After the Election: What Comes Next?

Key Dates
November 14, 2022 (House & Senate Return for “Lame Duck” Session): 4 days
December 15, 2022 (Target Adjournment of 117th Congress): 35 days
December 16, 2022 (Continuing Resolution Expires): 36 days

In this week’s edition of News & Notes, we take a look at what we’ve learned over the past 48 hours following the 2022 Midterm Elections, and what to expect in the coming days and weeks. A lot has happened, and much is left to occur.

Here’s what you need to know:

An Updated Political Report. Yesterday, your organization should have received a copy of WSW’s 2022 Post-Election Report, where we examined the state-of-play. You can find our revised report – providing additional information as to what we know about the election – here. Topline, however, the Senate has come down to three seats: Nevada, Arizona, and Georgia. The former two are still tallying votes, while Georgia is guaranteed to head to a runoff. In the House, according to NBC News, Republicans have won 210 seats while Democrats have won 192. 33 remain uncalled. We are mostly waiting on races to be called in seats west of the Mississippi River.

We will be providing periodic updates via News and Notes through the rest of the year, to avoid giving you a daily blow-by-blow.

Lame Duck Items to Consider. Here is a non-exhaustive list of items to be keeping your eye on as we enter the lame-duck period of this Congress:

  • Passing an FY23 appropriations omnibus (or at least passing another continuing resolution)
  • Passing the annual National Defense Authorization Act
  • Protections for same-sex marriage
  • Modernizing the Electoral Count Act
  • Energy permitting changes
  • Hurricane relief
  • Aid for Ukraine
  • A water resources bill
  • Renewal of federal flood insurance
  • A cap on insulin prices
  • Extensions of targeted tax credits
  • Enhanced retirement savings

House Leadership Elections, Other Notable Dates Announced. House Republican leadership elections are scheduled for next Monday, November 14. House Democratic leadership elections are scheduled for after Thanksgiving, November 30. New Member Orientation is spread across two weeks – November 14-18 and November 28-December 2.

Donald Trump Likely to Launch a Presidential Run. Before the midterms, former President Trump teased that he would launch his presidential comeback bid the day before. Instead, he punted to next week. With disappointing results for House & Senate Republicans, some expected him to pump the breaks. Instead, he’s moving forward, and plans to make a “big announcement” on November 15.

WSW Special Report: Mapping Out Committee Vacancies

Today, our WSW political reports provide a preview of what will be significant changes on many House and Senate Committees. Even before the election, and before we know which party will be in the Majority or Minority, we know there will be key vacancies for Chairs and Ranking Members on key Committees. These reports provide a comprehensive look at where these known changes in Committee leadership will take place, as well as highlights where there are already committee “slots” open for rank-and-file Members to seek assignments to those Committees. We will be updating this report after the election, and as Chairs and Ranking Members are selected by their respective parties and rank-and-file Members receive updated Committee assignments.

House Report
Senate Report

IHE G-News October 26, 2022

October 26, 2022
Federal Funding News and Opportunities

U.S. Department of Defense; Naval Research Laboratory issues new Long Range Broad Agency Announcement for Basic and Applied Research

The Naval Research Laboratory (NRL) conducts basic and applied research for the Navy in a variety of scientific and technical disciplines. The research conducted at NRL is broad-based, multidisciplinary scientific research and advanced technological development directed toward maritime applications of new and improved materials, techniques, equipment, systems and ocean, atmospheric, and space sciences and related technologies. NRL is interested in receiving innovative proposals that offer potential for advancement and improvement in scientific and technical topic areas that will address the future operations and requirements of the Navy. and allow it to keep pace with rapidly developing technologies.

U.S. Department of Energy; Office of Energy Efficiency and Renewable Energy Water Power Projects: Innovative Technologies to Enable Low Impact Hydropower and Pumped Storage Hydropower Growth Concept Papers due December 1, 2022

This funding opportunity seeks applications to address innovative solutions to retrofit non-powered dams with environmentally sustainable hydropower at a reasonable cost; applications to address development and testing technologies that mitigate challenges to pumped storage hydropower deployment, including market and revenue uncertainty, development costs and financing, long development timelines, permitting challenges, construction risks, and environmental impacts; and applications to address and encourage emerging organizations to support hydropower development.

