Congress is in recess in the leadup to Election Day, but will return afterward for a lame-duck session. Pictured is the U.S. Capitol on March 14, 2024. (Jennifer Shutt | States Newsroom)

WASHINGTON — Members of Congress left Capitol Hill last week to focus their attention on the campaign trail during the six weeks leading up to Election Day, leaving much of their work unfinished.

The Republican House and Democratic Senate are scheduled to remain on recess until Nov. 12, though the urgent needs created in the wake of Hurricane Helene, which are fully funded for the moment, could bring the chambers back into session before then.

When lawmakers do return to Washington, D.C., they’ll need to address the must-pass legislation they’ve left on autopilot instead of negotiating new bipartisan compromises.

So far this year, lawmakers have pushed off reaching brokering agreement on must-pass measures like the farm bill as well as this year’s batch of government funding bills and the annual defense policy legislation.

Kids’ online safety, radiation exposure

There are also a handful of measures that have passed one chamber with broad bipartisan support, but haven’t been taken up on the other side of the Capitol that leadership could decide to move forward during November or December.

For example, an interesting combination of senators, led by Connecticut Democrat Richard Blumenthal and Tennessee Republican Marsha Blackburn, are advocating for House Republican leaders to hold votes on a pair of online safety bills designed to better protect children from the darker side of the internet.

The rail safety bill drafted by a bipartisan group of senators from Ohio and Pennsylvania after the train derailment in East Palestine remains unaddressed following more than a year of intransigence.

And legislation to reauthorize the Radiation Exposure Compensation Act, or RECA, which passed the Senate on a broadly bipartisan vote earlier this year, sits on a shelf collecting dust in the House.

Cancer victims, Indigenous communities and many others have pressed House GOP leadership to hold a vote to reauthorize the program after it expired this summer, but they have avoided it due to cost.

Five-week lame duck

Lawmakers interviewed by States Newsroom and congressional leaders all indicated the outcome of the November elections will have significant sway on what Congress approves during the five-week lame-duck session that spans November and December.

All interviews took place before Hurricane Helene made landfall and Israel was directly attacked by Iran, both of which are likely to be at the top of congressional leaders’ to-do lists.

Senate Minority Whip John Thune said it’s “hard to say” what, if anything, Congress will approve during the lame-duck session.

“I think a lot will be shaped by what happens in November,” the South Dakota Republican said.

House Minority Leader Hakeem Jeffries, D-N.Y., said just a day before Hurricane Helene made landfall that Democrats would advocate for passing natural disaster response funding previously requested by the Biden administration.

“Extreme weather events are on the rise and they affect everyone — in blue states, purple states and red states,” Jeffries said. “This is not a partisan issue, it’s an American issue in terms of being there, in times of need for everyday Americans, who have had their lives and livelihood upended.”

Other House Democratic priorities during the lame duck include approving the dozen full-year government funding bills that were supposed to be completed before Oct. 1, the defense policy bill that had the same deadline and the farm bill, which is more than a year overdue.

Missouri GOP Sen. Josh Hawley said he “sure hopes” the Radiation Exposure Compensation Act reauthorization bill reaches the president’s desk before the end of the year.

He didn’t rule out lobbying to attach it to a must-pass government funding bill, but said the real hurdle is House GOP leaders.

“It doesn’t need help in the Senate. It just needs the House,” Hawley said. “I’ve had good, productive conversations with Speaker [Mike] Johnson in the last few weeks, and I appreciate his personal engagement on this, and I hope that that will lead to action.”

Haley said the House allowing RECA to expire, preventing people who qualify for the program from receiving benefits, was “outrageous.”

Defense priorities, farm bill

Senate Armed Services Chair Jack Reed, a Rhode Island Democrat, said staff would work during October to bridge the differences between the two chambers on the annual defense policy bill, called the National Defense Authorization Act.

Those staff-level talks will lay the foundation for Republicans and Democrats to meet once they return to Capitol Hill following the elections.

“We have to be ready when we come back to go right to the ‘Big Four’ meeting,” he said, referring to the top leaders in both chambers. “That’s our objective.”

