Expiring Provisions and Deadlines Loom
With increasingly fewer legislative days, expiring provisions and other deadlines continue to stack up. Congress will have to decide which to extend, and which to let slip into the new year. While some reauthorizations necessitate immediate action, such as those with statutory requirements, others face self-imposed timelines with which President Trump and Congress will have to contend. Even the expiring provisions that are statutorily bound may be extended rather than reauthorized, and some may be addressed retroactively.
Last week, Congress passed a measure that provided Hurricane Harvey relief, raised the debt limit, and extended until December 8 authorization for the National Flood Insurance Program and a FY18 Continuing Resolution (CR). Interestingly, two high profile programs were not included in that package: the Federal Aviation Administration (FAA) and the Children’s Health Insurance Program (CHIP) reauthorizations. Either one of these could become the vehicle for several other extenders that face the same September 30 deadline. Though we do not anticipate that either will move individually, one or both could ride on a package that includes additional hurricane relief for the Southeast and any number of other measures. An even larger package is expected around the December 8 appropriations deadline, which could also include language to address Deferred Action for Childhood Arrivals (DACA) and Obamacare cost-sharing payments.
Since there are so many expiring provisions and other paramount issues facing looming deadlines of one kind or another, we have created a running list to keep track of the crowded legislative calendar:
Federal Aviation Administration (FAA) Authorization: September 30 Statutory
Likely will be extended, perhaps for six months, as favored by congressional Democrats and Senate Commerce Chair John Thune (R-SD)
Children’s Health Insurance Program (CHIP): September 30 Statutory
Funding scheduled to expire September 30, but only a few states (AZ, NC) are projected to run out of money by December
In part because of hurricane expenditures in TX and FL, additional state health officials are now concerned about their funding and some are prepared to respond to budget shortfalls with enrollment freezes as soon as November
Senate Finance Committee leaders agreed September 12 to a five-year extension
Expect the program to be reauthorized, as CHIP has come to be viewed as must-pass legislation that can also serve as a vehicle for other health care extenders and miscellaneous health care provisions
Medicare/Other Health Extenders: September 30 – January 1 (numerous dates) Statutory
Congress typically addresses these extenders before they lapse
Previously rode on perennial “doc fix” legislation
Expect these extenders to be reauthorized
Obamacare Repeal and Replace via Reconciliation: September 30 Parliamentarian ruling
Initially, the Trump Administration planned to repeal and replace Obamacare on “Day One,” but congressional Republicans have failed to pass legislation to date, though the White House is pressuring Congress to try again
Senate Parliamentarian ruled recently that the reconciliation order included in the FY17 budget resolution would expire with the end of FY17
It is highly unlikely that the current Cassidy-Graham measure has the votes to pass, and it may not even make it to the floor
FY18 Budget Resolution: Early October Target
Congressional Republicans plan to use the budget resolution to include a reconciliation order for tax reform
A fiscal blueprint with policy details may incite intra-party conflicts over spending priorities
Likely to happen
FY18 Appropriations: December 8 Statutory
Congress could pass an appropriations package to fund the government for the remainder of the fiscal year, or they could opt for another continuing resolution (CR)
An omnibus appropriations bill would likely become a vehicle for other measures
National Flood Insurance Program Authorization: December 8 Statutory
There are proposals from both House Financial Services and Senate Banking. Neither the House nor the Senate has cleared any legislation yet
Expect another extension
Debt Limit: Suspended until at least December 8 Statutory
With Treasury’s use of extraordinary measures, congressional action may not be required to avert default until March 2018
Congress will almost certainly have to take another vote to raise the debt limit before the 2018 elections, unless, as the president suggested, the requirement to vote on raising the debt limit is eliminated
National Defense Authorization Act (NDAA): December 31 Target
In recent years, a final version has been passed by Congress in late November or early December
Despite Armed Services Committee Chairman McCain’s health, he is currently managing the bill on the Senate floor, and, in deference to Sen. McCain, conferees may try to negotiate the final bill quickly
Expect reauthorization, as the NDAA has been signed into law for the past 55 consecutive years
Tax Reform: December 31 Target
Initially, the Trump Administration planned to finalize tax reform before the August recess, but congressional Republicans are now aiming for the end of the year
This is clearly the priority of congressional Republicans. Many believe that tax reform and cuts are suited to the party, and they need something to get points on the board
Will try to include reconciliation order in FY18 budget resolution to allow tax reform to proceed in the Senate with 51 votes
May move away from tax reform to a simple tax cut
Section 702 of Foreign Intelligence Surveillance (FISA) Act: December 31 Statutory
Unclear if congressional action will result in a straight extension of surveillance authorities, either temporary or permanent, or if reforms will be needed to garner enough votes for reauthorization
Likely to result in debate over national security vs. privacy/civil liberties
DACA: March 2018 Target
President Trump gave Congress six months from September to pass legislation to determine the future of 800,000 DREAMers covered under DACA
While the White House has said that President Trump will not insist that DACA legislation be tied to funding for a border wall, it is possible that such legislation will be paired with other border security or interior enforcement measures traditionally supported by Republicans
The DREAM Act, and/or potentially other immigration proposals, could be candidates for inclusion in a December package
Infrastructure Package: 2018 Target
Initially, the Trump Administration aimed for the end of the year
Though Transportation Secretary Chao remains committed to releasing an infrastructure plan in the fall, we anticipate that the debate will slip into next year