Congress Returns to Wrap Up Its Business

Congress has returned from its August recess to focus on a pre-election legislative agenda largely comprised of national security issues. This brief summary, prepared by members of the Public Policy practice at Van Ness Feldman, takes a look at the state of play in Washington for the remainder of this Congressional session. As a reminder, legislation not passed by both Houses of Congress and signed by the President before the end of this session of Congress dies and must start at the beginning of the legislative process when the 110th Congress is sworn in next January.

September Congressional Schedule

Both the Senate and the House of Representatives expect to recess by September 29th to allow members of Congress to return home to tend to election campaigns. During the three week period that they are in session, both chambers hope to finish the Defense Authorization bill now in conference, as well as the FY 2007 Defense and Homeland Security appropriations bills. Work on the remaining ten unfinished appropriations bills will be deferred until after the November elections.

It is possible, but unlikely, that Congress will complete work on other priority legislative initiatives – immigration reform, minimum wage increase, estate tax reform, expiring tax credits extension, commercial fisheries legislation, telecommunications reauthorization, and offshore drilling policy – before the election. Rather, Congress is expected to pass a Continuing Resolution that keeps the federal government operating, pending their return for a lame duck session the week of November 13th.

November and Beyond

Congress will return for a short session in November leading up to the Thanksgiving recess, and both Senate and House leadership have indicated that a December session is possible. Most observers expect Congress to combine all remaining appropriations bills into one “ominibus” appropriations package. Other non-appropriations bills could be folded into this package or dispensed with individually. Of course, the outcome of the November election has the potential to make an unpredictable lame duck session even more unpredictable. A change in party control of either the House or the Senate means changes in committee leadership, committee assignments, staffing, office space, and legislative priorities – changes sure to make a challenging legislative agenda even more difficult to complete.