Beyond the Midterms: Congress Faces Converging Year-End Deadlines

The U.S. Congress will return after the midterm elections facing a crowded and interconnected year-end agenda. The most immediate deadline is December 11, 2026, when the current continuing resolution (CR) expires. The lame-duck session will also require action – or at minimum another temporary extension – on surface transportation programs, portions of the Farm Bill, several healthcare programs and other expiring authorities. At the same time, congressional leaders will work to complete the fiscal year (FY) 2027 National Defense Authorization Act (NDAA), Water Resources Development Act (WRDA), permitting legislation and potentially a year-end tax package.

The central strategic question is whether Congress assembles a broad year-end package or defers the most politically difficult decisions to 2027. If the current majority retains control, leadership has a strong incentive to enact full-year appropriations and selected policy packages before adjournment. Likewise, U.S. House of Representatives Minority Leader Hakeem Jeffries (D-N.Y.) has publicly stated he favors doing the appropriations bills during the lame-duck period.

The most likely year-end legislative architecture is one of the following:

1. a major omnibus or series of minibuses combining appropriations, healthcare extenders, tax provisions and selected authorizations
2. a shorter-term CR, potentially into January or March 2027, accompanied by narrowly tailored extensions
3. a hybrid package that provides full-year funding for some agencies while temporarily extending the remaining appropriations bills and expiring programs

A partial government shutdown remains possible if the parties cannot resolve disputes over spending levels, policy riders, defense funding, healthcare and Trump Administration authorities before December 11, 2026.

Areas covered in this alert:

• FY 2027 Government Funding
• FY 2027 NDAA
• Permitting Reform
• Surface Transportation Reauthorization
• WRDA of 2026
• Farm Bill and Agricultural Programs
• Tax Provisions and Potential Year-End Tax Package
• Healthcare Extenders and Expired Health Provisions
• Other Expiring or Must-Address Authorities
• Legislative Vehicles and Outlook

FY 2027 Government Funding

The current CR funds the government through December 11, 2026. It also temporarily prevents the Office of Management and Budget (OMB) from finalizing or implementing its proposed changes to the federal financial assistance rules through that date. The House has passed three (Agriculture, Military Construction-Veterans Affairs, and National Security-State) of the 12 FY 2027 appropriations bills, while the U.S. Senate had not completed any comparable floor action before the pre-election recess.

Congress therefore has three principal options:

• Enact all or most of the 12 appropriations bills through an omnibus or several minibuses.
• Pass another CR into early 2027.
• Allow funding for some agencies to lapse while completing others.

Important funding issues likely to drive negotiations include:

• defense versus nondefense discretionary spending
• The size and scope of a potential reconciliation spending bill focused on defense supplemental spending needs and other defense spending items
• U.S. Department of Homeland Security and border enforcement funding
• disaster relief and wildfire response
• Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and other nutrition programs
• housing and community development accounts
• transportation and infrastructure funding
• public health preparedness and biomedical research
• Community Project Funding and Congressionally Directed Spending
• policy riders governing federal grants, environmental regulation, abortion, firearms, immigration and agency reorganization
• whether to continue restrictions on the proposed OMB federal-grants rule

The Trump Administration's ability to transfer, withhold, rescind or condition appropriated funds could also become a major negotiating issue. The current funding law's temporary restriction on the OMB grants rule expires with the CR, making that provision part of the December 2026 negotiations.

FY 2027 NDAA

The House passed its version of the FY 2027 NDAA in July 2026. The House bill authorizes defense and national security programs, including U.S. Department of War (DOW) activities, military construction, U.S. Department of Energy national security programs, acquisition policy, research and development, military personnel and defense healthcare. The House measure also contains politically contentious provisions that complicate bicameral negotiations.

