Adam S. Olsen- Washington, D.C.
September 11, 2024

Both the House and Senate have returned from their August recess and are in a sprint through September before they are expected to adjourn at the end of the month to go home to campaign.  Top of mind is getting the government funded, prior to the September 30th funding deadline, which as expected, is not off to a stellar start.

House Speaker Mike Johnson (R-Louisiana)  canceled a planned vote today on a stopgap funding bill that could keep the government open for the next six months after more than a dozen of his fellow Republicans walked back their support for it.  Chances of passage sank in recent days amid opposition from defense hawks, hardline conservatives and even moderates.  The decision to pull the vote on the CR and Safeguard American Voter Eligibility (SAVE) Act bill marks a complete turn for Speaker Johnson, who just 24 hours earlier promised to not only bring the legislation to the floor, but pass it despite the mounting opposition.  The government is set to partially shut down at 12:01 A.M. on October 1st  if a funding deal is not passed by Congress which is slightly more than a month before the November elections, which will determine which political party controls both chambers of Congress and the next president.

The temporary funding legislation pairs a six-month continuing resolution (CR) with a bill strongly backed by former President Donald Trump that would require proof of citizenship to register to vote.  Former President Trump urged Republicans to reject any bill to keep the government open that does not include the SAVE Act language- even if it causes a lapse in government funding.  Congressional Democrats have vowed to vote against any spending plan paired with the SAVE Act, which means the bill would be dead on arrival in the Democrat-controlled Senate.

Other legislation that Congress needs to pass in September includes:

Farm Bill Extension:  In November, 2023, Congress extended several farm programs through September 30, 2024, after failing to pass a new five-year farm bill. Although the House Agriculture Committee passed a multi-year extension of agriculture and nutrition programs in May, (H.R. 8467), Congress has taken no further action. Those expiring programs will need another extension.

 Counter-Drone Program:  The Counter Unmanned Aircraft Systems (UAS) program authority for DOJ and DHS expires October 1, 2024. Since Congress is unlikely to have finished a defense authorization bill by then, it would need to grant an extension for these authorities that provide air defenses against drones.

In addition, Senate Majority Leader Chuck Schumer (D-New York) has proposed bringing up the following:

Deepfakes Legislation: On July 31st, Leader Schumer tried unsuccessfully to obtain unanimous consent to pass two bills that restrict the use of artificial intelligence and deepfakes in elections – the Protect Elections from Deceptive AI Act (S. 2770) and the AI Transparency in Elections Act (S. 3875).  Leader Schumer has suggested that he will attempt to attach these bills to the CR in September.

Railway Safety: In May, 2023, the Senate Commerce Committee passed the Railway Safety Act (S. 576) in response to the 2023 East Palestine, Ohio train derailment on a 16-11 vote.  Leader Schumer has indicated an interest in moving to this legislation, and a procedural vote is possible in September.

For today, as the upper chamber pushes forward trying to clear as many judicial nominations as possible, the Senate is expected to vote on confirmation of the nomination of Mary Kay Lanthier to be United States District Judge for the District of Vermont and a Motion to invoke cloture on the nomination of Margarete Provinzino to be United States District Judge for the District of Minnesota.

The House is working on H.R. 9456 – Protecting American Agriculture from Foreign Adversaries Act of 2024 and H.R. 1425 – No WHO Pandemic Preparedness Treaty Without Senate Approval Act  The House is also expected to Complete consideration of H.R. 1398 – Protect America’s Innovation and Economic Security from CCP which is part of House Republicans “China Week” which seeks to curb and counter China’s influence and power — through its biotech companies, drones and electric vehicles — and will dominate the first week back from summer break, with lawmakers taking up a series of measures targeting Beijing.

Adam S. Olsen, Washington, D.C.