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Federal Legislative Update February 3, 2025

By Kristin Withrow posted 02-04-2025 07:12 AM

  

House and Senate Action

The Senate gaveled into session on Monday afternoon, kicking off a week that is once again largely focused on advancing President Trump's remaining cabinet nominees. As of this writing, the Senate has confirmed 9 nominees, with several more expected to receive final confirmation votes later this week. 

For its part, the House is set to reconvene on Tuesday afternoon following a week-long recess. The lower chamber will consider several noncontroversial measures listed on the suspension calendar, including the Emergency Wildfire Fighting Technology Act of 2025 (H.R. 836). The bipartisan legislation, which is sponsored by Reps. David Valadao (R-CA) and Jim Costa (D-CA), would require the Secretaries of Agriculture and the Interior to evaluate and update deployment protocols for Containerized Aerial Fire Fighting Systems (CAFFS). Current aerial firefighting systems rely primarily on tanks and compressed air release mechanisms to deploy water and fire retardants. Equipping firefighters with modern CAFFS technology could dramatically increase the number of airlift assets for wildfire emergencies.

Later this week, the House will consider the HALT Fentanyl Act (H.R. 27), which would permanently classify fentanyl-related substances as a Schedule I drug under the Controlled Substances Act. Currently, substances structurally related to fentanyl are temporarily controlled class-wide as a Schedule I drug. If the temporary scheduling order expires on March 31, 2025, many fentanyl-related substances will become "street-legal," and law enforcement will lose the authority to seize these narcotics. The measure passed the House last year on a widely bipartisan basis and is expected to do so again.

The lower chamber will also consider the Protecting American Energy Act (H.R. 26), which would prohibit the president from imposing a moratorium on the use of hydraulic fracking without the authorization of Congress. Last year, the measure passed the House with limited bipartisan support – 15 Democrats joined all 214 Republicans to advance the bill.

Duffy Threatens to Block Sanctuary Jurisdictions from Receiving Federal Transportation Funding

On Friday, Transportation Secretary Sean Duffy issued an order that threatens to withhold billions of dollars in funding from local governments that refuse to comply with federal immigration enforcement. It should be noted that many practical effects of the order remain unknown. For instance, the Trump administration did not clarify whether the order applies solely to individual sanctuary jurisdictions, or if it also applies to local governments under state-wide sanctuary policies. The order is likely to face legal challenges, as it revives the unsettled debate around the president’s ability to withhold funds from jurisdictions that refuse to aid ICE in identifying and deporting undocumented immigrants. During his last term, President Trump attempted to withhold millions of dollars in federal law enforcement grants awarded to sanctuary cities, resulting in significant legal action that the courts never fully resolved. The department’s most recent move sets the stage for similar legal challenges.

Trump Postpones Tariffs on Mexico and Canada

On Saturday, President Trump announced sweeping tariffs on Mexico, Canada, and China affecting everything from fertilizer, food, and agricultural products to minerals, crude oil, and lumber. The majority of goods from Mexico and Canada would be subject to a 25 percent tariff, while Canadian energy products would be subject to a 10 percent tariff. Mexican President Claudia Sheinbaum and Canadian Prime Minister Justin Trudeau quickly pledged to impose counter-tariffs on the U.S.

On Monday, the Trump administration struck a deal with both leaders to delay the tariffs, which were set to go into effect on Tuesday. In exchange for a 30-day pause, Sheinbaum and Trudeau pledged to reinforce their borders and crack down on drug trafficking, particularly fentanyl.

For its part, China has yet to announce retaliatory tariffs, although President Xi is reportedly weighing similar measures in response to Trump's proposed 10 percent tariff on all Chinese goods. On Monday, Trump threatened to go even further – hiking tariffs on all Chinese goods to 25 percent. The White House says the two leaders will speak in the next couple of days, as Trump seeks to extract promises from President Xi on fentanyl trafficking and issues surrounding the Panama Canal.

Rep. Kevin Kiley Reintroduces SAFE HOME Act

Earlier today, Congressman Kevin Kiley (R-CA) reintroduced legislation – the SAFE HOME Act – that would incentivize homeowners to strengthen their properties against wildfire risks. Specifically, the legislation proposes a 25 percent refundable tax credit for qualified home hardening projects. The credit would be capped at $25,000 annually per taxpayer and phased out for higher-income individuals. It should be noted that the benefit would apply exclusively to a taxpayer’s primary residence, ensuring the focus remains on safeguarding occupied homes in high-risk areas.

Upcoming News to Watch

House Oversight Committee: On Wednesday, February 5 at 10:00 a.m. ET, the House Oversight Committee will hold a hearing on "rightsizing government." The hearing can be viewed by the public using this link.

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