Congress Returns from August Recess for a Busy Three-Week Session

Congress Returns from August Recess for a Busy Three-Week Session

Both the House and Senate return from the August recess for a jam-packed three-week session before recessing at the end of the month until after the November elections.

There are several items that are considered “must pass” in the September work period, including:

• A Continuing Resolution (CR) to prevent a government shutdown at the end of the fiscal year on September 30th.
• Extensions of Farm Bill programs and the National Flood Insurance Program.
• A fix for the Department of Veterans Affairs’ roughly $3 billion budget shortfall.

The House will begin processing a CR.  The Speaker released  Continuing Appropriations and Other Matters Act (H.R.___) over the weekend, which would extend government funding through March 28, extend the National Flood Insurance Program for the duration of the CR, and provide an additional $10 billion for the Federal Emergency Management Agency’s Disaster Relief Fund. But it also includes the SAVE Act (H.R.8281), which would codify a proof of citizenship requirement as a condition for registering to vote in federal elections.

Because Democrats in the House and Senate oppose both a long-term CR and the inclusion of the SAVE Act, the slim Republican majority will need to pass this CR on its own. Republican leadership is whipping the bill in planning for a floor vote as soon as Wednesday. The path looks difficult with several Republicans indicating they oppose the CR.  If, however, the CR passes the House, the Senate is likely to respond by passing a clean CR that runs until December. Although a government shutdown remains unlikely, as leaders in both parties want to avoid such a scenario, the House and Senate will need to work through a bipartisan and bicameral compromise.   

This week is also “China Week” in the House, with floor votes on a variety of proposals related to strategic competition with China (see below for the full list). The Rules Committee made in order for  consideration the End Chinese Dominance of Electric Vehicles in America Act (H.R.7980/Report 118-550), Protecting American Agriculture from Foreign Adversaries Act (H.R.9456), No WHO Pandemic Preparedness Treaty Without Senate Approval Act (H.R.1425/Report 118-643), DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act (H.R.1516/Report 118-319), and Protect America’s Innovation and Economic Security from CCP Act (H.R.1398/Report 118-641), while nearly three dozen China-related bills will be considered under a suspension of the rules that requires a two-thirds majority.  

After the Senate reconvenes this afternoon, a swearing-in ceremony will be held at 5PM for Senator-designee George Helmy of New Jersey, who was selected last month to fill the seat resigned by Bob Menendez through the elections, restoring Democrats’ 51-49 majority. The Senate’s first vote, at 5:30PM, is on the cloture motion for judicial nominee Adam Abelson (District of Maryland), with cloture having also been filed before the recess on Jeannette Vargas (Southern District of New York).

Senate Majority Leader Chuck Schumer, in a “Dear Colleague” letter, pointed to “confirming the Biden-Harris administration’s well-qualified judges and nominees” and passing a CR to “avoid a pointless and painful government shutdown” without letting “poison pills or Republican extremism put funding for critical programs at risk” as the central priorities for the coming weeks. Schumer also referenced several “opportunities for bipartisan cooperation” in the “remaining months of this Congress,” including the National Defense Authorization Act, “rail safety,” “lowering the cost of insulin and prescription drugs,” and artificial intelligence.  

Congressional Agenda 

China Week: The House is planning to take up the following China-related measures, with Majority Leader Steve Scalise recently telling Fox News, “We wanted to combine them all into one week so that you had a real sharp focus on the fact that we need to be aggressive in confronting the threat that China poses.”

Legislation that will be considered today by the Rules Committee:

• End Chinese Dominance of Electric Vehicles in America Act (H.R.7980/Report 118-550) – led by Rep. Carol Miller (R-WV) and reported out of the Ways and Means Committee (22-18) – would tighten eligibility for the Inflation Reduction Act’s clean vehicle tax credit by excluding vehicles containing batteries or components sourced from China and other prohibited foreign entities.
• Protecting American Agriculture from Foreign Adversaries Act (H.R.9456) – recently introduced by Rep. Dan Newhouse (R-WA) and under the jurisdiction of the Foreign Affairs, Energy and Commerce, and Financial Services Committees – would add the Agriculture Secretary to the Committee on Foreign Investment in the U.S. for transactions involving agricultural land, biotechnology, and industry, and require notification of transactions subject to the Agricultural Foreign Investment Disclosure Act that may pose national security risks.
• No WHO Pandemic Preparedness Treaty Without Senate Approval Act (H.R.1425/Report 118-643) – led by Rep. Tom Tiffany (R-WI) and reported out of the Foreign Affairs Committee (24-23) – would establish that any pandemic-related agreement negotiated under the auspices of the World Health Organization’s intergovernmental body constitutes a treaty requiring ratification by a two-thirds majority of the Senate.
• DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act (H.R.1516/Report 118-319) – led by Rep. August Pfluger (R-TX) and reported out of the Homeland Security Committee (16-12) – would prohibit the Department of Homeland Security from providing funding to any institution of higher education that has relationships with Confucius Institutes or entities of concerns linked to the Chinese Communist Party, China’s Military-Civil Fusion programs, and the government’s Ministry of State Security and Ministry of Science and Technology.
• Protect America’s Innovation and Economic Security from CCP Act (H.R.1398/Report 118-641) – led by Rep. Lance Gooden (R-TX) reported out of the Judiciary Committee (15-8) – would reinstate the Trump-era Justice Department’s “China Initiative” as the “CCP Initiative,” with a mandate to counter nation-state threats, curb spying, and prioritize trade secret theft, hacking, and economic espionage prosecutions and the protection of critical infrastructure. 

