Government Shutdown Averted in ‘Clean’ CR Until Nov. 17
A government shutdown was avoided with hours to spare Saturday evening after House Speaker Kevin McCarthy (R-CA-20) changed course and put forward a continuing resolution (CR) that funds the federal government at current levels until November 17 and extends authorization of the Federal Aviation Administration until December 31. Additional provisions are detailed further down in this alert.
The House voted 335 – 91 Saturday afternoon to fund the government for 45 days until November 17, 2023. According to the Clerk of the House, 209 Democrats joined 126 Republicans in supporting the measure. One Democrat and 90 Republicans opposed the bill, with a total of seven members not voting. The vote – with more Democrats than Republicans supporting the Speaker’s measure – echoes the late spring debt ceiling compromise that initially enraged the far-right of McCarthy’s caucus into semi-mutinous activities on the House floor over the summer. At present time, it is unclear what – if any – efforts are underway within the Republican caucus to remove Speaker McCarthy from his leadership position. Threats were renewed today by some, such as Congressman Matt Gaetz (R-FL-01), but the House adjourned for the weekend after its vote. Constitution Partners recently dove into the details on this power struggle here.
Upon passage in the House, the Senate moved to accept the bill and consider it in an expedited manner. An obstacle quickly emerged, however, as scheduling a fast-tracked bill for consideration requires consent of all 100 senators. Senator Michael Bennet (D-CO) placed a ‘hold’ on the legislation until he received suitable confirmation of leadership’s support for a separate standalone bill funding U.S. support of Ukraine’s efforts against Russia.
After the prolonged delay, the Senate passed the legislation late in the evening easily clearing the 60-vote threshold. The legislation now heads quickly to President Biden’s desk for his signature before midnight.
H.R. 5860: An Overview
The measure generally extends the conditions on funding from the FY 2023 appropriations law and prohibits funds from being used to initiate or resume any project not funded in FY 2023, as is typical with CRs.
Defense
The measure bars the Defense Department from using funds to pursue any multiyear projects. It does authorize DOD up to $621.3 million for operations necessary to procure one Columbia-class submarine.
The measure also extends – through November 17 – DOD’s military construction projects that received funding in FY’s 17 – 19.
Agriculture
The measure authorizes USDA to use funds for operations at the rate necessary for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to maintain participation; the Commodity Supplemental Food Program to maintain its current caseload; the Section 521 rental assistance program; the Livestock Mandatory Reporting Program; and the Agricultural Credit Insurance Fund Program for farm ownership loans.
The measure also allows for USDA and the Interior Departments to increase the base salary for federal wildland firefighters, as provided in the Infrastructure Investment and Jobs Act.
Health Extensions
The bill delays until November 18 scheduled cuts to Medicaid payments for disproportionate share hospitals that serve large numbers of low-income and uninsured patients. It also reduces funding in the Medicaid Improvement Fund by just over $500 million. The bill also extends funding for a wide variety of public health programs for community health centers and such.
Anomalies
The measure extends additional programs through November 17:
FEMA’s National Flood Insurance Program
The Department of Homeland Security’s National Cybersecurity Protection System
Salaries and Expenses for the National Telecommunications and Information Administration for the purposes of administering broadband programs
An extension to mid-November should permit lawmakers the time necessary to fully fund the government for FY 2024. However, the House has still only passed four appropriations bills – out of twelve. Additionally, the Speaker still has a potential leadership threat to deal with when the weekend closes. The looming crisis, however, has been averted for now.