The most significant negotiation issues are likely to include:

• the overall defense authorization level
• supplemental requirements associated with overseas military operations
• acquisition reforms, including DOW rights to intellectual property control over equipment repairs
• domestic supply chain requirements
• prohibitions on defense company stock buybacks and dividends
• shipbuilding and munitions production
• artificial intelligence (AI), cybersecurity and emerging technologies
• semiconductor and critical mineral supply chains
• military personnel and healthcare provisions, including pay rates for service members
• restrictions involving China and other foreign entities of concern
• election-related or other nondefense policy provisions added in the House
• the relationship between NDAA authorizations and actual DOW appropriations

In the Senate, the bill has not reached the floor. The Senate Committee on Armed Services reported its version, but the Senate failed to invoke cloture on the motion to proceed to the bill, and it has taken no further floor action. As a result, any negotiations on the issues above will likely be informal between the House-passed bill and Senate committee-reported version.

The NDAA has historically been enacted annually, for 65 consecutive years, giving leadership a strong incentive to reach a conference agreement. It could move as a stand-alone conference report or as part of a broader year-end package.

Permitting Reform

Permitting reform moved substantially closer to a bipartisan legislative deal on September 30, 2026, when Senate negotiators unveiled the Bipartisan American Affordability and Jobs Act of 2026. The agreement – negotiated by Senate Committee on Energy and Natural Resources leaders Mike Lee (R-Utah) and Martin Heinrich (D-N.M.) and Senate Committee on Environment and Public Works leaders Shelley Moore Capito (R-W.Va.) and Sheldon Whitehouse (D-R.I.) – represents the most significant bipartisan permitting framework in the Senate in several years. The legislation is intended to accelerate federal environmental reviews, reduce litigation uncertainty, facilitate transmission development and provide greater certainty for permitted energy and infrastructure projects.

Key provisions include:

• National Environmental Policy Act (NEPA) review timelines, including a two-year deadline for Environmental Impact Statements and a one-year deadline for Environmental Assessments, with consequences for agencies that miss the deadlines
• judicial review reforms, including a 150-day window for challenges under NEPA, Clean Water Act (CWA), Endangered Species Act (ESA) and National Historic Preservation Act (NHPA), along with limits on who may bring certain challenges
• greater protection for already-permitted projects, limiting the ability of subsequent administrations to reverse or block approved projects absent specified circumstances
• transmission siting and planning reforms, including expanded Federal Energy Regulatory Commission authority over interstate transmission and measures intended to accelerate regional and interregional transmission development
• data center cost allocation, requiring data centers to pay the transmission costs associated with their electricity demand rather than shifting those costs to other ratepayers
• CWA Section 401 reforms, including limits on the scope of state water-quality reviews for certain gas pipeline and transmission projects
• ESA consultation reforms, including the ability for qualifying states to conduct certain consultations
• NHPA and Tribal consultation reforms, establishing a parallel consultation process with defined timelines
• limits on litigation remedies and stays, intended to reduce the ability of litigation to indefinitely delay projects
• broader reforms affecting energy, mineral and infrastructure projects, including provisions designed to accelerate development of critical minerals and other strategically important resources

The agreement represents a significant shift from earlier political dynamics. Rather than Republicans and Democrats negotiating primarily over whether permitting reform should occur, the current negotiations focus more heavily on the scope and implementation of a framework that both sides have agreed to pursue. Republicans secured substantial reforms to environmental review, litigation and project certainty, while Democrats secured provisions focused on transmission, grid expansion, clean energy deployment and protections for previously approved projects. The inclusion of data center transmission costs is also notable given the rapidly increasing electricity demand associated with AI and data center development.

The timing remains uncertain. Senate leaders indicated that the bill will not receive a vote before the November 3, 2026, midterm elections, with negotiators instead targeting the post-election lame-duck session. Sen. Capito has indicated that the legislation could be among the first matters taken up when the Senate returns, although the bill will still need to clear the Senate, House and presidential approval.

