Four things that could complicate Congress's efforts to avert shutdown 

Congress is staring down a deadline this month to prevent a government shutdown, as members on both sides of the aisle have made clear a stopgap of some kind will be needed to keep the lights on.

Lawmakers have until Sept. 30 to pass legislation to prevent a funding lapse. And while the coming November elections could make the chances of a shutdown less likely, leaders have their work cut out for them amid deep divides on spending. 

Here are some things that could complicate those efforts.

Duration of CR

There is bipartisan backing behind a continuing resolution (CR) that would keep the government funded at current levels beyond the November elections, when either side could gain significant leverage in funding talks depending on the outcome. 

But some Republicans in the House and Senate, bullish on former President Trump’s chances of reclaiming the Oval Office, have been pressing for a stopgap bill that would kick the next funding deadline into next year. 

Proponents of the idea argue the bill could help prevent Congress from being jammed with an end-of-year funding package combining all 12 government funding bills for the next fiscal year, while potentially giving Trump more input in the legislation if he wins the White House this fall.

Democrats have pushed back strongly against the idea and some Republicans, particularly those tasked with crafting the annual spending legislation, are also reluctant to punt the work into next year.

House Appropriations Chair Tom Cole (R-Okla.) has repeatedly pushed for lawmakers to finish their funding work this year.

“I think they believe, which I agree with, we will win the presidential, and they think that will give them more leverage,” Cole said earlier this year. But he has also reiterated that similar strategies undertaken in the past have not always worked. 

Proof-of-citizenship voting bill

There is a growing push from House conservatives to attach legislation for stricter proof-of-citizenship requirements for voting to the expected CR.

But any funding bill that includes the measure almost certainly wouldn’t be able to pass the Democratically-controlled Senate, adding hurdles to the process during a narrow window.

Advocates pushing the Safeguard American Voter Eligibility (SAVE) Act say the legislation would ensure that only citizens can vote in federal elections, partly by making it mandatory for states to obtain proof of citizenship to register voters and by requiring states to purge noncitizens from voter rolls.

Democrats have fiercely opposed the bill, which the Biden administration vowed to veto when the House considered it last month, noting it is already a crime for noncitizens to vote in federal elections. The White House also argued the bill would make it more difficult for eligible voters to register and increase “the risk that eligible voters are purged from voter rolls.”

Some conservatives also see the strategy as a means to gain more leverage to secure other priority items.

Speaker Mike Johnson (R-La.) on a recent press call that discussions remain ongoing on strategy for funding.

Asked whether he thinks Johnson would wind up attaching the SAVE Act to a stopgap bill next month, Rep. Andy Biggs (R-Ariz.), who previously backed the voting bill back in July, responded, “I think he actually might do it.”

“The question really would be, does it get out of the House?” he added. “And I don’t know.”

Spending levels

Hardline conservatives are still upset about the spending levels set in place by a pair of major spending packages that passed with bipartisan support earlier this year  – and some aren’t excited about the prospect of CR that would keep funding frozen in place.

“Look, my problem is a CR just keeps the same spending in place. You either end up with an omnibus. Some people want to do a full-year CR,” Biggs said. “Why don’t we just actually do the budget bills? … The whole thing is so convoluted, messed up and crazy.”

The House has passed partisan versions of about half of the 12 regular funding bills, but intraparty squabbling has stopped others from passing on the House floor. The Senate, meanwhile, has advanced most of its spending bills out of committee but hasn’t passed any on the floor — and is unlikely to take up the House version of any of the measures.

VA budget shortfall

Congress failed to pass legislation before leaving town last month to address a roughly $3 billion budget shortfall for the Department of Veterans Affairs (VA), as officials warn millions of veterans’ benefits are at risk in the coming weeks.

The agency has cited the PACT Act, a landmark law that passed with bipartisan support in 2022, as the key driver behind the budget shortfall, pointing to increases in enrollment in VA health care, appointments and applications benefits.

The VA said it’s calling on Congress to provide about $3 billion in “mandatory benefits funds” for fiscal 2024, as well as roughly $12 billion in fiscal 2025 “for medical care.”

Senators on both sides have been hopeful of passing a standalone bill to plug the immediate, smaller funding gap by a Sept. 20 deadline – little over a week before government funding is set to lapse.  

Sen. John Boozman (Ark.), the top Republican on the subcommittee that crafts annual VA funding, was pressed before recess about using the expected stopgap funding bill as a vehicle for legislation tackling the nearly $3 billion shortfall.

“I think the only problem there is that nobody really knows when that's going to happen, but this is something that we want to make sure that we take care of veterans, and they don't miss a check, which many of them totally depend on,” Boozman said, although he noted there's a “possibility” of the emergency funds riding on a CR.