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Shut Down Looms, Senate Fails to Get Cloture

This afternoon, the Senate failed to get the 60 votes necessary to invoke cloture, or limit debate, on the expected legislative vehicle for a 10-week continuing resolution (CR). The measure funds the government until December 9th as well as includes emergency spending to combat the Zika virus; $500 million in flood relief for Louisiana and other states; and full-year appropriations for military construction and veterans programs, among other contents.  Without cloture, the Senate cannot move forward procedurally with a stopgap needed to keep the government funded past Friday September 30.

Senate Democrats overwhelmingly voted against the measure because it contains no funds for Flint, MI to repair its lead-contaminated water system. Top Senate Democrats said they would not settle for a commitment from Republicans to include the money during a conference committee consideration of a water resources bill that has passed the Senate and is being considered in the House this week.

Following the vote, Senate Republicans said they are weighing the possibility of dropping flood relief for Louisiana and other states from the package in order to meet Democratic demands and avoid a government shutdown at the end of the week. 

On the House side, House Appropriations Chairman Hal Rogers (R-KY) stated that the House will “have a response” if the Senate’s procedural vote on the continuing resolution is rejected this afternoon. In addition, on Monday night the House Rules Committee advanced a rule for a water resources authorization bill that includes language providing “same-day authority” through September 30 to speed consideration of a CR. The Rules Committee last week had already granted same-day authority, otherwise known as “martial law,” through Tuesday. 

House and Senate Lawmakers will now have to head back to the negotiating table and hash out a deal palatable enough to garner 60 votes in the Senate that would also pass through the House before Friday at midnight. 

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.

 

 

 

Senate to Vote on CR at 5:15 Tonight

This afternoon, Senate Majority Leader Mitch McConnell delayed a procedural vote on the stopgap spending bill until 5:15 p.m. Tuesday. McConnell, R-Ky., also said he anticipates the Senate will be in session next week. The postponed procedural vote is on the expected legislative vehicle for the CR (HR 5325).

Long Weekend Negotiating for Unclear Week Ahead

Negotiations to craft a 10-week continuing resolution (CR) continued throughout the weekend as Congressional Leadership worked to nail down an agreement ahead of a Monday night procedural vote in the Senate. At 5:30 pm tonight, the Senate is scheduled to take a procedural vote, a cloture vote, intended to move forward with the package. It should be noted that Senate Leadership announced and planned on having a vote on this package last week, before it became clear a final bill was not yet reached.

While Republicans and Democrats are getting close to an agreement, sticking points remain with the package. Those issues include:

  • language within a Zika virus response package related to Planned Parenthood services in Puerto Rico,
  • offsets for the new $1.1 billion for anti-Zika spending, and what those offsets would be, if at all, from the $750 million in offsets from the Zika conference report;
  • provisions within the Zika legislation related to pesticide spraying should be exempt from the Clean Water Act;
  • including emergency flood relief for Louisiana and how much, which has been complicated by a Democratic push to pair flood money with aid for Flint, MI; and
  • and unrelated policy riders dealing with the Export-Import Bank, a federal transfer of certain internet oversight functions and more.

As a reminder, Congress has until September 30 to pass the continuing resolution and avert a partial government shutdown when FY 2016 funding expires. The FY 2017 measure is expected to adhere to FY 2016 spending levels and run through December 9, one week before Congress is scheduled to adjourn for the December holidays.

The Senate is expected to use the FY 2017 Legislative Branch appropriations bill (HR 5325), which previously passed the House, as a vehicle for the CR.  The spending package is also expected to include full-year FY 2017 appropriations for veterans programs and military construction projects.

If the measure passes on Monday, expect the Senate to recess until after the election Thursday or Friday. If the Senate passes and leaves, that forces the House into a take it or leave it position with the CR that the Senate passes, meaning pass the Senate bill or shut down the federal government just before an election. And shutting down the government was not very popular last time it happened. 

Keep in mind, this fight will continue next year and play into a larger spending argument, as the nation’s debt limit will be reached in March of next year. The battle could begin as early as March, when the current suspension of any debt limit — negotiated as part of a bipartisan budget deal last year — is set to expire. But Congress could punt the decision for several more months, because of the Treasury’s ability to use financial mechanisms to continue borrowing past the March 15 deadline into the fall.

 

 

Senate Pushes CR Off Until Monday

After a week of declarations and revisions, the Senate has postponed their consideration of a CR until Monday. Congressional leaders on both sides of the aisle conceded they are not prepared to wrap up negotiations this week.

Congressional leaders and appropriators have been working on the funding bill since coming back into session earlier this month. The key sticking points appear to be language in the Zika conference report that would restrict which clinics in Puerto Rico can receive additional funding and an exemption for certain types of mosquito spraying under the Clean Water Act. Those objections caused Democrats to block the $1.1 billion Zika funding bill in the Senate in June.

In addition to Zika funding, numerous lawmakers have requested that emergency spending, including money for Flint’s lead-contaminated drinking water problem and Louisiana’s recent flooding. The White House sent a $2.6 billion emergency funding request to Congress on Tuesday and Louisiana Members are pushing for at least some of that money to be added to the CR.

While the Senate has, so far and continues to, lead the discussions around a CR and many expect McConnell to move legislation through his chamber first, beginning with procedural vote Monday night. House Appropriations Chair Hal Rogers (R-KY) said he reserved the right for the House to move a bill to the floor before the Senate, but with the House leaving early Thursday afternoon, such a move seems unlikely.