As Election Day fast approaches and with the House and Senate majorities potentially at risk for Republicans, there is still much work remaining for the 115th Congress in the upcoming lame duck session when Congress returns on November 13. The outcome of the election – namely whether Republicans can retain unified control of the federal government or we enter into a period of divided government – will strongly influence which policy proposals advance.

Undoubtedly, there are a number of factors that could impact which measures are considered in the lame duck. First and foremost will be the degree to which Members of Congress who have been defeated or are retiring will want to actually engage in substantive legislative work. Also, as we enter into the holiday season the window for consideration of legislation and the field of potential measures that can be adopted narrows considerably.