Reed said many of the differences between the House and the Senate aren’t typical Defense Department policy issues per se, but are “more political, cultural, social.”

Congress may begin to debate additional military and humanitarian assistance to Ukraine this year, though that’s more likely to happen next year, Reed said.

Senate Agriculture Committee Chair Debbie Stabenow (D-Mich.) said she was making a “big push” for the House and Senate to reach agreement on the farm bill in the months ahead, though she cautioned talks don’t actually constitute a conference.

“I wouldn’t call it a conference; technically to have a conference, you have to have a bill passed by the House and a bill passed by the Senate, which will not happen,” Stabenow said.

“But I believe that there is a way,” Stabenow added. “I believe there’s a way to get a bipartisan bill.”

Arkansas Sen. John Boozman, the top Republican on the Agriculture panel, said lawmakers didn’t need the election results to “start working through our disagreements” on the farm bill, adding there’s some new momentum in talks.

“I think what’s changed is that there is a recognition among members, all members, how difficult it is right now as a farmer,” Boozman said. “So that’s really what’s changed in the last three or four months. It’s developing a real sense of urgency for these folks.”

Iowa Republican Sen. Joni Ernst said the election outcome could influence what lawmakers choose to accomplish during the lame-duck session.

“There’s any number of scenarios, whether it’s NDAA, whether it’s farm bill, whether it’s anything else,” she said. “But it comes down to Leader Schumer.” New York Democrat Chuck Schumer is the majority leader in the Senate.

Virginia Democratic Sen. Tim Kaine said he expects Congress will broker some agreement on government funding legislation and the NDAA, but not necessarily anything else.

“In an odd way, the better the Dems do on Nov. 5, the more we’ll get done,” Kaine said. “Because I think if the House is going to flip back to Dem, I think the Rs will say, ‘Well, let’s get a whole lot of stuff done before the House goes down.’ So I think the better we do, the more we’ll get done in the lame duck.”

Kaine said if Democrats do well in the elections, they might not need to approve additional aid for Ukraine this Congress, since that funding can last into next year.

“If we don’t do well in the [elections], we might need to do it in the lame duck,” Kaine said. “So that’ll all depend.”

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A farmer stores grain near Eldridge, Iowa, on Sept. 28, 2024. (Kathie Obradovich | Iowa Capital Dispatch)

WASHINGTON — Sweeping legislation that would set food and farm policy for the next five years is in limbo, waiting for lawmakers to decide its fate after the election.

The latest deadline for the farm bill passed unceremoniously at midnight on Sept. 30, without a push from lawmakers to pass a new farm bill or an extension.

Congress will have to scramble in the lame-duck session set to begin Nov. 12 to come up with some agreement on the farm bill before benefits run out at the end of the year — which if allowed to happen eventually would have major consequences.

The law began 90 years ago with various payments to support farmers but now has an impact far beyond the farm, with programs to create wildlife habitat, address climate change and provide the nation’s largest federal nutrition program.

Ag coalition in disarray

The omnibus farm bill is more than a year behind schedule, as the bipartisan congressional coalition that has advanced farm bills for the last half century has been teetering on the edge of collapse.

Congress must approve a new federal farm bill every five years. The previous farm bill from 2018 expired a year ago. With no agreement in sight at the time, lawmakers extended the law to Sept. 30, 2024.

The delay creates further uncertainty for farmers, who are facing declining prices for many crops and rising costs for fertilizer and other inputs.

Lawmakers have some buffer before Americans feel the consequences of the expiration.

Most of the key programs have funding through the end of the calendar year, but once a new crop year comes into place in January, they would revert to “permanent law,” sending crop supports back to policy from the 1938 and 1949 farm bills.

Those policies are inconsistent with modern farming practices and international trade agreements and could cost the federal government billions, according to a recent analysis from the non-partisan Congressional Research Service.

‘Groundhog Day’ cited by Vilsack

The stalemate between Democrats and Republicans over the farm bill has centered on how to pay for it and whether to place limits on nutrition and climate programs.

