Lawmakers Begin Legislative Sprint Ahead of August Break
July 13, 2023
After a two-week break for the Independence Day holiday, lawmakers returned to the nation’s capital this week. With the August recess just around the corner, congressional leaders have compiled a lengthy to-do list, which includes all 12 fiscal year 2024 spending bills, a Federal Aviation Administration (FAA) reauthorization package, a renewal of farm bill programs, and an annual defense policy measure. In a recent Dear Colleague letter outlining the agenda for the July work period, Senate Majority Leader Chuck Schumer (D-NY) indicated that the upper chamber may also consider legislation dealing with prescription drug pricing, permitting reform, rail safety, cannabis banking, and more.
Defense Authorization
At press time, the House was debating amendments to the annual National Defense Authorization Act (NDAA) – legislation that authorizes funding levels and provides authorities for the U.S. military and other defense priorities. The House measure (H.R. 2670) would authorize over $874 billion in discretionary spending for fiscal year 2024. While H.R. 2670 advanced through committee with overwhelming bipartisan support, the full chamber is slated to consider a series of contentious amendments – ranging from abortion rights to transgender medical treatment to aid for Ukraine – that could jeopardize final passage. For his part, House Speaker Kevin McCarthy (R-CA) is cautiously optimistic that the bill will pass before the end of the week. The Senate is expected to take up its version of the bill the week of July 17th.
Fiscal Year 2024 Spending Bills
Earlier today, the Senate Appropriations Committee began consideration of three (of 12) spending bills for fiscal year 2024, including those covering the Legislative Branch, Commerce-Justice-Science, and Financial Services. The measures were drafted consistent with the $1.59 trillion topline funding level agreed to under the recent debt limit deal – the Fiscal Responsibility Act (P.L. 118-5). Once approved, the panel will have advanced a total of five funding bills through committee. However, with the Senate set to begin consideration of the NDAA next week, it is unlikely there will be any significant floor time devoted to appropriations work before the August break.
Across Capitol Hill, the House Appropriations Committee has advanced six spending bills, with two additional measures having been approved at the subcommittee level. This week, the panel is set to consider two more funding bills at full committee and four more at the subcommittee level. It should be noted that House Republican committee leaders have drafted their bills at a level that is $120 billion below the topline established in P.L. 118-5. With the two chambers working with very different spending levels, it will be difficult for congressional negotiators to reconcile their differences later this year.
Looking ahead, Congress must approve or extend funding for all 12 appropriations bills by September 30 or risk a federal government shutdown. Furthermore, the debt limit deal includes a trigger provision for an automatic one percent cut to discretionary spending programs if Congress fails to pass all 12 appropriations measures by January 1, 2024.
FAA Reauthorization
Next week, the House is expected to vote on legislation – the Securing Growth and Robust Leadership in American Aviation Act (H.R. 3935) – that would reauthorize the FAA. The bill, which the Transportation and Infrastructure Committee approved last month, would authorize $103 billion for the FAA over the next five years. A competing Senate proposal (S. 1939) would authorize $107 billion over the same period. While the House is expected to pass its proposal next week with bipartisan support, S. 1939 is currently stalled in committee over a proposed change to pilot training requirements. The current authorization expires on September 30th, so lawmakers are expected to use the August break to negotiate a final deal.
Farm Bill Reauthorization
Key leaders on the House and Senate Agriculture Committees are still in the process of drafting their respective reauthorization bills. The legislation, which is typically renewed every five years, sets national agriculture, nutrition, conservation, and forestry policy. The House panel is aiming for a committee markup in early September, with floor action to follow soon after. The Senate has yet to lay out a legislative timeline. While both chambers are behind schedule, committee leaders have expressed optimism that they can pass a bill before the end of the calendar year. It should be noted that some farm bill programs expire beginning on September 30. With the lack of progress to this point, it is increasingly likely that Congress will need to approve a short-term extension sometime in the coming months.
Lawmakers Reintroduce Farm Workforce Modernization Act
A bipartisan group of lawmakers – led by Representatives Zoe Lofgren (D-CA) and Dan Newhouse (R-WA) – recently reintroduced CSAC-endorsed legislation (H.R. 4319) that would allow migrant farm workers to apply for temporary “certified agricultural worker” status. The measure, known as the Farm Workforce Modernization Act, would also allow undocumented individuals to earn permanent legal status for themselves and their dependent family members through continued agricultural employment. In addition, the legislation would make reforms to the H-2A agricultural guest worker visa program, including allowing a limited number of program participants to engage in year-round work. HR 4319 would also require the Department of Homeland Security to establish a nationwide system for employers to verify an individual’s identity and employment authorization (known as E-Verify). Employers hiring individuals for agricultural employment would be required to use the new system.