Analyses / Procedural Viability Check / 119 · HRES 936 Procedural Viability Check

119-HRES-936 DC Insider Procedural Viability Check

119 · HRES 936 Providing for consideration of the bill (H.R. 3898) to amend the Federal Water Pollution Control Act to make targeted reforms with respect to waters of the United States and other matters, and for other purposes; providing for consideration of the bill (H.R. 3383) to amend the Investment Company Act of 1940 with respect to the authority of closed-end companies to invest in private funds; providing for consideration of the bill (H.R. 3638) to direct the Secretary of Energy to prepare periodic assessments and submit reports on the supply chain for the generation and transmission of electricity, and for other purposes; providing for consideration of the bill (H.R. 3628) to amend the Public Utility Regulatory Policies Act of 1978 to add a standard related to State consideration of reliable generation, and for other purposes; providing for consideration of the bill (H.R. 3668) to promote interagency coordination for reviewing certain authorizations under section 3 of the Natural Gas Act, and for other purposes; providing for consideration of the bill (S. 1071) to require the Secretary of Veterans Affairs to disinter the remains of Fernando V. Cota from Fort Sam Houston National Cemetery, Texas, and for other purposes; and for other purposes.

account_balance Congress
This resolution provides for the consideration of the bill (H.R. 3898) to amend the Federal Water Pollution Control Act to make targeted reforms with respect to waters of the United States and other...
Procedural read

House GOP is teeing up six measures under H. Res. 936, but only the NDAA vehicle (S. 1071 with Rules Print 119-16) is truly must-pass; everything else runs into a 60-vote Senate, tight December floor space, and limited rider opportunities before the Jan. 30 CR deadline. [1]Congress.gov — House Rules Committee meeting notice (Dec. 9, 2025) for H.R. 389…[2]House Rules Committee — Rules Committee Print 119-16 — FY26 NDAA text[3]Wikipedia — 119th United States Congress — party control and overview[4]U.S. Senate (Thune Office) — Thune Delivers First Remarks as Senate Majority Le…[5]Senate Appropriations (Majority) — Continuing Resolution to Reopen Government,…

2/5
H.R. 3898 — PERMIT Act
4/5
H.R. 3383 — Closed‑end funds/private funds
4/5
H.R. 3638 — Electric Supply Chain Act
3/5
H.R. 3628 — PURPA reliability standard
Published
10 Dec 2025
Updated
10 Dec 2025
Tags
procedural-viability · 119th-congress · rules-resolution
Unvetted
01 · Section

Context: Power, procedure, and the calendar

- Unified Republican control: GOP holds the House, the Senate, and the White House in the 119th Congress. The Senate will keep the filibuster under Majority Leader John Thune, so 60 votes remain the operative threshold for stand‑alone authorizing bills. [3]Wikipedia — 119th United States Congress — party control and overview[4]U.S. Senate (Thune Office) — Thune Delivers First Remarks as Senate Majority Le… - Floor timing: The Rules Committee noticed and met on Dec. 9 to queue H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628 (structured); H.R. 3668 and S. 1071 (closed). Year‑end floor space is dominated by NDAA and funding, with government extended only to Jan. 30, 2026 via a CR. [1]Congress.gov — House Rules Committee meeting notice (Dec. 9, 2025) for H.R. 389…[5]Senate Appropriations (Majority) — Continuing Resolution to Reopen Government,… - Vehicle reality: The House is using S. 1071 as a shell for Rules Committee Print 119‑16 (the FY26 NDAA text) — a classic must‑pass vehicle. [2]House Rules Committee — Rules Committee Print 119-16 — FY26 NDAA text[6]Wikipedia — NDAA for FY 2026 — legislative status summary

02 · Section

H.R. 3898 — PERMIT Act (Clean Water Act/WOTUS changes) — Score: 2/5

Bottom line: Likely passes the House under the rule but stalls in the Senate absent a rider trade; EPW Chair Capito is friendly, but finding seven+ Senate Democrats for a WOTUS rewrite is a reach. [7]Congress.gov — H.R. 3898 — PERMIT Act (All Info)[8]Senate EPW Committee (Majority) — Capito to Serve as Chairman of Senate EPW

