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119th Congress: Appropriations/Budget Outlook

Members of the 119th Congress have officially been sworn in, with President-elect Trump soon to follow. Republicans will now look to navigate a number of important pieces of legislation in the coming months, with slim majorities in both chambers.

To start, the latest Continuing Resolution (CR) for FY2025 passed in late December funds the government through March 14th, meaning some of the immediate attention of this Congress—at least that of the appropriators in both chambers—will be focused on funding the government through the end of the fiscal year.

Since the beginning of the Fiscal Year 2025 on October 1, Congress has passed two short-term spending extensions that maintained levels of government spending from the prior year but punted on the important funding decisions that need to be made for the rest of the fiscal year. Speaker Mike Johnson (R-LA) and Senate Majority Leader John Thune (R-SD) now face the difficult task of attempting to pass appropriations bills in two sharply divided chambers with small majorities.

Regardless of when Congress finishes the appropriations for FY2025, it will need to turn its attention to the FY2026 process.  It is possible that the relevant committees may start crafting legislation for FY2026 before FY2025 is fully wrapped up.  The FY2025 process started under the Biden Administration, and the new Republican Congressional majorities and the new incoming Trump Administration after the November elections wanted to hold off on finishing it in order to give the new Trump team an opportunity to shape the remainder of the year.  With the vast majority of the FY2025 bill already drafted, it remains to be seen how the negotiations to finish out the year will turn out.  It is against this backdrop that FY2026 will kick off, with Republicans fully in control.  The FY2026 appropriations process will be affected by the incoming Administration’s budget request. The budget is due by the first Monday in February, though this is typically delayed and will almost certainly be late during a transition year.

Additionally, President-elect Trump and GOP leaders in both chambers have stated their intent to pass much of Trump’s agenda through budget reconciliation early in the year, a very exacting and complicated process through which mandatory spending levels must be addressed.  The benefit of this process is that changes being mandated by it can be passed with a simple majority in the Senate, thus avoiding the filibuster. This plan has generated the most attention on the budget front for the new Administration and Congress.  This plan has already been complicated, however, by disagreements within the Republican party.

At the end of the day, in broad terms, the GOP’s goals for reconciliation are to pass immigration and tax legislation as well as bring about changes to other mandatory programs.

With respect to the process, House GOP leaders have spoken in favor of passing one large reconciliation bill, which would include tax, defense, and immigration provisions. House leaders argue that the one-bill approach will build maximum support within the party, and have also noted the difficulty of passing two reconciliation bills in the same year.

Senate GOP leaders, however, believe that a two-pronged approach would put the party in a better position. Passing an initial bill focused on border and security legislation would give Trump an early win, Senate leaders say, while also allowing for more time to construct the complicated and time-consuming changes to tax law to be passed in the second bill.

Trump initially voiced support for the House approach, though he walked back his commitment the next day, saying he was open to either approach. House Majority Leader Steve Scalise (R-LA) publicly shared that party leaders may need several more weeks to agree on a plan. Per Scalise, the party is “moving forward under the guise of one bill…how we do it is a discussion, but what we’re doing is not under discussion. Everybody’s focused on the same thing.”

Both Scalise and Johnson have both stated that they would like to move a reconciliation package through the House by the end of April.

Congress Averts Government Shutdown

On Wednesday night, the Senate passed a continuing resolution (CR) that will keep the government funded at current levels through December 20th, averting a federal government shutdown. The bill now goes to President Biden’s desk for signature.

The stopgap bill, which passed the Senate by a 78-18 vote on Wednesday, was introduced after Speaker Mike Johnson (R-LA) failed to push his original funding proposal through the House of Representatives. This first attempt at a CR, which would have funded the government for six months, included the highly controversial SAVE Act, a Trump-backed plan that would require voters to provide documentary proof of citizenship at the time of registration. The majority of Democrats, despite a handful facing tough reelection bids, opposed the SAVE Act, citing the fact that it is already a crime to register or vote as a noncitizen in all federal and state elections. Without Democratic support, Johnson’s plan was unable to pass the House due to a divided GOP caucus.