Agriculture Secretary Tom Vilsack told reporters in a press call on Saturday that the process “feels like Groundhog Day” — because he keeps having the same conversations about it. Vilsack said Republicans “just don’t have the votes” on the floor for legislation passed in the House Agriculture Committee, which is why it has sat dormant in the House for four months.

“If they want to pass the farm bill they’ve got to get practical, and they either have to lower their expectations or raise resources. And if they’re going to raise resources, they have to do it in a way where they don’t lose votes, where they actually gain votes,” Vilsack, a former Iowa governor, said.

The Republican-led committee approved its farm bill proposal largely on party lines at the end of May, amidst complaints from Democrats that the process had not been as bipartisan as in years past.

Partisan division is not uncommon in today’s Congress but is notable on the farm bill, which historically brought together lawmakers from both sides of the aisle. Bipartisan support can be necessary for final passage because the size of the $1.5 trillion farm bill means it inevitably loses some votes from fiscal conservatives and others.

Shutdown threat  

Lawmakers are on borrowed time with both the farm bill and the appropriations bills that fund the federal government.

The House and Senate both approved stopgap spending bills at the end of September to avoid a partial government shutdown. The short-term funding bill, sometimes referred to as a continuing resolution, or CR, will keep the federal government running through Dec. 20.

Some agriculture leaders had asked for the continuing resolution to not extend the farm bill, to help push the deadline for them to work on it when they return.

The day after they approved the CR and left the Capitol, 140 Republican House members sent a letter to congressional leadership asking to make the farm bill a priority in the waning weeks of 2024.

“Farmers and ranchers do not have the luxury of waiting until next Congress for the enactment of an effective farm bill,” the letter states, noting rising production costs and falling commodity prices that have put farmers in a tight spot.

House Democrats also say they want to pass a new farm bill this year.

House Minority Leader Hakeem Jeffries, a New York Democrat, listed the farm bill as one of his top three priorities for the lame duck. Also on his list were appropriations and the National Defense Authorization Act, which sets policy for the Pentagon.

“It will be important to see if we can find a path forward and reauthorize the farm bill in order to make sure that we can meet the needs of farmers, meet the needs from a nutritional standpoint of everyday Americans and also continue the progress we have been able to make in terms of combating climate crisis,” Jeffries said in remarks to reporters Sept. 25.

Nearly 300 members of the National Farmers Union visited lawmakers in September to ask for passage of a new five-year farm bill before the end of 2024.

“Family farmers and ranchers can’t wait – they need the certainty of a new farm bill this year,” National Farmers Union President Rob Larew said in a statement after the meetings. “With net farm income projected at historic lows, growing concentration in the agriculture sector, high input costs and interest rates, and more frequent and devastating natural disasters, Congress can’t miss this opportunity to pass a five-year farm bill.”

Disagreements over SNAP formula

The key dispute for Democrats this year is a funding calculation that would place limits on the “Thrifty Food Plan” formula that calculates benefits for the Supplemental Nutrition Assistance Program, SNAP.

It would keep SNAP payments at current levels but place a permanent freeze on the ability of future presidents to raise levels of food support. Democrats have characterized it as a sneaky cut to vital support for hungry Americans that makes the bill dead on arrival.

Republicans are using the limits as part of a funding calculation to offset other spending in the bill. The bill would raise price supports for some crops like cotton, peanuts and rice.

“They have to do one of two things,” Vilsack said of lawmakers. “They either have to recognize that they can’t afford all the things that they would like to be able to afford, if they want to stay within the resources that are in fact available … Or another alternative would be to find more money.”

Vilsack recommended finding other sources of funding outside the farm bill, like changes to the tax code.

“You close a loophole here or there in terms of the taxes or whatever, and you generate more revenue, and you have that revenue directly offset the increase in the farm bill. … That’s the correct way to do it. And that’s, frankly, the way Senator Stabenow is approaching the farm bill,” Vilsack said, referring to Senate Agriculture Committee Chairwoman Debbie Stabenow (D-Mich).

The Senate Agriculture Committee has had no public markup or formal introduction of a bill. But leaders say committee staff have been meeting weekly to discuss a path forward. Stabenow has not publicly disclosed the offsets for the money she says is available to be moved into the bill.

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