Congressional

Outlook: Congress Scrambles after Months of Standstill

Written by: Alyssa Coughenour
According to a June Gallup poll, the public isnt happy about the lack of action among its Washington
leaders. A depressing seven percent of Americans said they have a great deal or quite a lot of
confidence in Congress as an American institution. Along with the historically low regard, Congress is on
track to be the least productive in modern history, having only passed 142 bills into law (even fewer
than the 2011-2012 Congress which had passed 151 bills into law at the same point in session). Despite
policy makers progress on immigration reform, cyber security, and highway funding this summer, the
media seems to focus less on what Congress has achieved and more on what it hasnt. Meanwhile, the
Obama administration has continued to make good on its promise of increased regulatory action.
In May, policy makers clashed on policy issues including tax reform and energy matters while
Senate Majority Leader Harry Reid (D-Nv.) continued to rebuff Republican attempts to assert influence
on legislation. The continued debates and uncompromising Senate leader created numerous standstills
in the legislative body, making it difficult to pass many bills. At the same time, physical and cyber
security issues remained a concern and NERC formally submitted to FERC a petition for Approval of
Proposed Reliability Standard regarding physical security. APPA and LPPC supported the standard and
FERC approved it less than a month later.
Meanwhile, as promised in his State of the Union address, President Obamas year of
administrative action became even more evident when the EPA rolled out its proposed standards for
greenhouse gas (GHG) emissions. Announced not long after the Waters of the U.S. rule, the GHG rule
solidified a growing concern regarding EPAs overreaching authority. Within a week of its release, 42
Senators had sent a letter to President Obama asking him to rescind the rule and numerous
Congressmen had introduced legislation opposing the rule. Arizona Congressmen were also resistant to
the new EPA rules, and Senator Jeff Flake introduced three bills as part of a weeklong effort to highlight
federal air regulatory overreach in the state.
In the midst of the commotion over the EPA ruling, leadership in Congress saw an
unprecedented upset on June 10th when now-former House Majority Leader Eric Cantor (R- Va.) lost his
Virginia primary. Cantor had been thought to take over as Speaker after Boehner but has instead
resigned from his position. Rep. Kevin McCarthy (R.-Ca) will assume the role of Majority Leader when
the House returns from fall recess. Rep. Steve Scalise will take over as whip, likely bringing a more
conservative voice to GOP leaders decisions.
In July, the Senate approved Acting FERC Chair Cheryl LaFleur and proposed chair Norman Bay,
voting 90-7 and 52-45 respectively. Confirmation occurred only after Chairman Mary Landrieu (D-La.)
and Majority Leader Reid (D-Nv.) struck a deal with the White House that would keep LaFleur chairman
for another nine months once confirmed. The need for such a deal shows the Republicans hesitation
with Bays recent and limited experience in energy policy.
After months of bickering and with few days left in session, Congress scrambled to pass the
Highway Transportation and Funding Act and a bill granting $17 billion to improve veterans healthcare.
Dealing with the U.S.-Mexico border crisis, on the other hand, fell victim to hostility among parties and
despite an extra day in session to resolve the issue, Congress was unable to pass legislation. In response,
Speaker Boehner and other House Republican leaders said There are numerous steps the President can
and should be taking right now, without the need for congressional action. The statement prompted

criticism after House GOP members voted to sue Obama for just that- taking action without
Congressional approval. Consequently, both a defunct Congress and the Presidents climate push have
broadened the partisan gap and, as a National Journal article puts it, strengthened Democrats where
they are already strong and weakened them in states trending toward the GOP. Such a shift shows
potential for a Republican takeover of the Senate.
When Congress returns in September from its five-week recess, they will have just eight
legislative days in which they will need to decide what to do with the federally funded Export-Import
Bank and will likely have to pass a short-term budget before an Oct. 1 deadline. It is bound to be a busy
September before the pre-election recess, but SRP Federal Affairs will continue to meet with policy
makers and key organizations to ensure that SRPs concerns are heard as policies take shape.