Five things Democrats are racing to complete before they lose power in January

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Democrats are scrambling to achieve a number of legislative and policy items before the current Congress adjourns and they lose control of the House.

Lawmakers have a lengthy to-do list to complete before the end of the week, including a funding package that could result in a government shutdown if both parties can’t come to an agreement. However, Democrats and Republicans have made headway on some legislative priorities, such as the passage of a same-sex marriage bill that is on its way to President Joe Biden’s desk for his approval and the National Defense Authorization Act that passed the House last week.

CLOCK IS TICKING FOR CONGRESS TO AVERT GOVERNMENT SHUTDOWN

But on other legislative priorities, Congress is falling behind — making little progress on “must-pass” legislation, threatening to keep lawmakers and their staffers in Washington, D.C., right up until the Christmas holiday.

Here’s a breakdown of what Congress needs to get done in the coming days.

Government spending bill

Democrats are rushing to push their omnibus spending bill through Congress to fund the government for the next year, with only four days until the current funding runs out and a temporary shutdown ensues. The federal government is currently funded through Friday thanks to a continuing resolution passed by Congress in September.

Negotiations over the annual spending bill stalled late last week as both sides disagreed on how to keep the government running, with Democrats seeking to approve a bipartisan omnibus bill that would last until the fiscal year ends and Republicans pushing for a continuing resolution that would fund the government at the same levels until January. A growing number of GOP lawmakers have begun to push for the latter option, hoping to have more influence once they take control of the House.

Lawmakers have still not agreed on a final top-line number, with party leaders disagreeing over $25 billion worth of nondefense spending, according to Sen. Richard Shelby (R-AL), one of the lead negotiators. Without that final number, appropriators can’t finalize the legislation for congressional approval.

Democrats were expected to release a draft of their proposed budget on Monday in an attempt to restart negotiations, although reports have indicated some progress in bipartisan negotiations that have prompted lawmakers to change course.

Trump’s tax returns

Democrats on the House Ways and Means Committee must also decide what to do with former President Donald Trump’s tax returns, wrapping up a yearslong effort to obtain the documents before the current lame-duck session ends this year.

The committee gained access to Trump’s tax returns after a decision from the Supreme Court last month granted House lawmakers to obtain the records to investigate whether tax law surrounding presidents should be amended. Lawmakers on the House Ways and Means Committee have been requesting access to the documents from the IRS since 2019.

Access to the tax returns will allow House Democrats to determine whether the IRS audit of the former president was conducted “fully and appropriately,” although it’s not clear if they’ll be able to complete their review before Republicans take control of the lower chamber.

Jan. 6 committee

Members of the House committee investigating the Jan. 6 riot at the Capitol are rushing to complete the final report of their investigation, as well as make any criminal referrals before the panel is expected to be dissolved by Republicans next year. The committee has indicated it will release its report on Dec. 21, just before Congress adjourns.

The panel’s final report is expected to focus largely on Trump and his efforts to overturn the results of the 2020 election, including eight chapters that include evidence shared during the committee’s public hearings over the summer, according to reports. The final report will aim to describe the former president’s “seven-part plan” to undermine the 2020 election and secure a second White House term, according to Politico. 

The report is set to be released next week during a Dec. 21 meeting, at which the panel is also likely to vote on criminal referrals.

Immigration reform

Democrats are also making one final push to salvage the Deferred Action for Childhood Arrivals program and establish protections for hundreds of thousands of immigrants, hoping to come to a solution before the end of the lame-duck session.

Democrats have long called for a permanent solution to the DACA program, which allows more than 830,000 immigrants, or “Dreamers,” who were brought to the United States as children, to live and work in the country without fear of being deported. Republicans have opposed expanding protections for Dreamers unless Democrats agree to increase security at the southern border and limit the number of asylum-seekers who are allowed into the country, compromises that lawmakers on the Left are unlikely to make.

To pass expanded protections under DACA, Democrats need at least 10 Republicans in the Senate to back their legislation. At least four or five have expressed interest, Senate Majority Leader Chuck Schumer said last month, and he has indicated Democratic leaders are working to get more to pass legislation before the end of the year.

Debt ceiling

Before the end of the current Congress, Democrats are renewing their calls to address the nation’s debt limit and raise the ceiling to avoid defaulting on the country’s loans. However, lawmakers have not yet scheduled or planned for a vote on related legislation before the end of the year, instead focusing on other “must-pass” bills.

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Democrats are seeking to make headway on the debt ceiling sooner rather than later, hoping to prevent Republicans from using the debt limit to their advantage once they take control of the House. New lawmakers have also lamented they don’t want to inherit the problem for their first term on Capitol Hill.

The debt ceiling limits how much the U.S. can borrow to pay off its debts, meaning if the maximum is not lifted, the country could default and cause a shock to the economy.

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