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Senate Passes 10-Week Continuing Resolution

Today the Senate passed a 10-week continuing resolution (CR) to fund the federal government through December 9. In addition, the CR also provides $500 million for flood relief in Louisiana and surrounding areas, year-long appropriations for military construction and veterans programs, and $1.1 billion for efforts to mediate the spread of the Zika virus. The House must take action on the CR by Friday in order to avoid a government shutdown, as the federal fiscal year ends on September 30. 

Previously, Senate Democrats blocked the measure because it did not contain funding to help Flint, Michigan, repair its lead-tainted water supply. However, House and Senate leaders have negotiated an agreement, and the House will amend its version of the Water Resource Development Act (WRDA) to provide funding for Flint to mediate its water emergency. 

Count Down to Shut Down: New Strategy

Senate leaders have been locked in partisan combat for days over whether a stopgap spending measure to keep the government running past Friday should include disaster aid at all. Senate Republicans included $500 million for flood victims in Louisiana and other water-drenched states, where thousands of homes have been destroyed or damaged. Democrats, however, have insisted that any effort to help Louisiana should be coupled with aid to Flint, MI, where an estimated 9,000 children have been poisoned by lead from a contaminated water system for more than a year.

The Senate Republican proposed stopgap measure, which was presented last week and  drafted last week without Democratic cooperation, would extend current funding levels to December 9, while providing $1.1 billion to combat the Zika virus. It also would offer a full year of funding for the Department of Veterans Affairs and military construction projects.

The measure failed, as expected, to advance the measure Tuesday, when supporters mustered only 45 votes for it on a procedural test or a cloture vote, which requires 60 votes to proceed.

Today, the Senate has invoked cloture on a 10-week continuing resolution. The vote is the first in a series on the stopgap spending package, which is needed to avoid a government shutdown when FY 2016 funding expires at midnight on Friday. Senate Democrats objections were resolved Wednesday following the failed vote on Wednesday after congressional leaders reached a deal to provide aid for Flint, MI, through separate authorizing legislation.

The tally was 60-13 with voting continuing to proceed on the motion, and ending debate.

White House Announces Opposition to Overtime Rule Delay

Today the White House issued a Statement of Administrative Policy (SAP) regarding President Obama’s intent to veto HR 6094, the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act, should the measure be presented to him. HR 6094 would delay implementation of the Department of Labor’s new overtime rules until June 1, 2017, and may go to the House floor for a vote this week. While the title of the bill suggests the delay would impact a small segment of employers, the bill would delay the entirety of the overtime rule.

As a refresher, the new DOL overtime rule increases the threshold under which most salaried employees are eligible for overtime from $23,660 to $47,476 per year. The Administration’s SAP can be viewed here.

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. 

What We’re Reading This Week, September 19 – 23

Here’s a selection of articles the Federal Relations team is enjoying this week.

Not So Credible Any More – On Thursday, the Education Department  moved to shut down the nation’s largest accreditor of for-profit colleges, which had stood watch as failing institutions like Corinthian Colleges and ITT Technical Institute teetered on a pileup of fraud investigations. The Accrediting Council for Independent Colleges and Schools — known as ACICS — is one of a few dozen different organizations charged with maintaining standards and quality at the country’s more than 5,400 higher education institutions. Read more in The New York Times. 

Contemplation of Justice (AOC)
Contemplation of Justice (AOC)

Police Brutality – Since the August 2014 police shooting of Michael Brown in Ferguson, Missouri, police in America have been under heightened scrutiny. The Black Lives Matter protests in particular have shined a light on what many see as a systemic emphasis on excessive use of force by police, particularly on racial and ethnic minorities. Vox has 9 things you should know about US police and shootings. 

Charlotte and Candidates – Charlotte experiences continued unrest from Keith Scott’s killing. As polls in North Carolina are in a dead heat, both nominees seized on the fatal shooting in ways meant to appeal to core supporters. Read more in The New York Times. 

This Really Happened – Rep. Robert Pittenger (R-NC), a white American male born in 1948, the lawmaker says he understands the motivations of young, African American protesters better than they do. When speaking about Charlotte, he said to BBC Newsmaker “They hate white people, because white people are successful and they’re not.” Read about it and see it at The Washington Post.

Maybe It’s Not So Bad – Clinton has had one of the worst months yet, but this maybe the best thing for her campaign. Read more in Politico. 

Winning Where It Counts – Polls may be tightening, but Clinton is winning in states where she needs to, and where the electoral college votes are. Read more at the 538.

President Trump – Looking at Trump’s campaign shows a glimpse of what at Trump Presidency would be like. Read more in The New Yorker. 

Trump Ed Plan – Speaking in Chester Township, PA this week Trump said that under his administration, universities would have to lower tuition and student debt if they want federal tax breaks. Watch it at The Washington Post. 

College, Yes. Degree, No – More Americans are attending college than ever before — nearly 90 percent of millennials who graduate from high school attend college within eight years. But a far smaller proportion of Americans actually have a college degree: only 40 percent of students complete a bachelor’s degree in four years and 60 percent graduate in six years. At two-year colleges, 29 percent of students graduate in three years. Read more at Inside Higher Education. 

Sleeping Beast – Oklahoma is actually full of fault lines — over 900, but the recent boom in oil fracking has made the infrequently moving faults very active.. Before 2008, Oklahoma had maybe a couple of earthquakes of magnitude 3 or greater each year. Read more at the 538. 

Now What? – In a unique-to-DC job hazard, what do you do if your boss loses in the primary? Read more in Roll Call.

Leaf Peepers – We’ve just passed the autumnal equinox, which means several things, including Fall is nearly here! That means colored leaves! How can you determine peak fall foliage? There’s now an interactive map for that. See it at Smokymoutains.com.

You can now see your Patronus, thank you Pottermore.