Lame Duck Session Begins…

Congress returns this week with an extensive list of items to consider between now and the end of the year. These items include:

• Government Funding: Congress must fund the federal government past December 20th.  In September, after the House passed the last continuing resolution (CR) to extend funding through that date, Speaker Mike Johnson (R-LA) promised that he will not allow enactment of an omnibus spending bill in Lame Duck, but he could face a lot of pressure from Republican appropriators and defense hawks to do just that.  Democrats are not likely to supply votes to move a Republican spending measure, so the GOP will have to figure out a path forward on its own.
• National Defense Authorization Act (NDAA): Congress must pass the NDAA before the end of the year.  Congressional leaders are pushing to attach a slate of China-related bills and artificial intelligence (AI) measures, including bills that target Chinese biotech firms, drone-makers, and Chinese trade practices.  Measures under consideration generally have bipartisan support, but the House and Senate have differed in their approaches to the issue, particularly with respect to a bill included in the Senate-passed version of the NDAA that would restrict outbound U.S. investment in China’s high tech industry sector.  Democrats could try to use the NDAA to pass some additional legislative priorities in the remaining days of their Senate majority.
• Disaster Relief: The continuing resolution (CR) enacted in September included a provision that allows the FEMA disaster relief fund to spend at a faster rate to respond to disasters immediately.  The need for supplemental funding for disaster aid was not addressed and has been exacerbated since by the damage caused by Hurricanes Helene and Milton.
• Farm Bill: The Farm Bill, which sets food and farm policy for a five-year period, expired on September 30th.  Congress likely will pass a short-term extension of that measure to continue funding key agricultural programs past the end of the year.
• Judicial Confirmations: Having lost the majority in the Senate, Democrats in that chamber are expected to embark on a mad dash to approve as many of President Biden’s judicial nominees as possible before the end of the year.  Among other pending nominations, Senate Majority Leader Chuck Schumer (D-NY) teed up a mid-November vote on Cathy Fung’s nomination to the Tax Court (she lacked the unanimous support necessary to be confirmed with other Tax Court nominees in September).
• Other Legislation: It is possible that Congress could take up some additional, arguably less urgent bills in the coming weeks.  Some departing members of Congress will make a strong push for enactment of legacy bills.  This list includes rail safety legislation sponsored Sens. Sherrod Brown (D-OH), who lost his reelection, and Sen. J.D. Vance (R-OH); a permitting reform bill sponsored by retiring Sen. Joe Manchin (D-WV); a bill that would overhaul regulation of crypto trading sponsored by retiring Rep. Patrick McHenry (R-NC); a bill to improve data privacy/kids online safety sponsored by retiring Rep. Cathy McMorris Rodgers (R-WA); and cannabis banking legislation sponsored by Sen. Brown and retiring Rep. Earl Blumenauer (D-OR).  Finally, Congress also might take up the Water Resources Development Act.  It is unlikely that Congress will revisit the House-passed tax bill in Lame Duck, since Republicans will have a better negotiating position on tax issues in the next Congress.