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Federal Legislative Update: Week of February 23, 2026

By Morgan Leskody posted 16 hours ago

  

House and Senate Action

After a one-week break for the President's Day holiday, both chambers return to work this week. However, a winter storm on the East Coast has disrupted the congressional schedule. Votes are now postponed until Tuesday. The State of the Union address is still scheduled for Tuesday night. 

House

The House will consider a handful of measures on the suspension calendar (requires 2/3 majority), including bipartisan legislation (H.R. 390) that would direct NASA to deploy advanced drone and airspace-management technology to improve coordination between manned and unmanned aircraft and strengthen aerial wildfire response, especially in low-visibility conditions.

Another bill on the docket – the ROTOR Act (S. 2503) – aims to strengthen aviation safety by requiring aircraft (including military aircraft) to broadcast their location in high-risk airspace. The measure, which has already been approved in the Senate, is a response to the January 2025 crash near Ronald Reagan Washington National Airport.

Later in the week, the House will consider legislation related to federal energy efficiency standards and appliance regulations enacted under the Inflation Reduction Act.

Senate

Across Capitol Hill, the Senate is likely to consider House-passed legislation – the Safeguarding American Voter Eligibility (SAVE) Act (S. 1383) – that would require individuals to provide proof of U.S. citizenship (i.e. passport or REAL ID-compliant identification cards) when registering to vote in federal elections.

DHS Shutdown Drags On as Negotiations Remain Stalled

With the partial shutdown of the Department of Homeland Security (DHS) now entering its second week, there is still no clear path to reopening the agency. Talks between the White House and congressional leaders have continued behind the scenes, but recent proposal exchanges failed to produce a breakthrough. Democrats remain focused on securing changes to federal enforcement operations, while Republicans say they are open to codifying some recent administrative reforms but have rejected several of Democrats’ core demands.

Both sides publicly describe the discussions as happening in good faith, though negotiators privately acknowledge progress has been limited. Senate Democrats have remained largely unified, while some Republicans are watching the first missed paychecks for DHS employees as a potential pressure point. Others suggest momentum could pick up following the President’s State of the Union address, though there is little indication so far that either party is prepared to significantly shift its position.

The shutdown has drawn relatively limited public attention in part because roughly 90 percent of DHS workers – including staff at the Transportation Security Administration (TSA), the Coast Guard, and FEMA – are considered essential and continue working without pay. For its part, the administration has taken steps to increase visibility around the shutdown, briefly announcing suspensions to TSA PreCheck and Global Entry before reversing course, and signaling that FEMA will pause non-essential work.

With both parties standing firm and limited external pressure so far, the standoff shows few signs of easing. Absent a compromise, DHS operations will remain constrained.

Bipartisan Transportation Bill Introduced in the House

Representatives Kristen McDonald Rivet (D-MI) and Robert Bresnahan (R-PA) recently introduced legislation designed to provide increased federal transportation resources to local governments. The bill – known as theBridges and Safety Infrastructure for Community Success (BASICS) Act(H.R. 7437) – has been referred to the House Transportation & Infrastructure Committee, which is currently in the process of drafting a long-term highway and transit reauthorization measure. 

Among other things, theBASICS Actwould increase thepercentageoffunds that are apportioned fromtheHighway Trust Fund (HTF) totheSurface Transportation Block Grant (STBG) and the Highway Safety Improvement Program (HSIP). The STBG, which is the most flexible federal-aid highway program, provides funds for local road, bridge, recreational trail, planning, safety, parking, and transit-related projects, among others. The HSIP provides funding for a wide variety of activities and projects that seek to improve highway, road, and pedestrian safety. 

H.R. 7437 also would modify the Federal Highway Administration’s Bridge Formula Program(BFP) by requiring States to sub-allocate a portion of BFP funds to local governments. Thiswouldensure thatlocal agencies,which own a majority of bridges that are rated in poor condition, are guaranteed access to funding to repair or replace thesecritically importantassets. 

Finally, the bill would strengthen metropolitan planning organizations by providing MPOs with additional resources and authorities, while also establishing a dedicated rural and nonmetropolitan planning programto enhance support for federally designated regional or rural/regional transportation planning organizations (RTPOs). 

Tariff Authority in Flux After Supreme Court Decision

Last week, in a major ruling on presidential authority, the Supreme Court struck down sweeping tariffs imposed by President Trump, finding in a 6–3 decision that they exceeded the powers granted to the president under the International Emergency Economic Powers Act (IEEPA. The Court ruled that the administration could not use emergency authorities intended for foreign threats to impose broad, economy-wide import duties, effectively invalidating the tariff framework that had been put in place through executive action.

In response, the administration pivoted to a separate and rarely used authority (Section 122 of the Trade Act of 1974), which allows temporary global tariffs for up to 150 days. President Trump also announced plans to raise the new worldwide tariff rate from 10 percent to the maximum 15 percent allowed under that statute.

Any tariffs beyond that 150-day window would require congressional approval, putting Capitol Hill back at the center of the debate. Senate Democrats have already declared that they will not support extending the tariffs. Democrats also introduced legislation earlier today directing the administration to refund up to $175 billion collected under IEEPA and requiring refunds to be processed within 180 days.

Officials at the Treasury Department have indicated that a lower court will ultimately decide whether refunds are required, but the bill reflects growing pressure from lawmakers to provide clarity for importers and consumers affected by the invalidated tariffs.

Relevant Hearings and Markups

House Energy and Commerce

Tuesday, February 24 | 10:15 a.m. ET | The Subcommittee on Environment will hold a hearing to examine challenges and opportunities for safe, reliable, and affordable drinking water.

Hearing Details

House Energy and Natural Resources

Tuesday, February 24 | 10:30 a.m. ET | The Subcommittee on Energy and Mineral Resources will hold a legislative hearing on a handful of bills focused on expanding and streamlining domestic mineral and critical resource development.

Tuesday, February 24 | 10:15 a.m. ET | The Subcommittee on Water, Wildlife, and Fisheries will hold an oversight hearing entitled, “Bureaucratic Delays and the Costs to Ratepayers and Electric Power Systems.”

Hearing Details

House Science, Space, and Technology

Wednesday, February 24 | 10:00 a.m. ET | The Subcommittee on Investigations and Oversight will hold a hearing to assess policy options ot increase data center infrastructure.

Hearing Details

House Transportation and Infrastructure

Tuesday, February 24 | 10:00 a.m. ET | The Subcommittee on Water Resources and Environment will hear the Trump administration's priorities for the Water Resources Development Act.

Hearing Details

House Ways and Means

Tuesday, February 24 | 10:00 a.m. ET | The Subcommittee on Health will hold a hearing entitled, "Advancing the Next Generation of America's Health Care Workforce."

Hearing Details

Senate Environment and Public Works

Wednesday, February 25 | 10:00 a.m. ET | The panel will hold a hearing to examine the Water Resources Development Act (WRDA) of 2026 and other ongoing U.S. Army Corps of Engineers (Army Corps) projects, programs and priorities.

Hearing Details


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