Skip to content

Congress returns to Washington this week for its five-week lame-duck session, facing a lengthy list of unfinished legislative business and a dramatically altered political landscape following last Tuesday’s midterm elections. Democrats flipped both the House and Senate in a sweeping electoral victory, setting the stage for a major shift in congressional leadership when the 120th Congress convenes in January. Although a handful of races are still being counted, one thing is already clear: Capitol Hill will have plenty of new faces, new committee leaders, and a different legislative agenda come January.

But before the transfer of power, lawmakers must navigate approximately five weeks of remaining business under the current Republican-controlled Congress. The central question is not simply what lawmakers can accomplish during the lame-duck session, but how much unfinished business will be left for the incoming Democratic majorities.

The House considered seven measures including several proposals related to nuclear energy. The Senate voted on the motion to proceed to the legislative vehicle for a permitting overhaul measure (H.R. 2347).

The most immediate challenge is keeping the federal government funded. The current continuing resolution expires December 11, and none of the 12 annual appropriations bills for FY2027 have been enacted. Appropriators had hoped to complete the spending bills during the lame-duck session, but Democrats’ sweeping midterm victories could complicate those efforts. With Democrats preparing to assume control of both chambers in January, they are expected to push for tighter restrictions on President Trump’s spending authority, changes to defense and immigration funding, and increased investments in domestic programs.

The ongoing war with Iran and demands to restore enhanced Affordable Care Act (ACA) premium subsidies could further complicate negotiations. Given the limited time remaining and the growing political divide, another short-term continuing resolution is increasingly likely, potentially pushing major spending decisions into the next Congress.

Republicans are also considering one final budget reconciliation package before Democrats take control of Congress in January. Increasing defense spending is among the leading priorities. However, Republicans remain divided over how to pay for additional spending, and leadership could face difficulty securing the votes necessary for passage. With narrow majorities, combined with several defeated or retiring lawmakers potentially unwilling to participate in the final weeks of the session, the prospects for another reconciliation package remain uncertain.

Congress will also attempt to complete the FY2027 National Defense Authorization Act (NDAA), one of the major legislative measures that typically commands bipartisan support. Negotiations will focus on defense spending, military readiness, national security priorities, and other policy provisions before the end of the year.  Beyond government funding, reconciliation, and the NDAA, lawmakers have several other priorities competing for attention:

  • Farm Bill: Efforts to advance a new comprehensive Farm Bill, including agricultural programs, farm support, and nutrition policy.
  • Health Care: Addressing expiring health care provisions and the future of enhanced ACA premium subsidies.
  • Surface Transportation: Advancing surface transportation legislation and addressing infrastructure funding priorities.
  • Judicial Nominations: Completing outstanding judicial nominations before the current Congress adjourns.

The lame-duck session represents Congress’s final opportunity to address major legislative priorities before the transfer of congressional power in January. Republicans still control both chambers for the remainder of the 119th Congress, but the election results will undoubtedly influence negotiations and the willingness of lawmakers to reach agreements.