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 CornynCornyn opens door to including criminal justice bill in government funding measure This week: Trump, Dems set to meet amid funding fight GOP tensions running high on criminal justice bill 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 TrumpThe Memo: Ayers decision casts harsh light on Trump NASA offers to show Stephen Curry evidence from moon landings Freedom Caucus calls on leadership to include wall funding, end to 'catch and release' in funding bill 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 ColeGOP struggles to find right Republican for Rules Granger to serve as ranking member of House Appropriations Committee GOP sits back and enjoys Dem fight over Pelosi MORE (R-Okla.), a member of the House Appropriations Committee.

Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerFreedom Caucus calls on leadership to include wall funding, end to 'catch and release' in funding bill Push to pay congressional interns an hour gains traction with progressives House approves two-week spending measure to avert shutdown 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 ThuneThe Hill's Morning Report — Trump shakes up staff with eye on 2020, Mueller probe Key Senate Republican: Criminal justice reform needs more GOP support Sunday shows preview: Trade talks, Cohen sentencing memo take center stage 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 McConnellCornyn opens door to including criminal justice bill in government funding measure The Hill's Morning Report — Trump shakes up staff with eye on 2020, Mueller probe Judd Gregg: The government goes geriatric 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 KushnerKushner: Trump will make chief of staff decision 'when he’s ready' Press: Mueller closes in on Trump Democratic House panel could investigate ties between Kushner, Saudi crown prince: report 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 GrassleyBrady releases revised version of year-end tax package Overnight Health Care: House set to vote on bill targeting drug companies for overcharging Medicaid | Dems press Trump officials on pre-existing conditions | Tobacco giant invests .8B in Canadian marijuana grower House set to vote on bill cracking down on drug companies overcharging Medicaid MORE (R-Iowa), who helped put the compromise together.

Senate Agriculture Committee Chairman Pat RobertsCharles (Pat) Patrick RobertsThis week: Trump, Dems set to meet amid funding fight This week: Lawmakers return to mourn George H.W. Bush Evangelical leader: Not worth risking ties with Saudi Arabia over missing journalist 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 LankfordIRS issues guidance aimed at limiting impact of tax on nonprofits' parking expenses NRCC breach exposes gaps 2 years after Russia hacks Hillicon Valley: Huawei executive facing possible US fraud charges | Dem blames White House for failure of election security bill | FCC investigating wireless carriers over coverage data | Assange rejects deal to leave embassy 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 GillibrandWarren has contacted 100 people in early 2020 primary states: report O’Rourke is fireball, but not all Dems are sold NRA's Loesch: Gillibrand’s 'future Is female’ tweet 'is pretty sexist' 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 RyanOvernight Defense: Dunford expected to finish Joint Chiefs term | House lawmakers pushing for Yemen vote | Pentagon says a few hundred troops leaving border Ocasio-Cortez: Paul Ryan got called a 'genius' when he was elected at 28, I get accused of being 'a fraud' Meadows looks to make his move 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 BluntHillicon Valley — Presented by AT&T — NRCC exposes security flaws 2 years after Russia hacks | Google Plus to shut down early | Scathing House report scolds Equifax for breach | McCarthy knocks Google ahead of CEO's hearing NRCC breach exposes gaps 2 years after Russia hacks Senate panel advances Trump nominees for election agency 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 CrapoBanking 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 Senate GOP readies for leadership reshuffle 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.