House and Senate Action

Following a one week recess for the Memorial Day holiday, the House and Senate will reconvene this afternoon. It will be a short work week, as a number of Members will travel to France midweek to mark the 80th anniversary of the D-Day invasion.

House

In the lower chamber, lawmakers will consider the fiscal year 2025 spending bill (H.R. 8580) that covers discretionary appropriations for Military Construction and Veterans Affairs. Notably, this is the first funding measure to be considered this year. The House will also take up legislation (H.R. 8282) sanctioning the International Criminal Court if it moves ahead with arrest warrants for Israeli officials. The full House floor schedule is available here.

Senate

Across Capitol Hill, the Senate will consider legislation – the Right to Contraception Act (S. 4381) – that would guarantee the legal right to purchase and use contraception and for health care providers to provide contraception, information, referrals and services related to contraception. The daily Senate schedule can be accessed here.

EPA Proposes Water System Restructuring Assessment Rule

On May 30, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would allow states to mandate assessments for how Public Water Systems (PWS) that chronically violate federal drinking water standards could be restructured.

EPA’s proposal stems from recent amendments to the Safe Drinking Water Act (SDWA) that granted the Agency and states new regulatory authorities. Pursuant to the rule, a PWS would be subject to a mandatory assessment if a state finds that: (1) the PWS has repeatedly violated one or more National Primary Drinking Water Regulations (NPDWRs) and such violations are likely to adversely affect human health; (2) the PWS is unable or unwilling to implement restructuring activities or already has attempted to implement such activities, but has not achieved compliance; (3) restructuring of the PWS, including a form of consolidation or a transfer of ownership, is feasible; and, (4) restructuring of the PWS could result in greater compliance with drinking water standards. Although EPA’s new mandatory assessment requirements would not apply to water systems that do not meet the aforementioned criteria, such PWSs could develop and submit restructuring plans eligible for restructuring incentives.

Looking ahead, EPA will be hosting a webinar on the proposed rule on June 5. The webinar will identify the primary elements of the rulemaking, key principles of restructuring, and identified topics for public comment on the proposal. A registration link for the webinar can be found here, and a copy of the proposed rule can be accessed here. Stakeholders have until July 29 to submit comments to the EPA.

Biden Expected to Announce Border Plan

On Tuesday, President Biden is expected to issue an executive order that would temporarily close the U.S.-Mexico border to migrants when crossings surge. The full details of the plan have yet to be released, but the order would allow border officials to prevent migrants from claiming asylum when border crossings surpass a certain threshold. While the threshold is still under discussion, it is expected to mirror legislation that failed to advance in the Senate. Under that proposal, the border would be closed to illegal crossings if the daily average of encounters surpasses 5,000 migrants, or if a one-day total surpasses 8,500. The legislation would have also given the Homeland Security Secretary the authority to shut down the border at 4,000 encounters per day. It should be noted that unaccompanied children are expected to be exempt from the order.

Relevant Hearings and Markups

House Natural Resources Committee: On Tuesday morning, the Subcommittee on Federal Lands will hold an oversight hearing entitled “Examining the President’s FY 2025 Budget Request for the U.S. Forest Service.” Additional details on the hearing, including a livestream of the event, will be available here. 

Senate Budget Committee: On Wednesday morning, the Senate Budget Committee will hold a hearing on how climate change continues to impact and challenge the insurance market. Additional information on the hearing will be available here.

 Senate Environment and Public Works (EPW) Committee: On Wednesday morning, the Senate EPW Committee will hold a hearing entitled “Oversight and Budget of the Federal Highway Administration.” Additional details on the hearing will be available here. 

House Oversight and Accountability Committee: On Wednesday, the House Oversight and Accountability Committee will hold an oversight hearing to examine programs under the purview of the U.S. Environmental Protection Agency. A livestream of the event will be accessible here.