U.S. Department of Health and Human Services; Administration for Community Living Field Initiated Projects Program Research and Development proposals due December 16, 2022

The purpose of the Field Initiated (FI) Projects program is to develop knowledge, methods, procedures, and rehabilitation technology that maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially those with the highest support needs.

In carrying out a research activity under a FI Projects research grant, applicants must identify one or more hypotheses or research questions and, based on the hypotheses or research questions identified, perform an intensive, systematic study directed toward producing new scientific knowledge or better understanding of the subject, problem studied, or body of knowledge.

In carrying out a development activity under a FI Projects development grant, a grantee must use knowledge and understanding gained from research to create materials, devices, systems, methods, measures, techniques, tools, prototypes, processes, or intervention protocols that are beneficial to the target population.

U.S. Department of Health and Human Services; Health Resources and Services Administration Primary Care Training and Enhancement – Residency in Training Mental and Behavioral Health due November 15, 2022

The purpose of this program is to train primary care residents in the prevention, identification, diagnosis, treatment, and referral of services for mental and behavioral health conditions for pediatric, adolescent, young adult, and other populations who are at-risk or have experienced abuse, trauma, or mental health and/or substance use disorders, including those related to the effects of gun. Primary care residencies eligible to apply include family medicine, general internal medicine, general pediatrics and combined internal medicine and pediatrics (med-peds) residencies. Funding must be used to support both didactic training and at least a one-month clinical rotation primarily focused on mental and behavioral health conditions.

U.S. Department of Health and Human Services; Health Resources and Services Administration Developmental-Behavioral Pediatrics Training Program due January 19, 2023

The purpose of the Developmental-Behavioral Pediatrics (DBP) program is to increase access to evaluation and services for children with a wide range of developmental and behavioral concerns, including autism. Through this program, up to 15 Accreditation Council for Graduate Medical Education (ACGME) accredited DBP fellowship programs will provide post-graduate training, including fellowships, continuing education to practicing providers, and technical assistance to community agencies. Programs will prepare DBP fellows for leadership roles as teachers, researchers, and clinicians. In doing so, programs will build the workforce capacity to evaluate, diagnose or rule out developmental disabilities, including autism, as well as other behavioral health concerns; and support research and clinical care in the broad range of behavioral, psychosocial, and developmental issues through training of pediatric practitioners, residents, and medical students.

U.S. Department of Health and Human Services; National Institutes of Health Advanced Training in Artificial Intelligence for Precision Nutrition Science Research Institutional Research Training Programs applications due December 8, 2022

This funding opportunity will support new institutional research training programs in artificial intelligence (AI) for precision nutrition (AIPrN) that will focus on integration of the domains of precision nutrition, AI including machine learning, systems biology, systems science, Big Data, and computational analytics. The goal is to build a future workforce that will be able to use growing data resources to tackle complex biomedical challenges in nutrition science that are beyond human intuition. Such research will lead to the development of innovative solutions to combat diet-related chronic diseases.

U.S. Department of Labor; Employment and Training Administration Nursing Expansion Grant Program due January 6, 2023

This funding opportunity will address bottlenecks in training the nursing workforce and expand and diversify the pipeline of qualified nursing professionals through two training tracks:

  1. Nurse Education Professional Track will increase the number of clinical and vocational nursing instructors and educators by training new or upskilling experienced current or former nurses (including retired nurses) into advanced postsecondary credentialing necessary for nurses to become clinical and vocational nursing instructors and educators. Applicants will propose strategies to improve nursing professional, clinical instructor, and educator recruitment, preparation, development, training, and retention
  2. Nursing Career Pathway Track will train frontline healthcare professionals and paraprofessionals, including direct care workers, to advance along a career pathway and attain postsecondary credentials needed for middle- to high-skilled nursing occupations. Grantees will develop training partnerships between clinical settings and education and training providers to support accelerated learning and expanded access to clinical residencies and specialty care rotations.

