By Max Behlke
“No one needs a vacation so much as the person who has just had one.” – Elbert Hubbard
Nearing the end of their six-week summer recess, members of Congress are savoring the time back in their districts before heading to Washington for what portends to be an anything-but-boring fall on Capitol Hill.
Slated to gavel in on Sept. 8, Congress will have to consider a controversial Iran nuclear deal, pass funding legislation to prevent a government shutdown, as well as host the pope for the first ever papal address to Congress. And that is just September.
Upon their return, both the House and Senate are expected to immediately begin consideration of the agreement brokered by the Obama administration and five other countries, entitled the Joint Comprehensive Plan of Action, which aims to prevent Iran from producing enough nuclear material to produce a nuclear weapon for a least a decade.
Congress has the right to reject the deal, per legislation signed into law in May, but a vote of disapproval could be vetoed by the president, where it would then be returned to Congress for a possible veto override.
The deadline for congressional action is Sept. 17, and if a resolution of disapproval passes both chambers—contingent upon a filibuster in the Senate—an ensuing veto from the White House is all but certain.
What is not certain is what would happen after that. While Congress would have 10 days to take an override vote, it would need the votes of two-thirds of both chambers, instead of a simple majority. Assuming that every Republican votes to override the veto, they would have to be joined by at least 13 Democrats in the Senate and 48 Democrats in the House.
It’s still too early in the game to predict a final outcome and likely to get even more interesting when the contentious debate inevitably takes center stage.
Meanwhile, Congress will have to pass a funding package to prevent a government shutdown on Oct. 1, the day all 12 appropriations bills expire.
While negotiations have continued over the recess, the body will only have 12 days in session in September to resolve any disputes. To avert the second shutdown in two years, Congress must determine whether to raise spending caps imposed under sequestration, which would allow for an increase in funding for domestic and/or military programs, as well as for how long to extend funding.
As part of the process, Congress will also debate thorny policy “riders,” or policy amendments, that will concern issues ranging from the Confederate flag to the funding of Planned Parenthood to immigration to environmental regulations.
Pundits expect Congress to eventually pass a short-term spending package, known as a continuing resolution, through the end of the year. Even if that happens, no one knows whether that will come before or after the government runs out of money.
Sept. 30 is also the deadline when numerous other programs expire, including renewing the Federal Aviation Administration's authority to spend money, the Internet Tax Freedom Act, Amtrak reauthorization, certain child nutrition programs, and pipeline safety standards.
After that, it’s all downhill. Congress will just need to address the debt ceiling and transportation funding.
The federal government is expected to reach the nation’s borrowing limit by November or early December. If borrowing authority is not extended by then, the country will face the first ever federal default. Such high stakes suggest a high-level showdown.
In terms of transportation, Congress has until Oct. 29 to renew federal highway programs, which have been mired in disagreements on how they are to be funded. States have pressured for a long-term reauthorization as the recent short-term packages have made it impossible to plan and pay for long-term projects.
Needless to say, Congress is in for a turbulent ride this fall and members will undoubtedly be ready for another vacation at the end of December.
Max Behlke is manager, state-federal relations in the NCSL Washington, D.C. office.
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