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By Amanda Hampton, Associate,
Nessle & Blakey
Lawmakers defied expectations on September 30 by passing a stopgap continuing resolution to extend fiscal year 2023 (FY23) funding through November 17, barely avoiding a government shutdown that otherwise would have begun on October 1.
In the days leading up to the FY24 appropriations deadline, a government shutdown appeared imminent as lawmakers feuded over providing aid to Ukraine and spending cuts. As the Senate worked to bring a continuing resolution up for a vote on September 30, the House introduced and passed its own 48-day continuing resolution by a 335-91 vote. The House sent its proposal to the Senate, who ditched their measure and passed the House bill by an 88-9 vote before presenting it to President Biden for signature.
To ensure the measure would receive adequate bipartisan support to pass both chambers, the bill did not incorporate some of the contentious provisions previously under negotiation, such as aid to Ukraine or spending cuts. Following the passage of the continuing resolution, Majority Leader Charles Schumer (D-NY) and Minority Leader Mitch McConnell (R-KY), alongside other Senate leaders, vowed that the Senate would work to provide economic support to Ukraine in the coming weeks.
While Congress’ common tactic of enacting a continuing resolution effectively prevents a government shutdown, it comes with a cost as government activities are restricted. Under the continuing resolution, federal agencies are prohibited from using funds to initiate new programs and activities. Additionally, federal agencies are unable to make final decisions on competitive grant programs, unless the funding opportunity receives advance appropriations from the Bipartisan Infrastructure Law (BIL). Certain grant programs administered by the U.S. Department of Transportation will carry on business as usual since they received FY24 funding from the BIL on October 1, including: the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) program, which received $1.5 billion; the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program, which received $1 billion; and the Port Infrastructure Development Program (PIDP), which received $450 million.
Congress faced another deadline on October 1 – the
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Federal Aviation Administration (FAA) authorization. Since Congress has been unable to pass an FAA reauthorization bill through both chambers, lawmakers incorporated a short-term extension into the continuing resolution to give Congress until December 31 to reach an agreement. While the House passed a five-year, $108 billion FAA bill in July, the Senate has been at a stalemate since June due to provisions related to pilot training requirements. The Senate Committee on Commerce, Science, and Transportation has not announced when it plans to hold a markup of its FAA proposal.
House Committee on Transportation and Infrastructure Chair Sam Graves (R-MO) and Ranking Member Rick Larson (D-WA) emphasized that passing a full FAA reauthorization is a top priority, stressing that “a series of short-term extensions will be detrimental to the FAA, airport infrastructure improvements, and the aviation industry.”
Now that lawmakers have secured additional time to pass FY24 appropriations, they will resume efforts to advance the 12 appropriations bills required to fund all government activities and programs. Should Congress be unable to resolve their differences by November 17, legislators must enact an additional continuing resolution to circumvent a government shutdown.
Both the House and Senate Committees on Appropriations approved their respective Transportation, Housing and Urban Development (THUD) appropriations bill for FY24 in July. The House’s $65.2 billion THUD bill cleared the committee by a 34-27 vote and is expected to receive floor consideration the week of October 9. The Senate has not scheduled a vote on its $88.1 billion THUD proposal that the committee unanimously approved.
Nessle & Blakey, Ltd. is a public affairs and
communications consulting firm based in
Washington, DC.
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