  • Chamber of Origin: House; reported by T&I and on the Union Calendar. No clear Senate companion in hand. [7]Congress.gov — H.R. 3898 — PERMIT Act (All Info)
  • Vehicle Type: Stand‑alone authorizing bill — not must‑pass on its own. [7]Congress.gov — H.R. 3898 — PERMIT Act (All Info)
  • Senate Threshold: Needs 60; filibuster preserved. GOP has 53 — you still need cross‑party buy‑in. [3]Wikipedia — 119th United States Congress — party control and overview[4]U.S. Senate (Thune Office) — Thune Delivers First Remarks as Senate Majority Le…
  • Committee Path: Friendly in House T&I; Senate EPW Chair Shelley Moore Capito is supportive ideologically, but Ranking Democrats (Whitehouse) are dug in. Net: high committee friction on the Senate side. [8]Senate EPW Committee (Majority) — Capito to Serve as Chairman of Senate EPW
  • Must‑Pass Potential: Could be offered as an Interior‑Environment rider, but year‑end riders are constrained and often stripped in negotiations. Calendar pressure works against it. [5]Senate Appropriations (Majority) — Continuing Resolution to Reopen Government,…
  • Budget Scorekeeping: No CBO score posted; regulatory scope bill — low direct budget effect. [7]Congress.gov — H.R. 3898 — PERMIT Act (All Info)
  • Calendar Math: Rule teed up; House floor doable this week. Senate floor time is largely NDAA/funding. [1]Congress.gov — House Rules Committee meeting notice (Dec. 9, 2025) for H.R. 389…[6]Wikipedia — NDAA for FY 2026 — legislative status summary
03 · Section

H.R. 3383 — Increasing Investor Opportunities Act (closed‑end funds/private funds) — Score: 4/5

Bottom line: Bipartisan House product with modest policy change; clean path through Senate Banking (Chair Tim Scott) is plausible either stand‑alone on the hotline or as part of a small capital‑formation bundle. [9]Congress.gov — H.R. 3383 — Increasing Investor Opportunities Act (Overview)[10]GovInfo (GPO) — House Report 119-169 on H.R. 3383[11]Senate Banking Committee (Majority) — Senate Banking Chair Tim Scott outlines 1…

  • Chamber of Origin: House; bipartisan sponsors (Wagner, Meeks, Torres, Scott), reported and on the calendar — signals real cross‑party interest. [12]Web search · turn 9 #3
  • Vehicle Type: Narrow authorizing tweak; can move stand‑alone or be tucked into a financial sector package. [9]Congress.gov — H.R. 3383 — Increasing Investor Opportunities Act (Overview)
  • Senate Threshold: Needs 60; subject matter is non‑culture‑war and aligns with Banking Chair Scott’s stated agenda — increases odds of Democratic pickups. [11]Senate Banking Committee (Majority) — Senate Banking Chair Tim Scott outlines 1…
  • Committee Path: House Financial Services already did the work; Senate Banking is ideologically open to capital‑formation items this Congress. [10]GovInfo (GPO) — House Report 119-169 on H.R. 3383[11]Senate Banking Committee (Majority) — Senate Banking Chair Tim Scott outlines 1…
  • Must‑Pass Potential: Could hitch a ride on a modest year‑end or Q1 financial package if floor space tightens. [11]Senate Banking Committee (Majority) — Senate Banking Chair Tim Scott outlines 1…
  • Budget Scorekeeping: Committee report indicates no meaningful direct budget effects; CBO not flagged as an issue. [10]GovInfo (GPO) — House Report 119-169 on H.R. 3383
  • Calendar Math: Rule provides floor time now; if it slips, it can be revived quickly in the second session. [1]Congress.gov — House Rules Committee meeting notice (Dec. 9, 2025) for H.R. 389…
04 · Section

H.R. 3638 — Electric Supply Chain Act (DOE assessments/reporting) — Score: 4/5

Bottom line: Low‑cost oversight mandate with Energy & Commerce buy‑in; Senate ENR (Chair Mike Lee) can move this with limited friction. High viability. [13]Congress.gov — H.R. 3638 — Electric Supply Chain Act (All Info)[14]Senate Energy & Natural Resources Committee — ENR leadership: Heinrich, Lee ann…

  • Chamber of Origin: House; reported and placed on the Union Calendar after E&C markup. [13]Congress.gov — H.R. 3638 — Electric Supply Chain Act (All Info)
  • Vehicle Type: Narrow authorization/oversight; easy to attach to an energy mini‑package if needed. [13]Congress.gov — H.R. 3638 — Electric Supply Chain Act (All Info)
  • Senate Threshold: Needs 60 but content is non‑controversial; ENR Chair Lee’s posture favors moving energy‑process bills. [14]Senate Energy & Natural Resources Committee — ENR leadership: Heinrich, Lee ann…
  • Committee Path: Smooth in E&C; parallel Senate committee is aligned on energy streamlining. [13]Congress.gov — H.R. 3638 — Electric Supply Chain Act (All Info)[14]Senate Energy & Natural Resources Committee — ENR leadership: Heinrich, Lee ann…
  • Must‑Pass Potential: Could ride with grid/energy odds‑and‑ends or slip into NDAA conference sidecars if germane; otherwise, quick hotline candidate. [6]Wikipedia — NDAA for FY 2026 — legislative status summary
  • Budget Scorekeeping: No flagged costs; oversight/report directives generally score minimal. [13]Congress.gov — H.R. 3638 — Electric Supply Chain Act (All Info)
  • Calendar Math: Rule window gives it a shot before recess; if not, easy January pickup. [1]Congress.gov — House Rules Committee meeting notice (Dec. 9, 2025) for H.R. 389…
05 · Section

