May 26, 2022

Ahead of a week-long Memorial Day recess, senators failed to advance legislation (H.R. 350) this week aimed at cracking down on domestic terrorism. The measure, which passed the House on a party-line vote, would create new offices within the Department of Homeland Security, the Justice Department, and the FBI to monitor, investigate, and prosecute cases of domestic terrorism. In addition, the Pentagon and federal law-enforcement agencies would be forced to root out white supremacists in their own ranks. It should be noted that Senate Majority Leader Chuck Schumer (D-NY) scheduled the vote following the recent mass shooting at a supermarket in Buffalo, New York, in which a white gunman killed ten black shoppers and workers.

In the wake of another mass shooting this week at an elementary school in Uvalde, Texas, Democratic leaders suggested that the bill could be used as a vehicle for potential bipartisan gun-safety legislation. However, H.R. 350 fell short of the 60 votes needed to overcome a GOP filibuster. For their part, Republican lawmakers have expressed concern that the authority in the legislation could be used to punish political opponents, while others believe that the agencies, particularly the Justice Department, already have the necessary tools to address domestic terrorism.

In the coming weeks, congressional leaders are expected to consider additional bills aimed at curbing gun violence. In fact, Majority Leader Schumer has teed up consideration of two House-passed bills (H.R. 8; H.R. 1446) that would expand background checks for firearm sales. Meanwhile, the House will take up legislation that would establish a national “Red Flag” law, empowering courts to issue protective orders barring people from buying or possessing firearms if a judge deems them to be a threat to themselves or others. At this point, it’s unclear if any of these measures has the support needed to advance in the Senate.

Senator Padilla Introduces Legislation to Strengthen Federal Wildfire Science

Senators Alex Padilla (D-CA) and Ben Ray Ray Luján (D-NM) recently introduced a comprehensive science authorization bill (S. 4274) that aims to enhance community resilience to wildfires. Specifically, the legislation would establish a National Wildland Fire Risk Reduction Program with the purpose of achieving major measurable reductions in the losses of life and property from wildland fires. The new program would task the Office of Science & Technology Policy with strengthening federal coordination of research and operational efforts across multiple science agencies.

Among other things, the coordinated federal effort would seek to improve the understanding and prediction of the fire environment, wildland fires, associated smoke and their impacts, including in the wildland-urban interface, on communities, infrastructure, ecosystem services and watersheds, and social and economic outcomes. In addition, the new Interagency Coordinating Committee on Wildland Fire Risk Reduction would help develop and implement science-based and cost-effective measures to enhance community resilience, address and mitigate wildland fire and associated smoke impacts, and restore natural fire regimes to meet ecosystem needs. Finally, the measure would improve the understanding and mitigation of the impacts of climate change, drought, and climate variability on wildland fire risk, frequency, and severity.

The legislation has been referred to the Senate Committee on Commerce, Science, and Transportation. It should be noted that a companion bill (H.R. 5781) sponsored by Congresswoman Zoe Lofgren (D-CA) was introduced last year and has since advanced through the Committee on Science, Space, and Technology.

Senator Feinstein Introduces Legislation to Increase, Modernize Water Supply

Senator Dianne Feinstein – along with Senators Mark Kelly (D-AZ) and Kyrsten Sinema (D-AZ) – recently introduced legislation (S. 4231) that seeks to increase water supply and modernize water infrastructure in the West. Among other things, the proposed STREAM Act would authorize funding for storage projects ($750 million), water recycling ($300 million), and desalination ($150 million). It should be noted that this funding would build on the $1.15 billion for storage, $550 million for water recycling, and $250 million for desalination projects that was included in the Infrastructure Investment and Jobs Act (IIJA). In addition, the bill would establish a new, low-interest loan program for water supply projects. It also includes financial incentives for storage and conveyance projects that enhance environmental benefits and expand drinking water access for disadvantaged communities.

The Senate Energy and Natural Resources Committee’s Subcommittee on Water and Power held a legislative hearing on S. 4231 Wednesday, in which Senator Feinstein testified in support of her bill. In addition to the STREAM Act, the panel also discussed 16 other bills within the panel’s jurisdiction, including a separate measure (S. 1179) sponsored by Senator Feinstein that would authorize the Bureau of Reclamation to provide financial assistance for various projects in California to mitigate subsidence issues in the Friant-Kern Canal, the Delta-Mendota Canal, and certain parts of the San Luis Canal/California Aqueduct. Finally, the committee also discussed a bill (S. 2693) sponsored by Senator Alex Padilla that would significantly expand the ability of the Bureau of Reclamation to partner with state, local, and Tribal governments, as well as other entities, to contribute meaningfully to large-scale public health protection and environmental restoration projects at the Salton Sea.

Advanced Air Mobility Legislation Cleared by Senate Committee

The Senate Committee on Commerce, Science, and Transportation approved Wednesday legislation (S. 4246) designed to help local governments and other entities prepare for anticipated advanced air mobility (AAM) technologies (electric aircraft, passenger air vehicles and taxis, etc.). The bill, known as the Advanced Aviation Infrastructure Modernization Act (AAIM Act), is sponsored by Senator Padilla. Specifically, the legislation would authorize $25 million over two years for the Federal Aviation Administration to make planning grants to eligible grantees. In order to receive program funds, applicants would be required to submit comprehensive plans for the development and deployment of infrastructure necessary to facilitate AAM operations (e.g., vertiport and other physical or digital infrastructure). At least 20 percent of funds under the bill would be reserved for grants in rural areas.

A previously introduced companion measure (H.R. 6270) was approved by the House Transportation and Infrastructure Committee late last month.