Congress Averts Government Shutdown with Six-Month Stopgap Funding Measure

On March 14, the Senate gave final approval to a stopgap funding bill that will keep the federal government running through September 30, 2025. The Continuing Resolution (CR; H.R. 1968), which narrowly passed the House earlier in the week, was crafted by Speaker Mike Johnson (R-LA) in coordination with the Trump administration. The $1.7 trillion package would increase defense spending by roughly $6 billion, while cutting about $13 billion from non-defense discretionary programs. It largely maintains fiscal year 2024 funding levels but includes several key anomalies – most notably, the elimination of all Congressionally Directed Spending (“earmarks”) for fiscal year 2025. It should be noted that the measure does not include any additional disaster aid to address the recent California wildfires, nor does it provide a solution for the looming debt ceiling deadline. 

While Democrats expressed concerns over the cuts to non-defense discretionary spending, they were also frustrated by the absence of legislative safeguards on President Trump’s ability to further reduce the federal workforce or withhold federal grants. Additionally, because the CR lacks a joint explanatory statement or conference report to guide agency spending, it grants the executive branch greater discretion over some funding decisions. Despite pressure from House Democrats to block the measure, Minority Leader Chuck Schumer (D-NY) and nine Senate Democrats joined Republicans to bypass the filibuster, clearing the way for a final vote. The bill ultimately passed 54-46. Schumer justified his support by emphasizing the broad executive discretion the Trump administration would have exercised during a government shutdown.

Other highlights of the CR include:

  • Extends the authorization for the National Flood Insurance Program (NFIP) through September 30, 2025.
  • Extends the authorization for the Temporary Assistance for Needy Families (TANF) program through September 30, 2025.
  • Provides an additional $485 million to Immigration and Customs Enforcement (ICE) to address shortfalls in funding for immigration detention beds, transportation, and deportations.
  • Provides an additional $567 million for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) to ensure the program can meet projected needs.
  • Increases project-based rental assistance by $480 million and tenant-based rental assistance by $3.6 billion, though the increase is likely not sufficient to cover the needed cost of voucher renewals.
  • Provides a permanent pay increase for federal and tribal wildland firefighters.
 

 Trump Administration Announces Intent to Revise WOTUS Rule

The Trump administration recently signaled its intent to write a new rule governing the scope of waterways that fall under the regulatory purview of the federal Clean Water Act. Pursuant to a March 12 announcement by the U.S. Environmental Protection Agency (EPA), it will work with the U.S. Army Corps of Engineers to revise the definition of “waters of the United States” (WOTUS) to align with the U.S. Supreme Court’s 2023 decision in Sackett v. EPA. In Sackett, the Court determined that the Clean Water Act’s use of WOTUS encompasses only those relatively permanent, standing, or continuously flowing bodies of water forming streams, oceans, rivers and lakes.

It should be noted that EPA’s forthcoming regulatory effort represents the fourth time in the past decade that the Agency will write a new WOTUS rule. Within that timeframe, a vast number of lawsuits have been filed by diverse stakeholders challenging the legality of various iterations of the rule. Generally, environmental groups have been pitted against the agriculture and construction industries, with the latter favoring a regulatory framework that subjects traditional navigable waterways to Clean Water Act jurisdiction.

Looking ahead, EPA has indicated that it will hold a number of public listening sessions. While specific dates have not yet been announced, the sessions will take place in late March and in the month of April. The Agency also will be soliciting written recommendations on key topic areas as part of an open public docket. More information can be found here.

 

Trump Executive Order Dismantles Homelessness, Library Services Agencies

On March 14, President Trump issued an Executive Order to eliminate the United States Interagency Council on Homelessness (USICH) and the Institute of Museum and Library Services (IMLS), “to the maximum extent consistent with applicable law.” Both agencies were created by statute, so the effect of the EO is to reduce staff and activities of the entities to a minimum. The USICH’s mission has been to prevent and end homelessness in the U.S., while the IMLS is the federal agency that supports libraries, archives, and museums in every state. The EO also will severely reduce the capacity of the United States Agency for Global Media (USAGM) whose mission is to ‘inform, engage, and connect people around the world in support of freedom and democracy.’ The USAGM is the umbrella agency overseeing the Voice of America.