Friday, September 6, 2024

So about that rail safety bill …

An evening recap of the action on Capitol Hill and preview of the day ahead
Sep 06, 2024 View in browser
 
POLITICO Inside Congress

By Ursula Perano

Republican vice presidential nominee JD Vance looks on during the second night of the Republican National Convention.

Republican vice presidential nominee JD Vance looks on during the second night of the Republican National Convention at Fiserv Forum in Milwaukee, Wisconsin, on July 16, 2024. | Francis Chung/POLITICO

BACK ON TRACK?

Rail safety: Remember that ol’ thing? The bill meant to address concerns raised by last year’s devastating derailment along a Norfolk Southern line in East Palestine, Ohio? The one that’s been kicking around the Senate for months?

We’re hearing members from both sides of the aisle want action. Whether they’ll get it is another question.

What they’re getting instead is a standoff between Senate Majority Leader Chuck Schumer and Sen. JD Vance (R-Ohio), the lead Republican on the bill. Schumer said before the summer recess that Vance hadn’t proven there are enough votes for the bill to pass the Senate; Vance believes there are.

Schumer told reporters this on Aug. 1: “I asked JD Vance about four times just before he was [the vice presidential nominee] — to give me 10 names of Republicans, and we need a few more than 10 if we have an absence here or there, but to give me 10 names of Republicans who would vote for the bill. He couldn't.”

“It’s a good bill,” he added. “And if he can show us that there are 10 votes — now maybe that he’s [the nominee], it’s changed — we’ll get the bill done.”

Vance spokesperson Parker Magid told us this on Wednesday: “Senator Vance is confident that with sufficient attendance the votes are there for this legislation.”

Here’s the subtext: Vance’s newly exalted status as Republican vice presidential nominee is a tricky factor. A win for Vance is a de facto a win for the Trump ticket. But it would also be a win for Democrats — and especially for Sen. Sherrod Brown (D-Ohio), the lead Democrat on the bill, and one of the Senate’s two most vulnerable incumbents.

Brown has maintained that he wants a floor vote on the bill as soon as possible. While it’s possible the legislation could move in the three-week session starting Monday, that floor time is almost certain to be eaten up by government funding negotiations, leaving the post-election lame duck session as a more likely option.

Senate Majority Whip Dick Durbin told Inside Congress he supports the bill and that “why it’s been held up to this point, I can’t even explain to you.” But asked if the political ramifications of Vance being on the bill complicates its path to passage, Durbin said “it could.”

“But I don’t want to misspeak here,” he added. “I don’t know exactly why it was held up before.”

On the flip side, Vance’s position on the national ticket could compel more Republicans to support it. Several in the party have previously voiced concerns over regulations the bill would enact, but one Republican aide told us they believe it is gaining momentum in GOP offices.

If so, it’s not yet publicly evident: We whipped every Senate Republican who’s not already cosponsoring the bill on Friday, and no additional supporters came forward.

— Ursula Perano

GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Friday, Sept. 5. As we wave goodbye to August recess, we hope everyone feels tanned, rested and ready for next week’s big return!

SEPTEMBER SUMMARY

Yoohoo! We got a rundown of the House GOP’s agenda for September. Here are some key highlights:

Next week: House leaders will tee up bills that largely focus on the Chinese government and its ties to various sectors. That includes a bill from Rep. August Pfluger (R-Texas) restricting “Confucius Institutes” and other Chinese “entities of concern,” as well as the Protecting American Agriculture from Foreign Adversaries Act from Rep. Dan Newhouse (R-Wash.), requiring federal review of agricultural land sales to Chinese buyers. And, as we scooped earlier today, the House will vote Wednesday on a continuing resolution that includes the controversial SAVE Act.

Week of Sept. 16: House Republicans will shift to messaging bills on border and illegal immigration, including the Violence Against Women by Illegal Aliens Act from Rep. Nancy Mace (R-S.C.) and the No Bailout for Sanctuary Cities Act from Rep. Nick LaLota (R-N.Y.). There will also be bills touching on education, including some that go after so-called “woke” policies.

Week of Sept. 23: There’s a lighter schedule on tap for the final week before the pre-election recess. Crime is a focus, with Pennsylvania Rep. Brian Fitzpatrick’s Keeping Violent Offenders Off Our Streets Act, as well as the Fix Our Forests Act from Rep. Bruce Westerman (R-Ark.). Also expect final action on a CR, if it hasn’t happened already.

Keep in mind: Schedules are fluid and usually change. Bills can be added — and definitely subtracted.

