Permitting: Senate lawmakers failed to reach a bipartisan agreement on permitting reform legislation this week, likely pushing consideration of the issue until after the midterm elections. The proposal, negotiated between the Trump administration and Senate Democrats, reportedly included provisions to protect utility customers from data center-driven electricity rate increases, ease approvals and limit legal challenges under the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA), and unfreeze certain wind and solar projects. Environment and Public Works (EPW) Committee Ranking Member Sheldon Whitehouse (D-RI) said Democrats need additional time to review the proposal with lawmakers and stakeholders.
Farm Bill: The farm bill package advanced in committee in a party-line vote last week, but Democrats say they will not provide the support needed for full passage unless the measure includes a two-year delay of a requirement for states to pay part of the costs of Supplemental Nutrition Assistance Program (SNAP) benefits.
Flock Camera Hearing: On September 23, the Senate Judiciary Subcommittee on Crime and Counterterrorism held what was reported as the first congressional hearing focused specifically on automated license plate reader (ALPR), or “Flock camera,” surveillance networks. Subcommittee Chairman Josh Hawley (R-MO) and Ranking Member Dick Durbin (D-IL) raised concerns about the scale of Flock's surveillance network, its ability to track innocent individuals' movements, and the potential for foreign actors to gain access to sensitive data. Senators broadly agreed that the current system lacks adequate safeguards, but there were differences over how Congress should respond. Sens. Hawley (R-MO) and Booker (D-NJ) emphasized the broad constitutional risks, while Sens. Britt (R-AL) and Blumenthal (D-CT) focused more on preserving legitimate law-enforcement uses through guardrails.
Flock Camera Letter: Also on September 23, Sens. Katie Britt (R-AL) and Raphael Warnock (D-GA) sent a letter to Attorney General Todd Blanche urging the Department of Justice (DOJ) to provide state and local law enforcement agencies with guidance on how to prevent the misuse of ALPRs.
Transit Legislation: On September 23, Sen. Bill Hagerty (R-TN) introduced the Safe Transit Act (S.5492), which allows the Department of Transportation (DOT) to withhold up to 100 percent of federal funds to cities and local governments that fail to criminalize fare evasion, ban violent offenders from transit systems, or allow personal recognizance and cash-free release for transit crimes. DOT issued a press release in support of the bill.
Trump Administration:
HUD Reissues CoC NOFO: On September 18, the Department of Housing and Urban Development (HUD) reissued its FY 2026 Continuum of Care Competition and Youth Homeless Demonstration Programs Grants Notice of Funding Opportunity (NOFO) as previously written following the emergency stay granted by the U.S. Court of Appeals for the First Circuit. Applications are due by September 30, 2026. Plaintiffs may still pursue additional legal challenges to the NOFO on other grounds.
DHS Releases 2026 Election Infrastructure Security Plan: On September 24, the Department of Homeland Security (DHS) released its 2026 Election Infrastructure Security Plan. The plan outlines the Cybersecurity and Infrastructure Security Agency’s (CISA) no-cost, voluntary services for election officials and private-sector election infrastructure partners.
White House Drops Proposed NIH EO: The White House has reportedly abandoned a potential executive order (EO) that would have given the Office of Management and Budget (OMB) discretion over grantmaking at the National Institutes of Health (NIH). Sen. Susan Collins (R-ME) had issued a letter warning the administration not to move forward, arguing the grantmaking process should not become politicized.
NHPA Changes Prompt Advocacy: The proposal to overhaul regulations that implement the National Historic Preservation Act (NHPA) is under review at the Office of Information and Regulatory Affairs (OIRA). At least 30 organizations or individuals have reportedly requested meetings with OIRA to discuss, and often criticize, the changes to NHPA regulations. The administration’s planned rule changes would cut out state and tribal officers from many aspects of the historic consultation process, allowing for faster project construction.
Coalition Files Comment to FCC on Wireline NPRM: USCM, NLC, NACo, and the National Association of Telecommunications Officers and Advisors (NATOA) filed a joint comment in response to FCC’s wireline Notice of Proposed Rulemaking (NPRM). The comment letter argues that the FCC’s proposed 120-day shot clock, cost-based fee standard, and restrictions on in-kind compensation would risk public safety and undermine the local government-provider partnerships that enable responsible deployment.
FEMA Announces Grant Awards for Firefighters and First Responders: The Federal Emergency Management Agency (FEMA) awarded more than $320 million in grant funding this week through the Assistance to Firefighters Grants (AFG), Staffing for Adequate Fire and Emergency Response (SAFER), and Fire Prevention and Safety (FP&S) grant programs. FEMA will continue making awards until all $648 million in available funding has been distributed.
EPA Announces San Francisco Bay Program Awards: On September 22, the EPA announced San Francisco Bay Program awards totaling more than $82 million to fund 20 projects that support major water quality improvements and habitat restoration across the San Francisco Bay.
The Week’s News:
Senate Republicans plan a vote on the Ratepayer Protection Act for next week (POLITICO)
