NWC News Alert (Oct. 31, 2024)

Happy Halloween NWC members,

Earlier this week, I had the pleasure of attending the National Association of Flood and Stormwater Management Agencies conference in Colorado Springs, where Sunny Simpkins and Susan Gilson delivered an outstanding program. Our journey back had a Halloween twist: I and several USACE colleagues missed our connection in Dallas-Fort Worth, spending the night at the airport. We kept our spirits high and finally made it back to DC this morning.

In other news, Michael Connor, the Assistant Secretary of the Army (Civil Works), is stepping down this week. His leadership will be missed.

Looking ahead, the upcoming election on Nov. 5 brings its share of uncertainty. The outcome will influence the lame-duck session starting November 12 and FY2025 appropriations, shaping the agenda for the next Congress and signaling significant changes in administration policies and personnel at the top levels.

Finally, consider joining us at NWC’s Legislative Summit, March 10-12, 2025, in Washington, DC, to explore these crucial congressional and administrative shifts. Registration opens soon—stay tuned!

As always, if you have any questions, please do not hesitate to reach out to me!

Best,

Julie Ufner, NWC

What do the elections hold? The presidential election is less than a week away on November 5, with Donald Trump facing off against Kamala Harris. Beyond the high-stakes presidential race, all 435 U.S. House of Representatives seats and 34 U.S. Senate seats are also up for grabs. Adding to the evolving dynamics, over 50 Congressional members—8 Senators and 45 House members—have announced they are not seeking reelection in 2024. According to The Cook Political Report, Democrats are currently favored in 203 House races, while Republicans are favored in 207 races, with 25 races still marked as toss-ups. This means that, regardless of which party wins control of the House, they will likely be operating under a narrow majority. In the Senate, Democrats are trying to hold onto 23 seats compared to the Republicans’ 11. Two of those Democratic seats—West Virginia and Montana—are projected to flip to the Republicans. Meanwhile, races in Michigan, Ohio, Pennsylvania, and Wisconsin are considered toss-ups. Although Democrats are eyeing opportunities to pull off upsets in states like Texas or Florida, the overall projection suggests that Republicans are likely to take the Senate. However, even if Republicans take the majority, it won’t be a large one, making it difficult to prevent filibusters since passing legislation still requires 60 votes.

Congress returns to Washington for a lame-duck session/119th Congress caucus elections on November 12. Having left D.C. in late September, lawmakers punted several critical actions until after the election. This so-called “lame duck session” refers to the period when the outgoing Congress meets following an election but before the new Congress is sworn in. It often results in a flurry of legislative activity as current members, some of whom may not be returning, try to wrap up unfinished business. This will include 119th Congress conference elections on Nov. 13 in the House and Senate. A quick reminder: the 118th Congress ends on Jan. 3, 2025, when the 119th Congressional members are sworn into office. This means that all legislative business must be completed before Jan. 3 when Congress is in session. Any bills introduced in the 118th Congress will expire and must be reintroduced in the 119th Congress. When lawmakers return later this month, they will face a full agenda, including passing FY2025 appropriations, finalizing the Water Resources Development Act of 2024, addressing disaster relief funding, reauthorizing the Farm Bill, extending the National Flood Insurance Program, and passing the defense authorization bill. The handling of these issues, especially the critical FY2025 appropriations, will likely be influenced by the outcome of the elections, shaping what is possible during the final weeks of this Congress.

FY2025 appropriations face an uncertain path forward. FY2025 appropriations face uncertainty, especially if the control of Congress remains undecided when lawmakers return on November 12. Finalizing an omnibus spending deal could be challenging, as it typically takes at least six weeks to negotiate funding allocations, policy provisions, and process the bills on the floor. House Republicans’ proposed spending levels are lower than those in the Senate, with both chambers currently $90 billion apart. The House has not included side agreements that would increase nondefense spending, while the Senate has added $34.5 billion in emergency funds to bypass budget caps. Some key leaders, such as Senate Appropriations Chair Patty Murray and House Appropriations Chair Tom Cole, have expressed a preference to complete appropriations this year. However, House Speaker Mike Johnson has advocated for a six-month stopgap, anticipating potential advantages in the next Congress. The outcome could also be influenced by the results of the presidential election, with potential shifts in strategy depending on who wins.

Water Resources Development Act of 2024. Both the House and Senate passed their versions of the Water Resources Development Act (WRDA) of 2024 earlier this year, with significant differences between the two. For a detailed comparison, please refer to NWC’s draft WRDA 2024 comparison chart (special thanks to Jon Pawlow). Staff from the Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee have been meeting regularly to work through these discrepancies. While much of the low-hanging fruit has been addressed, a few controversial issues remain unresolved. If negotiations succeed, WRDA 2024 will likely be attached to a must-pass piece of legislation before the 118th Congress adjourns.

What’s ahead for the 119th Congress? As the 119th Congress begins, one major issue will be addressing the debt ceiling, which is set to be reinstated on January 2, 2025. The Treasury can use temporary measures to prevent default, but experts predict that the “X-date”—when these measures run out—may occur in May or June. This means discussions about the debt ceiling will likely start in January, influencing many legislative debates. Given the complexity of past negotiations, expect intense discussions around spending and budget reforms as lawmakers work to prevent a financial default.

More to come next week…