The agreement also does not resolve every issue. Negotiators are continuing discussions with the Trump Administration concerning treatment of previously approved renewable projects, particularly wind and solar, and additional amendments are possible before a final vote. Environmental and industry groups have offered differing reactions to the proposal, reflecting continued disagreement over the appropriate balance among expedited project approvals, environmental review and judicial oversight.

Surface Transportation Reauthorization

Congress has temporarily extended federal surface transportation authorities through December 11, 2026, giving lawmakers an additional two months to negotiate a longer-term reauthorization. The extension was enacted as part of the Continuing Appropriations and Extensions Act, 2027, signed on September 2, 2026. It generally covers the Highway Trust Fund and other surface transportation programs at prorated FY 2026 levels during the extension period.

The extension does not restore the Infrastructure Investment and Jobs Act (IIJA) Division J advance appropriations for FY 2027. As a result, several programs that had received advance appropriations under the IIJA – including Safe Streets and Roads for All, the Bridge Investment Program, National Electric Vehicle Infrastructure Formula Program (NEVI), Consolidated Rail Infrastructure and Safety Improvements Program (CRISI), National Infrastructure Project Assistance program (MEGA) and Federal-State Partnership for Intercity Passenger Rail – do not receive new FY 2027 funding through the extension. 

The principal long-term vehicle remains the House's BUILD America 250 Act (H.R. 8870), a bipartisan five-year reauthorization negotiated by Committee on Transportation and Infrastructure (T&I) Chair Sam Graves (R-Mo.) and Ranking Member Rick Larsen (D-Wash.). The committee approved the measure 62-2 on May 22, 2026, but the bill has not yet advanced to House floor consideration. The measure would authorize approximately $580 billion over FY 2027 through FY 2031 for highways, bridges, transit and rail and includes significant project delivery and permitting reforms.

Among the bill's notable provisions are:

• a new annual $130 fee for electric vehicles and $35 fee for plug-in hybrids
• continued highway and transit funding at levels generally comparable to the IIJA, though without the inclusion of advanced appropriations
• $64 billion authorized for Amtrak and competitive rail programs
• a new Surface Transportation Accelerator Grant (STAG) program
• a framework governing autonomous commercial motor vehicles
• rail safety and passenger rail reforms
• changes intended to streamline environmental review and project delivery

Funding remains a central obstacle to final agreement. BUILD America 250 would establish a new Highway Trust Fund revenue stream through electric vehicle (EV) and plug-in hybrid fees, reflecting House Republicans' emphasis on the user-pays principle. Despite this new revenue, Congress would still need to address the broader structural imbalance between Highway Trust Fund receipts and authorized spending. The House Committee on Ways and Means has yet to move forward its portion of surface transportation reauthorization, which is needed to address Highway Trust Fund solvency and the appropriate mix of new user fees, General Fund transfers and spending levels.

In addition to Highway Trust Fund solvency, some top issues in the BUILD America 250 Act that will require broader negotiation before House passage include:

• EV and plug-in hybrid fees
• transit funding levels
• rail safety provisions
• permitting and environmental review
• the treatment of IIJA programs previously supported through Division J advance appropriations

Although the BUILD America 250 Act is awaiting passage on the House floor, the Senate has not yet advanced any surface transportation reauthorization text. Unlike the House – where the majority of transportation programs are authorized by the Transportation and Infrastructure Committee – the Senate has three authorizing committees of jurisdiction: Environment and Public Works (EPW) (highways), Banking (transit) and Commerce, Science, and Transportation (rail and safety). None of these committees has publicly produced text or held a markup to date, nor has the Senate Committee on Finance taken steps to address the Highway Trust Fund issues from the Senate perspective. 

The Trump Administration remains an important factor in negotiations, particularly because the final reauthorization will need to align with its transportation, infrastructure and regulatory priorities. The absence of a completed Senate counterpart also leaves open questions about which provisions of BUILD America 250 can attract sufficient Senate support and whether the House bill will ultimately serve as the negotiating baseline.