U.S. Department of Transportation; Federal Highway Administration Exploratory Advanced Research Program proposals due December 5, 2022

The Federal Highway Administration (FHWA) through its Exploratory Advanced Research (EAR) Program seeks proposals for research projects that could lead to transformational changes and revolutionary advances in highway engineering and intermodal surface transportation. This program supports scientific investigations and studies to advance the current knowledge and state-of-the-art in the sciences and technologies employed in the planning, design, construction, operation, maintenance and management of the nation’s highways. Specifically, through this opportunity FHWA will support research addressing the following two topics:

  1. Artificial Intelligence (AI) for Highway Transportation: With the growing number of maturing and commercial applications, there is still a need for early state research to support emerging advances in AI than can solve even more complex questions in highway transportation. Accordingly, the FHWA is seeking to demonstrate the potential of untried advances in AI for solving nationally critical questions in highway transportation.
  2. New Approaches to Reduce Embodied Carbon from Infrastructure Construction, Maintenance, and Operations: Recent fundamental advances in science and technology can enhance existing or provide new data driven approaches for effectively assessing the impact of highway infrastructure on the earth’s climate and engineer construction materials that provide better engineering as well as environmental performance than those currently used. Examples include but are not limited to sensing and communications that allow for ubiquitous tracking of materials from extraction through re-use, machine learning approaches that are explainable, contextually valid, and transferable, and multi-scale modeling that are flexible and open.

National Endowment for the Humanities Cultural and Community Resilience due January 12, 2023

This program supports community-based efforts to mitigate climate change and COVID-19 pandemic impacts, safeguard cultural resources, and foster cultural resilience through identifying, documenting, and/or collecting cultural heritage and community experience. The program prioritizes projects from disadvantaged communities in the U.S. or its jurisdictions, and encourages applications that employ inclusive methodologies.

National Endowment for the Humanities Climate Smart Humanities Organizations proposals due January 17, 2023

This program supports comprehensive assessment and strategic planning efforts by humanities organizations to mitigate physical and operational environmental impacts and adapt to a changing climate. Projects will result in climate action and adaptation planning documents or similar detailed assessments including prioritized, measurable actions and their expected outcomes.

NEW: National Science Foundation announces new Experiential Learning for Emerging and Novel Technologies Initiative

Through this new initiative, the Directorate for Education and Human Resources and the newly established Directorate for Technology, Innovation and Partnerships (TIP), will support inclusive experiential learning opportunities designed to provide cohorts of diverse learners with the crucial skills needed to succeed in emerging technology fields, including advanced manufacturing, advanced wireless, artificial intelligence, biotechnology, quantum information science, semiconductors, and microelectronics, and prepare them to enter the workforce ready to solve pressing scientific and societal challenges. Key goals of this new program are to:

  1. Expand access to career-enhancing experiential learning opportunities for a broader, more diverse population, including adult learners interested in re-skilling and/or upskilling
  2. Promote cross sector partnerships between organizations in emerging technology fields and those with expertise in workforce development; and
  3. Develop a workforce aligned with regional economies based on emerging technologies across the Nation, in alignment with the mission of the new TIP Directorate.

National Science Foundation Mid-scale Research Infrastructure-1 preliminary proposals due January 5, 2023

The Mid-scale Research Infrastructure-1 Program (Mid-scale RI-1) supports the design or implementation of unique and compelling RI projects. Mid-scale implementation projects may include any combination of equipment, instrumentation, cyberinfrastructure, broadly used large scale datasets and the personnel needed to successfully commission the project. Mid-scale RI-1 design projects include the design efforts intended to lead to eventual implementation of a mid-scale class RI project. Mid-scale RI-1 projects should involve the training of a diverse workforce engaged in the design and implementation of science, technology, engineering, and math research infrastructure.

National Science Foundation Improving Undergraduate STEM Education: Improving Education and Human Resources proposals due January 18, 2023

The Improving Undergraduate STEM Education (IUSE: EDU) program seeks to promote novel, creative, and transformative approaches to generating and using new knowledge about STEM teaching and learning to improve STEM education for undergraduate students. IUSE: EDU supports projects that seek to bring recent advances in STEM knowledge into undergraduate education, that adapt, improve, and incorporate evidence-based practices into STEM teaching and learning, and that lay the groundwork for institutional improvement in STEM education. In addition to innovative work at the frontier of STEM education, this program also encourages replication of research studies at different types of institutions and with different student bodies to produce deeper knowledge about the effectiveness and transferability of findings.

National Science Foundation Expanding AI Innovation through Capacity Building and Partnerships proposals due March 13, 2023

The National Science Foundation (NSF) and its partners support the continued growth of a broad and diverse interdisciplinary research community for the advancement of artificial intelligence (AI) and AI-powered innovation, providing a unique opportunity to broadly promote the NSF vision and core values, especially inclusion and collaboration. The Expanding AI Innovation through Capacity Building and Partnerships (ExpandAI) program aims to significantly broaden participation in AI research, education, and workforce development through capacity development projects and through partnerships within the National AI Research Institutes ecosystem.

WSW Special Report: 2022 Midterm “Open Seats”

As we all await and anticipate the results of the November 8th election and its impact in terms of which party controls the House and Senate and what that means for policy and political agendas in 2023, there are some things we already know today.

For instance, there are a significant number of “open seats” in both the House (68) and Senate (8). These open seats come as a result of Members who have retired, been redistricted out of House seats, or were defeated in primaries. Again, that means there will be a large number of new Members- and Senators-elect in both the House and Senate, and these reports preview who those new Members- and Senators-elect will be. We recommend using these reports to familiarize yourself with the likely new Members/Senators as well as using it to think through with your WSW team lead on where there might be recognizable natural alliances between your organization and these new Members, and plan for outreach accordingly once they are sworn in to office in January.

These reports will be updated for you after the election and will include actual election results, along with other new Members- and Senators-elect from seats where any current incumbent is defeated, resulting in yet more new faces in Congress.

House Report
Senate Report

The Lame Duck “To Do” List Grows Longer

Key Dates
November 8, 2022 (Election Day): 32 days
November 14, 2022 (House & Senate Return for “Lame Duck” Session): 38 days
December 15, 2022 (Target Adjournment of 117th Congress): 67 days
December 16, 2022 (Continuing Resolution Expires): 68 days

With the continuing resolution (CR) signed into law, this was the first week with Congress out of session. Additionally, the campaign season is in the home stretch, though control of the House and Senate control remains murky. Your WSW team is using this time to begin planning for a new Congress for your organization, as well as tracking implementation of the major legislation that has resulted from this Congress.

Here’s what you might’ve missed as well as what to keep an eye out for on the horizon:

Another Lame Duck Item: Hurricane Relief. Following the devastation wrought by Hurricane Ian, it has become abundantly clear that Congress will need to provide relief to storm-struck areas. While a federal aid estimate is currently unknown, observers expect tens of billions of dollars in relief. Nearly every Republican in the Florida delegation signed onto a letter to Appropriations Committee Ranking Member Kay Granger (R-TX) urging for “clean” relief, in an effort to avoid potential policy riders. It is possible, however, that this relief aid will just be added to an FY23 spending bill – as a reminder, the CR expires December 16.

A Potential 2023 Complication: Raising the Debt Limit. While the exact date is uncertain, it is near-certain that Congress will need to raise the debt limit sometime in 2023. Axios released an interesting article last week outlining what that situation might look like, and reported that there are concerns that it could lead to a debt crisis similar to 2011.

Biden Pardons Marijuana Offenses, Calls for Review of Drug Scheduling. On Thursday, President Biden grants a pardon to all people convicted of simple marijuana possession under federal law. He also urged states to take similar actions, and asked the Attorney General and Secretary of HHS to review how marijuana is scheduled under federal law.

A Political Update. For a look at the “horse racing” in the race for the House and the Senate, we advise looking at the following articles from this week:

  • FiveThirtyEight: “The Seats Republicans Could Flip To Win The House In 2022” – Full Article
  • Cook Political Report: “Which Way Is the Wind Blowing?” – Full Article
  • The Hill: “Five takeaways from the Kelly-Masters Debate in Arizona” – Full Article
  • Politico: “Republicans gain ground in Senate races in Pennsylvania and Wisconsin” – Full Article

IHE G-News October 3, 2022

October 3, 2022
Federal Funding News and Opportunities

U.S. Department of Health and Human Services; Health Resources and Services Administration Preventive Medicine Residency applications due November 21, 2022

The purpose of the Preventive Medicine Residency program is to increase the number, quality, and diversity of preventive medicine residents and physicians to support access to preventive medicine and to integrate population health with primary care to improve the health of communities.

