House Approves Gun Control Legislation, WRDA Reauthorization
June 9, 2022
Following the mass shooting at an elementary school in Uvalde, TX, and another at a supermarket in Buffalo, NY, much of the focus in Washington, D.C. has been on gun control. In a rare primetime address on June 2, President Biden called on Congress to approve a ban on assault weapons and high-capacity magazines. Short of a ban, President Biden urged lawmakers to raise the legal age to purchase such firearms. The president also called on lawmakers to strengthen background checks, pass safe storage and “red-flag” laws, repeal the immunity that protects gun manufacturers from liability, and address the mental health crisis that appears to be fueling much of the nation’s gun violence.
In response, House lawmakers this week voted largely along party lines to approve a comprehensive gun control measure (H.R. 7910) that incorporates many of the aforementioned proposals. The legislation, which combines eight separate gun-prevention bills into a single package, would also ban bump stocks, high-capacity magazines, and ghost guns. For their part, Democrats lauded the bill as a commonsense reform effort that will stop the spread of gun-related crimes and help prevent future mass casualty shootings. Republicans, on the other hand, criticized Democrats for not involving them in the development of the legislative package and characterized several of the proposals as an attempt to legislate away Second Amendment rights.
In addition to H.R. 7910, the House also narrowly approved a separate bill (H.R. 2377) that would establish procedures for federal courts to issue extreme risk protection orders, which are a type of court order that prohibits certain individuals from purchasing, possessing, or receiving a firearm or ammunition. Under the bill, a family or household member – or a law enforcement officer – would be allowed to petition a federal court for a protective order with respect to an individual who poses a risk to themselves or others. It should be noted that California was one of the first states in the nation to enact such a measure, which is known as a “red flag” law. In total, 19 states and the District of Columbia have adopted these types of laws.
Despite the legislative action in the House, the prospect for any meaningful gun control reform hinges on negotiations in the upper chamber. While various senators are currently engaged in such discussions, four key members – Senators Chris Murphy (D-CT), John Cornyn (R-TX), Kyrsten Sinema (D-AZ), and Thom Tillis (R-NC) – are leading bipartisan negotiations. While the discussions remain fluid, the group is looking to develop a package that would encourage states to set up red flag laws, strengthen the national criminal background check system, and provide additional funding for mental health treatment.
In addition to gun control legislation, the House this week overwhelmingly approved legislation (H.R. 7776) that would reauthorize the Water Resources Development Act (WRDA). The bill, which Congress typically renews every two years, authorizes projects and programs that fall under the purview of the U.S. Army Corps of Engineers (Corps). This year’s WRDA includes authorizations for a number of California-based projects and proposed feasibility studies. Among other things, the legislation mandates that the secretary of the Army create education and outreach programs for underserved and Indigenous communities on Army Corps projects. The bill also would add provisions to address shoreline and coastal vulnerabilities caused by increased storms and erosion from climate change.
Senators Padilla, Feinstein Introduce Slate of Wildfire Bills
Senators Alex Padilla (D-CA) and Dianne Feinstein (D-CA) recently introduced legislation to help prepare for and respond to the growing threat of wildfires in the West. One bill – the Fire Suppression Improvement Act (S. 4328) – would expand FEMA’s Federal Fire Management Assistance Grant (FMAG) program to ensure that state and local fire suppression assets that are pre-deployed before a wildfire are eligible for FMAG funding. Currently, FMAGs can only be used to reimburse expenses incurred after a major disaster declaration is granted. It would also allow for the federal cost share of such grants to be increased beyond 75 percent, where necessary.
In addition to S. 4328, the senators introduced the Post Fire Flooding and Debris Flow Act (S. 4327), which would expand eligibility under FEMA’s Hazard Mitigation Grant Program to explicitly include mitigating and preventing post-wildfire flooding and debris flows. It also would allow for the federal cost share of such work to be increased beyond the typical 75 percent, where necessary.
Senators Feinstein and Padilla also recently joined Senator Ben Ray Luján (D-NM) to introduce 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 (OSTP) with strengthening federal coordination of research and operational efforts across multiple 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.
Biden Administration Launches New Initiative to Modernize Building Codes, Improve Climate Resilience
In an effort to make the country’s infrastructure more resilient to disasters and extreme weather events, the Biden administration last week launched a new initiative that aims to help communities across the country adopt the latest building codes and standards. The program also includes provisions to improve building energy efficiency. According to the administration, the new initiative will incentivize and support the adoption of modernized building codes and standards by “providing technical assistance, implementing proven strategies and best practices – such as those in FEMA’s new Building Codes Strategy – across all relevant agencies in the federal government. Studies have shown that ensuring building codes meet the needs of a locality and its hazard profile will have a demonstrated impact on community resilience in the event of a disaster.