WRDA of 2026

Congress has made substantial progress toward enacting WRDA 2026, the biannual legislation authorizing U.S. Army Corps of Engineers policy and projects. The House passed its bipartisan WRDA bill (H.R. 9497) by an overwhelming 415-9 vote on September 16, 2026, following unanimous approval by the House T&I Committee in July. The Senate EPW Committee separately approved its bipartisan WRDA bill (S. 4949) unanimously in July. The two bills now provide the basis for bicameral negotiations.

The House bill authorizes Army Corps projects and studies addressing navigation, flood and storm risk management, shoreline protection, ecosystem restoration, water supply, environmental infrastructure and other water resources priorities. It also includes reforms intended to accelerate Army Corps project delivery, provide greater flexibility to nonfederal project sponsors, modernize contracting and alternative-delivery authorities, and improve accountability for project schedules and costs. The House legislation includes 14 new or modified construction projects, more than 100 new feasibility studies, and over $6 billion in new and modified environmental infrastructure authorities.

The Senate measure similarly authorizes Army Corps projects and feasibility studies while extending the U.S. Environmental Protection Agency (EPA) Drinking Water and Clean Water State Revolving Fund (SRF) authorizations and discretionary grant programs. The Senate bill authorizes 61 feasibility studies and 15 new or modified construction projects and includes provisions addressing flood risk management, navigation, ecosystem restoration, environmental infrastructure and water infrastructure resilience.

The major bicameral issues include:

• differences in authorized projects and feasibility studies
• nonfederal cost-share requirements and project financing provisions
• Army Corps project delivery, contracting and alternative delivery reforms
• flood control, navigation, ecosystem restoration and drought priorities
• water supply and reservoir operation provisions
• Harbor Maintenance Trust Fund and navigation-related provisions
• Drinking Water and Clean Water authorizations included in the Senate package
• per- and polyfluoroalkyl substances (PFAS) and other emerging contaminant provisions
• environmental review and Army Corps-permitting changes
• community-specific environmental infrastructure authorizations
• differences in the scope of provisions addressing Army Corps efficiency, project delivery and reporting requirements

The Army Corps has been directly involved in the development of WRDA 2026. In February, the House T&I Committee and Senate EPW Committee held hearings on the Army Corps' priorities for WRDA 2026, receiving testimony from Assistant Secretary of the Army (ASA) for Civil Works Adam Telle and Army Corps Chief of Engineers Lt. Gen. William Graham.

The EPA has emphasized improving the speed and effectiveness of SRF implementation, particularly for drinking water, wastewater and stormwater projects, and smaller and rural communities. EPA convened states, water systems and other stakeholders in July to identify ways to reduce implementation delays. At the same time, the Trump Administration's FY 2027 budget request proposed substantially lower EPA Clean Water and Drinking Water SRF and discretionary grant funding than FY 2026 enacted levels, making the Senate's inclusion of SRF authorizations particularly relevant to the broader federal water infrastructure debate.

WRDA's traditional bipartisan structure remains an important factor. The House vote demonstrates broad support for the Army Corps authorization package, while the unanimous Senate committee vote indicates that the core WRDA framework has bipartisan backing in both chambers. The principal challenge is therefore likely to be resolving differences between the House and Senate packages and managing the legislative calendar rather than assembling basic support for WRDA itself.

WRDA authorizes projects and programs; it does not itself provide the annual appropriations necessary to construct authorized projects. Consequently, enactment would establish new project and program authorities, while subsequent appropriations and the Army Corps' implementation decisions will determine the pace at which those authorities translate into actual federal spending.

Farm Bill and Agricultural Programs

The Farm Bill is entering a potentially significant post-election negotiating period. The 2018 Farm Bill was extended through September 30, 2026, while the 2025 reconciliation law separately extended or modified several major Farm Bill programs – including commodity and conservation programs – through 2031. The current FY 2027 CR funds U.S. Department of Agriculture (USDA) operations through December 11, 2026, but it does not provide a new broad extension of the remaining 2018 Farm Bill authorities.

