AxAdvocacy Expands to California with Marty Wilson at the Helm of New State Practice

The Post-Recess Congressional Outlook Congress returned from its five-week August recess and sent a bill to the President to fund the government through December 11, but the major fiscal and policy fights remain unresolved. That makes the CR a ceasefire, not a resolution — the fight over spending and policy is still ahead. The Clock The calendar is shrinking by the week. The House returned August 31, then canceled its remaining two full work weeks in September, leaving a single four-day session (September 14-17) before members leave for the campaign trail. The Senate has a bit more time, scheduled to stay in session through October 2. The September 30 fiscal-year deadline is no longer the immediate deadline because the CR extends funding through December 11. Neither chamber has the runway to finish the remaining major legislative agenda items before Election Day. The likely outcome is that decisions on government funding beyond December 11, the FY27 National Defense Authorization Act, and the fate of a third reconciliation package extend into the lame-duck session - decided by a Congress that may look different than the one sitting today. Appropriations & NDAA Appropriations and NDAA are traditional must-pass priorities. Reconciliation is optional. Appropriations remain the most immediate pressure point, and the December 11 deadline only buys time on the FY27 spending bills. All twelve have cleared the House Appropriations Committee, but only three have passed the full floor, and the Senate hasn't reported a single one out of committee. That disparity reflects the two chambers' unresolved fight over topline defense and non-defense spending levels. Absent a herculean effort by the leadership of the House and Senate Appropriations Committees, passing any of the outstanding bills across both chambers by year's end is unlikely, and another stopgap will likely be necessary. After six decades of annual enactment, the odds are in favor of Congress ultimately producing an NDAA. The House passed its version in July by a narrow margin, authorizing roughly $250 billion more in defense spending than FY26 levels. The Senate's version is still pending, stalled since a failed July cloture vote, and even once it passes, a conference committee still has to reconcile the two chambers' different versions before anything reaches the President's desk. NDAA hasn't been signed into law before December in any of the last several cycles; last year's version wasn't signed until December 18, and this year is tracking the same way. With no official Senate passed product, the two chambers will begin informal conference discussions in earnest after the Congress officially breaks for the election season. Reconciliation 3.0 Reconciliation is the one item on this list Congress does not have to touch. Republicans already used the process once this year, passing a second reconciliation bill in June that provided roughly $70 billion in funding for ICE and CBP. A third package, built around Iran war funding, agricultural aid, and provisions tied to Republicans' election-law priorities, cleared the House in July, but the Senate has not advanced it. Majority Leader Thune has said he'd rather hold the framework in reserve as leverage for the funding fight than spend it on a standalone package before the election. Its prospects are likely to depend in significant part on how the funding negotiations develop as well as the election outcome. If one or both Chambers flip, look for Republicans to revisit reconciliation efforts as a last-ditch effort to provide funding to the Administration for key priorities prior to the new Congress. What the Election Changes The election will determine how much leverage each side has during the lame-duck period. With the election on November 3 and the CR expiring December 11, the lame-duck Congress would have roughly five weeks to resolve the next round of government funding. If Republicans retain both chambers, they can continue pursuing their legislative agenda, but the incentive to complete major priorities before the new Congress takes office would still depend on the size of their margins and the remaining legislative calendar. If Democrats win either chamber, the outgoing GOP majority faces greater pressure to resolve outstanding priorities before the new Congress takes office, when the balance of power could shift. That could create a final push to lock in NDAA authorization levels and take another run at reconciliation before new members take office in January. The Bottom Line The next sixty days matter more than the usual pre-election lull suggests. The major open questions: the FY27 spending bills, NDAA authorization levels, and whether Republicans pursue a third reconciliation bill, remain unresolved. Organizations with a stake in any of these three fights have a narrower window than usual to get specific asks attached before that happens, and that window closes well before Congress reconvenes in January.