GOP loads up lame-duck agenda as House control teeters

Republican lawmakers are packing their agenda for the lame-duck session after the Nov. 6 elections, recognizing it could be their last shot for at least two years to pass legislation under unified GOP control of Congress.

Their top priorities include spending legislation, the farm bill, a package to extend expiring tax breaks, criminal justice reform, reauthorizing the Violence Against Women Act and passing the Jobs Act 3.0, which is intended to spur capital formation.

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Also high on the to-do list is a batch of executive and judicial branch nominees — including 36 federal District Court and three circuit court judges. 

Asked about the agenda for December, Senate Republican Whip John CornynJohn CornynKevin McLaughlin tapped to serve as NRSC executive director for 2020 On The Money: Trump leaves GOP in turmoil with shutdown looming | Trump names Mulvaney acting chief of staff | China agrees to 3-month freeze of auto tariffs | Dem to seek Deutsche Bank records of Trump's personal finances The Hill's Morning Report — Trump maintains his innocence amid mounting controversies MORE (Texas) said, “Nominations, more nominations.”

Many of the legislative items on the GOP agenda could be weighed down or even pushed aside by a partisan brawl over President TrumpDonald John TrumpAustralia recognizes West Jerusalem as Israeli capital, won't move embassy Mulvaney will stay on as White House budget chief Trump touts ruling against ObamaCare: ‘Mitch and Nancy’ should pass new health-care law MORE’s demand that Congress fund construction of a wall along the U.S.-Mexico border.

“There’s going to be a major fight over that and that’s going to make progress on other areas difficult,” said Rep. Tom ColeThomas (Tom) Jeffrey ColeTrump leaves GOP in turmoil with shutdown looming GOP struggles to win votes for Trump’s B wall demand Shutdown 'more than possible,' says top Senate appropriator MORE (R-Okla.), a member of the House Appropriations Committee.

Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerRetired Gen. McChrystal: Sending troops to build wall could be seen as ‘misuse of power’ ‘It’s called transparency’ works for Trump on TV, not so much on campaign finance Trump, Pelosi, Schumer: No adult in the room MORE (D-N.Y.) on Wednesday opened the door to a possible deal by saying Democrats are not opposed to strengthening the U.S. border.

“We Democrats believe in strong border security,” he said, noting that the Senate immigration reform bill backed by Democrats in 2013 included billions of dollars in border security funding. “We’re going to keep fighting for the strongest, toughest border security.”

Cole later said Schumer’s remarks could pave the way for a compromise linking border wall funding to legislation shielding immigrants who came to the country illegally as children — known as "Dreamers" — from deportation.

“The natural deal is DACA and the wall,” he said, referring to the Deferred Action for Childhood Arrivals program that Trump rescinded last year, putting young immigrants at risk of removal.

But Republicans acknowledge that getting a deal on the border wall and other contentious issues will depend on the outcome of the midterm elections.

“What kind of mood the Democrats are in, I don’t think we know,” Cole said.

Schumer on Tuesday said he would discuss Democratic priorities for the lame duck at a later date.

Senate Republican Conference Chairman John ThuneJohn Randolph ThuneHillicon Valley — Presented by AT&T — New momentum for privacy legislation | YouTube purges spam videos | Apple plans B Austin campus | Iranian hackers targeted Treasury officials | FEC to let lawmakers use campaign funds for cyber The Year Ahead: Push for privacy bill gains new momentum On The Money: Trump, Dems battle over border wall before cameras | Clash ups odds of shutdown | Senators stunned by Trump's shutdown threat | Pelosi calls wall 'a manhood thing' for Trump MORE (S.D.) said there’s strong desire among GOP lawmakers to pass a package of so-called tax extenders and to make some corrections to the $1.5 trillion tax-reform legislation Congress passed last year.

“There will be an attempt to try and get as much done as we can before the end of this calendar year,” Thune said. “We could get something done on finishing up the tax reform stuff of last year, technical corrections.”

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTrump touts ruling against ObamaCare: ‘Mitch and Nancy’ should pass new health-care law Federal judge in Texas strikes down ObamaCare Ocasio-Cortez: By Lindsey Graham's 1999 standard for Clinton, Trump should be impeached MORE (R-Ky.) on Wednesday told reporters that he would put criminal justice reform legislation on the floor in the lame-duck session if it can garner 60 votes to overcome a potential filibuster.

“Criminal justice has been much discussed,” he said. “What we’ll do after the election is take a whip count and if there are more than 60 senators who want to go forward on that bill, we’ll find time to address it.”

That legislation combines a House-passed prison reform bill, the First Step Act, with bipartisan sentencing reform provisions crafted by the Senate. It is a top priority of senior White House adviser Jared KushnerJared Corey KushnerNo reason to assume American relations with Mexico are rocky GOP lawmaker predicts Kushner will be Trump’s next chief of staff Ocasio-Cortez mocks idea Kushner could be Trump's chief of staff MORE, the president’s son-in-law.

