Continuing Resolution Passes, Congress Continues Budget Debate

The Senate passed a continuing resolution Wednesday night that would keep some government departments open through January 19 and others through February 2. The CR was passed by the House on Tuesday night, and President Joe Biden is expected to sign it before the deadline Friday night at 11:59 p.m.

The CR would fund the departments of Transportation, Housing and Urban Development, Veteran’s Affairs, Energy, and Agriculture through January 19. The remaining departments, including the Department of Labor, would be funded through February 2.

The CR funds the government at current levels for 2023 and allows federal operations to continue normal functions and scheduled projects. This includes regulatory rulemaking such as the fiduciary adviser proposal, the comment period for which expires on January 2.

The House has postponed proceedings on the budget bill for the Departments of Labor, Education and Health and Human Services; though it is considered likely to pass the House. The bill in its current form would block the DOL’s fiduciary adviser proposal, independent contractor proposal, and final rule on environmental, social and governance considerations in retirement plans and proxy voting.

The bill would also fund DOL, including the Employee Benefit Administration, at levels significantly less than the Senate’s version of the same bill and less than the budget deal struck in May between Biden and former House Speaker Kevin McCarthy, R-California.

The White House has already announced its intention to veto this House appropriations bill, which is unlikely to pass the Senate in its current form.

Overall, the House has passed seven of the 12 annual appropriations bills that fund the government for a full fiscal year. The Senate has passed three.

The House has recessed for the Thanksgiving holiday. Members are expected to resume work in Washington November 28. The Senate is scheduled to be out of Washington next week for Thanksgiving and a “state work period,” November 20 to November 24.