Weekly Legislative Update

February 5, 2024

Congressional Outlook

The House and Senate are in session this week. After the Senate released its bipartisan border security and foreign aid supplemental bill last night, it will hold its first crucial procedural vote on Wednesday. In contrast, lawmakers in the House will vote on an Israel-only aid package this week.

 

On Sunday evening, a bipartisan group of negotiators (Sens. James Lankford (R-Okla.), Chris Murphy (D-Conn.) and Kyrsten Sinema (I-Ariz.)) released the 370 pages of bill text for the Emergency National Security Supplemental Appropriations Act, 2024 (Senate amendment to H.R. 815), which includes border security measures in exchange for national security supplemental funding for Ukraine, Israel, Taiwan, and the Indo-Pacific region. Specifically, the legislation would limit the number of migrants claiming asylum. The total cost of the package is $118.3 billion, including $20 billion for border security, $60 billion in support of Ukraine, and $14 billion in emergency aid for Israel. In the Senate, the prospects of passing the bill are limited. Senate Majority Leader Chuck Schumer (D-NY) will place the bill on the Senate floor on Wednesday for its first procedural vote. The critical 60-vote threshold to pass the filibuster will need at least nine Republican votes. Sen. James Lankford (R-Okla.) said that 20 to 25 Senate Republicans are open to reviewing the measure, with another 20 to 25 leaning towards a no vote. In the House, the bill in its current form has no chance of passing. If passed in the Senate, House Speaker Mike Johnson (R-La.) reported that the bill is “dead on arrival,” meaning the House will not consider the bill on the floor. Speaker Johnson recently announced that the House would vote on a $17.6 billion Israel-only funding bill with no additional legislative changes or funding for border security or additional international aid.

 

Last Wednesday, the House passed the bipartisan $78 billion Tax Relief for American Families and Workers Act of 2024 (H.R. 7024) to expand the child tax credit and extend cuts to business taxes by a vote of 357-70. The bill includes $33 billion for an expanded Child Tax Credit (CTC) for three years, allowing more low-income families access to the CTC and many families to benefit from a larger CTC. As it heads to the Senate, it faces several significant legislative hurdles. Passage in the Senate faces a difficult road as many Republican Senators feel spurned over being cut out of the negotiating process between Senate Finance Committee Chair Ron Wyden (D-Ore.) and House Ways and Means Committee Chair Jason Smith (R-Mo.) Some sticking points when the Senate considers the bill are CTC access to migrants and parolees and the belief among some that the bill could add $400 billion to the federal deficit over the next decade. In addition, timing plays a significant role, as senators will place priority on passing the national defense supplemental (as discussed earlier); the Fiscal Year (FY) 2024 government funding bills, which face deadlines of March 1 and March 8; the Federal Aviation Administration’s (FAA) five-year authorization bill, which expires on March 8 (the Senate has not yet marked up their version of the bill, as of Feb. 5); and the likely House impeachment of Secretary of Homeland Security Alejandro Mayorkas.

 

The House will consider nine bills under suspension of the rules, including the Wildlife Innovation and Longevity Driver Reauthorization (WILD) Act (H.R. 5009), which reauthorizes wildlife habitat and conservation programs; and the Drought Preparedness Act (H.R. 4385), which extends authorization of the Reclamation States Emergency Drought Relief Act of 1991. The House will also vote on the impeachment resolution for Homeland Security Secretary Mayorkas (H. Res. 863); the Protecting Health Care for All Patients Act of 2023 (H.R. 485), which prohibits federal health programs from using cost-effectiveness measurements for medical treatments that place different values on patients’ lives; and a $17.6 billion emergency supplemental funding bill for Israel.  The Senate will vote on the nomination of Kurt Campbell to be Deputy Secretary of State and Amy Baggio to be U.S. District Judge for the District of Oregon.

 

For the remainder of the week, the House will hold several committee hearings, including a Transportation and Infrastructure Subcommittee on Aviation hearing on “The State of American Aviation and the Federal Aviation Administration.” 

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 7106

National Oceans and Coastal Security Improvements Act

Rep. Don Beyer (D-VA-8)

Supports coastal communities’ ability to prepare for and respond to a variety of coastal threats, including flooding, extreme weather events, climate hazards and changing ocean conditions by improving coastal infrastructure and supporting coastal research, resiliency, conservation, and restoration work.

H.R. 7114

Universal Prekindergarten and Early Childhood Education Act

Del. Eleanor Holmes Norton (D-DC)

Provides federal funds for states to establish and expand prekindergarten programs in public and public charter schools for every child, regardless of income.

H.R. 7132 & S 3684

Housing Supply and Affordability Act

Rep. Lisa Blunt Rochester (D-DE) & Sen. Amy Klobuchar (D-MN)

Creates a new Local Housing Policy Grant (LHPG) program administered by the HUD to provide grants to states, localities, tribes, and regional municipal and county coalitions support for local efforts to increase housing supply.

