What to Look Out for in Lame Duck!

NETWORK Government Relations Team
November 5, 2018

The Midterm Elections are upon us — and NETWORK is busy looking ahead to the work that must be done for the rest of the year.

Members of Congress will arrive back to Washington, D.C. on Tuesday, November 13 to finish out the final legislative efforts for the 115th Congress. There are some time-sensitive issues Congress must address, as well as others that may be considered if there is time and political will. All the items on the agenda will be affected by two factors: the outcome of Tuesday’s election as well as subsequent leadership elections, especially in the House of Representatives.

With these uncertainties in mind, here is NETWORK’s analysis for upcoming issues in the final days of the 115th Congress.

Must Do: Fund the Government for 2019

Appropriations: Congress outperformed all expectations by passing 7 of the 12 appropriations bills for FY2019 before the start of the fiscal year, which began on October 1.  While kudos are in order, NETWORK is urging them to pick-up where they left off as soon as they return and it’s imperative that they finish the job before the end of the year.  Lawmakers have until December 7th to reach agreement on the 5 remaining spending bills which fund programs at more than 10 federal agencies, or risk a government shutdown.  Several of our Mend the Gap issues are among the log-jam.  These include: programs that fund the 2020 census, affordable housing and keep immigrant families together.

Border Wall

The most contentious issue will be funding for the Department of Homeland Security; which President Trump has already threatened a government shutdown if Congress fails to appropriate roughly $5 billion for his border wall.  A government shut-down would be detrimental just weeks before Christmas and would coincide with the anticipated arrival of thousands of migrants trekking toward the Southern border.  NETWORK has joined hundreds of advocacy organizations in calling for Congress freeze spending at FY 2018 levels for immigration enforcement officers, agents and detention beds.   And we urge Congress to pass a separate short-term extension for the Department of Homeland Security.  NETWORK is ready to kick our advocacy efforts into high-gear if we perceive threats around funding for our immigration and census priorities.

2020 Census

Funding for the Census Bureau, which requires a significant ramp-up for Census 2020 preparations and planning.   If Congress returns to the dysfunction we saw last year with repeated funding delays via Continuing Resolutions, it could seriously threaten the ramp-up and preparations for our government’s largest peacetime undertaking, the decennial.  Fiscal Year 2019 is the pivotal year leading up to the 2020 Census so postponing full funding would have dire consequences on the preparations and outcome of the count.  While the proposed funding levels from the Senate and the House seem acceptable, it is unclear what the budget impact would be on the impending court ruling on the controversial citizenship question.

Click here to read more about NETWORK’s FY 2019 appropriations priorities.

That being said, there are some outstanding “Maybe” issues that Congress could address: the Farm Bill, Criminal Justice, and the Low Income Housing Tax Credit.

Farm Bill: Protect SNAP

There has not been much apparent progress since the Farm Bill moved into conference in August.  One of the primary sticking points in negotiations is the nutrition title and reauthorization of the Supplemental Nutrition Assistance Program (SNAP).  The partisan House Bill—which passed by 2 votes on the second try—includes harmful provisions that would undermine the program’s effectiveness and cut nutrition assistance for millions of Americans.  The Senate bill, which saw the strongest bipartisan support of any prior Farm Bill (86-11), makes key improvements to strengthen SNAP without threatening food security of participants.  The 2014 Farm Bill expired this month but, fortunately major programs like SNAP have a funding cushion that minimizes the impact of Congress missing that deadline.  It’s highly likely, though, that the Farm Bill conference committee will kick into high gear when Congress returns on November 13th.  During Lame Duck NETWORK will need your help to ensure that the nutrition title from the Senate bill is what’s ultimately adopted and voted into law.

Criminal Justice

There is wide speculation that the Senate could join the House and take up a modest criminal justice reform package during the Lame Duck session, if 60 Senators agree to proceed.  In May, the House passed the First Step Act, a bipartisan bill purporting to be a significant step forward in prison reform.  Over the summer the President tentatively agreed to include several sentencing reform elements into a prison reform package. The Senate was split on the issue of separating prison reform from sentencing reform but has changed course given the President’s willingness to negotiate a compromise.  While NETWORK supports sentencing and prison reform as a joint legislative package we did not take an official position on the First Step Act.

Read NETWORK’s thoughts on the First Step Act, from when it passed the House, here.

Low Income Housing Tax Credit

As Congress concludes work for the year, there is a tradition that of a small group of tax bills that are bipartisan, non-controversial and relatively inexpensive get passed.  This group of tax bills is called “extenders.”  Members of the tax writing committees are now reviewing what their priorities are for any extender bill.  One of the tax initiatives under consideration is passage of “The Affordable Housing Credit Improvement Act of 2017” (S. 548) which expands the Low Income Housing Tax Credit (LIHTC) to meet the housing needs of extremely low income renter households. This credit is the primary tool to encourage private investment in affordable housing development and is responsible for 90 percent of all affordable housing developments built each year.  Since it was passed in the bipartisan Tax Reform Act of 1986, the credit has incentivized the creation of 3 million affordable rental homes around the country.  NETWORK will work with

Given the national shortage of affordable housing, NETWORK believes it is critical that new build more low income housing units. Passage of this bill will go a long way to meeting the needs of the homeless and other vulnerable low income individuals and families.

Leave a Reply

Your email address will not be published.