The Final Hour CR and the Upcoming Consideration of the Debt Limit, NDAA, and PODA
Congress passed a short-term spending bill that funds the federal government through February 18, after postponing decisions in September. The measure passed, despite the slim likelihood of a unanimous vote of all 100 senators for expedited consideration.
“While I wish the February 18 end date were earlier, this agreement allows the appropriations process to move forward toward a final funding agreement which addresses the needs of the American people,” stated Rep. Rosa DeLauro (D-CT), Chairwoman of the House Appropriations Committee. “Instead of short-term funding patches like this, working families, small businesses, veterans, and our military need the certainty that comes with passing an omnibus.”
With the extension of this overwrought period, concerns continue about the resolution.
As previously reported in FEDmanager, OMB announced a full-year continuing resolution (CR) rather than passing appropriations bills would create a staff shortage at the Social Security Administration (SSA), the Centers for Disease Control and Prevention (CDC) would lose $1.6 billion in funding, and the Department of Agriculture (USDA) would have difficulty maintaining enough Food Safety and Inspection Service (FSIS) employees at its meat and poultry plants.
In a statement on December 6, Secretary of Defense Lloyd J. Austin III warned of the drastic consequences for the Department of Defense (DOD) if Congress proceeds with a full-year CR. He notes 100 DOD construction projects would also be delayed, and prevent the proposed 2.7 percent pay increase for service members.
“At a time when our adversaries are advancing their concepts and capabilities to erode our strategic advantages our hands will be tied,” stated Austin, “I strongly urge Congress to seize this opportunity to sustain American competitiveness, advance American leadership, and enable our forces by immediately reaching a bipartisan, bicameral agreement on full-year 2022 appropriation.”
This week, Congress is expected to consider the debt limit and the National Defense Authorization Act (NDAA), plus the House will resume discussions on the Protecting our Democracy Act (PODA).
In letter to Senate Democrats, Majority Leader Chuck Schumer (D-NY) announced a long legislative process including raising the debt limit and passing President Biden's "Build Back Better" investment bill. Moreover, Schumer emphasized the Senate plans on completing the defense bill this week.
Minority Leader Mitch McConnell and Schumer are still discussing a new debt limit increase after partisan rancor roiled financial markets over the last increase in October. As a result of the processing time, Schumer advised his colleagues to be prepared for weekend votes.
Vis-à-vis the NDAA, lawmakers remain at an impasse.
In recent years, Congress has passed the NDAA in the closing weeks of the calendar year. According to experts, there's precedent for the legislation passing in the new year with few consequences if it passes. Among other things, it authorizes activities for the Department of Defense's fiscal year that begins in October, requests reports from the Pentagon, and sets policies like military justice reform and who should register for the draft.
The Senate Democratic leadership also expects to make progress on the NDAA, which must pass each year for defense policy the annual defense policy bill passed the past 60 years. The current state of the bill authorizes $770 billion for the Pentagon. As one of the only major bills to become law every year, the NDAA is utilized to address a range of issues from competition with China to cyber policy.
Bradley Bowman, Senior Director at the Foundation for Defense of Democracies, says that even though the bill doesn't impact how the Defense Department (DOD) functions, the lack of congressional action could weaken Congress' oversight authority.
Because the Senate and House bills need to be reconciled, Congress has a short window remaining before the NDAA is set to expire on December 31.
The bipartisan PODA could strengthen Congress' ability to pursue effective civil enforcement of its subpoenas. These provisions clarify Congress' standing to enforce its subpoenas in court, require judges to expedite their decisions, and impose for the first-time monetary penalties for noncompliance.
In line with recent Senate practice changes, the act would allow House members who serve on committees to designate one personal office staffer who could apply for Top Secret/Sensitive Compartmentalized Information (TS/SCI) clearance.
The Government Accountability Office’s (GAO) authority could expand to include oversight of the Intelligence Community (IC), a claim currently asserted by the GAO but denied by Department of Justice's (DOJ) Office of Legal Counsel (OLC), leading to noncompliance by the IC.
The bill contains several amendments concerning executive branch accountability, such as the disclosure of White House visitor logs and the addition of salary and financial disclosure information, the strengthening of provisions allowing for a president to be indicted or prosecuted during their tenure in office, several Hatch Act fixes, and address the White House's expansive assertion of emergency powers.
The bill will presumably pass the House, although it is improbable to clear the Senate as is.
