Congress Returns to Busy Schedule

The Senate returned from August recess this week and faces an overflowing legislative agenda packed with Party priorities and legislative responsibilities. The House returns from recess on September 12. Let's take a look at what is on the horizon:

Appropriations

Congress is working to put together a continuing resolution (CR) to fund the government past September 30. For his part, President Biden sent an outline for funding 'anomalies' that detail additional programs the Administration would like included in a short-term CR. These additional requests include additional funds to build a new submarine, additional funding to the Women Infants and Children nutrition program managed by USDA, new funds for pandemic preparation, and more. The President is also seeking an extra $24 billion in security and humanitarian assistance for Ukraine,

This week, the Senate plans to take up floor votes on the Military Construction-VA, Transportation-HUD, and Agriculture-FDA funding bills. In the House, Republicans are taking amendment submissions in advance of action on their Defense and Homeland Security spending measures.

We've heard increasing chatter on Capitol Hill about a possible government shutdown if the House and Senate cannot come together on a funding package in a timely manner. Much of the right flank of the Republican caucus is holding firm on some funding priorities and culture issues, such as several abortion-related provisions in their funding bills, that will be nonstarters in the Senate.

Permitting

While Sen. Joe Manchin (D-WV) has reiterated his interest in a bipartisan permitting bill, we've seen some of that early summer interest waning on Capitol Hill. Leader Schumer (D-NY) did not raise the issue in his letter to fellow senators as they returned to work from the August recess earlier last week. There may be interest in some smaller, sector-specific action in bills like the National Defense Authorization Act (NDAA). Sen. Kelly (D-AZ), for example, has expressed his interest in using the NDAA to expedite NEPA reviews for building semiconductor manufacturing facilities. In the House, Reps. Garret Graves (R-LA) and Scott Peters (D-CA) remain two of the most vocal supporters of additional action on infrastructure.

Farm Bill

We still have not seen draft proposals from either the House or Senate on a Farm Bill that legislators can review and work from. Congress will certainly have to extend the programs in the Farm Bill that expire on September 30. In the House, Chairman Thompson (R-PA) remains publicly insistent on an early September timeline for release of a draft bill. In the Senate, Chairwoman Stabenow (D-MI) has not spoken on timelines recently.

NDAA

Over the next few weeks, the House and Senate are expected to work closely in an effort to reconcile their respective versions of the FY 24 National Defense Authorization Act (NDAA). Though bipartisanship remains the public priority, some provisions may spark heated discussions through the fall. The House NDAA, for example, contains several climate-related provisions the Senate will most certainly reject. One proposal bars the Pentagon from implementing climate and clean energy programs. Notably, both versions currently include language against a Biden administration rule that requires contractors disclose their greenhouse gas emissions.

Rail Safety, FAA & PHMSA Reauthorization, and a China Bill

In his letter earlier this week, Leader Schumer mentioned his intent to address rail safety - a promise he made after the February train derailment in East Palestine, OH. Bipartisan legislation on the matter was approved by the Senate Commerce, Science, and Transportation Committee in May, but several members still have concerns and Leader McConnell (R-KY) is not working to whip votes in support. It may be an uphill or backburner battle on that matter.

On the matter of PHMSA reauthorization, we have not heard much since earlier this summer - except that FAA reauthorization was taking the front seat. PHMSA authorization expires September 30. On the FAA matter, the House approved its version in July but the Senate is still negotiating how to handle certain environmental reviews and such.

Lastly, it's worth mentioning that Leader Schumer consistently talks about his interest in another bill focused on increasing American competitiveness with China. We have not heard anything recent on this matter, except that some lawmakers may also be interested in adding some climate trade provisions if a bill materializes.

Congress is back for nearly all of September and most of October. The agenda is packed with several important, yet hot-button matters that need to be hashed out. The critical matter currently, however, is passing a continuing resolution and averting a government shutdown. Continue to follow the reports and alerts published by Constitution Partners to stay up to date.