A number of key issues remain to be addressed by the outgoing 118th Congress. They include the need to fund the government past the December 20 dates on which current funding authority expires. The government funding issues include extension of National Flood Insurance Program (NFIP) authority and funding.
Appropriations: The outgoing 118th Congress must pass legislation to keep the U.S. government’s discretionary spending for fiscal year (FY) 2025 flowing past its December 20 expiration date. This will be a hard-fought battle as outgoing Democrats seek to protect social safety net spending and Republicans try to achieve spending reductions. Depending on some still-unknown election results (e.g., the number of GOP House members and whether they are hard-right or more middle of the road), it is possible that the outgoing 118th Congress will simply enact a continuing resolution (CR) to allow the incoming 119th Congress to address spending priorities for the rest of FY 2025. Of course, it is also possible that the 118th Congress will pass (and President Joe Biden will sign into law) legislation providing for both funding and policy changes for the balance of FY 2025. This issue will dominate in November-December.
Regulations: There are a number of Congressional Review Act (CRA) motions to block regulations awaiting lawmakers’ votes during lame duck. They include motions to block the Department of Labor (DOL) fiduciary rule, the worker classification rule, the new overtime salary threshold rule, and the Federal Trade Commission (FTC) rule that would ban virtually all non-compete agreements. Some could pass Congress in November-December, but likely none would survive a promised veto by President Biden. So, to make a blocked rule veto-proof, it is likely that supporters will have to try to include these rule blocks in the year-end appropriations bill.
Prospects: It is still not completely clear how the outgoing 118th Congress will react to the GOP victories on November 5. However, it is certain that there will be a strong push to get as many as possible priority issues included in the must-pass government funding bill.
NAIFA Staff Contacts: Diane Boyle – Senior Vice President – Government Relations, at dboyle@naifa.org; or Jayne Fitzgerald – Director – Government Relations, at jfitzgerald@naifa.org; or Michael Hedge – Senior Director – Government Relations, at mhedge@naifa.org.
