Read Government Relations Consultant AJ Donelson’s update below:
October 25, 2022
Congress returns after the midterms to face an extremely busy agenda in a “lame duck” session, the period of time between the midterms and before a new Congress begins in January. While lawmakers will focus on “must pass” government funding and other high-profile issues, ARAWC will continue to monitor (and oppose) efforts to limit the use of arbitration provisions, which are commonly used in Texas injury benefit plans.
The Forced Arbitration Injustice Act (FAIR Act) and the Employee and Retiree Access to Justice Act (contained in the Mental Health Matters Act) both contain provisions limiting the use of arbitration provisions. Both bills were approved by the House and are awaiting action in the Senate.
Both bills, however, face a crowded legislative agenda. Higher priorities for the lame duck session include:
- Government funding. The current extension expires December 16. Congress must pass another extension before that date to avoid a government shutdown. Since the funding bill is considered must pass legislation, the bill becomes a magnet for measures that can’t pass as stand-alone legislation but that can be tacked on as an amendment to the government funding bill. ARAWC will keep a close eye on efforts to attach provisions limiting the use of arbitration provisions.
- National Defense Authorization Act. Both parties consider the annual defense spending authorization bill “must pass” legislation. Again, this is another opportunity for proponents of limiting arbitration provisions.
- Marriage Equality Act. The House passed a bill to codify the right to same-sex and interracial marriage. The Senate is working on its own version of the legislation.
- Election Reform. In the wake of the January 6 attack, the Senate is working on legislation to make it harder to overturn a certified presidential election. In September, the House passed its own version of the legislation.
- Congressional Stock Trading. The House is working on legislation to restrict lawmakers from trading stocks.
- Judicial Nominations. There are 44 nominations for the federal judiciary awaiting Senate confirmation. There are 83 vacancies to fill in total.
- Debt limit. It is not quite clear when the nation will run up against the debt ceiling, but efforts to increase the debt ceiling are an ongoing high stakes political battle, despite the fact that not increasing the debt ceiling would throw the nation into default.With such a crowded legislative agenda, it is it is very possible Congress will not have time to take up either of the two House passed bills which contain provisions to limit the use of arbitration provisions. At the same time, ARAWC will guard against efforts to pass the legislation as an amendment to must pass legislation like government funding or the defense authorization bill.