A House-passed bill to head off a nationwide freight rail strike faces an uncertain future in the Senate, just days before a threatened work stoppage is likely to begin affecting the economy. On Wednesday, the House voted 290-137 to force the rail deal that was brokered by the White House earlier this year and also narrowly approved a separate version of the rail bill, 221-207, to give rail workers seven paid sick days, a move embraced by liberal Democrats in the House as well as Senator Bernie Sanders (I-Vermont). The Senate could take up legislation Thursday forcing a contract between national freight railroads and unions, potentially averting a December 9th strike that threatens travel, supply chains and the busy holiday shopping season. Senate Majority Leader Chuck Schumer (D-New York) made it clear Thursday morning that he wants the Senate to take up the rail legislation “ASAP.” Otherwise, he said, companies could start delaying shipments of goods to steer clear of the fallout of a rail shutdown. Senators were heading into a crucial lunch Thursday with two of President Joe Biden’s Cabinet officials, Transportation Secretary Pete Buttigieg and Labor Secretary Marty Walsh to try to convince them to move quickly. Earlier in the day, Senate Majority Leader Schumer vowed that the Senate won’t leave for the week until a freight rail agreement is reached, but exactly what that looks like, or whether the Senate can act in time, is in question. It is possible a final deal is reached today, as Senators wrap up negotiations on final issues which include at what threshold to set the amendment votes: a simple majority or 60. The two amendment votes that are expected include Senator Sanders’ amendment on adding paid sick leave for rail workers and Senator Dan Sullivan’s (R-Alaska) amendment for a 60-day extension for the unions and rail to continue negotiating.
While negotiations on a potential omnibus continue, an emerging compromise on the annual defense policy legislation will endorse a $45 billion increase to President Biden’s defense spending plans. The deal would set the budget topline of the fiscal 2023 National Defense Authorization Act at $847 billion for national defense and would go as high as $858 billion when including programs that fall outside of the jurisdiction of the Senate and House Armed Services committees. The level mirrors the increased budget approved by the Senate Armed Services Committee in June. The chairs and top Republicans of the two committees have largely resolved their differences and have handed the bill off to House and Senate leadership to deal with issues outside the panels’ jurisdiction that could be attached to the legislation. Still, there will be at least some resistance to the defense bill when an agreement emerges. House Minority Leader Kevin McCarthy (R-California) charged Democrats with focusing too much on “wokeism” over national security issues and has called for the bill to be delayed until Republicans take over the House in January. In the Senate, 13 Republicans are threatening to oppose advancing the bill unless they receive a vote to undo the administration’s military vaccine mandate. They want to bar DoD from kicking out troops solely because they didn’t receive the vaccine and reinstate personnel who have been forced out with back pay. In addition, 21 Republican governors, led by Tennessee Governor Bill Lee, issued a joint letter to top lawmakers asking them to “take immediate action to remove and prohibit” the mandate. Lawmakers are aiming to have the NDAA ready for a vote in the House next week. From there it would go to the Senate and, if approved, would head to the White House for President Biden’s signature.
For today, the Senate is also expected to vote on two Motions to invoke cloture on the nominations of Jerry W. Blackwell to be United States District Judge for the District of Minnesota and Doris L. Pryor to be United States Circuit Judge for the Seventh Circuit.
The House aims to complete work on H.R. 3372 – One Stop Shop Community Reentry Program Act of 2021 as well as consider fourteen bills under suspension of the Rules.
While the Senate will not be in session on Friday, the House will complete work on H.R. 8876 – Jackie Walorski Maternal and Child Home Visiting Reauthorization Act of 2022.
The House will then return on Monday, December 5th at 6:30 P.M. and the Senate at 3:00 P.M. for what is expected to be a very busy week.
Adam S. Olsen, Washington, D.C.
