Weekly Federal Legislative Update - Week of December 5th, 2023
Congressional
Outlook
Congress is in session this week, with the Senate and the House returning today. While Congress passed a continuing resolution (CR) earlier this month to keep the federal government open through January 19 and February 2, 2024, lawmakers still have considerable work to do to close out the year.
The House will consider ten bills and one resolution under suspension of the rules, including the DOE and USDA Interagency Research Act (H.R. 1713), which directs the Energy and Agriculture departments to collaborate on research and development in a wide range of areas, including artificial intelligence, advanced crop science, grid modernization, and wildfire prevention. For the remainder of the week, the House will vote on the One Seat Ride Act (H.R. 1547), which requires the Department of Transportation to submit a study to Congress on the costs and benefits of commuter rail passenger transportation that doesn’t involve transfers; the Housing our Military Veterans Effectively (HOME) Act of 2023 (H.R. 3848), which increases maximum rates the Veterans Affairs Department pays entities that provide housing and services to veterans experiencing homelessness; and the Elizabeth Dole Home Care Act (H.R. 3848), which directs the Veterans Affairs Department to expand options for long-term home and community services for eligible veterans. The House may also consider the Choice in Automobile Retail Sales Act of 2023 (H.R. 4468), which prohibits the Administrator of the Environmental Protection Agency from finalizing, implementing, or enforcing a proposed rule with respect to emissions from vehicles.
Congress is currently negotiating the longstanding bipartisan National Defense Authorization Act (NDAA). Still a vote for potential passage will need to take a back seat to lawmakers focus on a supplemental aid package to Ukraine, Israel, the Indo-Pacific region, and southern border policy. The Federal Aviation Authorization will most likely result in another stopgap extension. The current bill is extended through March 8, allowing for conference negotiations between the House and Senate. Some lawmakers argue that even if the Senate passes its version of the FAA Reauthorization Act of 2023 (S.1939) before the year's end, there will still not be enough time for Congress to conference the bill before the deadline. The Senate this week will vote on several judicial and executive nominations, including: Irma Ramirez to be U.S. Circuit Judge for the Fifth Circuit; Loren AliKhan to be U.S. District Judge for the District of Columbia; and Elizabeth Richard to be Coordinator for Counterterrorism, with the rank and status of Ambassador at Large.
For the remainder of the week, the House and Senate will hold several hearings, including a Senate Environment and Public Works Committee hearing on “IIJA Investments in Habitat and Ecosystem Restoration, Pollinators, and Wildlife Crossings”; a House Oversight and Accountability Cybersecurity Information Technology and Government Innovation Subcommittee hearing on “White House Policy on AI”; and a House Energy and Commerce Communications and Technology Subcommittee hearing on “Oversight of the National Telecommunications and Information Administration.”
Bills and Regulations of Interest to You
Bill
Title
Sponsors
Background
Reforming Energy-Efficient Buildings and Appliances Tax Exemptions (REBATE) Act
Rep. Darren Soto (D-FL-9)
Amends the Inflation Reduction Act and allow local governments to receive federal grants to carry out high-efficiency electric home rebate programs.
Kid PROOF Act
Sen. Ben Ray Lujan (D-NM)
Amends the SUPPORT for Patients and Communities Act to authorize the use of certain grants to prevent suicide or overdose by children, adolescents, and young adults
Workforce DATA Act
Rep. Donald Davis (D-NC-1)
Requires the Secretary of Labor to take initiatives to measure the impact of automation on the workforce in order to inform workforce development strategies.
A bill to provide more flexibility for workforce training programs
Rep. John Duarte (R-CA-13)
Amends the Workforce Innovation and Opportunity Act to provide local areas more flexibility in the use of funds for incumbent workforce training programs.
Fairness in Airspace Includes Residents (F-AIR) Act
Rep. Anna Eshoo (D-CA-16)
Amends title 49, United States Code, to direct the Administrator of the Federal Aviation Administration to adjust certain requirements with respect to sovereignty and use of airspace.