The House passed the Farm, Food, and National Security Act of 2026 on April 30, 2026, by a 224-200 vote. The Senate has now moved substantially closer to the House: On September 16, 2026, the Senate Committee on Agriculture advanced Chair John Boozman's (R-La.) Agricultural Act of 2026 (S. 5526, or Farm Bill 2.0), and the committee formally reported the bill on September 24, 2026. The Senate bill would reauthorize agricultural and nutrition programs through FY 2031.

The Senate's action is important because it establishes a formal Senate vehicle for bicameral negotiations rather than leaving the House bill and Senate discussion draft as separate negotiating concepts. Chair Boozman said on September 25, 2026, that he intended to begin negotiations with the House in October and wanted a final Farm Bill that could pass both chambers and reach the president before the end of the year.

The two bills overlap on a number of agriculture priorities but retain significant differences, particularly on nutrition policy and the Supplemental Nutrition Assistance Program (SNAP).

Other areas of negotiation include:

• SNAP eligibility, benefit administration and state cost-sharing, including the timing and structure of new state responsibilities
• commodity program and crop insurance support
• conservation program structure, funding and eligibility
• agricultural disaster assistance
• rural development
• forestry and wildfire programs
• trade and international food assistance
• specialty crops, research and animal health programs
• pesticide labeling and liability
• hemp regulation
• energy and biobased programs
• USDA procurement and Buy American requirements
• E15 and biofuel policy, including the Senate bill's provision authorizing year-round sales of E15 gas

SNAP remains one of the principal obstacles to a bipartisan agreement. The Senate negotiations in August 2026 included changes to the proposed SNAP state cost-sharing provisions, but Senate Democrats continued to seek additional time before states assume the new financial responsibilities. Sen. Amy Klobuchar (D-Minn.) stated in September 2026 that Democrats were pursuing a two-year delay in the cost shift rather than the one-year delay currently under consideration. Democrats are unlikely to concede on this issue, as it remains a priority for the party's base. Support for a two-year delay is particularly important in more liberal districts, where backing the proposed cuts could expose members to primary challenges.

The legislative landscape has also changed because several agricultural policy issues that previously would have been addressed primarily through the Farm Bill have already been affected by the 2025 reconciliation law. USDA says the law provided additional funding and authorization through 2031 for major conservation programs, including the Environmental Quality Incentives Program, Conservation Stewardship Program, Agricultural Conservation Easement Program and Regional Conservation Partnership Program. It also expanded commodity program support, including authority to allocate up to 30 million additional base acres for Agriculture Risk Coverage (ARC)/Price Loss Coverage (PLC) purposes. USDA began 2026 ARC/PLC enrollment on September 16, 2026, and will continue enrollment through December 11, 2026.

The Trump Administration is simultaneously implementing significant agriculture policy changes outside the Farm Bill. USDA has emphasized a "Farmers First" approach, including expanded commodity program support and efforts to streamline farm lending. In September 2026, USDA announced changes intended to speed Farm Service Agency loan processing, reduce administrative burdens and modernize the guaranteed loan system.

The timing is now particularly important. Congress has already adjourned for the pre-election period, with the Senate leaving Washington, D.C., on September 30, 2026, and the House also entering the campaign recess. As a result, substantive Farm Bill negotiations are likely to occur after the November elections, even though Chair Boozman has indicated that he wants negotiations to begin in October. The post-election lame-duck session will therefore be the principal window for determining whether the House and Senate can reconcile their bills before the end of the year.

If Congress cannot complete a comprehensive Farm Bill, it will need to address the remaining expiring authorities separately. The current CR provides funding through December 11, 2026, but it does not substitute for a comprehensive Farm Bill reauthorization. The 2018 Farm Bill's remaining authorities therefore remain an important year-end legislative issue, particularly for programs that were not separately extended or modified by the 2025 reconciliation law.