H.R. 3628 — State Planning for Reliability & Affordability (PURPA reliability standard) — Score: 3/5

Bottom line: Policy is more ideological (on‑site fuel/reliability standard), which stiffens Democratic resistance, but it could move as part of a negotiated reliability package. [15]Congress.gov — H.R. 3628 — State Planning for Reliability and Affordability Act…

  • Chamber of Origin: House; reported to the floor from E&C. [16]Web search · turn 2 #0[15]Congress.gov — H.R. 3628 — State Planning for Reliability and Affordability Act…
  • Vehicle Type: Stand‑alone authorizing bill; not must‑pass absent packaging. [15]Congress.gov — H.R. 3628 — State Planning for Reliability and Affordability Act…
  • Senate Threshold: Needs 60; ENR Democrats likely resist fuel‑security standards. Some cross‑party potential if paired with clean‑energy concessions. [14]Senate Energy & Natural Resources Committee — ENR leadership: Heinrich, Lee ann…
  • Committee Path: E&C majority support; Senate ENR Chair Lee is sympathetic to reliability framing, but deal space is required. [15]Congress.gov — H.R. 3628 — State Planning for Reliability and Affordability Act…[14]Senate Energy & Natural Resources Committee — ENR leadership: Heinrich, Lee ann…
  • Must‑Pass Potential: Viable as a rider only in a carefully balanced reliability/permits bundle; otherwise a tough stand‑alone. [14]Senate Energy & Natural Resources Committee — ENR leadership: Heinrich, Lee ann…
  • Budget Scorekeeping: Minimal direct budget effect; no CBO red flags to date. [15]Congress.gov — H.R. 3628 — State Planning for Reliability and Affordability Act…
  • Calendar Math: Floor slot exists; Senate time will prioritize NDAA/funding, pushing this to January unless part of a package. [1]Congress.gov — House Rules Committee meeting notice (Dec. 9, 2025) for H.R. 389…[6]Wikipedia — NDAA for FY 2026 — legislative status summary
06 · Section

H.R. 3668 — Improving Interagency Coordination for Pipeline Reviews (FERC lead/§401 shift) — Score: 2/5

Bottom line: House can pass; Senate odds are weak without trades. The bill centralizes permitting at FERC and curtails state §401 leverage — a red flag for Senate Democrats. [17]Congress.gov — H.R. 3668 — Improving Interagency Coordination for Pipeline Revi…[18]Congress.gov — House Report 119-297 on H.R. 3668 (pipeline permitting; §401 dis…

  • Chamber of Origin: House; reported from E&C, T&I discharged; on the Union Calendar. [17]Congress.gov — H.R. 3668 — Improving Interagency Coordination for Pipeline Revi…
  • Vehicle Type: Authorizing reform with federal preemption elements — inherently contentious. [18]Congress.gov — House Report 119-297 on H.R. 3668 (pipeline permitting; §401 dis…
  • Senate Threshold: Needs 60; GOP at 53 means you still need seven Democrats/Independents. Likely short without a larger energy trade. [3]Wikipedia — 119th United States Congress — party control and overview
  • Committee Path: ENR Chair Lee is philosophically aligned on permitting, but EPW/Environment Democrats will push back on §401. [14]Senate Energy & Natural Resources Committee — ENR leadership: Heinrich, Lee ann…
  • Must‑Pass Potential: Limited; a candidate for a broader permitting bargain, but not a clean rider in year‑end talks. [5]Senate Appropriations (Majority) — Continuing Resolution to Reopen Government,…
  • Budget Scorekeeping: Committee report notes no new budget authority; no CBO problem set. [18]Congress.gov — House Report 119-297 on H.R. 3668 (pipeline permitting; §401 dis…
  • Calendar Math: Rule gives a December shot; Senate bandwidth is tight until after NDAA/CR. [1]Congress.gov — House Rules Committee meeting notice (Dec. 9, 2025) for H.R. 389…[6]Wikipedia — NDAA for FY 2026 — legislative status summary
07 · Section

