The end of the fiscal year is rapidly approaching, and, once again, Congress finds itself racing against the clock to keep the government open. With election season kicking into high gear, it’s almost as if Congress enjoys juggling flaming torches while riding a unicycle—because who doesn’t love a good spectacle when their job is on the line?
Congress still needs to pass all 12 of the necessary spending bills or adopt a Continuing Resolution extending Fiscal Year 2024 (FY24) funding to prevent a government shutdown on October 1, the start of FY25. The appropriations process should’ve been a tad less fraught this year seeing as the top line discretionary spending limit, which is what usually trips them out-of-the-gate, was actually established last year (June in fact) in the Fiscal Responsibility Act of 2023 (FRA). But some lawmakers are pushing to spend less than the caps, some more. However that is resolved, the legislation also includes penalties for failing to enact appropriations by January 2025, so they better get a move on. With about a dozen working days in September when both the House and Senate are in session, time is short.
The FRA caps total discretionary spending at $1.6 trillion—a 1% increase over FY24. Of this amount, $895 billion is reserved for defense, and $711 billion for non-defense. To evade the caps lawmakers are tacking on $21 billion for defense and $13.5 billion for non-defense in so-called emergency (but not all of it is really emergency) spending.
Missing the October 1 deadline could trigger a government shutdown, but much more likely the aforementioned Continuing Resolutions (CR)—stopgap measures that keep the government running but freeze spending at current levels. A wrinkle lies in the FRA’s enforcement mechanisms: if Congress fails to enact all necessary appropriations bills by January 1, 2025, automatic, across-the-board spending cuts of 1% will kick in, affecting both defense and non-defense spending. But that would happen retroactively in April—which is how a cut was avoided this year when the FY24 Omnibus spending bill wasn’t passed until March.
The House Freedom Caucus is pressuring Speaker Johnson to push for a long-term CR that extends funding through early 2025, hoping for a Republican-controlled government next year and to alleviate holiday pressure to just pass something so lawmakers can go home. However, many Republicans and virtually all Democrats prefer a shorter-term CR. After witnessing how former Speaker Kevin McCarthy was ousted under similar circumstances, Speaker Johnson is walking a tightrope.
The expiration of key federal programs at the end of next month adds another layer of urgency. Congress needs to address supplemental funding for the rapidly depleting Disaster Relief Fund in order to cover federal natural disaster response. The National Flood Insurance Program (NFIP) authority is set to expire on September 30, 2024, unless Congress acts to reauthorize it. This means that at the stroke of midnight, the NFIP would no longer be able to issue new flood insurance contracts or renew existing ones. If new flood insurance policies cannot be issued, then many real estate transactions in flood-prone regions will grind to a halt.
Temporary Assistance for Needy Families is a federally funded, state-administered program that provides financial assistance and support services to low-income families with children. If it expires, absent Congressional action, states will lose funding, potentially leaving recipients without essential services, while also straining state budgets.
The current Farm Bill, officially known as the Agriculture Improvement Act of 2018, was originally set to expire on September 30, 2023. However, Congress enacted a one-year extension through the end of next month. If it expires, many agricultural programs will technically revert to outdated “permanent laws” from the 1930s and 1940s, that would massively disrupt agricultural markets starting January 1. Nutrition assistance programs like the Supplemental Nutrition Assistance Program (SNAP) could also face funding gaps without a resolution of the appropriations process.
In 2024, a total of 251 program or agency authorizations are set to expire, with a combined value of approximately $892 billion. Other examples include programs originally authorized under the 21st Century Cures Act, which supports medical research and healthcare innovation, or the Foreign Relations Authorization Act, which funds diplomatic and international activities. The most substantial are related to defense activities, with other expiring authorizations spread over education, energy, commerce, and foreign affairs.
And it doesn’t end there. Besides setting the spending caps, the FRA also suspended the debt ceiling (remember that?), but only until January 1, 2025, setting the stage for another Congressional game of chicken for the next President. If Congress fails to raise or suspend the debt ceiling, the U.S. government would be unable to meet its financial obligations, leading to default, which—as we all know—would be catastrophic.
So, yeah. Lots to do.
Get Social