U.S. Department of Transportation; Federal Highway Administration Advanced Transportation Technologies and Innovative Mobility Deployment Program applications due November 18, 2022

The Advanced Transportation Technologies and Innovative Mobility Deployment Program (ATTIMD), also known as the Advanced Transportation Technology and Innovation (ATTAIN) Program, provides funding to deploy, install, and operate advanced transportation technologies to improve safety, mobility, efficiency, system performance, intermodal connectivity, and infrastructure return on investment. These model technology deployments are expected to provide benefits in the form of:

  • reduced traffic-related fatalities and injuries, traffic congestion and improved travel time reliability, and/or transportation-related emissions;
  • optimized multimodal system performance;
  • improved access to transportation alternatives, including for underserved populations, and/or integration of payment systems;
  • public access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions;
  • cost savings to transportation agencies, businesses, and the traveling public; and/or
  • other benefits to transportation users and the general public.

U.S. Department of Transportation Strengthening Mobility and Revolutionizing Transportation Grants applications due November 18, 2022

The Strengthening Mobility and Revolutionizing Transportation (SMART) Grants Program funds purpose-driven innovation to build data and technology capacity and expertise for state and local governments. Communities should target their real-world challenges where the use of new technologies and approaches can create benefits.

Note: Institutions of Higher Education are not eligible applicants but can partner with a local government to plan and prototype promising transportation-related technologies.

National Endowment for the Humanities Dangers and Opportunities of Technology: Perspectives from the Humanities applications due February 2, 2023

The Dangers and Opportunities of Technology: Perspectives from the Humanities Program supports humanistic research that examines the relationship between technology and society. The National Endowment for Humanities is particularly interested in projects that examine current social and cultural issues that are significantly shaped by technology.

National Science Foundation Advanced Chip Engineering Design and Fabrication research concept outlines due December 13, 2022

The Advanced Chip Engineering Design and Fabrication Applications (ACED Fab) program aims to leverage the complementary academic talent and engineering strengths of semiconductor research in the U.S. and Taiwan to enable chip design and fabrication to advance semiconductor science, Engineering, and education. Proposals are encouraged to target emerging applications, including, but not limited to:

  • High-performance, low-power circuits and systems;
  • Edge-AI sensing, computing, and communication; Quantum computing and communication chips; and
  • Emerging semiconductor heterogeneous integration.

An ACED Fab proposal must be an integrated collaborative effort between the U.S. and Taiwan researchers. The research project must aim to bring a specific innovation to integrated circuit prototypes that demonstrate advanced functionality and utilize advanced fabrication technology as differentiators. The scope of an ACED Fab proposal must include at least one semiconductor chip design for tape-out utilizing fabrication process technologies of Taiwan’s semiconductor foundries via multi-project wafer runs within the duration of the project.

National Science Foundation Cyberinfrastructure for Sustained Scientific Innovation applications due December 16, 2022

The Cyberinfrastructure for Sustained Scientific Innovation (CSSI) program seeks to enable funding opportunities that are flexible and responsive to the evolving and emerging needs in cyberinfrastructure (CI). The program continues to emphasize integrated CI services, quantitative metrics with targets for delivery and usage of these services, and community creation. The CSSI program anticipates three classes of awards:

  • Elements: These awards target small groups that will create and deploy robust services for which there is a demonstrated need, and that will advance one or more significant areas of science and engineering.
  • Framework Implementations: These awards target larger, interdisciplinary teams organized around the development and application of services aimed at solving common research problems faced by NSF researchers in one or more areas of science and engineering, and resulting in a sustainable community framework providing CI services to a diverse community or communities.
  • Transition to Sustainability: These awards target groups who would like to execute a well-defined sustainability plan for existing CI with demonstrated impact in one or more areas of science and engineering supported by NSF. The sustainability plan should enable new avenues of support for the long-term sustained impact of the CI.

