State of Play: Five Things We Are Tracking

State of Play: Five Things We Are Tracking 


As Congress limps into the July 4th recess, it appears that the legislative agenda will remain in gridlock. The ongoing disagreements will ultimately define the remainder of the summer and fall calendar. 


SAVE America Act rebellion is freezing the House floor. 

A group of House conservatives have twice blocked procedural rules this week, demanding that leadership force action on the SAVE America Act. The faction has stalled many must-pass items and sent members home early for the second week in a row. Speaker Johnson needs near-unanimous GOP support to move anything with such a razor-thin majority.


FY27 NDAA a victim of House Gridlock. 

The House Armed Services Committee has released a $1.15 trillion topline NDAA, with Chairman Rogers framing it around industrial base revitalization and getting to the administration's defense spending target. As of this week, the bill is caught in the SAVE America Act crossfire, with Rep. Anna Paulina Luna's push to attach the voter ID measure via amendment threatening to sink it in the Senate, where it needs Democratic votes to clear a filibuster.


FY27 appropriations are inching forward. 

The House has passed two FY27 spending bills (MilCon-VA and Agriculture-FDA) and was set to take up the State Foreign Operations bill this week before the SAVE Act revolt punted it again. With the Senate in recess for two weeks, and the end of the fiscal year fast approaching, the path to a full-year deal versus another continuing resolution remains in question.


Surface transportation reauthorization is racing against a September 30 deadline. 

With the IIJA's five-year authorization set to expire on September 30, the House T&I Committee advanced the bipartisan $580 billion BUILD America 250 Act (H.R. 8870) out of committee with a bipartisan 62-2 vote in May championed by Chairman Graves and Ranking Member Larsen. Floor time has not yet been announced, but committee leadership is hopeful it will be secured before the August recess. The Senate hasn't released its proposal yet, but early signals suggest strong continuity with the House version, with a streamlined return to the legislation’s original core functions. The urgency to move is driven by a very real funding problem: the Highway Trust Fund is projected to run dry by 2028, the House bill addresses this with a new EV and hybrid fees. 


Senate Appropriations markups keep getting delayed. 

Movement is expected once the Senate returns from its two-week recess. Senate Appropriations has postponed its full-committee markups of Agriculture-FDA, Commerce-Justice-Science, Legislative Branch, and MilCon-VA for the fourth time. Defense Subcommittee Chairman Mitch McConnell's hospitalization left Republicans short a vote. He is anticipated to return later this month. 


Kelly McElhaney

BSN, RN, CCRN

Senior Advisor

By Caleb Franz • September 10, 2026
The Post-Recess Congressional Outlook Congress returned from its five-week August recess and sent a bill to the President to fund the government through December 11, but the major fiscal and policy fights remain unresolved. That makes the CR a ceasefire, not a resolution — the fight over spending and policy is still ahead. The Clock The calendar is shrinking by the week. The House returned August 31, then canceled its remaining two full work weeks in September, leaving a single four-day session (September 14-17) before members leave for the campaign trail. The Senate has a bit more time, scheduled to stay in session through October 2. The September 30 fiscal-year deadline is no longer the immediate deadline because the CR extends funding through December 11. Neither chamber has the runway to finish the remaining major legislative agenda items before Election Day. The likely outcome is that decisions on government funding beyond December 11, the FY27 National Defense Authorization Act, and the fate of a third reconciliation package extend into the lame-duck session - decided by a Congress that may look different than the one sitting today. Appropriations & NDAA Appropriations and NDAA are traditional must-pass priorities. Reconciliation is optional. Appropriations remain the most immediate pressure point, and the December 11 deadline only buys time on the FY27 spending bills. All twelve have cleared the House Appropriations Committee, but only three have passed the full floor, and the Senate hasn't reported a single one out of committee. That disparity reflects the two chambers' unresolved fight over topline defense and non-defense spending levels. Absent a herculean effort by the leadership of the House and Senate Appropriations Committees, passing any of the outstanding bills across both chambers by year's end is unlikely, and another stopgap will likely be necessary. After six decades of annual enactment, the odds are in favor of Congress ultimately producing an NDAA. The House passed its version in July by a narrow margin, authorizing roughly $250 billion more in defense spending than FY26 levels. The Senate's version is still pending, stalled since a failed July cloture vote, and even once it passes, a conference committee still has to reconcile the two chambers' different versions before anything reaches the President's desk. NDAA hasn't been signed into law before December in any of the last several cycles; last year's version wasn't signed until December 18, and this year is tracking the same way. With no official Senate passed product, the two chambers will begin informal conference discussions in earnest after the Congress officially breaks for the election season. Reconciliation 3.0 Reconciliation is the one item on this list Congress does not have to touch. Republicans already used the process once this year, passing a second reconciliation bill in June that provided roughly $70 billion in funding for ICE and CBP. A third package, built around Iran war funding, agricultural aid, and provisions tied to Republicans' election-law priorities, cleared the House in July, but the Senate has not advanced it. Majority Leader Thune has said he'd rather hold the framework in reserve as leverage for the funding fight than spend it on a standalone package before the election. Its prospects are likely to depend in significant part on how the funding negotiations develop as well as the election outcome. If one or both Chambers flip, look for Republicans to revisit reconciliation efforts as a last-ditch effort to provide funding to the Administration for key priorities prior to the new Congress. What the Election Changes The election will determine how much leverage each side has during the lame-duck period. With the election on November 3 and the CR expiring December 11, the lame-duck Congress would have roughly five weeks to resolve the next round of government funding. If Republicans retain both chambers, they can continue pursuing their legislative agenda, but the incentive to complete major priorities before the new Congress takes office would still depend on the size of their margins and the remaining legislative calendar. If Democrats win either chamber, the outgoing GOP majority faces greater pressure to resolve outstanding priorities before the new Congress takes office, when the balance of power could shift. That could create a final push to lock in NDAA authorization levels and take another run at reconciliation before new members take office in January. The Bottom Line The next sixty days matter more than the usual pre-election lull suggests. The major open questions: the FY27 spending bills, NDAA authorization levels, and whether Republicans pursue a third reconciliation bill, remain unresolved. Organizations with a stake in any of these three fights have a narrower window than usual to get specific asks attached before that happens, and that window closes well before Congress reconvenes in January.
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