Both chambers are out until after the November 3 elections. Congress returns November 9 to a busy lame duck session, the stretch between the election and the start of the new Congress in January. Government funding, LIHEAP, and the farm bill are all on the table, and most of it has to be resolved by December 11.

Government Funding:

Last month Congress passed a continuing resolution extending current funding through December 11, giving lawmakers an extra 10 weeks to finish the FY 2027 appropriations bills. None of the 12 bills have been completed. The House Appropriations Committee approved its Labor-HHS bill in June with a $10 million increase for LIHEAP, but the Senate has yet to release its own version. When lawmakers return they will have roughly five weeks to pass the full-year bills, package them together, or pass yet another continuing resolution into the new year.

The process got more complicated on September 25, when the White House sent Congress $810 million in so called pocket rescissions, requests to cancel funding Congress has already approved, timed so the money expires before lawmakers can act. Senate Appropriations Chair Susan Collins (R-ME) called the move "a usurpation of Congress's appropriations powers," and it could make for tougher negotiations when appropriators sit down in November. The final LIHEAP number, any emergency supplemental, and funding for the Northeast Home Heating Oil Reserve will all be decided in that process.

EPA Reallocation Proposal:

EPA is expected to release a proposal before the end of the month on how it will handle the small refinery exemptions it granted for 2025. On August 31, the agency excused 1.76 billion Renewable Identification Numbers, or RINs, nearly double the 990 million it had projected, and said it would propose adding 100 percent of the difference back into the 2026 and 2027 obligations, up from 70 percent last time.

New York Gas Ban:

New York's All-Electric Buildings Act, which bars fossil fuel equipment in most new buildings seven stories and under, is scheduled to become effective on October 28, when the state's agreement to pause the law expires. The groups challenging the law still have a request pending for the full Second Circuit to rehear the case, and a petition to the Supreme Court could extend the pause further.

Jones Act Waiver:

The current Jones Act waiver, which allows foreign flagged vessels to move fuel between U.S. ports, expires November 15. NEFI has asked the White House to extend the waiver through the end of the year to keep product moving into the Northeast through the heating season.

Farm Bill:

The farm bill extension expired on September 30. The Senate Agriculture Committee advanced its bill on September 16 after an earlier failed vote, but it still needs 60 votes on the Senate floor and the fight over SNAP cost sharing remains unresolved. Provisions on year round E15 and small refinery exemption reform will have to wait for the lame duck.

Tanker Trailer Tariffs:

Commerce has still not made a decision on extending Section 232 tariffs to tanker trailers, which NEFI opposed in comments filed August 27. We will report on the decision when it is made.