National Science Foundation Racial Equity in STEM Education proposals due January 17, 2023

Racial inequities often create barriers to science, technology, engineering, and mathematics (STEM) knowledge generation, as well as access to and participation in all aspects of STEM education, research, and the workforce. In ongoing efforts to address these disparities, the National Science Foundation (NSF) seeks to support bold, groundbreaking, and potentially transformative projects that contribute to advancing racial equity in STEM education and workforce development. Collectively, proposals funded by this solicitation will: substantively contribute to institutionalizing effective research-based practices, policies, and outcomes in STEM environments for those who experience inequities caused by systemic racism and the broader community; advance scholarship and promote racial equity in STEM in ways that expand the array of epistemologies, perspectives, ideas, theoretical and methodological approaches that NSF funds; and further diversify project leadership and institutions funded by NSF.

Local Government G-News October 3, 2022

October 3, 2022
Federal Funding Opportunities

U.S. Department of Housing and Urban Development Choice Neighborhoods Implementation Grants due January 11, 2023

Choice Neighborhoods Implementation Grants support the implementation of comprehensive neighborhood revitalization plans that are expected to achieve the following three core goals:

  1. Housing: Replace distressed public and assisted housing with high-quality mixed-income housing that is well-managed and responsive to the needs of the surrounding neighborhood;
  2. People: Improve outcomes of households living in the target housing related to employment and income, health, and children’s education; and
  3. Neighborhood: Create the conditions necessary for public and private reinvestment in distressed neighborhoods to offer the kinds of amenities and assets, including safety, good schools, and commercial activity, that are important to families’ choices about their community.

U.S. Department of the Interior; National Park Service Save America’s Treasures Preservation and Collections Grant applications due December 20, 2022

The Save America’s Treasures grant program provides funding to help preserve nationally significant historic properties and collections. The program is divided into two parts:

  • One for preservation projects for properties listed in the National Register of Historic Places for national significance or designated a National Historic Landmark. 
  • One for projects involving collections, including artifacts, museum collections, documents, sculptures, and other works of art. Note: These awards are managed by the Institute of Museum and Library Services.

U.S. Department of Transportation Strengthening Mobility and Revolutionizing Transportation Grants applications due November 18, 2022

The Strengthening Mobility and Revolutionizing Transportation (SMART) Grants Program funds purpose-driven innovation to build data and technology capacity and expertise for state and local governments. Communities should target their real-world challenges where the use of new technologies and approaches can create benefits.

U.S. Department of Transportation; Federal Highway Administration Advanced Transportation Technologies and Innovative Mobility Deployment Program applications due November 18, 2022

The Advanced Transportation Technologies and Innovative Mobility Deployment Program (ATTIMD), also known as the Advanced Transportation Technology and Innovation (ATTAIN) Program, provides funding to deploy, install, and operate advanced transportation technologies to improve safety, mobility, efficiency, system performance, intermodal connectivity, and infrastructure return on investment. These model technology deployments are expected to provide benefits in the form of:

  • reduced traffic-related fatalities and injuries, traffic congestion and improved travel time reliability, and/or transportation-related emissions;
  • optimized multimodal system performance;
  • improved access to transportation alternatives, including for underserved populations, and/or integration of payment systems;
  • public access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions;
  • cost savings to transportation agencies, businesses, and the traveling public; and/or
  • other benefits to transportation users and the general public.

Congress Passes Continuing Resolution; Averts Shutdown

Key Dates
November 8, 2022 (Election Day): 39 days
November 14, 2022 (House & Senate Return for “Lame Duck” Session): 45 days
December 15, 2022 (Target Adjournment of 117th Congress): 74 days
December 16, 2022 (Continuing Resolution Expires): 75

This week, Congress has completed its big must-do – passing a continuing resolution – to keep the government running temporarily through mid-December. Now, Members of the House and many Senators return home to campaign.

After the election, the current Members of Congress will return for a lame duck session (with a planned return on Monday, November 14) where they may or may not be able to clear the decks of major legislation before the new Congress starts in January. We expect the wish list for the lame duck session to be long, but what they will be able to get done will be highly impacted by the election results. If Republicans take either the House or Senate, they may not be willing to negotiate on much.

