FCA Legislative Update (Week of 9-18-26) 

This Week in Congress

Congress returned to Washington following the Labor Day recess, but the House has already left the building, a day early and further limiting the legislative window until after the November midterm elections. The Senate is expected to remain in session through the end of the week, though its schedule could change depending on progress on pending legislation.

In the House, members considered a range of measures, including sanctions legislation involving Russia and Iran; bills addressing fraud enforcement, federal benefits fraud, and EPA emissions rules; and the Common Cents Act. Additional votes focused on electricity and grid reliability, tax administration, water infrastructure, disaster assistance, border security, employee stock ownership plans, and a War Powers Resolution related to U.S. involvement with Iran. 

The Senate focused primarily on the Digital Asset Market Clarity Act, with potential consideration of college athlete name, image, and likeness (NIL) legislation if digital asset legislation stalls. Senators also addressed reauthorization of Section 702 of the Foreign Intelligence Surveillance Act and voted on administration nominees. Given the House’s departure this week, any Senate-passed legislation requiring House action may face significant timing challenges.

 

House Small Business Committee Addresses FCA International’s Change Order Reform Legislation

Progress continues on Capitol Hill for FCA International priorities. The House Small Business Committee unanimously approved H.R. 4615, the Small Business Payment for Performance Act, a key change-order reform measure that FCA International has supported and actively advocated for during its last two legislative fly-ins

The bill would help small construction contractors manage cash-flow challenges when the federal government directs additional work after a contract award by providing interim payments while final cost adjustments are being negotiated. The legislation also protects first-tier subcontractors by ensuring appropriate payments flow through the contracting chain. 

The committee’s unanimous approval is a strong indication that Congress recognizes the importance of addressing payment and change-order issues that directly impact specialty contractors. It is also a reminder that advocacy works. 

Your engagement with lawmakers, participation in FCA International fly-ins, and continued efforts to share real-world industry challenges are helping drive meaningful legislative action. These are exciting times. Congress is taking action on issues that directly affect your business environment and your workforce. This progress demonstrates the impact of your advocacy, participation, and presence in Washington D.C.

 

Congress Buys Itself More Time

Congress has secured additional time to complete the FY 2027 appropriations process after enactment of H.R. 6500, the Continuing Appropriations Act, 2027, which extends federal funding beyond the September 30 fiscal year deadline. The House approved the measure by a bipartisan 370-48 vote, and President Trump signed it into law on September 2. 

The House has completed committee consideration of all 12 FY 2027 appropriations bills and has passed three on the floor, putting it well ahead of the Senate, which has yet to advance any appropriations bills from committee. As a result, significant work remains before Congress can negotiate and finalize full-year funding legislation. Lawmakers are also facing pressure to address the administration’s request for supplemental FY 2026 funding related to national security and military operations. 

In addition, some Senate Republicans are pushing for an FY 2027 budget resolution that could serve as the foundation for another reconciliation package. However, Senate support remains uncertain, making further action unlikely in the near term. While the continuing resolution prevents an immediate funding lapse, Congress will need to make substantial progress in the coming months to complete the FY 2027 appropriations process. If the Senate reaches agreement on a budget resolution, the House could potentially return to Washington on short notice to consider the measure and begin the reconciliation process.

 

Crypto Legislation Faces Key Senate Test as Congress Returns

Congress expected to consider major cryptocurrency legislation, with the Senate preparing to vote on the Digital Asset Market CLARITY Act (H.R. 3633) and the House Ways and Means Committee advancing separate legislation addressing the tax treatment of digital assets. 

The Senate effort gained momentum after Republicans released a revised version of the CLARITY Act that incorporates numerous Democratic priorities, including enhanced ethics rules for federal officials and additional consumer protection, stablecoin, and decentralized finance provisions. However, the measure will still need bipartisan support to overcome the Senate’s 60-vote threshold for consideration. The House previously passed H.R. 3633, which establishes a federal regulatory framework for digital assets and clarifies the responsibilities of financial regulators. 

Senate negotiations have since focused on market regulation, consumer protections, stablecoins, and ethics requirements. Separately, the House Ways and Means Committee is considering legislation to modernize digital-asset tax rules. Proposals under review would clarify the treatment of mining and staking activities, reduce reporting burdens for routine transactions, strengthen anti-abuse rules, and provide greater certainty for taxpayers as digital-asset use continues to expand. Together, these efforts represent Congress’s most significant push to date to establish a clearer regulatory and tax framework for the digital asset industry.

 

Tis the Football Season

The Protect College Sports Act Moves Forward in Senate. The bipartisan Protect College Sports Act of 2026 would establish a national framework for college athletics, creating uniform rules for name, image, and likeness (NIL) compensation, athlete transfers, eligibility, and NCAA governance. 

Supporters say the legislation will provide much-needed consistency across states and help stabilize the rapidly evolving college sports landscape. The bill also includes protections for student-athletes, such as medical coverage requirements, academic safeguards, NIL transparency measures, and transfer protections. It advanced out of the Senate Commerce, Science, and Transportation Committee on a bipartisan vote and is expected to receive further consideration in the Senate. 

While proponents view the legislation as a way to preserve competitive balance and provide clear national standards, critics argue that some provisions could limit athlete compensation and labor rights.

 

Must be Nice

It was a busy few days on Capitol Hill, as the House and Senate were back for legislative work. This was the first time both chambers have been in session at the same time since late July. The Senate returned from a five-week break, while House members worked (most of) this week and then left until after the November elections.

 

Celebrating Constitution Day: Honoring the Foundation of American Democracy

Each year on September 17, Constitution Day provides an opportunity to reflect on the principles, freedoms, and system of government established by the U.S. Constitution. Signed in Philadelphia in 1787 by 39 delegates to the Constitutional Convention, the Constitution remains the world’s longest-standing written framework of government and continues to guide our nation’s democracy. 

Constitution Day is more than a commemoration of a historic document. It is a reminder of the rights and responsibilities shared by all Americans and the importance of civic engagement in preserving our democratic institutions. The separation of powers, checks and balances, and protections for individual liberties established by the Constitution continue to shape public policy and government decision-making at every level. 

For FCA International members, Constitution Day also serves as a reminder of the value of participating in the legislative process. From meeting with elected officials during legislative fly-ins to advocating for policies that support specialty contractors and small businesses, engagement with government is one of the most effective ways to ensure that the voices of our industry are heard. As we celebrate Constitution Day, we recognize the enduring framework that allows citizens, businesses, and organizations to participate in shaping the future of our country.

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