Senate Passes Stopgap Measure to Avert Shutdown, Lawmakers Reach Temporary Deal

The Senate voted 72-25 to pass a continuing resolution (CR) earlier this week after Democratic leadership agreed to drop a controversial environmental policy rider. The roughly 10-week spending bill would keep most agencies funded at their current levels till December 16 to prevent a partial government shutdown when the fiscal year ends on September 30.

The stopgap measure also includes over $12 billion in assistance to Ukraine, including new weapons for its military and support for the government in Kyiv. The funds are slightly more than the $11.7 billion requested by the White House, and the legislation also authorizes the transfer of up to $3.7 billion in U.S. defense equipment to Ukraine.

A portion of the bill is dedicated to natural disaster assistance, including $2 billion for unmet needs and $1 billion for heating assistance. The bill also reauthorizes the Food and Drug Administration (FDA) user agreements  for prescription and generic drugs, and medical devices; and assists Afghan refugees in resettling.

Congress did not add the $22.4 billion the Biden Administration requested for COVID-19 resources or the $4.5 billion to respond to monkeypox cases. Negotiations concerning COVID-19 previously fell apart after some Republican lawmakers expressed concern that the White House failed to provide sufficient details regarding previously appropriated funds.

Further, Senator Joe Manchin (D-WV) withdrew his proposed energy infrastructure permitting rider to expedite the CR process. The rider garnered criticism from both sides of the aisle. In opposition to the rider, Republican lawmakers argued that it was insufficient to speed up priority projects while some Democrats questioned the proposal's requirement that federal agencies bypass the typical pipeline permit review process.

Senator Shelley Capito (R-WV), a supporter of Senator Manchin’s proposal, pointed to the National Defense Authorization Act as a potential vehicle in future, given that “when legislating is done via backroom deals and with input from only one party, it is extremely difficult to garner broad support.”

Now that the Senate has passed the measure, the House of Representatives must also approve of the stopgap measure for it to reach the President’s desk.

House Appropriations Chair Rosa DeLauro (D-CT) expressed disappointment that the Senate failed to include COVID resources in the CR, but noted that the measure “reflects bipartisan, bicameral negotiations and, most importantly, it affords Congress time to complete its work on fiscal year 2023.”

If the CR does not receive President Joseph Biden's signature, the first government shutdown since 2018 will occur. While most government shutdowns are of relatively short duration, they all compromise government services and increase taxpayer costs.

The Federal Law Enforcement Officers Association (FLEOA) is among stakeholders monitoring the advocating for robust appropriations rather than continuing resolutions.

“FLEOA supports Congress seeking every avenue to prevent a government shutdown, but we would most prefer Congress fully fund all federal law enforcement agencies with robust appropriations. While Congress negotiates the details of these bills, FLEOA supports a continuing resolution to prevent a lapse in funding,” FLEOA concluded.

The Professional Managers Association (PMA), representing managers, management officials, and non-bargaining unit employees at the Internal Revenue Service (IRS), previously shed light on the damaging effects of Congress’s reliance on continuing resolutions for the IRS.

“The constant inability of Congress to fund the government adequately and on time has widespread ramifications on long-term planning, mission delivery, and taxpayer services… The IRS cannot conduct robust hiring and onboarding when it is in a continuing resolution state. Put simply, the IRS cannot do its job effectively when Congress consistently fails to do its job. And taxpayers ultimately pay the price… The annual appropriations panic is a waste of taxpayer time and resources,” PMA Executive Director Chad Hooper said earlier this year.

For 2022, Congress issued three CRs–nearly four–to prevent a government shutdown. The appropriations package eventually passed five months after the fiscal year began and less than six months before the next.


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