08.27.26 - What to Watch Ahead of a CR Vote

The House comes back to Washington next week—but for how long? Reporting indicates that Republican leaders plan to fast-track a vote on the Senate-passed continuing resolution (CR) that funds the government through December 11. Without a stopgap funding bill, the government will shut down on September 30.

Below, we’ll walk through the key questions to watch as House Members head back to D.C. 

What does the Senate-passed CR do? 

The CR that the Senate passed 90-6 on August 8 funds the federal government at current spending levels through December 11. 

In addition, it extends several federal programs set to expire on September 30, including aid for veterans, the National Flood Insurance Program, federal transportation programs, trade advantages for Haiti and 30+ sub-Saharan African countries, and a salary freeze for Members of Congress. 

The CR also halts two federal policy changes: one creating a new definition for hemp products, and another giving federal political appointees new power over grantmaking. The latter concerns a rule the Office of Management and Budget (OMB) proposed in May, prompting bipartisan concern from lawmakers, research institutions, and municipalities on the grounds that the administration’s ideological preferences would dictate which entities receive federal funding. The CR bars OMB from enacting this change through December 11. 

Will the House pass the CR—and, if they do, will President Trump sign it? 

House Republican leaders plan to put the CR on the floor under suspension of the rules, a fast-track procedure that requires support from two-thirds of the House. This suggests they’re confident that both Republicans and Democrats will vote for the CR in large numbers. 

As for the President: we’ll see. Yes, passage would avert any threat of a government shutdown ahead of the midterm elections and allow Republican lawmakers to go back to their districts and states to defend GOP majorities in the House and Senate. More on that later. 

However, if the President believes this really might be the last year of his presidency with unified Republican control, he could make a last-ditch effort to attach some of his priorities to this CR. Whether it’s his voter suppression bill, more taxpayer funding for the Iran war, or something else, an 11th hour push for the President’s pet priorities would undoubtedly delay things—and perhaps even threaten a shutdown on September 30. 

If the CR becomes law, does that resolve all outstanding questions about federal funding before the midterms?   

One big question mark the CR doesn't address concerns pocket rescissions, a tactic OMB used last year to cut off foreign assistance funding without Congress’ permission. 

In a nutshell, the rescissions process enables the President to ask Congress for permission to not spend federal money as Congress directed. Congress can grant that permission, amend their spending law (e.g., claw back some money, but not all of it), or deny the request and force the President to spend the money in accordance with Congress’ original instructions. If Congress fails to act on a rescissions request within 45 days, the administration is obligated to spend the money. For more details, check out our FAQs on Rescissions. 

A pocket rescission refers to a rescission request the President makes less than 45 days before the end of the fiscal year. Come the end of the fiscal year, the Trump administration argues, that funding is nullified. While the Government Accountability Office considers pocket rescissions illegal, the Supreme Court allowed last year’s pocket rescission of foreign aid to proceed on the grounds that the suit to block the rescission lacked standing. The Court did not rule on pocket rescissions’ legality. 

While OMB Director Russell Vought said in June that OMB wasn’t planning another pocket rescission ploy, he wouldn’t rule out the option, either.  

If the CR becomes law, will lawmakers finish out the September session? 

If the House clears the CR and President Trump signs it, there’s little keeping lawmakers in D.C. in the run-up to the November 3 midterm elections. While Congress has three additional session weeks on the books post-Labor Day, GOP leaders could certainly opt to send their Members home early to campaign. First, we’ll have to see what happens next week. 

If you’d like a live update for your group or coalition, reach out to catherine@webuildprogress.org. Thanks!