House and Senate Action

The House and Senate are both in session this week, though lawmakers will head home for the final stretch of campaign season following the conclusion of legislative business. Both chambers will reconvene on November 12 for a lame duck session.

The main priority for congressional leaders in the coming days will be extending government funding beyond September 30. After failing to advance House Speaker Mike Johnson’s six-month stopgap funding plan last week, congressional leaders reached a bipartisan agreement over the weekend to keep the trains running through December 20. The 12-week Continuing Resolution (CR), which the House is expected to advance on Wednesday, does not include a partisan provision that would have required individuals to provide proof of citizenship in order to vote in federal elections. It also does not provide any supplemental funding for FEMA but would allow the agency to tap into its fiscal year 2025 appropriation up front. This would eliminate a shortfall FEMA has faced since August. The CR does, however, include additional funding to help the Secret Service carry out protective operations, including those related to the 2024 presidential campaign. In addition, it would temporarily extend the Temporary Assistance for Needy Families (TANF) program, as well as the National Flood Insurance Program through December 20.

Fix Our Forests Act

Later today, the House will consider legislation – the Fix Our Forests Act (H.R. 8790) – that seeks to restore forest health, increase resiliency to catastrophic wildfires, and protect communities in the wildland-urban interface. The measure, which aligns with many of the recommendations of the Wildland Fire Mitigation and Management Commission, would accomplish the aforementioned goals by expediting environmental reviews, limiting frivolous lawsuits, and increasing the pace and scale of forest restoration projects. The bill also would provide federal land managers, including the U.S. Forest Service (USFS) and Bureau of Land Management (BLM), with additional tools to expedite forestry projects.

Specifically, H.R. 8790 would use fireshed mapping to prioritize the treatment of forests at the highest risk of wildfire. In addition, and to increase the pace of treatments, the bill would allow agencies to conduct critical forest management work concurrently with producing an environmental analysis. H.R. 8790 also would enable agencies to adopt categorical exclusions – or specific exemptions from full National Environmental Policy Act (NEPA) review – for certain forest management projects. To further support rural economies, the bill strengthens tools such as Good Neighbor Authority, Stewardship Contracting, and Shared Stewardship.

In an effort to deter frivolous litigation, the measure would prevent courts from stopping a project unless substantial environmental harm can be proven. Additionally, the legislation would require litigants to sue within 120 days and to have participated in the public comment process. Finally, the Fix Our Forests Act would promote intergovernmental collaboration by creating a new Fireshed Center made up of representatives from different agencies. The Center would help to inform suppression and management decisions.

At the request of NSDC, Representatives John Garamendi (D-CA) and Pat Fallon (R-TX) have submitted an amendment to the bill making clear that special districts are explicitly included in the definition of “local government” and eligible to participate in the wildfire-related programs authorized under the Healthy Forests Restoration Act of 2003. It also expands the Good Neighbor Authority (GNA) to special districts. The GNA is a land management tool used by the USFS and BLM to plan and execute cross-jurisdictional restoration work. Under current law, only states, counties, and tribes are able to enter into such agreements. The House will vote on the Garamendi-Fallon amendment this afternoon.

Although there is bipartisan support for the measure, some Democrats have expressed concerns that the proposed reforms would weaken bedrock environmental laws. A letter from 85 environmental organizations outlining these concerns can be accessed here. For its part, the Biden administration has issued a Statement of Administration Policy that “strongly opposes” the bill, though it should be noted that the president did not issue a veto threat.

The full House schedule can be accessed here.

Across the Capitol, the Senate is prepared to take up the CR once it’s approved by the House.

Relevant Hearings and Markups

Senate Homeland Security: On Wednesday morning, the committee will consider a slate of bills within the panel’s jurisdiction, including a bill – the Investing in Community Resilience Act (S. 4900) – that would incentivize local governments to invest in resilience measures. Another bill on the docket (S. 5067) includes a series of reforms aimed at improving disaster assistance programs. Among other things, it would create a universal application for disaster assistance and enable federal agencies to share relevant disaster assistance information with each other. A separate measure (S. 4898) would allow extreme heat to qualify as a major disaster under the Stafford Act. Additional information on the markup, including a full list of bills under consideration, can be found here.

House Transportation and Infrastructure: On Wednesday morning, the Subcommittee on Economic Development, Public Buildings, and Emergency Management will hold a hearing on the role and effectiveness of building codes in mitigating against disasters. The panel will hear from the National Emergency Management Association, the National Association of Home Builders, and others. Additional details on the hearing, including a full witness list, can be found here.

Senate Environment and Public Works: On Thursday morning, the committee will examine the public health impacts of PFAS exposures. 

Senate Health, Education, and Labor: On Wednesday afternoon, the Subcommittee on Employment and Workplace Safety will hold a hearing entitled, “Reading the Room: Preparing Workers for AI.” More details on the hearing can be found here.