Update From Washington, D.C.
Both Chambers Reconvene; Emergency Wildfire and Public Safety Act; House Set to Consider Cannabis Legalization Bill
September 17, 2020
For the first time since the start of the August recess, both chambers of Congress were in session this week. The House returned to a light agenda featuring a number of noncontroversial bills on the suspension calendar. Additionally, the chamber approved legislation addressing diversity in education (HR 2639), racial discrimination (HR 2574) in schools, rights for pregnant employees (HR 2694), as well as a resolution targeting anti-Asian bigotry related to COVID-19 (H Res 908). Meanwhile, the Senate confirmed several judicial nominations, including Mark Scarsi, Stanley Blumenfeld and John Holcomb to be judges for the Central District of California and Todd Robinson to be a judge for the Southern District of California.
In addition to the scheduled legislative activity, the return of both chambers gave lawmakers an opportunity to resume negotiations on the fiscal year (FY) 2021 budget, as well as a potential FY 2020 emergency supplemental spending bill and legislation to provide additional COVID-19 relief.
With regard to the budget, congressional negotiators and the Trump administration are aiming to settle the details of a Continuing Resolution (CR) by the end of this week, with potential votes occurring sometime next week. With less than two weeks remaining in the current fiscal year, all parties have agreed that the CR should be “clean” to avoid a potential government shutdown on October 1. However, the length of the stopgap measure is still under discussion. On a related matter, an FY 2020 emergency supplemental appropriations bill addressing the Western wildfires and Hurricane Laura is a possibility at some point later this fall. Those talks, however, have not yet begun in earnest.
With regard to COVID-19 relief discussions, a bipartisan group of House members recently released a new $1.5 trillion coronavirus stimulus plan. The package, which has been proposed by the Problem Solvers Caucus, is intended to be a compromise between the House-passed HEROES Act (HR 6800) and recent Senate Republican proposals. Of particular interest to California’s counties, the compromise plan includes $500 billion in aid to state and local governments. Additionally, the proposal includes another round of direct stimulus payments for most Americans, as well funding for COVID-19 testing, schools, childcare, and small business relief. The legislative framework also includes $450 per week in supplemental unemployment insurance. Beneficiaries would be eligible to receive $450 per week for eight weeks, with benefits then capped at 100 percent of previous wages, or $600 per week, whichever is lower.
It remains unclear if this latest proposal will help jumpstart talks between Democratic congressional leaders and the White House.
Emergency Wildfire and Public Safety Act
On September 16, the Senate Energy and Natural Resources Committee’s Subcommittee on Public Lands, Forests, and Mining held a legislative hearing on a number of bills, including CSAC-endorsed legislation – sponsored by Senators Feinstein (D-CA) and Steve Daines (R-MT) – that would increase wildfire preparedness and post-fire response. The bill, entitled the Emergency Wildfire and Public Safety Act (S 4431), would provide the Forest Service with new tools to reduce hazardous fuels.
Among other things, S 4431 would establish a new landscape-level program for management activities designed to improve forest conditions and reduce wildfire risk. Specifically, it would allow the Forest Service to select three collaborative wildfire risk reduction projects to move forward under a streamlined environmental review process. Projects, which must be proposed by a governor and done in consultation with the Interior Secretary, could not exceed 75,000 acres. The legislation also would raise the legal threshold to challenge or delay these projects.
In addition, the bill would create a new categorical exclusion (CE) to accelerate forestry projects near existing roads, trails, and transmission lines. It also would allow for the export of unprocessed timber from dead and dying trees on federal lands in California, if there is no demand domestically. Another provision would encourage the Forest Service and the Interior Department to increase the use of wildfire detection equipment, such as sensors and cameras. Pursuant to the bill, FEMA’s hazard mitigation grant program would be expanded to allow for the installation of fire-resistant wires and infrastructure. The legislation also seeks to accelerate post-fire restoration and reforestation work on Forest Service land by authorizing certain emergency actions on up to 10,000 acres, including the reconstruction of existing utility lines and the replacement of underground cables.
It should also be noted that the Emergency Wildfire and Public Safety Act would authorize several new grant programs, including one that would facilitate the removal of biomass from National Forest areas that are at high risk of wildfire and to transport that biomass to conversion facilities. The legislation also proposes a new competitive grant program to provide funds to non-profits, educational institutions, and state agencies to assist in the development of activities relating to workforce development in the forestry sector. Funds would be available for education, training, skills development, and education. Another provision would expand an existing Energy Department grant program to allow for the retrofit of homes to make them more resilient to wildfire through the use of fire-resistant building materials and other methods.
An archived webcast of the hearing is available here, and a video of Senator Feinstein’s remarks can be accessed here.
House Set to Consider Cannabis Legalization Bill
Next week, the House is scheduled to consider a fairly comprehensive cannabis reform bill – the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (HR 3884) Act – that would decriminalize the drug at the federal level. The legislation, which the Judiciary Committee approved late last year, also includes various social equity provisions. For starters, it would create a pathway for resentencing individuals with prior cannabis-related convictions.
In addition, the bill would authorize a five percent federal excise tax on cannabis sales, the proceeds of which would be designated for programs (i.e., job training, reentry services, mentoring programs) in communities that have been most impacted by the drug war. A percentage of the funding generated by the tax would be reserved for small business loans and grants to help socially and economically disadvantaged individuals participate in the cannabis industry. Grant funding would be available to local governments that take certain steps to minimize barriers to entry for those who qualify, such as waiving application fees. Finally, the measure would protect immigrants from being denied citizenship over cannabis-related offenses and prevent federal agencies from blocking public benefits or security clearances due to its use.
It should be noted that moderate House Democrats, particularly those in vulnerable districts, have called on leadership to delay the vote, arguing that the chamber should instead focus on the CR and another COVID-19 stimulus package before voting on a major cannabis bill. In recent days, Democratic leaders have echoed this concern, although there have not yet been any changes to the floor schedule. If it is ultimately considered, HR 3884 is likely to pass the House with some bipartisan support. However, it faces long odds in the GOP-led Senate, where companion legislation (S 2227) is sponsored by Senator Kamala Harris (D-CA).