— Olivia Beavers

HOUSE GOP’S ELECTION VIBE CHECK

House Republicans started the summer increasingly confident that November’s elections would sweep their party into power in both congressional chambers and the White House. They will return to Washington on Monday to a starkly different reality: There’s growing concern in pockets of their conference about their ability to keep the House majority or win back the White House — or both.

Rep. Tony Gonzales (R-Texas) grabbed headlines this week at the Texas Tribune Festival, saying, “I firmly believe that House Republicans are going to lose the majority — and we’re going to lose it because of ourselves.”

Gonzales isn’t the only one raising concerns. Behind the scenes, Republicans are sounding the alarms about a fundraising gap with Democrats, and the party’s growing anxiety is becoming increasingly public.

It’s a shift from as recently as July, when Republicans were basking in Democrats’ post-debate existential crisis. If Biden had stayed on the ticket, one GOP lawmaker predicted that they would have had a “really good night” on Nov. 5 and picked up 12 seats. Now, the GOP lawmaker acknowledged, that’s viewed as “pretty unlikely,” pointing to prognosticators who believe Vice President Kamala Harris will win the presidential election.

It’s not just the swap out at the top of the presidential race that Republicans are blaming for their changing election fortunes. They are also frustrated by what they see as a lack of focus from Trump who — stop us if this sounds familiar — they want to see focusing on policy, not personal attacks. (Stay tuned next week, when we’ll be vibe-checking Republicans pre- and post-debate.)

“I do think if the president focuses on policy issues and her record, he would win. But you know, when you get into personal stuff, I think that works against him,” a second GOP lawmaker said. “I know that it plays well with the base, but you don't win with your base. We’ve got to win swing voters.”

But some of their GOP colleagues, while acknowledging that they hear their concerns, don’t agree with those takes. Speaker Mike Johnson, during a conference call Friday with GOP lawmakers and the Trump campaign, said he was “100 percent” convinced that Republicans would have a governing trifecta come January, including potentially getting “up to a 13-seat [House] majority on a good night.”

— Jordain Carney, with an assist from Olivia Beavers

AN ODE TO HART 216 

August recess meant an abundance of pro forma sessions, which serve as the bane of members’ recesses and salvation for quote-starved reporters.

They’re quick, maybe two minutes max. And in the Senate this recess, they were also a little weird.

That’s because they were held in an unusual location: Rather than the Senate chamber — which was getting some work done these past six weeks — the brief sessions were convened instead in Hart 216, the cavernous hearing room made famous in many Supreme Court nominee inquisitions.

The change of venue left many humble members of the Hill press corps hoofing through the tunnels (the Hart-Dirksen train was down most of the recess), and it left us constantly guessing whether the designated senator presiding would come out the front door in Hart or sneak out the back into the Dirksen Building.

This is all to say: With apologies to all the Hart stans out there, we are excited to get back to the actual chamber soon.

Across the Capitol … We would also like to give a shoutout to Rep. Larry Bucshon (R-Ind.), who chaired several House pro formas and ponied up many quotes for your Inside Congress team this recess. Bucshon, who is retiring, jokingly confirmed that leadership was in fact not blackmailing him but that he had been drafted to help since he was in town. TBD if he’ll be on hand for the October recess.

Ursula Perano, with an assist from Jordain Carney

HUDDLE HOTDISH

This is certainly one place to discuss policy.

Nature is healing in the Senate.

Dick Durbin caught up with a 105-year-old college hoops legend.

QUICK LINKS 

How Kamala Harris’s Coalition Changes the Race for Congress, from Isaac Chotiner in The New Yorker

Johnson ‘100 percent’ convinced GOP will win both chambers of Congress, White House, from Olivia

Democrats launch text message campaign in Florida Senate race to reach Latino voters, from Claudia Grisales in NPR

Trump-backed Senate candidate’s Navy Seal stories not cleared by Pentagon, from Martin Pengelly in The Guardian

Byron Donalds’ spokesperson speaks to ethics complaint against congressman, from Nicholas Karsen in WINK News

TRANSITIONS 

Send your transitions to insidecongress@politico.com and we’ll publish them here!

MONDAY IN CONGRESS

The House and Senate are BACK, baby.

MONDAY AROUND THE HILL

Nothing yet.

TRIVIA

THURSDAY’S ANSWER: Aditi Duttachowdhury was first to name fiscal 2001 as the year with the most continuing resolutions (holy moly, 21)!

TODAY’S QUESTION: Which former senator (among other prominent roles in elected government) once won the Pulitzer Prize?

The first person to correctly guess gets a mention in the next edition of Inside Congress. Send your answers to insidecongress@politico.com.

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