Tax Provisions and Potential Year-End Tax Package

Congress may consider a bipartisan year-end tax package when it returns from the November elections. Notable tax policies that could be part of a post-election agenda include:

• Work Opportunity Tax Credit extension
• enhanced Affordable Care Act Premium Tax Credit extension
• Advanced Manufacturing Investment Credit (Section 48D)
• tax administration reforms
• affordable housing tax incentives
• crypto/digital asset tax
• child and family tax provisions
• U.S.-Taiwan tax agreement
• film and TV production tax incentive
• revisit of the modifications to the gambling loss deduction, business interest limitation (Section 163(j)) and alternative energy tax credit phaseouts included in the 2025 reconciliation law
• technical corrections to the tax code

Healthcare Extenders and Expired Health Provisions

Congress faces a significant, but more targeted, list of healthcare policies expiring on or before December 31, 2026. The scope of the year-end healthcare extender package has narrowed following enactment of the Consolidated Appropriations Act, 2026, which extended or modified several previously expiring Medicare, Medicaid, telehealth and public health authorities. Most notably, Medicare telehealth flexibilities were extended through December 31, 2027.

The principal provisions still requiring congressional attention include:

• temporary 2.5 percent Medicare Physician Fee Schedule payment increase, which expires December 31, 2026
• Community Health Center Fund mandatory funding
• National Health Service Corps funding
• Special Diabetes Program and Special Diabetes Program for Indians
• Medicare low-volume hospital payment adjustment
• Medicare-Dependent Hospital program
• Geographic Practice Cost Index floor
• certain public health preparedness and national security authorities
• Clinical Laboratory Fee Schedule payment cut delay
• temporary inclusion of certain authorized oral antivirals in Medicare Part D
• No Surprises Act implementation funding
• certain additional public health, workforce and safety net authorities

The Community Health Center Fund is particularly important because its current mandatory funding authorization expires December 31, 2026, while the federal government's broader appropriations authority under the current CR expires December 11, 2026. The result is two closely spaced year-end deadlines, both falling after the November elections. Estimates highlight that the mandatory Community Health Center Fund accounts for approximately 70 percent of federal grant funding for health centers.

The physician payment issue is likely to be another central component of the year-end negotiations. The Centers for Medicare & Medicaid Services (CMS) has already proposed the calendar year (CY) 2027 Medicare Physician Fee Schedule, providing a regulatory framework for 2027 payment policy, but the separate statutory 2.5 percent temporary increase remains scheduled to expire at the end of 2026 if Congress does not act to extend it – though discussions are actively underway on its potential inclusion and a corresponding offset or payfor. CMS' proposed rule also addresses broader physician payment and value-based care policies, including changes to the Medicare Shared Savings Program, which would take effect January 1, 2027, if finalized as proposed.

Several provisions that had previously been viewed as year-end priorities have already been pushed beyond 2026. In particular:

• Medicare telehealth flexibilities have been extended through December 31, 2027
• Medicare outreach and assistance funding for low-income beneficiaries has been extended through December 31, 2027
• ground ambulance add-on payments have been extended beyond 2026
• Teaching Health Center Graduate Medical Education funding has been extended through FY 2029
• the Acute Hospital Care at Home initiative has been extended through September 30, 2030

The year-end health package could nevertheless become a vehicle for additional policy changes beyond straightforward extensions. Potential provisions include:

• pharmacy benefit manager (PBM) transparency and contracting reforms
• site-neutral Medicare payment policies
• Medicare physician payment reforms
• rural hospital and rural health support
• Medicaid program integrity provisions
• laboratory payment reform
• provider directory and prior authorization requirements
• prescription drug pricing and transparency provisions
• pandemic and public health preparedness
• community health and workforce investments
• additional healthcare affordability and transparency provisions

The 2026 appropriations legislation demonstrates that Congress is willing to combine traditional healthcare extenders with substantive policy reforms. That package included PBM-related provisions and other health policy changes rather than simply extending expiring authorities.

