Situational Awareness
The House and Senate are back in session this week. The House will consider its Defense and Homeland Security appropriations bills. The Senate will begin floor debate on its first package of bipartisan appropriations legislation, which includes the Senate’s Agriculture-FDA, Military Construction-VA and Transportation-HUD spending bills.
We have entered a time when the appropriations bills will dominate the focus and attention of the House and Senate in an effort to avoid a government shutdown on Oct. 1. Speaker of the House Kevin McCarthy (R–Calif.) is facing revolt from a small number in his ranks over how the funding measure process plays out. Funding for border security and the war in Ukraine seem to be the fault lines. In a reversal of the norm, it may be more difficult for the House of Representatives to complete its work on appropriations bills. Concerns about the deficit and debt continue to grow with recent reports from the Congressional Budget Office showing deficits increasing. Typically, the House and Senate agree on a short-term funding measure to provide additional time to work out the details, but that presents a scenario where the Republican Speaker must rely on Democrats to prevail, setting up a potential motion to vacate the chair and remove McCarthy. NCA will hold a webcast on Thursday to discuss the current and future state of the economy and what’s happening in Congress to avert a potential shutdown.
Department of Labor Nomination
Last week, Senate Health, Education, Labor, and Pensions Committee Ranking Member Bill Cassidy (R-La.) delivered remarks on the Senate floor calling on the Biden administration to withdraw Acting Secretary of Labor Julie Su’s nomination. Sen. Cassidy criticized the Department of Labor’s (DOL) succession statute for being in violation of the advice and consent provision of the Constitution—an argument that could serve as the basis for any legal challenge to rules finalized by the DOL under Su’s leadership.
Since then, Sen. Cassidy has introduced legislation that would set a limit of 210 days that an individual can perform the role of a cabinet-level position without Senate confirmation.
National Labor Relations Board
Gwynne Wilcox was confirmed for a second term to the National Labor Relations Board (NLRB) after Sen. Lisa Murkowski (R-Alaska) crossed the aisle to vote alongside Democrats. In exchange for her ‘Yea’ vote, Sen. Murkowski told reporters that Senate Majority Leader Chuck Schumer (D-N.Y.) would hold a floor vote once President Biden had selected a nominee to fill the current Republican vacancy on the Board.
PGA-LIV Merger
The Senate Homeland Security and Governmental Affairs Committee will hold a hearing to examine the acquisition of the PGA Tour by LIV Golf, with a primary focus on LIV’s owner, the Saudi Arabian Public Investment Fund (PIF). In August, Sen. Richard Blumenthal (D-Conn.) sent a letter to the head of PIF requesting his presence before the Subcommittee on Investigations to testify on PIF’s investments in U.S. companies. Representatives from the PGA Tour testified before the Senate Finance Committee in July following the announcement of the planned merger.
In a series of earlier letters sent to PGA Tour and LIV officials, Sen. Blumenthal asked for clarity on how any new entity would be structured and how the PGA Tour intends to preserve its tax-exempt status.
Immigration
The Senate Budget Committee will hold a hearing on Wednesday to examine the economic benefits of immigration in the U.S., which could serve as an opportunity for lawmakers to discuss provisions included in the Senate Homeland Security appropriations bill that would authorize additional H-2B visas for employers.
Clean Water Act
The White House Office of Management and Budget (OMB) has approved the EPA’s final rule to strengthen Clean Water Act Section 401 state certification requirements. Section 401 of the Clean Water Act prevents federal agencies from conducting activity that could discharge into a “water of the United States” unless the state issues a water quality certification. The rule is expected to roll back Trump-era reforms that limited state regulators’ ability to block or implement changes to projects over their water quality impacts.
September 14 Webcast: Congressional and Economic Outlook
On Thursday, September 14, at 2pm ET, Chief Economist, U.S. Chamber of Commerce Curtis Dubay and I will discuss the states of Congress and the economy as the United States’ credit rating was downgraded and another government shutdown looms. We’ll forecast what we might expect from today’s current economic conditions as well as what is happening on the Hill. Register here.
September 25 Webcast: Private Club Governance
Last month NCA and CMAA unveiled the new Private Club Governance Handbook, the definitive governance guide for the industry. On September 25 at noon ET, join the Handbook’s authors for a special chapter-by-chapter walkthrough of the landmark publication. Register for free here.