Budget and Appropriations: US Legislative Activity

Speaker Boehner’s Resignation May Lead to Quick Passage of a Short-Term FY 2016 Continuing Resolution

Friday’s announcement by House Speaker John Boehner (R-OH) that he would resign from Congress at the end of October will likely lead to the enactment of a “clean” FY 2016 Continuing Resolution (CR) that will fund the government through December 11 at the $1.017 trillion topline discretionary spending limit established in the Budget Control Act.

Last week, Senate Democrats (with the exception of Joe Manchin (D-WV)) – along with eight Republicans – blocked debate on a proposed CR that contained a provision to defund Planned Parenthood for one year. The President also issued a Statement of Policy threatening to veto any bill that included language to defund Planned Parenthood. Hence, Senate Majority Leader Mitch McConnell (R-KY) scheduled a vote today on a “clean” CR, without the Planned Parenthood provision.

As previously reported, House conservatives have been pushing the Speaker to utilize the CR as a means to cut federal funding for Planned Parenthood, threatening to remove Boehner from his Speakership if he did not stand up to Democrats and the White House. Knowing that such a measure would not pass the Senate, and lacking a veto-proof majority, it was anticipated that the House would first conduct at least one “show” vote, allowing conservatives to go on record with a vote against Planned Parenthood funding, and then, with Democratic support, pass the clean CR sent over from the Senate. House leadership introduced stand-alone legislation and proposed reconciliation legislation this week as a means to get a Planned Parenthood and Obamacare bill to the President. Conservatives rebuffed these proposals, putting the CR in jeopardy and leaving many thinking another government shutdown would start this week.

However, by eliminating the threat of losing his Speakership as a consequence of moving a clean CR, Speaker Boehner announced he would indeed bring up the Senate CR for a House vote. The vote, expected as early as Tuesday, will certainly succeed with moderate Republican and Democratic support, thus preventing a government shutdown, at least until December 11.

© Copyright 2015 Squire Patton Boggs (US) LLP

Act Now: The Department of Labor may experience a shutdown on 10/1/2015

DOLAlthough Congress continues to discuss the Fiscal Year 2016 budget, if an agreement is not reached or continuing resolution passed, the Department of Labor (DOL) will experience a shut down as of October 1, 2015. Should this happen, both the iCERT and PERM online filing systems will not accept applications and users will no longer have access to the system.  This shutdown will impact immigration cases including: E-3, H-1B, H-2A, H-2B, and PERM applications. In addition, the DOL will not be able to receive or review any filings received by mail. Employers are urged to review their upcoming expiration dates and deadlines to ensure they submit all necessary applications and responses on or before September 30, 2015.

©2015 Greenberg Traurig, LLP. All rights reserved.

Senate Democrats Continue To Push For A Budget Deal; House And Senate Continue Appropriations Markups

Senate Democrats Continue to Push for a Budget Deal

In the coming weeks, Senate Democrats will implement a strategy intended to force Republicans into a budget deal. Senate Democratic leadership does not want to rely on President Obama’s vetoes of appropriations bills to force Republicans into negotiations, and will likely prevent any appropriations bills that retain the sequester’s spending limits from reaching the Senate floor. Senate Appropriations Committee Ranking Member Barbara Mikulski (D-MD) said Democrats intend to be at the table during any budget deal negotiations between President Obama and Senate and House Republicans, noting Senate Democrats “are doing everything to force this issue.” Additionally, Senate Democratic Whip Dick Durbin (D-IL) said the plan is to force Republicans to make a deal now, rather than wait until the end of the fiscal year after the President vetoes appropriations measures. He noted that “as long as the Republicans need 60 votes in the Senate and don’t have them, they’ll need Democratic cooperation.”

While the House has been moving appropriations measures at a quick pace, and the Senate has been making progress on their Appropriations Committee markups, the appropriations process could slow down in the coming weeks as Senate Republicans try to bring the Defense Appropriations Bill to the floor (as of the time of writing this report, Senate Majority Leader Mitch McConnell (R-KY) had not yet scheduled floor time for the Defense Appropriations Bill). Democrats are expected to block the measure, as it increases defense spending without increasing non-defense discretionary spending. If Democrats are successful, it could effectively stop further Senate appropriations efforts on the floor, though the Senate Appropriations Committee will likely continue to pass appropriations bills out of committee, laying the groundwork for an omnibus bill later in the year.

This Week’s Hearings:

  • Wednesday, June 17: The Senate Budget Committee will hold a hearing titled “CBO’s Long Term Fiscal Outlook for the Nation.”

  • Wednesday, June 17: The House Budget Committee will hold a hearing titled “Why Congress Must Balance the Budget.”

FY 2016 Appropriations Committee/Subcommittee Markup Hearings

  • Tuesday, June 16: The Senate Appropriations Homeland Security Subcommittee will hold a markup of the FY 2016 Homeland Security Appropriations Bill.

  • Tuesday, June 16: The Senate Appropriations Interior, Environment, and Related Agencies Subcommittee will hold a markup of the FY 2016 Interior and Environment Appropriations Bill.

  • Tuesday, June 16: The House Appropriations Committee will hold a markup of the FY 2016 Interior and Environment Appropriations Bill.

  • Wednesday, June 17: The House Appropriations Labor, Health and Human Services, Education, and Related Agencies Subcommittee will hold a markup of the FY 2016 Labor, Health and Human Services, and Education Appropriations Bill.

  • Wednesday, June 17: The House Appropriations Committee will hold a markup of the FY 2016 Financial Services and General Government Appropriations Bill.

© Copyright 2015 Squire Patton Boggs (US) LLP