ARTICLE
5 August 2024

The Topline: Steptoe Appropriations Newsletter - August 2, 2024

SJ
Steptoe LLP

Contributor

In more than 100 years of practice, Steptoe has earned an international reputation for vigorous representation of clients before governmental agencies, successful advocacy in litigation and arbitration, and creative and practical advice in structuring business transactions. Steptoe has more than 500 lawyers and professional staff across the US, Europe and Asia.
The Topline will be taking a break for August recess and will be back in your inbox on Friday, September 13th.
United States Strategy
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Programming Note: The Topline will be taking a break for August recess and will be back in your inbox on Friday, September 13th.

Out for Summer: On Thursday, the Senate Appropriations Committee passed the Energy and Water, Defense, Labor-HHS, and Financial Services bills by near unanimous votes. Going into August recess, the Senate has now passed 11 of 12 FY25 bills in full committee. The only bill left is Homeland Security.

Homeland Hang-Up: Senate Homeland Security Appropriations Subcommittee Chairman Chris Murphy (D-CT) and Ranking Member Katie Britt (R-AL) wrote to the new Secret Service Director on Wednesday seeking information about the agency's FY25 budgetary needs in the wake of the attempted assassination of President Trump. The letter states that this information is a "needed step" before the full committee can move forward with the FY25 Homeland Security bill, which was pulled from Thursday's markup over this and immigration-related provisions. Both Chair Murray and Vice Chair Collins are willing to work with Senators Murphy and Britt on a path forward once the Secret Service sends more information on funding needs.

Continuing Resolution: Following the August recess, Congress will turn its attention to a continuing resolution (CR) that will fund the government through the election, likely expiring November 22ndor December 6th. This week, House Appropriations Chair Cole said he has been in discussions with the Senate and White House to potentially attach emergency supplemental funding to the CR to pay for disaster aid and repair of the Francis Scott Key Bridge in Baltimore.

We have also heard a rumor that Congress may leave for recess after September 20th, a week earlier than expected (call us skeptical). This would shorten the stopgap timeline even more, giving Congress only two weeks after the August recess to pass a CR.

VA Shortfall: On Monday, Sen. Sherrod Brown (D-OH), alongside Senate Appropriations Chair Murray and Vice Chair Collins, announced legislation to address the Department of Veterans Affairs' $15 billion funding shortfall, which could affect veterans' benefits as soon as October 1st. The VA informed the committee of the shortfall after both chambers had already marked up their FY25 MilCon-VA bills. The newly introduced bill appropriates nearly $2.9 billion in additional funding for the agency to cover compensation, pensions, and benefits in the near term.

Reforming Appropriations: Recently, we have noted increased bipartisan and bicameral discussion on reforming the congressional appropriations process. While appropriators have made admirable progress this year, there is a widespread agreement that the system needs reform. Senate Minority Whip John Thune (R-SD), who is running for Republican Senate Leader, has promised an overhaul of the process if he gets the job. Reforming the way Congress legislates appropriations is a lofty task, and we will be keeping a close eye on any movement in this area.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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