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Appropriations Update: Shutdown Possible?

Congress returns to the Capitol today to begin a long week of work before the Thanksgiving break. There are roughly 11 working days before the next continuing resolution (CR) runs out on December 11th so Congress continues to consider their options for completing FY 2015 appropriations. House and Senate Republican leaders keep insisting they don’t want another government shutdown, but rank-and-file members continue to look for ways to oppose President Obama’s executive actions on immigration and environmental policies. This caustic political environment is eerily similar to the one that led to last year’s government shutdown.

So far, House and Senate appropriators insist they are making headway in writing a FY 2015 omnibus spending package that they hope to have ready for the floors by the week of December 8th. That won’t leave lawmakers much time to complete their work so options are also being considered, such as another short-term CR – for a week or so – to allow lawmakers time to vote on the omnibus, a year-long CR to fund government through September 2015, or a shutdown to force the President to take action (or not take action) on certain policies. Unfortunately, we won’t know which way they are leaning until after Thanksgiving.

In other budget news, last week the House GOP considered lifting the ban on earmarks. They had their most extensive debate in years over reviving earmarks for states, local governments, public utilities, or other public entities, but ultimately they decided to keep the ban that has been in place since 2011. The debate suggests there is some interest in returning to earmarks that some appropriators believe would help move the annual spending bills. Under current House rules, appropriations bills can include specific line-item spending projects as long as the President includes it in his budget. At least for now, earmarks will be off the table for the 114th Congress.

Final Action on CR Today

Yesterday, the House approved a $1 trillion continuing resolution (CR) to keep the government funded through December 11, 2014. The 21-page CR would fund the government at an annual rate of $1.012 trillion. The 319-108 vote sends the bill to the Senate, which is also expected to approve the measure. The Senate will start considering the House-passed CR this afternoon and there could be more than four hours of debate before final passage in the Senate.

The measure was approved in the House after lawmakers first voted to add language authorizing a program to train and equip moderate Syrian rebel groups to fight the Islamic State in Iraq and Syria (ISIS). The measure also includes additional funding to fight the Ebola epidemic, to assist the Department of Veterans Affairs, and to beef up support for the Commodity Supplemental Food Program, which helps low-income people obtain nutritious food. Finally, the bill extends the charter for the Export-Import Bank, which backs US exports, through June 30, 2015. No new funding for border-related issues is included in the bill.

The legislation fulfills the guidelines of the budget agreement reached by budget committee chairmen Congressman Paul Ryan (R-WI) and Senator Patty Murray (D-WA) last December, and comes after both chambers failed to pass all 12 individual appropriations measures. The House had passed seven FY 2015 appropriations bills under an open amendment process, while the Senate did not pass any.

With action taken on the CR, Congress will adjourn until after the November elections, returning to work on November 12th. At that time, they will begin negotiating a final FY 2015 omnibus measure before the new December 11th deadline.

HELP Committee Passes ESRA

This morning, the Senate Health, Education, Labor and Pensions (HELP) Committee marked up a bill to reauthorize the Education Sciences Reform Act or ESRA. The Senate Committee passed voice vote a bipartisan substitute amendment that closely tracks the House-passed version of this bill, H.R. 4366, the Strengthening Education through Research Act. The House passed the bill in March of this year.

ESRA authorizes education research activities at the Institute of Education Sciences, which is the research arm of the Department of Education.

The Senate version of ESRA represents a bipartisan, bicameral agreement on H.R. 4366.  After it is approved by the full Senate, the House is expected to approve the Senate’s changes to the bill before it goes to the President.

The schedule for Senate floor action and final House action is not yet clear. It is unlikely the bill receive final Congressional approval before the November elections.

FY 2015 CR to Advance this Week

The House is expected to vote on Wednesday or Thursday on the FY 2015 Continuing Resolution (CR) to keep federal government funded through December 11th. The Senate hopes to follow that with a vote by the end of the week. This will allow members to vacate the Capitol until after the November elections. But first the House has to pass the measure, which is not without controversy. The measure will likely include an amendment that would authorize the Obama administration to train and arm Syrian rebels against the insurgent terrorist organization known as ISIS, though some lawmakers would like to give the President broader authority to use force. Disagreements also linger on the length of the CR as well as an extension of the Export-Import Bank’s charter.

A defeat on the measure would force the leaders to scramble to find another way to move a CR to avoid a shutdown when the new fiscal year begins October 1st.

Action Delayed on FY 2015 CR

The House has postponed consideration of their FY 2015 continuing resolution (CR) to give members more time to review a White House request to arm Syrian rebels. It appears that they will not take action on the CR until next Wednesday, which could push the final action on the spending measure right up to the October 1st deadline. In addition to concerns about whether to authorize administration action against the Islamic State terrorist group, there are also concerns about a planned extension of the Export-Import Bank and a dispute over the length of the continuing resolution.

By delaying the vote until midweek, GOP House leaders may be seeking the upper hand over the Democrat-controlled Senate in shaping the final bill. With the House adjourning at the end of next week until after the mid-term elections, the Senate would have almost no time to make changes to the legislation and send the revisions back to the House before the chamber’s lawmakers adjourn. It could leave the Senate with little choice but to accept the deal, or be seen as forcing a government shutdown when the new fiscal year begins October 1st.

It is still too early to know if any shutdown threat actually exists, but lawmakers will need to work quickly in a short period of time to avoid that situation. The House appears to be sticking (for now) to their scheduled break at the end of next week. The Senate had hoped to adjourn by September 23rd but the delay may require them to come back in the last few days of September to take final action.