Weekly Legislative Update

January 29, 2024

Congressional Outlook

The House and Senate are in session this week. The House may consider a $78 billion tax package, while the Senate may finally take action on a bipartisan border security package that negotiators have been working on for more than two months.

 

A bipartisan group of senators and the Biden Administration have been negotiating a border security and immigration-related package, and many expect bill text to be publicly released this week. Senate Minority Leader Mitch McConnell (R-Ky.) initially cast doubt on the proposal drafted by Sens. James Lankford (R-Okla.), Chris Murphy (D-Conn.) and Kyrsten Sinema (I-Ariz.) last week but later clarified that he supports the package. In the House, there is uncertainty as to how the House GOP conference will vote – if at all – on the bipartisan package. The original negotiations centered around including a border security measure in exchange for the Biden Administration’s $106 billion national security supplemental request for Ukraine, Israel, Taiwan, and the Indo-Pacific region. The negotiations now include the possibility of splitting international relief aid from the border package. Both parties will need to corral members who may vote “No” due to various controversial elements of the legislation. 

 

House Speaker Mike Johnson (R-La.) is deciding whether the House will vote this week on a tax agreement, the Tax Relief for American Families and Workers Act of 2024 (H.R. 7024), which expands the child tax credit and reinstates certain business tax breaks. This upcoming week will reveal what level of support the $78 billion deal drafted by House Ways and Means Committee Chair Jason Smith (R-Mo.) and Senate Finance Committee Chair Ron Wyden (D-Ore.) has. Notably, the legislation passed through the House Ways and Means Committee on January 19 by a bipartisan vote of 40-3. Some Democratic lawmakers have already questioned whether the deal does enough for working families. 

 

Senate Appropriations Committee Chair Patty Murray (D-Wash.) and House Appropriations Committee Chair Kay Granger (R-Texas) agreed to a deal Friday evening on the funding allocations -302(b)s- for all twelve FY 2024 appropriations bills. The agreement gives appropriators just under five weeks to fund parts of the federal government until the first shutdown deadline of Friday, March 1. The leaders will keep the 302(b) subcommittee totals secret until the drafting of the bills is complete.

 

The House will consider eight bills under suspension of the rules, including the Safe and Smart Federal Purchasing Act (H.R. 5528), which evaluates the impact of the lowest price technically acceptable source selection process on national security. The House will also vote on the Agent Raul Gonzalez Officer Safety Act (H.R. 5585), which imposes new criminal penalties on individuals who evade U.S. Border Patrol agents or other law enforcement officers; the Consequences for Social Security Fraud Act (H.R. 6678), which allows noncitizens who commit identity fraud to be deported or not admitted to enter the U.S.; the No Immigration Benefits for Hamas Terrorists (H.R. 6679), which bars individuals involved in the Oct. 7, 2023 attacks against Israel, including members of Hamas, from being admitted into the U.S. and from receiving any immigration benefits; and the Protect Our Communities from DUIs Act (H.R. 6976), which bars noncitizens who are convicted of—or admit to—driving under the influence of drugs or alcohol from entering or remaining in the U.S. The Senate will vote on the nomination of Joshua Kolar to be a U.S. Circuit Judge for the Seventh Circuit.

 

On Tuesday, the House Homeland Security Committee will hold a markup of articles of impeachment (H. Res. 863) against the Secretary of Homeland Security, Alejandro Mayorkas, for “Willful and Systemic Refusal to Comply with the Law” and “Breach of Public Trust.” Speaker Johnson indicated on Friday in a “Dear Colleague” letter that “A vote on the floor will be held as soon as possible” after the committee markup is complete. Only one Cabinet Secretary in U.S. history has ever been impeached by the House: William Belknap, who served as Secretary of War in 1876.

 

For the remainder of the week, the House will hold several committee hearings, including an Oversight and Accountability Subcommittee hearing on “America’s Report Card: Oversight of K-12 Public Education.” The Senate will also hold several hearings, including a Budget Committee hearing on “A Blueprint for Prosperity: Expanding Housing Affordability.

Bills and Regulations of Interest to You

Bill

Title

Sponsors

Background

H.R. 7069

Peer Support for Firefighters Act

Rep. Andrea Salinas (D-OR-06)

Prioritizes mental and behavioral health support for firefighters under federal law

H.R. 7070

Wildfire Response Improvement Act

Rep. Greg Stanton (D-AZ-4)

Directs the Administrator of the Federal Emergency Management Agency to conduct a review of the criteria for evaluating the cost-effectiveness of certain mitigation project

S. 3642

Advanced Weather Model Computing Development Act

Sen. Ben Ray Lujan (D-NM)

Authorizes a collaborative research partnership between the National Oceanic and Atmospheric Administration (NOAA) and Department of Energy (DOE) to improve advanced weather models.

H.R. 7075 & S 3644

HOME Investment Partnerships Reauthorization and Improvement Act

Rep. Joyce Beatty (D-OH-3) & Sen. Catherine Cortez Masto (D-NV)

Reauthorizes the HOME Investment Partnerships program, which delivers critical funding to help communities build new housing units, support rental assistance, and support new homebuyers

S. 3649

Flood Risk Transparency for Homebuyers Act

Sen. Marco Rubio (R-FL)

Requires the Secretary of Housing and Urban Development to provide a disclosure notice to homebuyers of properties owned by the Department of Housing and Urban Development that are located in special flood hazard areas.

S. 3650

Flood Insurance Rate Map Interagency (FIRM IT) Act

Sen. Marco Rubio (R-FL)

Requires the Federal Emergency Management Agency (FEMA) to consult with the U.S. Department of Defense, the U.S. Geological Survey, and the National Oceanic and Atmospheric Administration when developing flood maps in order to obtain the most up-to-date information relevant to NFIP rate maps.

H.R. 7076

Innovative Practices for Soil Health Act

Rep. Don Beyer (D-VA-8)

Improves soil health on farms and support sustainable alternatives to annual agriculture by improving United States Department of Agriculture (USDA) conservation programs to ensure they are better able to support farmers who incorporate perennial systems and agroforestry into their operations.

H.R. 7075 & S 3644

Complete Streets Act

Rep. Steve Cohen (D-TN-9) & Sen. Ed Markey (D-MA)

Requires states to direct a portion of their federal highway funding towards the creation of a Complete Streets Program. A “complete street” provides safe and accessible transportation options for children, seniors, and people with disabilities by prioritizing infrastructure for pedestrians, bicyclists, and public transit users.

S. 3669

Flood Risk Transparency for Homebuyers Act

Sen. Ed Markey (D-MA)

Requires transportation planners to consider projects and strategies to reduce greenhouse gas emissions.

S. 3672

Supporting Healthy Interstate Fisheries in Transition (SHIFT) Act

Sen. Richard Blumenthal (D-CT)

Requires that the Department of Commerce consider the changing geographic ranges of fish populations as it oversees federal fishery management plans and quota allocations for Atlantic states.

Agency

Title

Proposed Regulation

Comment Deadline

DHS

Advancing Environmental Justice

DHS will use comments citing barriers and challenges, successes, suggestions, and ideas to help improve and advance the Department's environmental justice program, conduct meaningful engagement, and address environmental justice challenges that communities are facing.

February 16, 2024

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

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

Dozen funding totals struck as Congress races to avert another shutdown cliff


McConnell floats splitting Ukraine and border security amid GOP infighting

 

Speaker faces GOP pressure on tax deal

 

Johnson warns Senate on immigration talks and vows to impeach Mayorkas soon