The Trump Administration is also pursuing health policy changes independently of congressional extender legislation. CMS' CY 2027 Physician Fee Schedule proposal reflects the Trump Administration's emphasis on payment reform, accountable care and rural health access. CMS has also continued implementing the Trump Administration's rural health agenda through the Rural Health Transformation Program, including substantial FY 2026 awards to states for rural hospitals, community health centers, workforce development, technology and care coordination.

The Trump Administration's rural health investments could affect the congressional debate over safety net funding. For example, in September 2026, CMS announced $76 million for New York and nearly $23 million for Delaware under the Rural Health Transformation Program, with funding directed toward rural health networks, Federally Qualified Health Centers, technology, workforce and expanded access.

Already expired or otherwise unresolved provisions may also be candidates for restoration or modification. The enhanced Affordable Care Act premium assistance remains a substantially larger and more politically contentious issue than the traditional Medicare and public health extenders. Any effort to restore or expand those subsidies would have significantly greater budgetary implications and would likely require a broader political agreement than the relatively routine extender provisions.

Other Expiring or Must-Address Authorities

The broader year-end legislative agenda will extend beyond the major Farm Bill, healthcare, transportation and tax negotiations. Several programs either face year-end deadlines or could become vehicles for additional provisions during the post-election session.

National Flood Insurance Program (NFIP)

Congress most recently extended the NFIP through December 11, 2026, in the current CR, so the program's authorization and borrowing authority now expire alongside government funding. The House has separately considered legislation that would extend the NFIP, while broader reforms involving flood mapping, affordability, mitigation, risk rating and repetitive loss properties remain unresolved.

The NFIP could therefore become part of the year-end appropriations or other must-pass legislation. The principal question is whether Congress simply provides another short-term extension or uses the deadline to advance longer-term reforms. The Federal Emergency Management Agency (FEMA) has previously proposed a multiyear reauthorization framework, including an extension through 2035, but Congress has not enacted a comparable long-term reauthorization.

Toxic Substances Control Act (TSCA) Fee Authority

EPA's authority to collect fees for authorized TSCA implementation costs expires on December 11, 2026. Though there have been hearings on discussion drafts that included potential reauthorization measures in both chambers and months of bipartisan committee staff engagement on a number of provisions that could be enacted as part of a fees extension, there remains significant disagreement on the scope and substance.

The lame-duck session will present an opportunity for additional advocacy for TSCA reform measures that could be included in a fees reauthorization package or, as an alternative, Congress could also pursue a clean reauthorization if agreement on additional provisions can't be reached.

Temporary Assistance for Needy Families (TANF)

TANF is now funded through December 31, 2026. The Consolidated Appropriations Act, 2026, provided the current extension. The Congressional Research Service notes that TANF has historically been funded through a series of short-term extensions, with the most recent legislation continuing funding through the end of CY 2026.

The December 31, 2026, deadline makes TANF a potential component of a broader lame-duck package, but there is currently no clear indication that Congress is preparing a comprehensive restructuring. A further short-term extension remains a straightforward fallback if broader welfare policy negotiations do not advance.

Federal Aviation Administration (FAA) and Transportation Authorities

Aviation and transportation programs will remain part of the year-end legislative landscape, although the major surface transportation authorities have already been extended through December 11, 2026. However, the FAA programs expire in FY 2028.

The House has already advanced the BUILD America 250 framework, while the Senate has not yet completed a comparable comprehensive reauthorization. Aviation programs and FAA authorities could also become part of the broader December 2026 negotiations, particularly if Congress uses an appropriations or transportation package to bridge unresolved authorization issues.

Public Health Preparedness

Several public health and emergency preparedness authorities remain potential year-end issues, including programs involving the Biomedical Advanced Research and Development Authority, National Disaster Medical System, Medical Reserve Corps and other preparedness and response programs.

