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FY2021 Spending, New Appropriations Chair (and More COVID Relief?) on Deck This Week

Congress returns to Washington this week after its annual Thanksgiving break.  It has a number of items to address on its collective plate in short order.

Before the current funding mechanism runs out at the end of next week, Congress must pass, and the president must sign, spending bills for FY2021.  Before Congress went home for Thanksgiving last week, an agreement was reached between the leading Democratic and Republican appropriators on how much each of the 12 individual spending bills would receive for the fiscal year.  Those details have not yet been made public.  The deal was centered around a move to push a large omnibus package of bills for FY2021 rather than individual bills.

Although the current belief is that the president would sign the final omnibus package, that is not guaranteed.  The last time President Trump signed such a bill, he warned that he would not sign another one in the future.  The White House has not yet provided any assurances that the president will sign such a measure.

While progress was made before the Thanksgiving recess with respect to FY2021 spending, there was little movement in terms of trying to pass another COVID relief package.  The House Democrats were insisting on a measure totaling more than $2 trillion, while the Senate Republicans were dug in on something much smaller, in the neighborhood of approximately $500 billion.  A number of provisions currently in place are scheduled to expire at the end of the year and it remains to be seen whether the various parties can come to an agreement on new legislation.

Meanwhile, House Democrats are scheduled to pick a new Appropriations Committee chair for the 117th Congress, with current chair Nita Lowey (NY) retiring at the end of this year.  Three women are competing to replace Lowey:  Rosa DeLauro (CT), who chairs the Labor-HHS-Education Subcommittee; March Kaptur (OH), who has the most seniority ofthe three; and Debbie Wasserman Schultz (FL), who is the biggest fundraiser of the three.

 

Do We Have a Deal?

The top appropriators in both chambers of Congress reached an agreement yesterday on a framework for funding levels for the 12 appropriations bills for FY2021, which, in theory, should avoid a government shutdown when the current short term spending measure expires at midnight on December 12.  This development lays the groundwork for a large omnibus spending package for FY2021.  It appears that the negotiators were able to get to a compromise on how to divide up a total of approximately $1.4 trillion that is available in discretionary spending for the bills.  The allocations for the individual measures, however, will not become available until there is a final agreement.

As noted above, the current spending mechanism that has kept the government funded since October 1 expires at midnight on December 12.  Congress must pass, and the president must sign, another spending measure before then to avoid a government shutdown.

At this point, although there seems to be an agreement among Congressional negotiators, there is no guarantee that President Trump will actually sign an omnibus bill.  The last time he signed such a bill, for FY2018, he publicly declared that he would not sign another one.  How the process moves forward remains to be seen.

Read more about the developments here and here.

Upcoming in Congress…

As the Biden administration enters the transition period, including the vetting of cabinet officials, the current Congress begins a lame-duck session. The Senate reconvened on Monday, November 9th, and the House will reconvene on Monday, November 16th. The 117th Congress is set to begin on January 3rd, 2021. President-elect Biden will take office at 12:00pm ET on January 20th, 2021.

To recap:

  • Joe Biden has been elected President, and Kamala Harris has been elected Vice President.
  • President Trump and Vice President Pence’s terms will expire on January 20th, 2021. They are “lame-ducks”, meaning they have a limited amount of time to accomplish remaining agenda items.
  • The House of Representatives is still under Democratic control in the next Congress, by a narrow margin, after Democrats lost a handful of seats.
  • The Senate is very likely still under Republican control in the next Congress, even with uncalled elections in Alaska, Arizona, North Carolina, and Georgia. Republican Senators Sullivan (R-AK) and Tillis (R-NC) are projected to keep their seats. Republican Senator McSally (R-AZ) is expected to lose her seat to Democrat challenger Mark Kelly. A runoff in Georgia is scheduled for January 5th to elect those two seats, one of which is a special election. If Democrats manage to flip those two seats, the balance of the Senate would be 50-50, however this is a heavy lift considering Georgia hasn’t elected a Democratic Senator since 2000.

Looking to the next Congress:

Senate Majority Leader Mitch McConnell (R-KY) has won reelection and is favored to remain in his position. Speaker of the House Nancy Pelosi (D-CA) has also won reelection and will seek another term as Speaker. Leader McConnell confirmed during that during the lame-duck session, the Senate will continue to work on COVID-19 relief and FY21 appropriations.  Speaker Pelosi has announced a similar plan for the House. The National Defense Authorization Act also remains on the to-do list.

The current Continuing Resolution expires on December 11th, after which the Federal Government could shut down without another Continuing Resolution. Democrats and Republicans would have to come to a quick consensus on a variety of issues in order to wrap up FY21 appropriations before Biden takes office. Senate Republicans are expected to release their FY21 numbers in the next day or so.

For the 117th Congress, the members of the Washington delegation remain unchanged except for the addition of Congresswoman-elect Marilyn Strickland (D-WA-10th) replacing Congressman Heck, who will become Lieutenant Governor. Neither of the Washington Senators were up for reelection in 2020. Committee assignments for the 117th Congress should be finalized in January.

We will post relevant updates as they become available.

Supreme Court Nominee Heads to Senate Vote

As expected, the Senate Judiciary Committee cleared yesterday the nomination of Amy Coney Barrett to the U.S. Supreme Court.

With the committee Democrats boycotting the Judiciary Committee activities, her nomination was approved 12 – 0 by the Republicans.  The full Senate could take up her nomination as soon as next Monday.  Read more about the developments here and here.