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By Katie Cross, Senior Associate,
Blakey & Agnew
Post Labor Day, traffic in D.C. is back in full force as Members of Congress, and the staffers that support them, return to the city after the August recess. While it was a truncated recess for those in the Senate (Senate Majority Leader McConnell (R-KY) cut the recess short in order to speed the consideration of appointees to various judgeships across the U.S.) those in the House headed home for the month of August. August recess is not a vacation for lawmakers – it is intended to allow them to go home to their jurisdictions and check in with their constituents.
So as fashionably minded folks put away their white clothes, Members of Congress return to D.C. filled with input from their constituents to get back to work and face a full to-do list: appropriations bills, a Federal Aviation Administration (FAA) reauthorization bill, the 2018 Water Resources Development Act (WRDA), plus a Supreme Court nominee, North American Free Trade Agreement (NAFTA) negotiations, and mid-term elections ever looming.
Fiscal year 2018 (FY18) is quickly approaching its close and Congress must act prior to October 1 to continue funding the Federal government. An appropriations bill that would fund the U.S. Department of Transportation (USDOT), the Transportation, Housing and Urban Development (THUD) bill, already has been introduced in both Congressional chambers. The Senate's THUD bill passed the Senate as a part of a larger minibus package on August 1, 2018. It would fund USDOT at $26.8 billion for FY19, $648 million less than FY18 enacted levels. It would fund the BUILD grant program (formerly referred to as TIGER) at $1 billion and would mandate that USDOT use the selection criteria put forth in the Obama Administration's 2016 TIGER notice of funding opportunity (NOFO) to award funds.
The House's THUD bill was approved by the House Appropriations Committee on May 23, 2018 and calls for $27.8 billion in discretionary spending the USDOT in fiscal year 2019 (FY19). Additionally, it proposed to fund BUILD at $750 million, with at least $250 million of that to be used for seaport projects and intermodal connectors serving seaport facilities. The bill also included several truck policy riders, such as a Federal preemption of state meal and rest break laws. It is likely the House will take a similar route as the Senate and pass the THUD bill as part of a larger package of appropriations legislation in order to speeds its passage.
While Congress decides whether or not to pass the appropriations bills individually, in groups of minibuses, in one large omnibus, or to kick the can down the road and instead pass a continuing resolution bringing more time, they must also address the pending deadline of funding for the FAA,
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which will also expire October 1. The House has already passed its FAA reauthorization bill, which included a provision that would ensure Federal laws preempt state hours of service and rest break laws for commercial motor vehicle operators. The Senate's bill has been introduced but has not yet passed, meaning it is likely Congress will need to pass a short-term extension, possibly through the end of the 2018 calendar year. This will give the upper chamber more time to pass the bill and allow for the House and Senate conferees to come to an agreement for the final piece of legislation.
Congress has also committed to continuing the previously established two year schedule for WRDA. WRDA 2018 would provide for improvements in U.S. ports, inland waterways, locks, dams, and other water resource infrastructure. The bill passed the House by a vote of 408 to 2 on June 6, 2018 and now awaits consideration in the Senate.
These pieces of legislation will all jockey for consideration with other bills, including transportation security bills addressing threats at U.S. ports of entry and various procedures of the Transportation Security Administration. And, on August 31 President Trump notified Congress of his intent to sign a trade deal with Mexico, and possibly Canada, in 90 days. Members of Congress, many of whom have called for the deal to remain trilateral, will use those 90 days to consult with the Administration and stakeholders to discuss the preliminary agreement the U.S. and Mexico agreed upon in late-August. Meanwhile, the Administration will continue to negotiate with Canada to resolve outstanding issues. The negotiators have until October 1 to release the final text of the agreement.
The Senate is also tasked with evaluating the President's Supreme Court nominee by holding confirmation hearings, which began contentiously on September 4, 2018. And amongst all of this, the mid-term elections are fast approaching. With Members of Congress increasingly focused on getting re-elected, it becomes increasingly difficult to pass legislation or approve deals. While some of this legislation could be passed in the lame duck session following election in November, there is also the possibility that some will have to start from the beginning come 2019.
Blakey & Agnew, LLC is a public affairs and
communications consulting firm based in
Washington, DC.
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