Public Policy Update (as of 12/18/24)

Federal 

Budget and Appropriations 

As a reminder, on September 25, 2024, Congress passed a three-month long Continuing Resolution (CR) that extended government funding through December 20, 2024 (H.R. 9747). The CR included an extension of funding for the Autism CARES Act of 2019.

On December 16, 2024, the U.S. House of Representatives passed the Autism CARES Act of 2024 (H.R. 7213) by a vote of 402 to 13. This bipartisan bill ensures continued monitoring, training, and research programs within the U.S. Department of Health and Human Services to support children and adults with autism, people with other neurodevelopmental disabilities, and their families.

On December 17, 2024, a Budget Appropriations Continuing Resolution was filed. This bill included more than $100 billion in disaster aid and gave lawmakers more time to wrap up overdue work on government funding, the farm bill and a handful of other issues they decided not to finish.

The disaster aid section of the package included funding for the Federal Emergency Management Agency, the Department of Agriculture, the Small Business Administration and several other federal agencies to continue their ongoing response efforts following a slew of natural disasters during the last two years. It also gave Congress until mid-March to complete work on the dozen annual government funding bills that were supposed to become law by October 1, 2024.

It was initially believed that the bill would be passed by the House and the Senate, and then signed by President Biden. However, Speaker Mike Johnson has received pushback and pressure from conservatives on and off Capitol Hill, and it seems that the bill and CR may be scrapped. Congress has until midnight on December 20, 2024 to resolve this or face a government shut-down.

Looking ahead to policy and funding, the incoming leadership has suggested that Social Security and Medicare are safe. So with a promise from the new administration to cut spending and to reauthorize Tax Cuts and Jobs Act (TCJA) that was initially passed in 2017, Medicaid will likely be at risk in the future. Potential areas of reduction/change include: a higher Federal Medical Assistance Percentage (FMAP) for Medicaid Expansion (making it regular FMAP versus 90% FMAP); a per capita cap for Medicaid expenditures in states versus entitlement/no cap; converting Medicaid to a State Block Grant funding structure; and work requirements.

Subminimum Wage Update

On December 3, 2024, the U.S. Department of Labor (DOL) announced a notice of proposed rulemaking (NPRM), Employment of Workers with Disabilities Under Section 14(c) of the Fair Labor Standards Act, that would phase out certificates allowing employers to pay workers with disabilities at wage rates below the federal minimum wage. This would:

• Cease the DOL’s issuance of new section 14(c) certificates to employers submitting an initial application on or after the effective date of a final rule.
• Permit existing section 14(c) certificate holders, assuming all legal requirements are met, to continue to operate under section 14(c) certificate authority for up to three years after the effective date of a final rule.

This comes after years of education and advocacy by many disability advocates. This proposed rule comes during the last full month of President Biden’s administration, and the comment period ends just three days before President-elect Trump takes office. This timing raises questions as to whether the rule will ultimately be finalized.

The DOL encourages interested parties to submit comments on the proposal once it is published in the Federal Register. All comments must be received by 11:59 p.m. EST on January 17, 2025, for consideration in this rulemaking. Comments received after the comment period closes will not be considered. Learn more about the proposed rule and instructions for submitting comments.

Increased Airline Accessibility

Delta Airlines is making updates to one of its most popular in-flight features in an effort to improve accessibility for people with disabilities. A new flight map offering high-contrast visuals, a color-blind palette, large text and icons, clearer labels and the ability to zoom and pan has been introduced. In addition to improving visual accessibility, the airline said it plans to add voice narration to future versions of its flight map, providing audio updates of arrival times, points of interest and more.

State 

Legislative 

The legislature reconvened the week of November 19, 2024 and the House of Representatives and Senate voted to override Governor Cooper’s veto of HB 10. The bill, which was also called a mini-budget, includes funding for Hurricane Helene relief. It also includes $2 billion for the state’s private school voucher program over the next decade and requirements for sheriffs to cooperate with Immigration and Customs Enforcement officials at a time when many are worried about deportation.

During the same session in November, a bill entitled Disaster Relief-3/Budget/Various Law Changes was passed. It was described as the third round of relief for western North Carolina yet included a much smaller amount of funding than earlier packages. Most of the measure enacts a series of completely unrelated changes, which would weaken the power of the lieutenant governor, attorney general, and superintendent of public instruction offices. It also makes changes to absentee voting, ballot counting, the highway patrol and the judiciary. This bill was vetoed by the Governor. The legislature overrode the veto in early December.

Leadership Changes

Democrats in the North Carolina Senate elected a new leader to replace Sen. Dan Blue, a veteran legislator who led the caucus for more than a decade. Senate Democrats chose Sydney Batch, a former single-term House member who has represented Apex in the Senate since 2021, to serve as minority leader and head of their caucus in the upcoming legislative session.

Sen. Jay Chaudhuri, a high-ranking Democrat who also represents Raleigh, was elected to another term as minority whip, while Sen. Julie Mayfield, an Asheville Democrat, was reelected as caucus secretary.

Also on Monday, House Democrats reelected Rep. Robert Reives to another two-year term as leader of their caucus. Reives has led the caucus since 2021. The caucus plans to hold elections for other leadership positions in January.

North Carolina House Republicans selected their 2025-26 leadership. Rep. Destin Hall (R-Caldwell), current rules chairman, will serve as speaker of the House, succeeding Rep. Tim Moore (R-Cleveland), who was elected to Congress earlier this month after a decade as speaker.

Other leadership positions include Rep. Brenden Jones (R-Columbus) as majority leader and Rep. Mitchell Setzer (R-Catawba), who unseated Rep. Sarah Stevens to serve as speaker pro tempore.

In the Senate, Republicans re-elected Sen. Phil Berger (R-Rockingham) as Senate president pro tempore for an eighth term. Formal votes by the full House and Senate will take place in January at the start of the legislative session.