial Intelligence (AI) in robocalls alongside actions that clear the path for positive uses of AI, including its use to improve access to the telephone network for people with disabilities.

October 10, 2024

HUD

Elevated Blood Lead Level Threshold for Children Under Age 6

HUD's intention to revise the elevated blood lead level (EBLL) threshold in HUD's requirements for assisted housing. HUD intends to revise its EBLL threshold to 3.5 micrograms of lead per deciliter (µg/dL) of blood for a child under the age of 6, consistent with the Centers for Disease Control and Prevention's (CDC) current blood lead reference value (BLRV).

October 11, 2024

GSA

Open Government National Action Plan

GSA invites comments for developing and implementing the 6th U.S. Open Government National Action Plan, specifically 1) Problem Identification; 2) Opportunities to build on existing work; 3) Innovative approaches; & 4) Resources and recommendations.

November 12, 2024

HUD

Formula Grant for Lead Hazard Reduction and Healthy Homes grant

Development of program components for a formula grant program to allocate funding for HUD’s Lead Hazard Reduction and Healthy Homes grant programs. Currently, these grant programs are statutorily required to make funding awards on a competitive basis; however, HUD has requested Congressional approval to award a portion of grant funds to eligible jurisdictions.

November 15, 2024

Week in Review

GOP leaders to roll the dice on doomed stopgap funds bill


House Speaker Johnson pulls government funding bill after GOP support collapses

 

Schumer cornering GOP on Trump IVF plan

 

Defense spending bills see another surge in unrequested items

 

House passes bill to prevent electric vehicle tax credits from flowing to China

 

Bill Protecting American Farmland from Foreign Adversaries Passes House