The 2024 Election’s Impact on the Lame Duck Session and the 119th Congress!

In CONSTRUCTION, Outlook & Trends
November 26, 2024
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Republicans have won the White House and control of the Congress. As of November 13, House Republicans have 218 votes, enough for a majority to the Democrats’ 208. Votes are still being counted in California, Alaska, Ohio and Oregon. In the Senate, Republicans have won 53 seats, the Pennsylvania Senate race will go to a recount. David McCormick, a Republican, narrowly leads the incumbent Bob Casey by 26,500 votes. There are more than 80,000 votes still outstanding and the results of that race will not be determined until after November 27th .

Congress has returned to Washington D.C. for the “lame duck” session with an extensive list of items to consider between now and the end of the year. These items include:

Government Funding: 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.

Finally, with the Presidency and the 119th Congress likely to be controlled by the Republican Party, it is anticipated that their proposed legislative priorities will include the following: