Congress is scheduled to return to Washington next Tuesday, facing several must-pass items. Typically, Congress would endeavor to clear the deck before the new session starts. However, these are not typical times.
In January, control of the White House and the Senate will flip to Republicans. As of Wednesday afternoon, control of the House has not been decided, as several races remain too close to call. If Republicans retain the House, giving one party across-the-board control, there could be less of an appetite to compromise on legislation during the lame duck session.
According to the current Congressional calendar, both the House and the Senate are scheduled to be in session for about 20 legislative days, before the 118th Congress adjourns, currently anticipated by December 20th. In the meantime, several legislative items require attention, most important, the FY25 government funding bills and the National Defense Authorization Act (NDAA).
While negotiations have been underway on both measures, final resolution remains uncertain as funding and contentious policy provisions are hindering progress. A sticking point in the House has been opposition by a vocal but relatively small group to omnibus deals instead of individual funding bills. If Republicans retain control in the House, there may be an effort to force another continuing resolution until early 2025, allowing them more input on budget decisions and specific policy provisions.
The Water Resources Development Act (WRDA) of 2024 remains in limbo while other pressing issues are addressed. WRDA enjoys bipartisan and bicameral support and there is reason for optimism that the final compromise legislation, being negotiated at the staff level, will be included in whatever final omnibus package emerges by the end of the year.
Permitting reform may also be a focus during the lame duck, as the Senate Energy and Natural Resources chairman and ranking member have sought to include their bipartisan Energy Permitting Reform Act of 2024 in any final omnibus measure. Their proposal would streamline environmental reviews, among other provisions. Like the funding measures, whether the election results will impact the efforts of Sens. Joe Manchin (I-WV) and John Barrasso (R-WY) remains to be seen. Hypothetically, if Republicans retain control of the House, they may see an opportunity to make more significant changes in the next Congress.
Other pending items include disaster relief funding, extension of the National Flood Insurance Program (NFIP), various tax provisions, and the looming debt ceiling deadline.
Also during the lame duck, both chambers will elect new leadership. Sens. John Cornyn (TX) and John Thune (SD) are vying for the Majority Leader, replacing longtime Republican leader Mitch McConnell (KY), with Rick Scott (FL) emerging as a late entrant. Thereafter, the jockeying for position amid the musical chairs to determine committee leadership will commence.
More on that in a blog next month.
Amy Larson
Senior Advisor
A former general counsel at the Federal Maritime Commission and president of the National Waterways Conference, Amy is an expert in federal water resources and water transportation regulations.
The views expressed here are those of the author and do not necessarily reflect the views of Dawson & Associates.
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