The Senate will begin the temporary stopgap funding mechanism with a series of measures that will include controversial provisions such as defunding Planned Parenthood, reauthorizing the Export-Import Bank (that expired earlier this summer), and a host of other amendments.
First Continuing Resolution Votes. However, Senate Republicans simply do not have the necessary votes - 60 - to overcome a Democratic filibuster so these votes are largely symbolic but demonstrate the need by Senate Majority Leader Mitch McConnell (R-KY) to appease his right flank members such as Senator Ted Cruz (R-TX) and the Freedom Caucus chaired by Senator Mike Lee (R-UT). If these symbolic votes are enough to satisfy Senators such as Ted Cruz who need the attention for his presidential hopes, the Senate and House may be able to move forward with a clean Continuing Resolution that will fund the government until December 11 under current spending levels. During this time, both Houses will work towards a fiscal resolution through an Omnibus spending package to not only fund the government through next September, but to lift the sequestration funding levels and include a host of other legislative priorities such as extending and reforming certain tax provisions and possibly other large spending measures such as infrastructure legislation.
Improved Chances of Avoiding a Government Shutdown. Most experts and Congressional staff have improved the chances of breaking the fiscal impasse and getting a clean Continuing Resolution that will last until December 11th through both Houses before the September 30 deadline with the resignation of Speaker Boehner. While Speaker Boehner initially wanted a longer Continuing Resolution to provide additional time to negotiate a yearlong spending package, the Democrats, smelling blood, wanted a shorter Continuing Resolution. The December 11 compromise gives the two chambers and the White House time to work out a deal before the holidays. Otherwise, Congressional staff say a shorter Continuing Resolution would not provide enough time to work out the differences and thus require an additional Continuing Resolution.
Congressional leaders and the White House have struggled in the past to broker fiscal deals. If talks between the two parties and the White House spill into December, it could complicate efforts to craft a year-end omnibus government-wide spending bill that would have to conform to the higher spending caps that would come out of successful budget talks. To complicate matters, the Appropriations committees need a budget deal done by Thanksgiving since it will take the spending panels a full month to craft an omnibus spending bill funded to levels agreed to in the talks.
The House could move a Reconciliation bill next week. The House could begin soon to advance a reconciliation bill (requiring a simple majority to pass in both Chambers) targeting Planned Parenthood funding in a bid to avoid a government shutdown. Under such a procedural strategy, the House would write and pass a reconciliation bill designed to draw Republican support in the Senate. The Senate would then directly consider the House reconciliation legislation, skipping the process of Senate committees drawing up their own reconciliation proposals. The move would get a Planned Parenthood defunding bill to the President’s desk that is sure to be vetoed and sent back to the Congress. In order to override a Presidential veto, however, both chambers must come up with two-thirds of each chamber voting to override - a substantial challenge especially when no Democrats will vote against the President.
Stay tuned for an exciting and nail-biting fall.