Congress returns to Washington this week after the Thanksgiving recess to find a feast of leftover legislative items still on the table. Congress has a limited number of days remaining on the 2019 legislative calendar to tackle endofyear priorities before the looming government funding deadline on December 20. After extending funding through a shortterm continuing resolution (CR) prior to the recess week, House Appropriations Chairwoman Nita Lowey (DNY) and Senate Appropriations Chairman Richard Shelby (RAL) announced an agreement on spending allocation levels for the 12 appropriations bills, reducing the risk of a potential government shutdown later this month. These negotiations will be the top priority this month in the House and Senate.

Aside from appropriations, the House will kick off the work period this week with votes on H.R. 2534, the Insider Trading Prohibition Act, a resolution expressing support for a twostate solution to resolve the IsraeliPalestinian conflict, and the Trafficking Reduction and Criminal Enforcement (TRACED) Act to help stop robocalls. For the remainder of the work period, the House is expected to vote on H.R. 4, the Voting Rights Advancement Act, as well as H.R. 3, the Lower Drug Costs Now Act. While sticking points remain among the Democratic Caucus on H.R. 3, it is likely to pass the House, but will not be taken up by the Senate in current form. Senate Finance Committee Chairman Chuck Grassley (RIA) continues to push for his bill with Ranking Member Ron Wyden's (DOR) (the Prescription Drug Pricing Reduction Act).

While a bipartisan, bicameral drug pricing approach is unlikely to be ready for inclusion in a yearend package, action on a variety of health extenders (possibly paid for by legislation to address the issue of surprise medical billing) is likely. Discussions regarding a tax package that could be included are ongoing as well, with the Setting Every Community up for Retirement Enhancement (SECURE) Act, disaster tax provisions, tax extenders and Tax Cuts and Jobs Act (TCJA) technical corrections and extensions in the mix for those negotiations.

While yearend negotiations continue, the Senate will continue to focus floor time on nominations, beginning with the nomination of Dan Brouillette to be Secretary of Energy.

While appropriators have reached the beginnings of an agreement, there is little consensus among leaders on the Armed Services Committees related to the National Defense Authorization Act (NDAA). Negotiations have stalled over funding for President Trump's border wall, Space Force and a fierce debate on a polyfluoroalkyl substances (PFAS) provision addressing "forever chemicals." Once considered an overwhelmingly bipartisan bill, this year's NDAA has been plagued by political proposals potentially jeopardizing its passage for the first time in years.

The House may take action on the United StatesMexicoCanada Agreement (USMCA) this month, after Speaker Nancy Pelosi (DCA) announced on November 25 that a deal was "within range of a substantially improved agreement for America's workers." However, the days are limited to attempt to complete the remaining steps that must take place for a vote to happen before the holiday recess.

The ongoing impeachment inquiry in the House will serve as a backdrop this month as Congress seeks to move forward on major endofyear legislation while balancing a politically divisive process that may conclude in the House before the year's end with a vote on articles of impeachment. Impeachment action in the Senate is not expected until January.

As we head into the homestretch for the year, here is a list of the issues that may be addressed before the First Session of the 116th Congress comes to a close:

  • Fiscal Year 2020 Appropriations (12/20/19)
  • National Flood Insurance Program (12/20/19)
  • ExportImport Bank (12/20/19)
  • Health Extenders (mostly expire or need funding by 12/20/19)
  • Tax Extenders (provisions expired in 2017, 2018 and upcoming on 12/31/19)
  • Certain expiring provisions of the Tax Cuts and Jobs Act, including Craft Beverage Tax Relief (12/31/19)
  • Further delay of Affordable Care Act Taxes, including the Medical Device Tax (12/31/19)
  • Other Legislative Priorities, including:
    • National Defense Authorization Act
    • SECURE Act
    • Surprise Medical Billing Legislation
    • USMCA.

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