Trump signaled he could support the criminal justice reform compromise when he met with Republican senators in early August.

McConnell has never been a big fan of the legislation, which divides his caucus, but Trump’s support is a major factor to consider.

“We’re going to try real hard to get it done,” said Senate Judiciary Committee Chairman Chuck GrassleyCharles (Chuck) Ernest GrassleyThe Year Ahead: Tough tests loom for Trump trade agenda Senate heads toward floor fight on criminal justice bill Top security officials issue stark warning of Chinese espionage efforts MORE (R-Iowa), who helped put the compromise together.

Senate Agriculture Committee Chairman Pat RobertsCharles (Pat) Patrick RobertsSenate approves massive farm bill The Hill's Morning Report — Will Trump strike a deal with Chuck and Nancy? This week: Trump, Dems set to meet amid funding fight MORE (R-Kan.) says it now looks certain that the farm bill, which has been stuck in protracted Senate and House negotiations, won’t move until after the election.

“We’re making progress, we are closing out titles,” he said.

GOP lawmakers are also pressing for action on reforms that have been under discussion for months by the Joint Select Committee on Budget and Appropriations Reform.

Sen. James LankfordJames Paul LankfordThe Year Ahead: Tech braces for new scrutiny from Washington Hillicon Valley — Presented by AT&T — Officials warn of threat from Chinese spying | China blamed for Marriott hack | Trump open to intervening in Huawei case | FCC mulls ending merger ban on 'Big Four' networks | California floats tax on texts Bipartisan supply chain bill likely punted to next Congress, McCaskill says MORE (R-Okla.), a member of the task force, said Congress needs to pass the reforms and they need to be signed by the president by the end of the year, at which time the select committee will dissolve.

Also up for consideration is legislation overhauling how Congress handles sexual harassment claims and bills designed to improve the security of U.S. elections and to slap sanctions on foreign powers that try to interfere in U.S. elections.

Senate and House negotiators have yet to reconcile measures passed by each chamber dealing with sexual harassment, and the election security measure could hinge on what, if any, meddling is seen in connection with the midterm elections.

Sen. Kirsten GillibrandKirsten Elizabeth GillibrandBiden team discussed 2020 run with O'Rourke as VP: report Senate Dems urge Trump to continue nuclear arms control negotiations after treaty suspension A sea change for sexual conduct on campus MORE (D-N.Y.), who played a prominent role in pushing the Senate to pass sexual harassment legislation earlier this year, said she would talk to McConnell about its timing after the election, adding that Speaker Paul RyanPaul Davis RyanThe Hill's 12:30 Report – Cohen says Trump knew payments were wrong | GOP in turmoil over Trump shutdown threat | Kyl to resign from Senate at year's end Trump leaves GOP in turmoil with shutdown looming Senate heads toward floor fight on criminal justice bill MORE (R-Wis.) will also be needed to help push the measure toward the finish line.

“I will speak to Sen. McConnell again because we’re just waiting on Republican leadership,” she said. “We’re waiting on both Speaker Ryan and Leader McConnell to decide to let the bills be conferenced.”

Sen. Roy BluntRoy Dean BluntDems to reframe gun violence as public health issue Senate heads toward floor fight on criminal justice bill The Year Ahead: Tech braces for new scrutiny from Washington MORE (R-Mo.), who has jurisdiction over the issue as chairman of the Senate Rules Committee, said part of the problem is that the House had been out of session in August and recently recessed again to allow lawmakers to campaign for the midterms.

“If you look back at the end of July on, there have been maybe 10 days when House and Senate members have really been here at the same time,” he said.

Blunt, who also has jurisdiction over the election security legislation, said he was uncertain of its prospects in the lame-duck session.

“I don’t know about that. We will certainly look at the election and see what happened,” he added. “I’m never very optimistic about a lame duck.”

“It will be totally dependent on what happens Election Day, the whole atmosphere,” Blunt said. 

Cornyn, the second-ranking GOP leader in the Senate, said Congress needs to reauthorize the Violence Against Women Act.

“That goes until Dec. 7, so we’ll need to address that before then,” he said.

Republican chairmen are pushing to get some of their pet priorities onto the loaded schedule.

Senate Banking Committee Chairman Mike CrapoMichael (Mike) Dean CrapoSenators offer measure naming Saudi crown prince 'responsible' for Khashoggi slaying Banking panel showcases 2020 Dems On The Money: Why the tax law failed to save the GOP majority | Grassley opts for Finance gavel, setting Graham up for Judiciary | Trump says China eager for trade deal | Facebook reeling after damning NYT report MORE (R-Idaho) said he hopes the Senate will take up the House-passed Jobs Act 3.0, which addresses capital formation.

And Thune, chairman of the Commerce, Science and Transportation Committee, said he wants McConnell to schedule time on the AV Start Act, which would set national standards for the testing and deployment of self-driving cars.

He also wants action on legislation known as the Streamline Act that would promote the rapid deployment of 5G networks.