Bipartisanship in the 118th Congress
The first three months of the 118th Congress have had a lot of moving pieces but a pace that largely lacked forward momentum, not unexpected in a divided Congress. Democrats and Republicans in the House and Senate remain split over key issues, including top-line numbers and where and how cuts might be made. Nonetheless, with the President’s Budget Request (PBR) kicking off the fiscal year 2024 (FY24) appropriations season on March 9, lawmakers must now swing into action to begin work on this year’s highest priority deals – namely the debt ceiling, FY24 appropriations, and the National Defense Authorization Act (NDAA). In addition, there are high-level must-pass expiring authorizations, including the Farm Bill, Federal Aviation Administration (FAA) reauthorization, and pandemic preparedness.
All of these “must pass” efforts could entail struggles between the two parties, as well as between Congress and the White House, but they could also create vehicles for other policy areas and encourage opportunities for bipartisanship. Despite the conventional wisdom on divided government that predicted gridlock and high-profile divisions this year, there are already a surprising number of bright spots where lawmakers are coming together to push forward legislation on a bipartisan basis. This cooperation and collaboration have been evidenced in work on several longer-term measures already gaining traction, some provisions that will need to be addressed due to their emergency status, and other issues that could still see some action. While anti-China measures are certainly a unifying characteristic of the 118 Congress, the bipartisanship encountered so far is not limited to just foreign policy and national security issues, which are most often considered to be less restrained by partisan friction. While it is certainly true that any of these could stall out, below are a sample of bipartisan proposals that could move this year.
Long-Term Measures Gaining Traction
Repealing Authorizations for Use of Military Force (AUMF)
On March 8, the Senate Foreign Relations Committee approved bipartisan legislation led by Sens. Tim Kaine (D-VA) and Todd Young (R-IN) to repeal the 1991 Gulf War and Iraq War authorizations in a 13-8 vote. If passed, the legislation would revoke a pair of AUMFs that provided U.S. Congressional approval to enter the conflicts in Iraq while also reducing the president’s unilateral authority to deploy troops. The bill’s advancement is a decisive shift from the decades-long debate. The House has its own bipartisan companion bill. While it is not clear if the legislation will be brought forward for full consideration in the House, Senate Majority Leader Chuck Schumer (D-NY) has committed to bringing it to the Senate floor for a vote during March’s work period.
No Oil Producing and Exporting Cartels (NOPEC) Act
On March 8, a bipartisan group of senators – Sens. Chuck Grassley (R-IA), Dick Durbin (D-IL), Mike Lee (R-UT), and Amy Klobuchar (D-MN) – reintroduced the NOPEC Act, which would authorize the Department of Justice (DOJ) to sue the OPEC nations for antitrust violations in the energy market, potentially adding up to billions of dollars in reparations. The legislation passed both chambers in 2007 but was vetoed by then-President George W. Bush. Several versions of the bill have continued to be introduced over the past two decades, but OPEC+’s decision to cut output caps by two million barrels a day last year has reinvigorated bipartisan interest in the bill.
Bipartisan Provisions in Response to Emergencies
Rail Safety Act
In the wake of the Norfolk Southern train derailment and environmental disaster in East Palestine in February, Sens. J.D. Vance (R-OH) and Sherrod Brown (D-OH) came together to propose rail safety legislation. The Railway Safety Act would boost safety requirements for trains carrying hazardous materials, call for more frequent inspections of rail cars, increase fines for safety violations, and allocate $27 million to examine other possible safety improvements. It would also require more frequent use of sensors that detect overheated wheel bearings. The National Transportation Safety Board (NTSB) is pursuing a 12-18-month investigation to determine the causes of the derailment and the absence of their final report has created some hesitancy among some Republicans. However, the proposed legislation continues to gain support from both sides of the aisle, including from Sens. Marco Rubio (R-FL), Josh Hawley (R-MO), and Joe Manchin (D-WV). President Biden has also endorsed the bill.
Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act
On March 7, Sens. Mark Warner (D-VA) and John Thune (R-SD) led a bipartisan group of 12 Senators to introduce the RESTRICT Act. This legislation would establish a risk-based process, tailored to the rapidly changing technology and threat environment, by directing the Department of Commerce to identify and mitigate foreign threats to information and communications technology products and services. National security concerns surrounding TikTok, which has seen a growing number of restrictions and outright bans nationwide, led to this bill. The White House has backed the RESTRICT Act. As of now, it is unclear who may sponsor companion legislation in the House. A similar bill that more aggressively targets TikTok has been introduced in the lower chamber, but there is reportedly growing interest among both Democrats and Republicans in this legislation.
Ukraine Assistance
Since Russia invaded Ukraine in February 2022, the U.S. has sent more than $30 billion in military assistance to Ukraine. The most recent security package – worth up to $400 million -- was issued via drawdown authority on March 3. Without a negotiated peace agreement in sight, Ukraine will need to keep arming itself, which requires a constant resupply from the West. The PBR includes a proposed $6 billion to support Ukraine and European allies, as well as $753 million for Ukraine to counter Russian influence. Despite some Republicans seeking additional accountability and transparency regarding U.S. assistance, support for Ukraine remains a bipartisan priority, though cracks in this unity could become increasingly apparent as the war drags on and an end to the conflict seems more distant.
Other
Privacy
Last year, Congress made bipartisan progress on privacy by advancing the American Data Privacy Protection Act (ADPPA). Though it was reported out of the House Energy and Commerce Committee on a bipartisan basis, the bill never received a vote on the House floor. In the 118th Congress, lawmakers once again have their eye on comprehensive federal privacy legislation. Even President Biden called for the adoption of a clear privacy standard in his State of the Union Address. At least three of the four leaders on the committees of jurisdiction have committed to passing privacy legislation this Congress. There is interest in algorithmic discrimination, health data privacy, and data brokers, but children’s privacy, including through measures like the Kids Online Safety Act (KOSA) and the updated Children’s Online Privacy Protection Act (COPPA), is likely to see the most activity. Meanwhile, states across the country continue to enact their own privacy laws, further complicating compliance for companies. Unsurprisingly, preemption and private right of action remain the largest concerns within delegations whose states already have privacy frameworks in place.
Drug Pricing
Government authority to negotiate lower drug prices has increasingly become a bipartisan priority for lawmakers. Last year’s Inflation Reduction Act (IRA) included provisions requiring the government to negotiate prices for some high-cost drugs covered under Medicare. These efforts have been reinvigorated as debates over the solvency of Medicare and Social Security grow. On March 8, a group of bipartisan lawmakers on the House Energy and Commerce Health Subcommittee approved legislation that would ban the use of a metric that helps determine whether drugs and medical treatments are cost effective. The legislation has received the backing of both the chair and ranking member of the full committee. The bill’s sponsors have said they are committed to getting a full committee and floor votes.
Medicare & Social Security Solvency
A bipartisan group of Senators is quietly forming a plan to improve the long-term vitality of Medicare and Social Security. The group of 12 Senators includes Sen. Chris Coons (D-DE) and Brian Schatz (D-HI) and is led by Sens. Angus King (I-ME) and Bill Cassidy (R-LA). The plan remains unfinished but reportedly could include automatic triggers that would kick in to make necessary fiscal changes to preserve Social Security. That being said, it is likely to run into hurdles as the fight over the national debt ramps up.
Mental Health & Substance Abuse
Several bills passed last Congress emphasized the growing need to address mental health and substance abuse issues, including gun safety legislation and a provision in the 2023 omnibus spending package that removed barriers to prescribing medication-assisted treatment for opioid use disorders. There’s a bipartisan effort to build on the work in this area. For example, on March 7, Sens. Martin Heinrich (D-NM), Sherrod Brown (D-OH), Susan Collins (R-ME), and Markwayne Mullin (R-OK) introduced the Increasing Mental Health Options Act, which would update the Medicare program to ensure Medicare beneficiaries can access clinical psychologists directly for mental health services. The following day, Sens. Cory Booker (D-NJ) and Rand Paul (R-KY) introduced the Breakthrough Therapies Act, which would remove regulatory hurdles that inhibit research and use access to treatments that are restricted by Schedule I of the Controlled Substances Act.