Bill regarding fish held in captivity or a controlled environment
Rep. Cliff Bentz (R-OR-2)
Amends the Endangered Species Act of 1973 to allow certain activities to be carried out with regard to certain fish held in captivity or a controlled environment.
Kid PROOF Act
Sen. Ben Ray Lujan (D-NM)
Amends the SUPPORT for Patients and Communities Act to authorize the use of certain grants to prevent suicide or overdose by children, adolescents, and young adults
The Farmers Freedom Act of 2023
Sen. Mike Rounds (R-SD)
Requires the Environmental Protection Agency and the Corps of Engineers to use a certain definition for the term "prior converted cropland."
The Disadvantaged Business Enterprise Supportive Services Expansion Act and the Accelerating Small Business Growth Act
Sen. Alex Padilla (D-CA)
Raises the annual funding cap of the Federal Highway Administration’s (FHWA) Disadvantaged Business Enterprise Supportive Services Program, replicate the program at the Federal Transit Agency (FTA) and the Federal Aviation Administration (FAA), and create a grant program to help transportation agencies work with underserved businesses looking to improve growth and competitiveness for contracts.
Rural Energy Equity Act
Sen. Peter Welch (D-VT)
To improve and authorize strong funding levels for the Rural Energy for America Program (REAP). The bill would make REAP more accessible for smaller rural businesses and farms and make the program more climate-friendly..
Agency
Title
Proposed Regulation
Comment Deadline
OMB
Guidance for Grants and Agreements
OMB is proposing to revise sections of its Guidance for Grants and Agreements, including both policy changes and clarifications to existing guidance.
December 4, 2023
OSTP
Development of a Federal Environmental Justice Science, Data, and Research Plan
OSTP seeks information to assist in developing a coordinated Federal strategy to identify and address gaps in science, data, and research related to environmental justice. Information received through this RFI will inform the biennial Environmental Justice Science, Data, and Research Plan.
December 12, 2023
HUD
Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program
HUD solicits comment on the expansion and restructuring of its demonstration program (ConnectHomeUSA) that is designed to further the collaborative efforts by government, industry, and nonprofit organizations to accelerate broadband internet adoption and use in HUD-assisted homes.
December 18, 2023
DOI
The Orphaned Wells Program Office (OWPO) invites public comment to help inform its efforts in determining how to best structure the Regulatory Improvement Grant (RIG) program, pursuant to section 40601 of the Infrastructure Investment and Jobs Act
December 19, 2023
Treasury
Coronavirus State and Local Fiscal Recovery Funds
The Department of Treasury is issuing an interim final rule to amend the definition of “obligation” set forth in the Department's regulations with respect to the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act of 2021.
December 20, 2023
EPA
The EPA is issuing for public comment a draft guidance on applying the recent decision of the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund, in the Clean Water Act Section 402 NPDES permit program for point source discharges that travel through groundwater before reaching a water of the United States.
December 27, 2023
FTA
Transit Worker Hours of Service and Fatigue Risk Management
The FTA is considering proposing minimum safety standards to provide protections for transit workers to obtain adequate rest thereby reducing the risk of fatigue-related safety incidents.
December 29, 2023
DOT
Transportation Services for Individuals With Disabilities
DOT is considering whether to amend the accessibility requirements for transportation facilities under the Americans with Disabilities Act of 1990 (ADA) currently contained in Appendix A to DOT's regulations governing transportation services for individuals with disabilities.
January 5, 2024
HHS
The Administration for Children and Families invites public comments on the possibilities for design and implementation of the new pilot program and work outcomes measures of the FRA, in the TANF program.
January 11, 2024
DOC
Comment Assessing Information Collection and Reporting Burdens
The Department of Commerce is seeking comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden, in accordance with the Paperwork Reduction Act of 1995.
January 22, 2024
NSF
National Ocean Biodiversity Strategy
National Science and Technology Council Subcommittee on Ocean Science and Technology (SOST), requests input from all interested parties to inform the development of a National Ocean Biodiversity Strategy (Strategy), covering the genetic lineages, species, habitats, and ecosystems of United States (U.S.) ocean, coastal, and Great Lakes waters.
February 28, 2024