Here’s what else you might have missed this week.

Congress Passes Continuing Resolution, Averting a Government Shutdown. Yesterday, the Senate passed a continuing resolution (CR) by a 72-25 margin. The House followed suit today by a 230-201 vote. The CR also includes $12 billion in aid for Ukraine, $2.5 billion to aid New Mexico in its recovery from a wildfire, $1 billion in funding a low-income home heating program, and $20 million in emergency to address the water crisis in Jackson, MS. It keeps the government running through mid-December. One notable item not in the measure is additional funding for vaccines and testing for COVID-19 and monkeypox. Now, Congress will need to come back and pass either yet another CR or fully pass a budget for FY23. This article is useful in outlining what might be in a potential omnibus.

Electoral Count Act Legislation Has Legs in the Senate. On Wednesday, Senate Minority Leader Mitch McConnell voiced his support for legislation to modernize the Electoral Count Act. Over a dozen Republicans have already signed on to the measure. This bodes well for the bill’s prospects, and will be an item that Congress will likely consider upon its return in November.

Items that Might be Covered in Lame Duck. Several items – including the aforementioned omnibus and Electoral Count Act reform – will be considered in lame duck. Here are just some of the items that are on the possible list for action:

  • Marriage equality
  • Congressional stock trading
  • The FY2023 National Defense Authorization Act (NDAA)
  • Judges (in the Senate)
  • Recommendations of the January 6th Commission
  • Social Security/retirement legislation
  • Insulin legislation
  • Aid to states impacted by Hurricane Ian
  • Tax extenders

As our team continues to survey the landscape, additional items may be added – or taken away. Your WSW team will continue to keep you updated on this front.

For a historical look, the Senate website maintains a list going back to the 1940s on what other Congresses focused on in lame duck – you can find it here.

For Your Radar: the Return of Federal Discretionary Spending Caps. This week, House Republicans released a bill that would impose a cap on federal discretionary spending for the next ten years. While this obviously will not go anywhere this Congress, it is a sign of the direction a Republican-led House will go if elected. This would be a marked change from the significantly higher domestic spending initiatives undertaken by the White House and Congressional Democrats over the past year and a half.

An Update on the Continuing Resolution & Other Matters

Key Dates
October 1, 2022 (Fiscal Year 2023 Begins): 8 days
November 8, 2022 (Election Day): 46 days
November 9, 2022 (Senate Returns for “Lame Duck” Session): 47 days
November 14, 2022 (House Returns for “Lame Duck” Session): 52 days
December 15, 2022 (Target Adjournment of 117th Congress): 81 days

With only a small handful of legislative days before the October recess – when Members of the House and Senate head home to campaign – Congress still has a long to do list and there are many efforts at last minute deals. Here’s what you might’ve missed, as well as what you might expect next week:

Congress Expected to Pass a Temporary Continuing Resolution to Keep Government Open after September 30: A Must Do. In an election year especially, no one in Washington wants a government shutdown. One of the key sticking points remains a permitting reform component championed by Sen. Joe Manchin (D-WV), which Majority Leader Chuck Schumer (D-NY) remains committed to including the final bill. However, it is becoming increasingly clear that, between Republicans and progressive Democrats, Schumer and Manchin don’t have the votes.

In the event that these provisions are not included, expect a generally “clean” continuing resolution (CR). Additional aid for Ukraine will also likely be in, while COVID-19 relief funds will likely be left out. There are two other mysteries: the scale of disaster assistance that may be included, as well as how long the CR will run. For the latter, it is likely that the CR will run until December 16. However, as we reported last week, some Republicans are pushing for it to run into the next Congress, in hopes that they have control of one or both chambers and can put for their own policy priorities in these must-pass funding bills.

Senate Returning for NDAA in October? Despite the scheduled recess, some reports have begun to emerge that the Senate may be called back in October to debate and vote on the FY23 National Defense Authorization Act (NDAA). Senate Majority Leader Schumer said “NDAA will be part of what we do.” The House already passed its version in July.

