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Boehner’s Retirement Means CR Likely to Pass

With Speaker John Boehner’s (R-OH) surprise retirement announcement on Friday, the forecast for Congress to actually pass a Continuing Resolution (CR) and keep the federal government operating are better than ever. Last week, prior to Boehner’s announcement, the Senate failed to pass a CR because the legislation included language to withhold any federal funds going to Planned Parenthood. With the failure of that Senate bill, the path was cleared to have the Senate pass a “clean” CR, meaning a measure without political policy riders such as the Planned Parenthood language.

While something may pass the Senate, passing a clean measure in the House was always going to be more challenging given the Republican caucus. Many Republican House Members had declared that they would never vote for a measure that allowed Planned Parenthood access to federal funds.Conservative Republicans have demanded such a provision, but it has already failed in the Senate and the President has pledged to veto it.  Further, the same Members have vocally castigating the Speaker for “compromising” on legislation and working with the House Democratic caucus to craft a bill that would pass the House. Rhetoric prior to the retirement announcement was similar on the CR for potentially eliminating Planned Parenthood language.

Boehner stated shortly after his retirement announcement that he would ensure the House would pass a clean CR, which would fund the federal government until December 11th. Additionally, Boehner has said that he will rely on Democratic support to pass a CR in the House.

While Friday’s announcement may avert an immediate shutdown, what happens later this fall is far from clear. The threat of another funding funding cliff is more than likely, with the expiration date of the short-term CR potentially coinciding with the debt ceiling fight and the expiration of tax breaks. There’s also the highway bill, two major education bills, and reauthorization of the Federal Aviation Administration.

Congress has until midnight September 30th to pass an appropriations bill to keep the federal government running.

Meanwhile, Boehner’s retirement has set off a scramble for the House Republican Leadership positions, so who will land where, in what role, and how they will handle the ever polarized caucus remains to be seen.

Move to Defund Planned Parenthood Fails in Senate

Senate Democrats and a eight Republicans blocked a proposal that a constituted a continuing resolution that would run through December 11 and prohibit for one year federal funding for Planned Parenthood or its affiliates unless they certify that they will not perform or fund abortions during that period. The Senate rejected, 47-52, the motion to invoke cloture on the substitute amendment to the joint resolution. The measure failed to even win a simple majority vote.

Sixty votes were needed to advance the measure. Republican senators voting with Democrats included Senators Kelly Ayotte (R-NH), Susan Collins (R-ME), Tom Cotton (R-AR), Dean Heller (R-NV), Mark Kirk (R-IL), Lisa Murkowski (R-AK), Rand Paul (R-KY), and Ben Sasse (R-NE).

Following the failure, Senate Majority Leader Mitch McConnell moved to set up a vote on a clean spending bill that would avert a government shutdown on Oct. 1, although House Speaker John Boehner still has not said whether his chamber will take up the Senate legislation.

The Senate is expected to take a cloture vote in relation to a “clean” continuing resolution on Monday, September 28th, two days before the government’s funding authority expires.

Perkins Deal Reached

The House and Senate have introduced bipartisan legislation to extend the Perkins program, which is set to expire in less than one week.

On the House side, Reps. Mike Bishop (R-MI) and Mark Pocan (D-WI) introduced bi-partisan legislation extending the authorization of the Perkins Loan Program, which is similar to a measure the duo introduced in June t. The measure,  HR 3594, Higher Education Extension Act of 2015, is expected to be considered and passed by the House next week.

 

Additionally, four Senate HELP Committee members introduced a bipartisan resolution today “expressing support for the continuation of the Federal Perkins Loan Program.” Senators Tammy Baldwin (D-WI), Rob Portman (R-OH), Robert P. Casey, Jr. (D-PA) and Susan Collins (R-ME) introduced a measure to express support to extend the Perkins program for this year. The introduction of the resolution signals broad support by the Senate to reauthorize the Perkins program for a year.

Perkins, the $1 billion campus-based loan program for exceptionally needy students, is just six days from expiring . While it has many backers in both chambers of Congress, most Republicans – including the House and Senate education committee chairmen – have shown no inclination to extend the program beyond Sept. 30.

The cost of the extension (approximately $250 million) will be paid for by limiting the grandfather clause, in that “grandfathered students” will only be able to take out Perkins loans through March 31, 2018 instead of throughout their entire academic career.

With the introduction of the pay-for and the bipartisan Senate resolution, the extending the program may move forward.

To read the House bill, click here.

To read the summary of the House bill, click here.

To read the bipartisan Senate resolution here.

Continuing Resolution Released

Senate Appropriations Committee Chairman Thad Cochran (R-MS) just released the text of a short-term continuing resolution. Immediately following that announcement, Senate Majority Leader Mitch McConnell (R-KY) offered that CR as a substitute amendment to H.J.Res.61 and filed cloture on the amendment. That cloture vote is expected to occur Thursday afternoon at a time to be determined. That vote is expected to fail with Democrats voting against it.

Majority Leader McConnell will then strip out the Planned Parenthood defunding provision and the Senate would vote on a clean CR. Procedurally, they would have to take at least one additional cloture vote to advance the clean CR, which could occur over the weekend with final passage possibly delayed into next week. Assuming that clean CR passes, the House next week will have to decide whether to accept it and keep the government open or reject it, leading to a shutdown.

The proposed CR would keep government operating through December 11, 2015. It provides funding for all discretionary programs at the FY2015 levels, except for a very small number of anomalies, such as an additional $700 million to fight wildfires.  It contains a small across-the-board cut of 0.2108 percent to keep total funding under the FY2016 budget caps.

For more details see on the substance:

FY2016 Continuing Resolution One-Pager

FY2016 Continuing Resolution Section-by-Section Analysis

FY2016 Continuing Resolution Legislation

 

Senate HELP Hearing on Sexual Assault

The Senate HELP Committee’s will hold another hearing related to the Higher Education Act reauthorization today. This hearing will focus on combating campus sexual assault. Sexual assault is one of four key areas for which Chairman Lamar Alexander (R-TN) and Ranking Member Patty Murray (D-WA) established staff working groups to guide the committee’s reauthorization process.  Sen. Alexander is in Tennessee today due to an unexpected conflict, and Sen. Susan Collins (R-ME) will lead the hearing in his absence. Much of the focus of the hearing, indirectly, will be on the Senate’s Campus Accountability and Safety Act (CASA) legislation, which was introduced last Congress and again this year.

There will be two panels at the hearing today. First up, CASA sponsors Sens. Kirsten Gillibrand (D-NY) Dean Heller (R-NV), Kelly Ayotte (R-NH), and Claire McCaskill (D-MO) will speak on much-discussed CASA bill. A second panel will feature safety advocates and higher education officials: Dana Bolger, Co-founder of Know Your IX; Dolores Stafford, Executive Director of the National Association of Clery Compliance Officers and Professionals and President and CEO of D. Stafford & Associates; and Mollie Benz Flounlacker, Associate Vice President for Federal relations at the Association of American Universities. University of California President Janet Napolitano will also testify about the bill – which includes provisions she supports and others she takes issue with – and the need to improve existing laws.

The hearing starts at 9 a.m. EST and will be live streamed.