Legislation that will be considered under a suspension of the rules:

• Taiwan Conflict Deterrence Act (H.R.554/Report 118-292) – led by House Financial Services Committee Vice Chair French Hill (R-AR) and reported out of the Committee (41-0) – would require the Treasury Secretary to respond to congressional notification of China’s threat to Taiwan under the Taiwan Relations Act by reporting to Congress on the financial institutions providing services to senior Chinese government officials and prohibiting U.S. financial institutions from engaging in transactions with named officials and immediate family.
• Chinese Currency Accountability Act (H.R.510/Report 118-294) – led by Rep. Warren Davidson (R-OH) and reported out of the Financial Services Committee (40-0) – would require the U.S. to oppose any increase in the weight of Chinese currency in the basket of currencies used to determine the value of Special Drawing Rights at the International Monetary Fund unless Treasury has certified China’s compliance with respect to IMF obligations and currency manipulation.
• To amend the Research and Development, Competition, and Innovation Act to clarify the definition of foreign country for purposes of malign foreign talent recruitment restriction, and for other purposes (H.R.7686) – led by Rep. Mike Garcia (R-CA) and reported out of the Science, Space, and Technology Committee (38-0) – would amend the definition of “malign foreign talent recruitment programs” in the CHIPS and Science Act.
• BIOSECURE Act (H.R.8333) – led by Rep. Brad Wenstrup (R-OH) and reported out of the Oversight and Accountability Committee (40-1) – would prohibit federal agencies from awarding contracts, grants, or loans to biotechnology companies owned by foreign adversaries. The prohibition would apply immediately to five companies (BGI Group, MGI, Complete Genomics, WuXi AppTec, and WuXI Biologics), with the legislation establishing a process for developing, reviewing, and modifying the list of prohibited companies.
• Countering CCP Drones Act (H.R.2864/Report 118-491) – led by House Republican Conference Chair Elise Stefanik (R-NY) and reported out of the Energy and Commerce Committee (43-0) – would add surveillance equipment or services provided by DJI Technologies to the Federal Communications Commission’s list of equipment and services determined to pose an unacceptable risk to national security. 
• Removing Our Unsecure Technologies to Ensure Reliability and Security (ROUTERS) Act (H.R.7589/Report 118-505) – led by House Energy and Commerce Subcommittee on Communications and Technology Chair Bob Latta (R-OH) and reported out of the Energy and Commerce Committee (43-0) – would require the Commerce Department’s National Telecommunications and Information Administration to conduct a study and report to Congress on the national security risks of consumer routers, modems, and related devices subject to China’s influence.
• Foreign Adversary Communications Transparency Act (H.R.820/Report 118-489) – led by House Republican Conference Chair Elise Stefanik (R-NY) and reported out of the Energy and Commerce Committee (44-0) – would require the Federal Communications Commission to publish an annual list of entities that hold an FCC license or authorization and have ties to the governments of China, Cuba, Iran, North Korea, Russia, or Venezuela, including organizations subject to the jurisdictions of those governments.
• Future Uses of Technology Upholding Reliable and Enhanced (FUTURE) Networks Act (H.R.1513/Report 118-506) – led by House Energy and Commerce Subcommittee on Communications and Technology Ranking Member Doris Matsui (D-CA) and reported out of the Energy and Commerce Committee (44-0) – would require the Federal Communications Commission to establish the 6G Task Force to report on the status of industry-led standards-setting bodies and possible uses of the technology.
• Decoupling form Foreign Adversarial Battery Dependence Act (H.R.8631) – led by Rep. Carlos Giménez (R-FL) and reported out of the Homeland Security Committee by voice vote – would prohibit the Department of Homeland Security from procuring batteries from certain Chinese companies (CATL, BYD, Envision, EVE Energy Company, Gotion, and Hithium) and listed entities (e.g., entities on the Uyghur Forced Labor Prevention Act List). 
• Port Crane Security and Inspection Act (H.R.3169) – led by Rep. Carlos Giménez (R-FL) and pending before the Homeland Security Committee – would require inspection and risk assessment protocols for foreign cranes procured for use at U.S. ports and a prohibition against cranes and software from certain foreign adversaries.
• Science and Technology Agreement Enhanced Congressional Notification Act (H.R.5245) – led by Rep. Andy Barr (R-KY) and reported out of the Foreign Affairs Committee (50-0) – would establish congressional notification requirements as a condition for entering into, renewing, or extending a science and technology agreement with the Chinese government.
