Congress' Updated Laundry List

As we enter the final two-week stretch before August recess, we realize that our clients are gaming out strategies to leverage a limited number of moving vehicles to achieve their policy objectives between now and the end of the year. In case it is helpful, our team put together a list of must-pass legislation; priorities with high-possibility of action; vehicles where there is possible, but less likely action; serious candidates for at least short-term extensions; and finally, agenda items being worked, but less likely action.

A budget reconciliation bill, midterm elections, a lame-duck session, and the 2024 presidential election play a role in when and whether any legislation can pass; however, historical trends show that measures expiring before September 30th could be a candidate for a CR while any measures expiring after then could get additional extension with an end-of-year measure—such as the Omnibus or NDAA. The provisions are listed below:

CONGRESSIONAL COUNTDOWN

  • 9 Legislative Days until August Recess

  • 27 Legislative Days until the end of FY22

  • 36 Legislative Days until Election Day

  • 61 Legislative Days until end of 2022

Must-Pass Legislation

  • FY23 Appropriations: CR at a minimum and potentially an Omnibus in the lame-duck

  • National Defense Authorization Act (NDAA)

Priorities with High-Possibility of Action

  • CHIPS Act: Expected before August recess

  • NATO: Finland and Sweden

  • Water Resources Development Act (WRDA)

  • U.S. Food and Drug Administration (FDA) User Fee Reauthorization*

  • Behavioral Health*

  • Pandemic Preparedness*

  • Retirement Security*

  • Electoral Count Reform Act

  • Respect for Marriage Act

Possible, But Less-Likely Candidates for Movement

  • Reconciliation Package: Healthcare-Related

  • Additional Ukraine Aid

  • Insulin Cap

Serious Candidates for at Least Short-Term Extensions

  • Student Loan Executive Order: Expires Aug. 31

  • Federal Communications Commission (FCC) Spectrum Auction Authority: Expires Sept. 30

  • National Flood Insurance Program Authorization: Expires Sept. 30

  • Maternal, Infant, & Early Childhood Home Visiting: Expires Sept. 30

  • Authorization of Temporary Assistance for Needy Families (TANF) & Related Programs: Expires Sept. 30

  • Medicaid Assistance for Territories: Expires Dec. 13

  • Incentives for Biodiesel and Renewable Diesel: Expires Dec. 31

  • Energy Tax Credits: ITC and PTC: Expires Dec. 31

  • Allowance of full deduction for business meals provided by a restaurant: Expires Dec. 31

  • Railroad Track Maintenance Credit: Expires Dec. 31

  • Medicare Radiation Oncology Rules: Expires Dec. 31

  • Medicare Physician Bonus Payments: Expires Dec. 31

  • Medicare Access and CHIP Reauthorization Act/Alternative Payment Models (MACRA/APM) Bonus (2022 last performance year, 2024 payment year): Expires Dec. 31

  • Affordable Care Act (ACA) Premium Subsidies: Expires Dec. 31

  • Pay-As-You-Go (PAYGO): A 4 percent PAYGO is set to begin Jan. 1, 2023; Notably, PAYGO Cuts have never been implemented since their inception.

  • Other TCJA-Related Tax Phase-Outs & Expirations: The full expensing tax preference included in TCJA begins to phaseout in 2023 and ends completely by the beginning of 2027.

Agenda Items Being Worked, But Less Likely Action

  • Second Reconciliation Package: Climate-Related

  • Privacy: At least bills aimed at children very likely

    • Children and Teens’ Online Privacy Protection Act

    • Kids Online Safety Act

  • Antitrust

  • Immigration

  • COVID Relief

  • Restaurant Relief

 *Vehicle could also ride on CR and/or Omnibus

Amelia ClearyPlurus Strategiessenate, house, congress, president biden, biden, democrat, republican, reconcilliation, covid relief, antitrust, privacy, children and teens' online privacy protection act, kids online safety act, medicare rules