New Republican Agenda Released Today. Today, House Minority Leader Kevin McCarthy – flanked by both moderate and conservative members of his caucus – released his “Commitment to America,” a flashback to Newt Gingrich’s “Contract with America” from the 1990s. The plan proposes increasing U.S. energy production to address high gas prices, boosting funding to hire more police, and reimposing Trump-era border restrictions to stem the flow of migrants coming from Mexico, among other items. This is the culmination of years-long effort by McCarthy – done through task forces – to make sure House Republicans have a plan to start implementing day 1 should they retake the House.

House Passes Four Law Enforcement Bills. After months of tense negotiations between moderate and progressive Democrats, the House passed four bills related to law enforcement. This vote comes as moderate Democrats are increasingly being hit on the campaign trail for being “anti-police.” These bills represent an effort to help at-risk Democrat lawmakers, especially those in suburban districts.

Political Update. With Election Day just weeks away, Cook Political Report has several more Democratic toss-ups than Republican toss-ups, and they still predict the House as more likely to flip to a Republican Majority control than not. The Senate is a toss-up, though Democrats are defending five seats and Republicans are defending two in their model. If the Georgia Senate seat goes to a runoff, we may not even know which party will control the Senate until into the new year.

House Expected to Consider Continuing Resolution Next Week

Key Dates
October 1, 2022 (Fiscal Year 2023 Begins): 15 days
November 8, 2022 (Election Day): 53 days
November 9, 2022 (Senate Returns for “Lame Duck” Session): 54 days
November 14, 2022 (House Returns for “Lame Duck” Session): 59 days
December 15, 2022 (Target Adjournment of 117th Congress): 88 days

Both the House and Senate were in session this week, but there are only seven legislative days currently scheduled before Members depart for the election – all of which means, Washington is on a tight schedule. Here’s what you might have missed:

Keeping the Government Operating. Congress will not reach agreement on the FY23 Appropriations bill before the end of September, so Congress will need to pass a short-term continuing resolution (CR) to keep the government functioning and avoid a shutdown. As simple as that may sound, there are hold ups, including whether or not to include Sen. Joe Manchin’s (D-WV) pipeline permitting legislation that Senate Majority Leader Chuck Schumer had promised to make a component of the bill. Some, such as Senate Appropriations Committee Ranking Member Richard Shelby (R-AL), have speculated that text won’t be available until toward the end of the month. While the short-term extension is expected to go until mid-December, there are some Republican Senators – Rick Scott (FL), Mike Lee (UT), and Ted Cruz (TX) – pushing for an even later extension until 2023, where they anticipate Republicans could have both a Senate and House Majority and therefore put their own and more significant imprint on FY23 spending bills, including blocking the Administration’s plans for thousands of more IRS agents.

Railroad Companies, Unions Strike a Deal, Averting Shutdown. Earlier this week, there was significant concern that the nation’s railroad companies and their employees would not be able to make a labor deal. The unions representing those employees promised to strike if their demands were not met. The White House, Congress, and industries nationwide were concerned, as a shutdown of our rail system would have massive economic consequences. In the end, however, Secretary of Labor Marty Walsh helped facilitate an agreement. Though the rank-and-file must now approve the deal, many are viewing this as a major victory for the Biden Administration.

Senate Republicans Urge a Vote on NDAA. The Hill recently reported that two dozen Senate Republicans are pushing for a for on the National Defense Authorization Act (NDAA). The House passed their version in July, and the Senate Armed Services Committee approved its bill in July as well. Action on NDAA would be a highly likely candidate for final action in lame duck if it can’t be achieved this month, which still remains a possibility. More details can be found here.

Same-Sex Marriage Vote Punted to After Midterms. On Thursday, the sponsors of the same-sex marriage legislation in the Senate announced that they will instead push for a vote after the midterms instead of before them. They opted for this strategy after it became clear that there would be far more votes at that time than now – and questions remained over whether there were even 60 “yes” votes.

Primaries End; Campaign Season Picks Up. This week marked the formal end to primary season, with voters in RI, NH, and DE (including President Biden) casting their ballots. Now, with just over 50 days until the election, campaigns are ramping up their activities to an even higher degree. Handicappers currently see a narrow House Majority and, perhaps, a 50-50 Senate once again.