• Hong Kong Economic and Trade Office Certification Act (H.R.1103) – led by Rep. Chris Smith (R-NJ) and reported out of the Foreign Affairs Committee (39-0) – would require the President to periodically evaluate and certify to Congress whether to allow the Hong Kong Economic and Trade Offices to continue operations in the U.S.
• Economic Espionage Prevention Act (H.R.8361) – led by Rep. Richard McCormick (R-GA) and reported out of the Foreign Affairs Committee by voice vote – would authorize sanctions against foreign adversary entities that engage in trade secrets or intellectual property theft, provide material support or services to the defense and intelligence sectors of foreign adversaries, or violate U.S. export control laws.
• Countering the PRC Malign Influence Fund Authorization Act (H.R.1157) – led by Rep. Andy Barr (R-KY) and reported out of the Foreign Affairs Committee by voice vote – would authorize $325 million annually through FY2027 to counter the Chinese Communist Party and government’s malign influence.
• Sanctions Lists Harmonization Act (H.R.5613) – led by Rep. Michael Waltz (R-FL) and reported out of the Foreign Affairs Committee (43-0) – would establish a notification and administrative review process to align the sanctions and export controls lists managed by Treasury, Defense, and State, as well as congressional notification requirements for non-listing determinations.
• Remote Access Security Act (H.R.8152) – led by Rep. Mike Lawler (R-NY) and reported out of the Foreign Affairs Committee by voice vote – would authorize the Commerce Department’s Bureau of Industry and Security to issue licenses for exports of technology like cloud computing services that could be accessed remotely over a network connection between U.S. and foreign entities.
• No Russian Tunnel to Crimea Act (H.R.7701) – led by House Foreign Affairs Committee Ranking Member Gregory Meeks (D-NY) and reported out of the Committee (49-1) – would authorize sanctions for knowingly participating in the construction, maintenance, or repair of tunnels or bridges connecting Russia’s mainland with the Crimean peninsula.
• Export Control Enforcement and Enhancement Act (H.R.7151) – led by House Foreign Affairs Committee Vice Chair Ann Wagner (R-MO) and reported out of the Committee by voice vote – would provide for expedited consideration of proposals for additions, removals, and other modifications with respect to the Entity List.
• To amend the Export Control Reform Act of 2018 relating to the statement of policy (H.R.6606) – led by Del. Amata Coleman Radewagen (R-American Samoa) and reported out of the Foreign Affairs Committee (43-0) – would clarify U.S. policy on trade secrets protections.
• Recognizing the importance of trilateral cooperation among the United States, Japan, and South Korea (H.Res.1056) – led by Rep. Gerry Connolly (D-VA) and reported out of the Foreign Affairs Committee by voice vote – is a resolution that would welcome greater strategic coordination and recognize the importance of the U.S.’s treaty alliances.
• Securing Global Telecommunications Act (H.R.4741) – led by Rep. Kathy Manning (D-NC) and reported out of the Foreign Affairs Committee by voice vote – would require the State Department to develop and submit a strategy to Congress for promoting the use of secure telecommunication infrastructure in other countries, which must address efforts by China and Russia at telecommunications standards-setting and regulatory bodies.
• Pacific Partnership Act (H.R.7159) – led by Rep. Ed Case (D-HI) and reported out of the Foreign Affairs Committee by voice vote – would require the President to develop and submit a strategy for engagement in the Pacific Islands region, including an assessment of threats and pressures and mechanisms for coordinating and cooperating on shared goals.
• Maintaining American Superiority by Improving Export Control Transparency Act (H.R.6614) – led by Rep. Ronny Jackson (R-TX) and reported out of the Foreign Affairs Committee (43-0) – would require the Commerce Department to submit quarterly reports to Congress on license applications, enforcement actions, and other requests related to items subject to the Export Control Reform Act.

Biden Administration

• Today, the President will welcome the University of South Carolina Gamecocks Women’s Basketball Team followed by the University of Connecticut Huskies Men’s Basketball Team to the White House to celebrate their 2023-2024 NCAA championship seasons before traveling to New York.
• This evening, the Vice President and former President Trump will participate in an ABC News-hosted presidential debate in Philadelphia, Pennsylvania.
• On Wednesday, the President and Vice President will participate in a 9/11 commemoration ceremony at Ground Zero in the morning, a Flight 93 wreath laying ceremony in Shanksville, Pennsylvania, and a wreath laying ceremony at the Pentagon in Arlington, Virginia.
• On Thursday evening, the President will deliver remarks on the 30th anniversary of the Violence Against Women Act.
• On Friday, the President will deliver remarks at a brunch in celebration of Black Excellence and host a bilateral meeting with Prime Minister Keir Starmer of the United Kingdom.
• On Saturday, the President and Vice President will deliver remarks at the 2024 Phoenix Awards Dinner.