H.R. 7133

Naomi Schwartz and Susan Rose Safe Parking Act

Rep. Salud Carbajal (D-CA-24)

Allows federal housing funds to support safe parking programs by making these programs eligible for grants to support operation and expansion of these critical lifelines.

H.R. 7146

The Partnerships for Agricultural Climate Action (PACA) Act of 2024

Rep. Kim Schrier (D-WA-08)

Bill incentivizes voluntary conservation practices, serves farmers of all sizes with an emphasis on those historically underserved, enhances producer innovation and viability, and enables locally led climate action.

S. 3683

Making Aid for Local Disasters Equal Now (MALDEN) Act

Sen. Maria Cantwell (D-WA)

Ensures that a declaration for a major disaster or emergency is made on a timely basis, rural areas receive assistance.

H.R. 7178

Water Conservation Economic Adjustment Act

Rep. Dina Titus (D-NV-1)

Assists with water conservation efforts while diversifying economies in regions affected by drought and extreme heat.

S. 3711

Protect Innocent Victims of Taxation After Fire Act

Sen. Alex Padilla (D-CA)

Provides tax relief for wildfire survivors who have received compensation for losses and damages suffered during a wildfire.

H.R. 7197 & S 3732

Artificial Intelligence Environmental Impacts Act of 2024

Rep. Anna Eshoo (D-CA-16) & Sen. Ed Markey (D-MA)

Directs the National Institute of Standards and Technology (NIST) to develop standards to measure and report the full range of artificial intelligence’s (AI) environmental impacts, as well as create a voluntary framework for AI developers to report environmental impacts.

H.R. 7203

Beaches Environmental Assessment and Coastal Health (BEACH) Act

Rep. David Joyce (R-OH-14)

Assists state and local governments test, monitor, and identify contamination in recreational waters.

Agency

Title

Proposed Regulation

Comment Deadline

CISA

Shifting the Balance of Cybersecurity Risk: Principles and Approaches for Secure by Design Software

The white paper identifies three core principles to guide software manufacturers in building software security: 1. Take Ownership of Customer Security Outcomes, 2. Embrace Radical Transparency and Accountability, and 3. Lead From the Top.

February 20, 2024

CEQ

Environmental Justice Scorecard


Feedback on Phase One of the Environmental Justice Scorecard, which will inform future versions of the Environmental Justice Scorecard.

February 24, 2024

DOT

Implementation of IIJA programs RRIF and RIFIA

DOT proposes to implement provisions of the Infrastructure Investment and Jobs Act (the “IIJA”) that expand or modify the authorities applicable to the Railroad Rehabilitation and Improvement Financing (“RRIF”) and Transportation Infrastructure Finance and Innovation Act (“TIFIA”) programs, by amending the RRIF program and TIFIA program regulations.

February 26, 2024

NSF

National Ocean Biodiversity Strategy

National Science and Technology Council Subcommittee on Ocean Science and Technology (SOST), requests input from all interested parties to inform the development of a National Ocean Biodiversity Strategy (Strategy), covering the genetic lineages, species, habitats, and ecosystems of United States (U.S.) ocean, coastal, and Great Lakes waters.

February 28, 2024

DOA

National Handbook of Conservation Practices for the Natural Resources Conservation Service

NRCS plans to revise the conservation practice standards in the NHCP. This notice provides an overview of the planned changes and gives the public an opportunity to offer comments on the specific conservation practice standards and NRCS's proposed changes.

March 4, 2024

Census

Providing Public Access to the Results of Federally Funded Research

The document outlines the Census Bureau's plan for implementing new requirements to manage the public access of scientific data and publications. Public comments received on the Public Access Plan will inform Census Bureau as it develops policies and procedures to implement the Plan.

March 12, 2024

EPA

Initiation of Prioritization Under the Toxic Substances Control Act (TSCA)

EPA seeks comment on prioritization process for five chemical substances as candidates for designation as High-Priority Substances for risk evaluation under the Toxic Substances Control Act (TSCA)

March 18, 2024

FCC

The Infrastructure Investment and Jobs Act: Prevention and Elimination of Digital Discrimination

Establishes a framework to facilitate equal access to broadband internet access service by preventing digital discrimination of access.

March 22, 2024 (effective date)

FEMA

Individual Assistance Program Equity

Amending its regulations governing the Individual Assistance program to increase equity by simplifying processes, removing barriers to entry, and increasing eligibility for certain types of assistance under the program.

July 22, 2024

Week in Review

Senate unveils national security bill, border policy deal

 

House plans vote on standalone Israel aid bill next week, Speaker Johnson says

 

House speaker says Senate border bill 'dead on arrival' if it reaches chamber


House-passed tax bill heads into Senate GOP buzzsaw

 

House passes $78 billion tax bill in bipartisan vote