Stopgap Funding Bill

Extending stopgap funds through the end of the fiscal year would hand "vast discretion" to President Donald Trump on spending decisions and create shortfalls in vital areas ranging from veterans health care to aviation safety, according to a memo from Senate Democratic appropriations aides.

The memo from Senate Appropriations ranking member Patty Murray's staff paints a stark picture of what could happen if lawmakers resort to a full-year continuing resolution rather than pass full-fledged spending bills when the current stopgap law expires March 14.

But appropriations talks have stalled as Democrats seek assurances the administration will respect Congress’ power of the purse, and House Republicans try to limit Senate earmarks. Speaker Mike Johnson (R-LA), and Senate Majority Leader John Thune, R-SD, both see a full-year CR as the only option with limited time left ahead of the spending deadline. 

But Democrats' votes would be necessary for a yearlong stopgap bill, given the 60-vote hurdle applies to appropriations bills in the Senate and House Republicans have had major problems passing spending bills without bipartisan support. And aides to Murray, D-Wash., are making it clear that both parties' priorities could get trampled under the preferred direction of GOP leaders.

Hundreds of specific funding directives included in fiscal 2024 would “fall away” under such a stopgap bill rather than carry over, which would “create large slush funds for the Trump administration,” according to the memo. 

“Congress should not pass a clean full-year CR that would cede immense discretion and authority to President Trump, Elon Musk and [Office of Management and Budget Director] Russell Vought to zero out programs and redirect funding as they see fit," the memo says. And it would prevent lawmakers from addressing actions already taken by the Trump administration to block federal funds and stop lawmakers from making targeted new investments.

Specific adverse effects of a full-year CR include the following, according to Democrats' memo:

• It would prevent lawmakers from avoiding shortfalls in the Special Supplemental Nutrition Program for Women, Infants and Children, leave in place a $6 billion budget hole for veterans medical care, force other agencies ranging from the Defense Department to the Food Safety and Inspection Service to cut staff and eliminate low-income housing vouchers for 330,000 households.

• The Federal Aviation Administration, already under pressure due to recent deadly plane crashes including near Ronald Reagan Washington National Airport, would "face a drastic shortfall" across various accounts, including for air traffic controllers.

• A yearlong stopgap bill would give the Pentagon $30 billion of general transfer authority, which could allow the administration to ignore lawmakers' funding direction and "instead use funding to, for example, turbo-charge DOD immigration support operations, construct border wall, and enjoy total discretion to start or stop hundreds of programs" that have bipartisan backing. For example, it would allow the Defense Department to shift $1.5 billion in medical research funding to immigration enforcement activities.

• Restrictions written into appropriations laws for immigration enforcement would fall away, which would “provide a blank check with no guardrails for detention or law enforcement oversight, humanitarian relief, or enforcement restrictions on vulnerable populations."

• The administration could transfer money across Education Department programs to increase funds for charter schools while cutting other programs, and move Energy Department funding from renewable energy programs to fossil fuels and from science and technology to nuclear warhead programs.

• It would give the administration “near-absolute discretion” over Army Corps of Engineers projects, which Democrats worry could allow Trump to "slow and stop projects in certain states," potentially targeting political opponents.

• Funding could be moved away from the Internal Revenue Service’s tax enforcement activities targeting billionaires and large corporations.

• It would also allow the administration to ignore congressional directives funding specific programs across the federal government, including at the EPA, Fish and Wildlife Service, National Oceanic and Atmospheric Administration, Small Business Administration and many more. The Centers for Disease Control and Prevention has over 100 individual programs, projects and activities that could be ignored, for example, from immunization programs to firearms injury prevention.

Certain funding directives and "anomalies" to alleviate shortfalls could be included in a yearlong stopgap bill.

But Democrats' memo makes clear they don't expect bipartisan cooperation from the White House or Hill Republicans on providing additional direction to agencies on how money could be spent, which has been done under previous full-year CRs.

In short, a yearlong stopgap bill would enable the Trump administration to "potentially legally wipe away" lawmakers' funding priorities for fiscal 2025, the memo says.