Senate Majority Leader Chuck Schumer (D-NY) sits next to Speaker of the House Mike Johnson (R-LA) as a government shutdown looms.

After his original plan failed to pass the House, Johnson was forced to strip the SAVE Act and bring a new, three-month spending plan to the floor. The new bill passed the House on a 341-82 vote, with all opposition coming from Republicans. This move did not come without risk for Johnson, whose predecessor Kevin McCarthy (R-CA) became the first Speaker of the House to be ousted from his post when, last year, he was forced to work with Democrats to fund the government. Immediately following this bi-partisan maneuver, members of the GOP’s right flank voted to remove McCarthy from the Speakership. Johnson has defended the current bi-partisan funding bill, claiming that a GOP-led shutdown this close to Election Day would be “political malpractice.”

Having averted a shutdown for three months, Congress will now go on recess, with the stage set for a budget showdown when they return in November. Johnson has claimed that he will not allow any omnibus funding bills, which are large spending bills that package many programs into one, onto the floor during the lame duck session in December. While this would be a break with recent congressional precedent, much of the planning for this session will depend on the outcome of the November elections. For now, however, the government remains funded.

Congress Averts Another Government Shutdown

Last week, President Biden signed the Further Continuing Appropriations and Other Extensions Act (H.R. 6363) thus preventing a government shutdown. The bill sets two different deadlines for different bills: there is a January 19 deadline for Congress to pass the FY24 Agriculture-FDA, Energy and Water, Military Construction-VA, and Transportation-HUD bills and a February 2 deadline for the remaining eight appropriations bills. The bill does not include any supplemental funding or cuts to existing levels of funding.

So far, the House has passed seven of the 12 annual government-funding bills, while the Senate has passed only three. Congress is on Thanksgiving recess and when they return will have to do significant work into 2024 to meet these two deadlines. Read more about this here.

What Will They Come Up With Next?

After turning back approximately a dozen amendments during the floor debate last night, the Senate adopted by a 63 to 36 vote the debt limit bill, clearing it for the President’s signature later today.  The Treasury Department had been warning that the nation would lose its ability to pay all of its bills next Monday.  The House cleared the bill earlier this week.  

While the fight over the debt limit has become much more partisan and political recently, this year’s fight represents the closest the nation has come to actually defaulting on its debts.

Almost There…

After much back-and-forth and a final round of negotiations last weekend, the White House and House Speaker Kevin McCarthy (R-CA) came to an agreement on a debt ceiling package earlier this week.   Yesterday evening, the House passed the legislation in a bipartisan manner, by a vote of 314 – 117.  The Senate must now take it up.

While its details are still being digested, the package contains the following provisions, among others:

  • a suspension of the debt limit until January 1, 2025 
  • essentially a freeze in discretionary spending for both FY2024 and FY2025 relative to FY2023, the current fiscal year
    • as part of the spending limits for the next two years, the legislation sets separate spending caps on “security” and “non-security” programs for the next two fiscal years
  • a mandatory cut of one percent in discretionary spending if all 12 annual appropriations are not signed into law by January 1 each fiscal year for the next two years
  • prohibition on further extensions of the student loan repayment deferrals– repayments would restart by early September

The legislation also includes a package of recissions, the details of which are still being assessed.  We will share additional information about them as they come to light.

Not surprisingly, there was drama in the House before the floor vote, as some members of the hard-right wing of the House Republicans blasted the deal.  There were questions about whether, procedurally, McCarthy had enough support to even bring the bill to the floor.  

As noted above, the bill now goes to the Senate, where both Majority Leader Charles Schumer (D-NY) and Minority Leader Mitch McConnell (R-KY) urged support for it among their colleagues.

Read more about the developments here, here, and here