What to expect from Congress’ lame-duck session

Cargo theft costs the trucking industry an average of $18 million a day, according to ATRI research. (Wavebreak Media/Getty Images)

U.S. House and Senate lawmakers returned to work Nov. 9 after the midterm elections upended political power for the next Congress. Republicans still have control for the next five working weeks during the lame-duck period, but would have to be unified in their goals to get anything major accomplished, and outgoing Republican senators could splinter the party.

Democrats may be more interested in passing a short-term budget bill to gain more leverage over spending in the next session when they assume the majority in both chambers.

What does it mean for trucking?

Legislation important to the transportation industry that has advanced through major committees and one chamber of Congress is likely best positioned to make it through the short lame-duck session.

The road ahead for highway spending is uncertain because the House hasn’t brought the BUILD America 250 Act to a full floor vote and the Senate hasn’t introduced its version of multiyear reauthorization for the Infrastructure Investment and Jobs Act. Instead, a short-term bill that extended federal surface transportation programs through Dec. 11 passed in September but excluded $36.8 billion in advance appropriations.

RELATED: Trucking policy after the midterms 

Several bills important to trucking could make it through the lame duck, including those relating to cargo theft and freight fraud, and legislation easing veterans’ access to jobs in the trucking industry.

CORCA

The Combating Organized Retail Crime Act is sponsored by Rep. David Joyce (R-Ohio), who won his re-election and will return to the House next Congress. The bill would create a multiagency division to address retail theft, which smaller carriers in particular say has been harmful to their businesses, according to American Trucking Associations’ Law Enforcement Advisory Board. The legislation passed the House 348-60 in May. The Senate companion bill has been offered as an amendment to the fiscal 2027 National Defense Authorization Act.

Cargo theft rings are targeting freight with greater precision. According to ATRI, it's costing trucking $18 million every day. But we’re fighting back. At #ATAmce26, cargo theft expert Scott Cornell shared insights on how our industry can best protect itself from this increasingly sophisticated criminal activity. ATA's Henry Hanscom and Alex Rosen joined the discussion to highlight our federation's advocacy for the Combating Organized Retail Crime Act, which would strengthen enforcement across state lines.

— American Trucking (@TRUCKINGdotORG) October 20, 2026

DERA

The Diesel Emissions Reduction Act, sponsored by Rep. Doris Matsui (D-Calif.), reauthorizes a program that provides funding for replacing and retrofitting older diesel trucks and engines. It has been approved by the House and reported favorably out of the Senate Committee on Environment and Public Works.

“DERA has helped accelerate the deployment of cleaner, more efficient trucks while supporting the movement of America’s freight,” Henry Hanscom, chief advocacy and public affairs officer for American Trucking Associations, stated after DERA passed the House. “By passing this bipartisan legislation, the House has taken an important step toward ensuring carriers can continue modernizing their fleets, which will deliver fuel savings and further emissions reductions.”

DERA provides grants and rebates to help replace older trucks with more efficient models that reduce fleets’ fuel costs and lower emissions. We thank @DorisMatsui, @KenCalvert, @chelliepingree, and @RepLangworthy for their leadership on this bill that was passed by the House. Read more: https://t.co/iJmixTzXNP

— American Trucking (@TRUCKINGdotORG) September 22, 2026

Civil penalties for noncompliance

The Household Goods Shipping Consumer Protection Act would allow the Federal Motor Carrier Safety Administration to “assess civil penalties against motor carriers, brokers and freight forwarders for violations related to the interstate transportation of household goods.”

The legislation is sponsored by Sen. Deb Fischer (R-Neb.) in the Senate and Del. Eleanor Holmes Norton (D-D.C.) in the House. Its provisions were included in the BUILD America 250 Act, and the Senate bill was reported favorably out of the Senate Committee on Commerce, Science, and Transportation earlier this year.

“This bill would provide FMCSA with explicit authority to assess civil penalties for violations of commercial regulations, and crucially, to withhold registration from applicants failing to provide verification details demonstrating they intend to operate legitimate businesses,” Norton said of the bill when it was first introduced.

Nebraska businesses have been victims of the increased activity of international organized crime syndicates in freight fraud. I met with @tianetdotorg to discuss how my legislation, the Household Goods Shipping Consumer Protection Act, can better protect our shipping industries and hold people accountable for their actions.

— Senator Deb Fischer (@SenatorFischer) September 19, 2025

Veterans in trucking

Several pieces of legislation that may have a shot of passing include efforts to bring more people into the supply chain workforce. The Veterans Transition to Trucking Act is sponsored by Rep. Chris Pappas (D-N.H.), who will enter the Senate in the next Congress, and passed by the House by voice vote in May. The bill allows the Department of Veterans Affairs to streamline approval for some apprenticeship programs to partner with the VA. Its companion bill in the Senate is sponsored by Sen. Richard Blumenthal (D-Conn).

When brave men and women return home from serving our nation in uniform, they continue to serve our communities in countless ways. We appreciate @RepEdwards and @RepChrisPappas for introducing a bill to help veterans obtain good-paying, in-demand jobs in the trucking industry.

— American Trucking (@TRUCKINGdotORG) October 11, 2023

The TRANSPORT Jobs Act, sponsored by outgoing Rep. Tom Barrett (R-Mich.), requires the Department of Transportation to create a public plan to identify barriers for certain armed forces members and veterans in searching or training for supply chain jobs. It also challenges companies to recruit, hire and retain veterans and members of the armed forces. The plan would include long- and short-term recommendations that federal departments, including Transportation, Defense, Veterans Affairs and Labor, could use to address the challenges. It passed the House last year and was included in the BUILD America 250 Act.

TWIC

The Transportation Worker Identification Credential Efficiency Act, introduced by Rep. Troy Carter (D-La.), would direct the Transportation Security Administration to create guidelines for ways to improve access to transportation worker identification credentials for prisoners before they are released.

These credentials, or TWIC cards, are necessary for workers to access secure areas of U.S. maritime facilities and vessels, and they require background checks for eligibility. Under the bill, TSA would have to develop guidelines so that prisoners are assisted in pre-applying or preparing an application for such a card and requesting an appeal or waiver of a preliminary determination of ineligibility. The bill passed the House in September.

“A man’s character shouldn’t be measured by how he falls, it should be measured by how he stands back up. By cutting red tape and streamlining access to the TWIC program, this legislation will address maritime and transportation workforce shortages in the Gulf of America and Louisiana waterways while extending a second chance to formerly incarcerated Americans,” co-sponsor Rep. Clay Higgins (R-La.) said after its passage. Sen. John Kennedy (R-La.) introduced companion legislation Sept. 23.

Appropriations

Regardless of who holds power in Congress, lawmakers need to make decisions on several priority bills, including fiscal 2027 appropriations bills, that will greatly impact the trucking industry.

ATA’s Hanscom wrote in Transport Topics in the wake of the midterms: “That work cannot slow down simply because an election took place. Now is the time to accelerate it, and our federation of trucking associations has produced the road map for a trucking resurgence.”