With only days remaining before the country goes to the polls for the midterm elections much is at stake and it's unclear how the outcome will impact funding for infrastructure programs and the outlook for a variety of other construction concerns. The 2026 midterm elections on November 3 are a competition for control of Congress and what gets accomplished over the remaining two years of the Trump Administration. While the Republican party currently controls the Senate and House, the percentages are very closely divided. All 435 House seats are up for election with a 218-member count needed to hold the majority. Republicans currently hold 218 seats, with an additional independent member caucusing with the Republicans for 219 operational votes. Democrats hold 214 seats and there are 3 vacancies. In the Senate, Republicans hold a 53-47 (including two independents) advantage. There are 35 senate seats up in 2026 - including special elections in Florida and Ohio - of which 23 are held by Republicans.
The Trump administration has announced an $8 billion Harvest Fuel Relief Program offering one-time payments to farmers to help offset increased diesel prices and other input costs. The Agriculture Department is using funds from the Commodity Credit for the relief.
On October 5, 2026, President Trump signed an Executive Order titled "Emergency Tax Relief on Diesel Fuel," which temporarily permits the use of off-road, red-dyed diesel fuel in on-highway vehicles nationwide. This emergency measure is designed to combat surging fuel prices—which hit historic highs near $6.32 a gallon due to supply constraints linked to the war with Iran—by effectively bypassing the federal excise tax.
The Administration has not yet released the 65,716 supplemental H-2B visas that many land improvement employers depend on to meet workforce needs. The H-2B Workforce Coalition, in which LICA participates, is supporting an effort by Senators King (I-ME) and Rounds (R-SD) and Rep. Harris (D-MD) urging the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), to use the authority Congress provided in the current Continuing Resolution to release the maximum allowable number of additional H-2B visas for Fiscal Year 2027. These visas will allow employers to supplement their U.S. workforce to keep their businesses open and provide additional certainty for their workforce planning decisions in the coming months.
On September 25, 2026, the U.S. Department of Transportation (U.S. DOT) issued a rule finalizing revisions to its Disadvantaged Business Enterprise (DBE) program. The program has been operating for the past year under the terms of an "interim final rule" put in place October 2025.
U.S. Citizenship and Immigration Services (USCIS) announced that the congressionally mandated H-2B visa cap for the first half of fiscal year (FY) 2027 has been reached as of the September 4, 2026 deadline. This date covers applicants seeking to start work before April 1, 2027. The regular semi-annual limit is 33,000 workers for this period. The second half of fiscal year 2027 (covering start dates from April 1, 2027, through September 30, 2027) will receive its own statutory allocation of 33,000 visas. Petitions for the summer season typically open for filing in early January. Based on previous years, demand is extremely high, and the regular second-half cap historically fills entirely within a few months.
On September 16, 2026, the House overwhelmingly passed the Water Resources Development Act of 2026 (WRDA) by a bipartisan vote of 415–9. In the Senate, the Environment and Public Works (EPW) Committee unanimously approved its version of the bill on July 15, 2026 and is currently awaiting full floor consideration. WRDA is a biennial bill that typically authorizes a variety of water infrastructure such as inland waterways, ports and harbors, flood protection, and other Corps of Engineers projects.
While the Senate is expected to remain in session at least through the end of this week, a full vote on the farm bill is unlikely before the upcoming recess. Although the Senate Agriculture Committee advanced the Agricultural Act of 2026 on September 16, 2026, Chairman John Boozman (R-AR) and other lawmakers like Senator Joni Ernst (R-IA) stated that there is not enough time on the calendar to put the package on the floor before breaking for the November midterm elections. There was hope that the Senate would take up the bill before the recess to expedite finalizing the legislation this year.
The Senate returned this week from its Labor Day recess with plans for three weeks of legislative activity in hopes of addressing some top priority issues before adjourning to return home for a final campaign effort prior to the November 3 midterm elections. The House adjourned this week to finalize its reelection efforts. While the Senate has a long list of unfinished business to address, one of its top priorities is to complete action on the Farm Bill. On Wednesday, the Ag Committee reported the bill out, leaving open the possibility of bringing it to the floor for a vote.
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EPA and the Army Corps of Engineers are seeking additional comment on their proposed "waters of the U.S." (WOTUS) rule by suggesting new definitions for critical terminology. The agencies proposed the new WOTUS rule in November and received more than 22,000 comments, most seeking further clarification.
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