Every Fall There’s a Government Shutdown Warning. This Time It Could Happen

WASHINGTON — Congress returns to Washington, D.C., this week following an uneventful August recess where little to no progress was made on government funding, even though lawmakers have just weeks left until their shutdown deadline.

Republican leaders will need the support of several Democratic senators to approve a stopgap spending bill before Oct. 1, since lawmakers have once again failed to complete the dozen full-year bills on time.

But what was once a routine bipartisan exercise has taken on heightened stakes, with Democrats and some Republicans increasingly frustrated by the Trump administration’s unilateral spending decisions.

The nonpartisan Government Accountability Office has issued several reports faulting the Trump administration for impounding, or refusing to spend funds approved by Congress, in violation of the law. And dozens of lawsuits have been filed, alleging the administration has acted to supersede Congress’ power of the purse.

The ongoing tension, combined with party leaders’ increasing focus on next year’s midterm elections, makes the possibility of a shutdown higher than it has been for years.

President Donald Trump said in mid-August he was open to meeting with Democratic leaders once they were back in town to negotiate a government funding deal but minimized the importance of talks.

“Well, I will, I guess, but it’s almost a waste of time to meet because they never approve anything,” Trump said.

Senate Democratic Leader Chuck Schumer and House Democratic Leader Hakeem Jeffries released a letter last week urging Speaker Mike Johnson and Senate Majority Leader John Thune to quickly begin negotiating a bipartisan stopgap bill.

“The government funding issue must be resolved in a bipartisan way,” they wrote. “That is the only viable path forward.”

Senate Appropriations Chairwoman Susan Collins, R-Maine, said last week that she wants to keep advancing the full-year spending bills, but that a short-term stopgap would be necessary to give lawmakers enough time.

“We need to avoid a government shutdown, which would be horrendous if that were to occur on October 1,” Collins said, according to remarks provided by her office. “And we also need to avoid having a continuing resolution, by that I mean a stopgap bill that just puts government on automatic pilot for the whole year.

“We’re going to have to have a short-term continuing resolution, but we’re making really good progress with overwhelming bipartisan support, and I hope that will continue.”

Another failure

Congress is supposed to complete work on the dozen annual appropriations bills before the start of the new fiscal year but has failed to do so for decades. This year is no different.

The House and Senate are nowhere near finishing their work on the bills, which provide funding for dozens of departments, including Agriculture, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice, State, Transportation and Veterans Affairs.

The bills, which make up about one-third of federal spending, also fund smaller agencies like the National Oceanic and Atmospheric Administration, National Science Foundation and the National Weather Service.

The House has approved two of the dozen bills — Defense and Military Construction-VA. The Senate has passed its Agriculture, Legislative Branch and Military Construction-VA bills.

The House bills have only been supported by GOP lawmakers, while the Senate’s bills are broadly bipartisan, giving that chamber an upper hand if the two chambers begin conferencing full-year bills later this year.

Without a bipartisan, bicameral agreement on how much to spend on all of the bills, it’s highly unlikely Congress will be able to complete its work before the Oct. 1 deadline.

Leaders will instead need to reach agreement on a stopgap spending bill that essentially keeps government funding on autopilot until lawmakers can work out a final deal on the full-year bills.

The calendar doesn’t give Speaker Johnson, R-La., and Senate Majority Leader Thune, R-S.D., much time to find compromise with their Democratic counterparts.

Both chambers are in session for three weeks at the beginning of September before breaking for Rosh Hashanah. They’ll return to Capitol Hill on Sept. 29 with less than two days to fund the government or begin a partial shutdown.

Thune said in mid-August at the Greater Sioux Falls Chamber of Commerce Inside Washington luncheon that he expects lawmakers will “have a big fight at the end of September.”

Last shutdown stretched 35 days

It’s been almost seven years since some federal departments and agencies had to navigate a shutdown, when Congress and the first Trump administration were unable to broker a funding deal before a deadline.

A shutdown this year would have substantially more impact than that 35-day debacle since, when that funding lapse began, Congress had approved the Defense, Energy-Water, Labor-HHS-Education, Legislative Branch and Military Construction-VA spending bills.

The departments and agencies funded by those laws, including Congress, weren’t affected by the shutdown.

Lawmakers have failed to send any of the full-year bills to Trump so far this year, so every department and agency would need to implement a shutdown plan if Congress doesn’t approve a stopgap spending bill before Oct. 1.

Federal employees who deal with the preservation of life and property as well as national security will likely be deemed exempt and work without pay until the shutdown ends.

Workers who are not considered essential to the federal government’s operations would be furloughed until Congress and the president broker some sort of funding deal.

Both categories of employees receive back pay once the lapse ends, though that doesn’t extend to federal contractors.

On to the stopgap

Congress regularly approves a stopgap spending bill in September to gain more time to complete negotiations on the full-year appropriations bills.

That continuing resolution, as it’s sometimes called, usually lasts until the last Friday in December when both chambers of Congress are scheduled to be in Washington, D.C.

So a September stopgap would likely last until Friday, Dec. 19, assuming the House and Senate can reach an agreement and hold floor votes in the weeks ahead.

Last year, in the lead-up to the presidential election, lawmakers approved a stopgap bill in September that funded the government through mid-December.

Following the Republican sweep of the November elections, GOP leaders opted not to negotiate the full-year bills and used a second stopgap bill to fund the government until March after a raucous 48 hours on Capitol Hill.

Speaker Johnson took a go-it-alone approach on a third stopgap spending bill, leaving Democrats completely out of the negotiations and jamming the Senate with the legislation.

Schumer and several Democrats ultimately helped Republicans get past the 60-vote legislative filibuster, but most voted against actually passing the stopgap.

The dilemma over forcing a shutdown or helping Republicans pass a stopgap bill will resurface for Schumer in the weeks ahead as he tries to navigate another shutdown deadline amid unified GOP control of Washington.

by Jennifer Shutt, Virginia Mercury

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