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Obamacare & the 115th

Today, Senate Republican Leader Mitch McConnell (R-KY) announced the Republican leadership’s intention to repeal the Affordable Care Act, also known as Obamacare, quickly into the 115th Congress. While there is no confirmation on a legislative vehicle, the most likely means for Congress to pass something will be the Budget Reconciliation process. This process is also the vehicle that has been suggested to move any tax reform policies.

The slim majority of Republicans in the Senate, which will likely be 51-53 seats, would not be able to overcome the 60 vote cloture requirement. The Budget Reconciliation process would avoid a cloture vote, since the Budget Reconciliation requires a simple majority to pass.

Created by the Congressional Budget Act of 1974, Budget Reconciliation allows for expedited consideration of certain tax, spending, and debt limit legislation.  In the Senate, reconciliation bills are not subject to filibuster and the scope of amendments is limited, giving this process real advantages for enacting controversial budget and tax measures.  This paper addresses some frequently asked questions about reconciliation.

Late Votes, Last Minute Save

With almost two days to spare, the House passed a 10-week stopgap spending bill, passed by the Senate earlier today, that would prevent a government shutdown at the end of this week. The measure passed the House by a vote of 342-85.

As previously mentioned, the measure generally provides continued funding for federal government operations through December 9 at existing levels. There were FY 2016 adjustments for FY 2017, including increase funding to address the opioid epidemic. The measure also provides $500 million in emergency supplemental funding for initial disaster response efforts to severe flooding in Louisiana and other states. It provides $1.1 billion in supplemental funding for activities in response to the Zika virus, including $933 million in domestic funding and roughly $175 million in international funding, with approximately $400 million of the total being offset. Finally, the CR provides full-year FY 2017 appropriations for military construction and for the VA Department, and is identical to the Military Construction-VA appropriations agreement reached in June between House and Senate conferees.

The White House earlier today announced its support for the CR/Zika package.

With that, the House and Senate have voted to keep the government open and operating until December 9th. The bill goes to the President’s desk to be signed, and Congress leaves town to go get reelected.

 

White House Announces Support for CR

Following the Senate’s passage of the CR, the White House issued a Statement of Administrative Policy (SAP) in support of the CR. While the SAP does express concerns and desires for what is or should have been included, the White House does express support for the overall legislation.

Read the SAP here. 

Senate Passes 10-Week Continuing Resolution

Today the Senate passed a 10-week continuing resolution (CR) to fund the federal government through December 9. In addition, the CR also provides $500 million for flood relief in Louisiana and surrounding areas, year-long appropriations for military construction and veterans programs, and $1.1 billion for efforts to mediate the spread of the Zika virus. The House must take action on the CR by Friday in order to avoid a government shutdown, as the federal fiscal year ends on September 30. 

Previously, Senate Democrats blocked the measure because it did not contain funding to help Flint, Michigan, repair its lead-tainted water supply. However, House and Senate leaders have negotiated an agreement, and the House will amend its version of the Water Resource Development Act (WRDA) to provide funding for Flint to mediate its water emergency. 

Senate GOP Releases CR

After scheduling but not voting to debate the Continuing Resolution (CR) measure on Tuesday, the Senate Republicans finally unveiled the measure today and voted to proceed today.  In a bit of political maneuvering, the Senate just adopted by voice vote the motion to proceed and consider the underlying vehicle for the nine week CR (HR 5325, the FY 2017 Military Construction bill).  Majority Leader Mitch McConnell (R-KY) then offered a substitute as well as a cloture motion, amid a rising tide of disagreement among Republicans and Democrats. Senators will have four days to review the text of the Republican-written CR.

Senate negotiators continue to seek an agreement on a stopgap funding bill that would also include a Zika response and full FY 2017 funding for military construction and veterans but negotiations between Senate Republicans an Democrats have been and continue to be contentious.

Republicans insist that the CR is “clean” or free of many of the riders that have bogged down negotiations thus far, such as Senator Ted Cruz’s (R-TX) efforts to prevent the US from turning control of certain internet properties to the UN. That said, the measure would still include emergency funding for flood relief in Louisiana, as well as West Virginia and Maryland and includes Zika funding.

In releasing the bill, Senate Appropriations Committee Ranking Member Barbara A. Mikulski (D-MD)said on the floor that Democrats will oppose the Republican’s substitute, the Republican majority’s first public text of a continuing resolution filed in the Senate.

Despite having text, this process is still a long way from being finished.