The Trump Administration continues to emphasize preparedness, domestic medical manufacturing and national security-related health capabilities. At the same time, the scope and funding of federal public health programs remain subject to broader appropriations negotiations. The December 11, 2026, funding deadline therefore provides a potential vehicle for addressing authorities and funding questions that remain unresolved.

Veterans Programs

Healthcare, benefits, housing and administrative programs for veterans are generally funded through the annual appropriations process, although Congress may encounter individual authorization or policy issues requiring year-end action. Veterans' programs could become part of the final appropriations package or other must-pass legislation, particularly where new authorities or funding adjustments are necessary for FY 2027 implementation.

Disaster and Emergency Funding

Disaster assistance remains a potential source of supplemental appropriations pressure. Hurricanes, flooding, wildfires and other natural disasters could generate requests for additional FEMA, agricultural and other emergency assistance before the end of the calendar year.

Disaster supplemental appropriations can also serve as a negotiating vehicle because they frequently attract bipartisan support while providing an opportunity to address unrelated but must-pass provisions. The scope and timing of any supplemental appropriations will depend heavily on the scale of disaster-related needs between now and the end of the year.

Workforce and Education

Workforce policy is not subject to a single December 31, 2026, statutory cliff, but Congress may revisit implementation of the Workforce Innovation and Opportunity Act, apprenticeships, Pell Grant changes, adult education and workforce development programs through appropriations or other year-end legislation.

The Trump Administration has emphasized workforce development, skills-based education and expanded apprenticeship opportunities. These priorities could create opportunities for targeted provisions, although a comprehensive workforce reauthorization is unlikely to be a principal focus of the lame-duck session.

Legislative Vehicles and Outlook

The principal legislative vehicles available during the post-election period are:

1. FY 2027 appropriations legislation or another CR, with the current funding deadline of December 11, 2026
2. FY 2027 NDAA, if Congress completes the conference and floor process
3. WRDA 2026, which has already made progress through both chambers and is now primarily a bicameral reconciliation exercise
4. a surface transportation extension or reauthorization, with existing authorities currently extended through December 11, 2026
5. a Farm Bill, with House and Senate bills now available for bicameral negotiations
6. a healthcare extenders package
7. a year-end tax or technical corrections package
8. NFIP and TANF extensions
9. supplemental appropriations for defense, disaster relief, public health, agriculture or other emergency needs

The legislative calendar creates an unusual concentration of deadlines. December 11, 2026, is the most important immediate date, because appropriations, surface transportation authorities and several other programs converge around that deadline. December 31, 2026, remains important for TANF, healthcare authorities and other CY provisions.

That concentration creates opportunities for leadership to assemble a larger year-end legislative package, but it also increases the risk that disputes over one policy area could complicate otherwise bipartisan legislation. Provisions with broad bipartisan support – including routine extensions, disaster assistance, WRDA provisions and selected healthcare authorities – could move efficiently once leadership establishes a must-pass vehicle. More controversial provisions involving spending reductions, regulatory policy, social programs or tax policy could prove more difficult to incorporate.

Conclusion

Congress will return after the November elections with a compressed but consequential lame-duck agenda. The December 11, 2026, funding deadline will be the principal forcing mechanism, while NDAA, WRDA, Farm Bill, permitting reform, surface transportation, healthcare extenders, tax provisions and other expiring authorities compete for limited legislative time. Several measures already have bipartisan frameworks or have advanced through committee, creating opportunities for year-end enactment, but significant differences remain on appropriations, SNAP, Highway Trust Fund financing, healthcare offsets, permitting and other contentious issues.

The election results, scope of the post-election appropriations negotiations and ability of House and Senate leaders to preserve bipartisan coalitions will determine which measures move before the 119th Congress adjourns and which are deferred to 2027. The key indicators will be the post-election treatment of the December 11, 2026, funding deadline and whether Congress moves forward on the bipartisan permitting, WRDA, Farm Bill, NDAA and healthcare frameworks already in development.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.