Congress returns from its summer break this week for what looks like a legislative sprint through the month.

The House is tentatively scheduled to recess on Oct. 6, and the Senate plans to finish work by Sept. 29, which leaves approximately 17 legislative days, assuming five-day workweeks, before Congress recesses again for midterm election campaigning.

The federal fiscal year for 2007 begins on Oct. 1, but Congress has yet to send any appropriations bills to President Bush for signature. Cities should expect passage in late September of a short-term resolution to continue federal spending until Congress gathers in November for a lame duck session to complete its appropriations work.

While the appropriations process should consume much of this month, NLC expects national security to dominate the congressional legislative agenda. Senate Majority Leader Bill Frist (R-Tenn.), plans to bring to the Senate floor bills dealing with homeland security, defense matters and intelligence as part of a ?security agenda? to distinguish Republicans from Democrats before the midterm elections.

In the House, reports indicate that the House leadership will follow suit with legislation and a series of press events and news conferences.

Appropriations bills that stand a good chance of reaching President Bush before the elections are the Department of Homeland Security (DHS) Appropriations Act of 2007 (HR 5441) and the Department of Defense Appropriations Act of 2007 (HR 5631), which will give both parties ample opportunity to debate the war in Iraq and the federal response to natural disasters like Hurricane Katrina.

What this means for cities is that passage, let alone consideration, of stand-alone legislation outside appropriations and homeland security matters is doubtful.

Domestic Security
While the House has passed 10 of 11 appropriations bills, the Senate has only passed one for homeland security, which must still be reconciled before traveling to the White House.

This bill would fund key state and local homeland security and emergency management programs. In most cases, however, funding proposed by the Senate is below the recommended levels in the House version.

The Senate version also includes a provision to strengthen the Federal Emergency Management Agency?s (FEMA) authority and autonomy, but keep FEMA within DHS. This controversial provision is not in the House version. Moreover, the House Committee on Transportation and Infrastructure and Committee on Homeland Security, each with jurisdiction but opposing views, continue to struggle over how to make FEMA a more effective agency.

The Senate may also consider a port security bill, the GreenLane Maritime Cargo Security Act (S.2459), championed by Senate Homeland Security and Governmental Affairs Chair Susan Collins (R-Maine), that would authorize $5.5 billion in spending over six years and impose new port security rules. The House passed the bill, but it remains stalled in the Senate.

Immigration Reform
Immigration reform legislation, the subject of almost two dozen House field hearings around the country during the August recess, remains stalled and no closer to resolution and passage.

Despite a push for security-related issues this month, the House and Senate appear far apart on immigration reform.

Telecommunications
During the August recess, local government associations continued a grassroots lobbying campaign among Senators to oppose the Advanced Telecommunications and Opportunity Reform Act (HR 5252), formerly known as the Communications, Consumer?s Choice, and Broadband Deployment Act of 2006 (S.2686).

NLC argues that the legislation, as currently drafted and approved by the Senate Committee on Commerce, Science, and Transportation, would preempt state and local tax authority, limit broadband-video competition, undermine local cable television franchising enforcement and compliance authority, and weaken the ability of local governments to protect their residents.

While there is currently no announced date for the Senate to consider the legislation, there is an effort underway by the telecommunications industry to secure enough Senators to move for a final vote on HR 5252 as soon as possible.

Housing, Community Development
The prospect for modest funding gains in 2007 for the Community Development Block Grant (CDBG) program and NLC-priority federal housing programs remain high, but are complicated by the expectation of a lame duck session after the November elections.

Although the House passed the Transportation, Treasury, Housing and Urban Development (TTHUD), the Judiciary, the District of Columbia and Independent Agencies Appropriations Act of 2007 (HR 5576) in June, the Senate has yet to consider the bill. The House version designates $3.9 billion for CDBG grants. The Senate version, which passed the Senate Committee on Appropriations earlier this summer, designates $4.1 billion for CDBG grants.

Both House and Senate versions would fund Section 8 tenant-based vouchers at the Bush Administration?s requested level of $15.9 billion, a small increase over last year?s level of $15.8 billion. Both bills also provide $1.9 billion for the HOME Investment Partnership Program, which is a $184 million increase over last year, and $1.5 billion for Homeless Assistance Grants, a $185 million increase.

The Senate is unlikely to take up the TTHUD bill prior to the November elections because the bill does not fit the fall agenda theme of national security. More likely, Congress will fold TTHUD and any remaining spending bills into a single omnibus appropriations bill for action during a post-election lame duck session.

NLC will request that cities contact their congressional delegations after the midterm elections and urge them to protect funding appropriated to municipal priority programs because omnibus spending bills, often cobbled together quietly and with little time for review, are potentially dangerous for municipal interests.

Property Rights
The TTHUD bill also renews the Bond Amendment that preserves federal funding to municipalities that use eminent domain for a public use, including economic development projects that do not ?primarily benefit? private entities.

While there is no specific Senate bill at present, there remain signals that the Senate Committee on the Judiciary, chaired by Sen. Arlen Specter (R-Pa.), might attempt to move a bill before the midterm elections, placing some restrictions on local use of eminent domain.

Transportation
Outdoor advertising advocates, with help from Senate appropriators, successfully included language in a pending appropriations bill that would weaken the Highway Beautification Act and harm local authority.

Section 503 of the Energy and Water Development Appropriations Act of 2007 (HR 5427), would, among other provisions, permit all states to opt out of the Act?s prohibition against reconstructing certain nonconforming billboards that are ?damaged or destroyed as a result of a natural disaster.?

NLC believes that Section 503 would further erode not only the Act, but also local land use and zoning codes. NLC does not expect Congress to complete work on HR 5427 before the end of September.

NLC staff writers who contributed to this article include: Stacey Casimiro, David Parkhurst, Alexander Ponder, Mike Wallace and Leslie Wollack.