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Tribune News Service
Tribune News Service
National
Steven T. Dennis

Democrats face big legislative to-do list in sprint to midterms

Senate Democrats, fresh off a string of legislative victories, return to Washington this week with a packed agenda before November’s midterm elections, including passing billions more in Ukraine and pandemic aid.

The party’s political fortunes have changed sharply amid the Supreme Court decision overturning a right to abortion, decreasing gas prices, strong job growth and the FBI’s investigation into former President Donald Trump. Congressional Democrats are seeking to further blunt what was once expected to be a major Republican wave.

Republicans, who want to capture control of both chambers, will try to bruise Democrats over inflation and tar the Democrats’ newly minted Inflation Reduction Act. Senate Minority Leader Mitch McConnell predicted last week a recession is likely and vowed the GOP would block big spending bills if they win back the House or Senate. Not to be outdone, House Minority Leader Kevin McCarthy declared the nation already in a recession, though the unemployment rate has remained near 50-year lows.

The House returns next week.

Here are some of the items on tap as Congress returns to Washington:

Stopgap Spending

The White House is seeking $11.7 billion to aid Ukraine, $22.4 billion to fight COVID-19, $4.5 billion to combat monkeypox and billions more for other items on a stopgap bill Congress must pass to keep the government running after the Sept. 30 end of the fiscal year.

While the bill will kick longer-term decisions on domestic and defense spending into the lame-duck session, the must-pass continuing resolution could also become a vehicle for other legislative priorities.

Permitting Bill

Sweeping permitting legislation from Senator Joe Manchin could get added to the stopgap bill, but it will require the backing of at least 10 Senate Republicans who are upset with the West Virginia Democrat for signing on to the larger Democratic climate, health and tax package. The bill’s fossil-fuel provisions also face resistance from some liberal House Democrats.

Democrats have said the bill, which is not yet finalized, would advance not just fossil fuel production but also renewable energy projects, including transmission lines vital to bringing energy like solar and wind from rural areas to cities.

Marriage Equality

Democrats put legislation to protect same-sex marriage rights on a fast track after Supreme Court Justice Clarence Thomas suggested the high court reconsider the decision establishing a marriage right.

The legislation has the backing of some Senate Republicans, including Susan Collins of Maine and Rob Portman of Ohio. Democrats are quietly appealing to other Republicans to get the 60 votes needed to pass in the evenly divided Senate. Language on religious liberty and conscience protections can be expected as part of the outreach to the GOP.

Polling now strongly favors marriage equality, potentially giving Democrats a wedge issue if Republicans block the measure.

FDA Legislation

Congress also must pass an extension of user fees that fund the Food and Drug Administration this month to avoid layoffs, but talks stalled between Democratic Senator Patty Murray and Republican Senator Richard Burr.

Murray wants to revamp the process for accelerating drug approvals and make other changes, with Burr suggesting he favors a more straightforward extension.

Electoral Count Act

Bipartisan legislation led by Manchin and Collins would overhaul the Electoral Count Act in hopes of preventing another effort to overturn a presidential election.

The bill, which would raise thresholds for challenging Electoral College votes and emphasize that the vice president serves only a ministerial role, already has the minimum 10 Republicans needed to overcome a filibuster, though Senate Majority Leader Chuck Schumer hasn’t committed to a timetable for votes. A House bill is expected from Democratic Representative Zoe Lofgren of California, a member of the committee investigating the Jan. 6 insurrection. Other recommendations could come from that committee when they release their next report.

Many other items are likely to get pushed to a busy lame-duck session.

Tax Cuts

Corporations are lobbying to revive, after the elections, a research and development tax break that expired last year. It’s valuable to technology, pharmaceutical and manufacturing companies with lots of R&D expenses, including Alphabet Inc.’s Google, Pfizer Inc., and Ford Motor Co.

Without it, they have to spread out the write-offs for their domestic research expenses over five years and the foreign costs over 15 years, rather than in the year the expenses were incurred.

Lawmakers are likely to also address niche tax breaks Congress has repeatedly renewed known as tax extenders, ranging from deductions for racehorses to credits for railroad maintenance. There also is a bipartisan push to expand access to tax-favored retirement accounts.

Defense Authorization

Democrats and Republicans still need to hammer out a final National Defense Authorization Act, which passes every year. The legislation sets Pentagon priorities and authorizes, among other things, troop pay raises.

Tech Bill

It’s not clear when, or if, bipartisan legislation led by Senator Amy Klobuchar of Minnesota aimed at curbing tech companies’ power will get a vote.

Klobuchar’s antitrust bill would be the most significant piece of legislation aimed at the tech giants to pass Congress after years of inaction.

Stock Trading Bans

Some lawmakers in both parties want votes on banning stock trading by members of Congress as well as other top federal officials.

Marijuana

With limited time ahead of the midterms and Democrats not united behind one plan, legislation aimed at legalizing financial services for marijuana firms and related items could see a final push later this year.

Debt Limit

While the federal debt limit isn’t likely to be reached until well into next year, Democrats have the power to raise it in a lame-duck session if they stay united. That would avoid a repeat of the 2011 debt limit showdown between a newly Republican House and then-President Barack Obama, which rattled markets and forced trillions in spending concessions from the White House.

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