Overview
Regular Order, Anyone? Talks between appropriators and congressional leadership ramped up this week, resulting in a potential outline for a final deal as the clock ticks down to the September 30thfunding deadline. The “Four Corners” at committee level met Monday to kick off the process, with discussions continuing throughout the week.
The debate over government funding is unfolding on two fronts: lawmakers are working to advance a package of less controversial bills through a three-bill "minibus" — which will include Legislative Branch, Agriculture-FDA, and Military Construction-VA — while also negotiating a continuing resolution (CR) to keep the government open.
In addition to reaching bicameral consensus on funding allocations for each appropriations bill, the House voted to establish a conference committee to sort out discrepancies between the House and Senate bills. It’s worth noting that this would be the first such formal appropriations conference since the 115thCongress. While the Senate must still vote to go to conference, Senate Majority Leader John Thune (R-SD) indicated support for moving forward with the conference process, and Senate Appropriations Vice Chair Patty Murray (D-WA) said a vote to go to conference could happen as soon as next week. Not only would finalizing bills through a formal conference process give Congress the confidence they can work in regular order, but also it offers a procedural advantage: the resulting conference report cannot be amended, which can help speed up final passage.
The other major challenge is how to handle the remaining nine appropriations bills. Lawmakers agree that a CR is needed to avoid a government shutdown, though there is uncertainty over its duration. As of now, congressional appropriators prefer an extension through mid-November.
Democrats are discussing priorities that they would want included in return for their votes for a CR, namely healthcare priorities such as extension of Affordable Care Act subsidies which are set to expire at the end of the year. Some Republicans have concerns over the estimated cost of extending these subsidies, which could be up to $380 billion over 10 years. The House is preparing to put a clean CR on the floor next week, though the likelihood of the measure's success in the Senate is slim.
Appropriators would prefer ultimately to pass both the three-bill minibus and the CR together, but House Republican leaders are preparing to separate the two and move forward with a short-term CR (to November 21) as soon as next week.
Anomalies: In tandem with the CR discussions, the White House released its funding anomalies and authorizations list, detailing which programs should be funded at different levels than would otherwise be funded under a continuing resolution. Anomalies and authorization extensions are a normal part of considering CRs, which only extend current policies. Particularly when the government is already operating under a yearlong CR, many policy changes are needed. Still, in any administration, this is only a suggested list. Congress has the authority to accept or change what is included in a final CR.
Temperature Check: Despite lingering differences, there’s a faint but noticeable thaw in the appropriations process. Bipartisan commitment from appropriators is driving momentum, with funding allocations, committee progress, and open communication all pointing toward potential compromise. The ultimate questions are what gets “kicked upstairs” for leadership decision-making, and does this delicate balance result in something signed into law or a government shutdown? Stay tuned.