S. 1071 — originally VA disinterment bill, now House NDAA vehicle — Score: 5/5

Bottom line: This is the must‑pass. The House self‑executes Rules Committee Print 119‑16 (FY26 NDAA text) onto S. 1071; Armed Services will muscle it across the finish line on bipartisan votes. [19]Congress.gov — S. 1071 — Disinterment bill (status; used as vehicle)[2]House Rules Committee — Rules Committee Print 119-16 — FY26 NDAA text[20]U.S. Senate (Wicker Office) — Senator Wicker named SASC Chair (119th Congress)[6]Wikipedia — NDAA for FY 2026 — legislative status summary

  • Chamber of Origin: Senate; already passed the Senate in original form by UC — the House is swapping in NDAA text via the rule. [21]Congress.gov — S. 1071 — Engrossed Senate text (original)[2]House Rules Committee — Rules Committee Print 119-16 — FY26 NDAA text
  • Vehicle Type: NDAA — annual must‑pass. [6]Wikipedia — NDAA for FY 2026 — legislative status summary
  • Senate Threshold: NDAA routinely clears 60; bipartisan center of gravity remains strong. [6]Wikipedia — NDAA for FY 2026 — legislative status summary
  • Committee Path: HASC/SASC chairs (House: Rogers; Senate: Wicker) have the muscle and leadership cover to close. [20]U.S. Senate (Wicker Office) — Senator Wicker named SASC Chair (119th Congress)
  • Must‑Pass Potential: It is the vehicle. [2]House Rules Committee — Rules Committee Print 119-16 — FY26 NDAA text
  • Budget Scorekeeping: Authorizing bill with standard NDAA scorekeeping practices; not a PAYGO blocker. [6]Wikipedia — NDAA for FY 2026 — legislative status summary
  • Calendar Math: Timed for year‑end defense work; leadership priority in both chambers. [6]Wikipedia — NDAA for FY 2026 — legislative status summary
08 · Section

Composite viability scores (0–5)

H.R. 3898 — PERMIT Act
2/5
H.R. 3383 — Closed‑end funds/private funds
4/5
H.R. 3638 — Electric Supply Chain Act
4/5
H.R. 3628 — PURPA reliability standard
3/5
H.R. 3668 — Pipeline reviews/§401
2/5
S. 1071 — NDAA vehicle
5/5
Sources cited
  1. [1] House Rules Committee meeting notice (Dec. 9, 2025) for H.R. 3898, 3638, 3628, 3383, 3668, S. 1071 Congress.gov
  2. [2] Rules Committee Print 119-16 — FY26 NDAA text House Rules Committee
  3. [3] 119th United States Congress — party control and overview Wikipedia
  4. [4] Thune Delivers First Remarks as Senate Majority Leader U.S. Senate (Thune Office)
  5. [5] Continuing Resolution to Reopen Government, FY26 Appropriations Bills Head to President’s Desk Senate Appropriations (Majority)
  6. [6] NDAA for FY 2026 — legislative status summary Wikipedia
  7. [7] H.R. 3898 — PERMIT Act (All Info) Congress.gov
  8. [8] Capito to Serve as Chairman of Senate EPW Senate EPW Committee (Majority)
  9. [9] H.R. 3383 — Increasing Investor Opportunities Act (Overview) Congress.gov
  10. [10] House Report 119-169 on H.R. 3383 GovInfo (GPO)
  11. [11] Senate Banking Chair Tim Scott outlines 119th Congress priorities Senate Banking Committee (Majority)
  12. [12] Web search · turn 9 #3
  13. [13] H.R. 3638 — Electric Supply Chain Act (All Info) Congress.gov
  14. [14] ENR leadership: Heinrich, Lee announce subcommittee assignments (Lee as Chair) Senate Energy & Natural Resources Committee
  15. [15] H.R. 3628 — State Planning for Reliability and Affordability Act (All Info) Congress.gov
  16. [16] Web search · turn 2 #0
  17. [17] H.R. 3668 — Improving Interagency Coordination for Pipeline Reviews Act (All Info) Congress.gov
  18. [18] House Report 119-297 on H.R. 3668 (pipeline permitting; §401 discussion) Congress.gov
  19. [19] S. 1071 — Disinterment bill (status; used as vehicle) Congress.gov
  20. [20] Senator Wicker named SASC Chair (119th Congress) U.S. Senate (Wicker Office)
  21. [21] S. 1071 — Engrossed Senate text (original) Congress.gov
  22. [22] House Energy & Commerce — Chairman Brett Guthrie (119th) House Energy & Commerce Committee
  23. [23] House T&I — Chairman Sam Graves (bio) House Transportation & Infrastructure Committee

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