A Lame Duck Congressional Cromnibus

A lame duck Congress is reduced to passing a tax bill that expires almost as soon as it passes and a spending bill that seeks to single out the Department of Homeland Security.

A lame duck Congress is reduced to passing a tax bill that expires almost as soon as it passes and a spending bill that seeks to single out the Department of Homeland Security.

The lame duck Congress appears on the verge of passing a tax bill that would expire January 1, 2015 and considering something called a "cromnibus," a plan to keep the federal government's doors open while placating conservative Republicans.

The tax bill, which would extend 50 expiring tax benefits, was once a promising measure. But the omission of an earned income tax credit, the threat of a presidential veto and the looming GOP congressional majority in the next Congress left negotiators little wiggle room. They chose the lowest common denominator – extending the tax provisions through 2014, but ending January 1, 2015.

That means tax credits, such as the one that benefit electric motorcycle manufacturers like Brammo in Ashland, Oregon, won't be unplugged, at least for now.

The cromnibus has a similar political lineage.

Just last month, House and Senate Appropriations staff were well on their way to negotiating framework for a 2015 omnibus spending bill. Thanks to a bipartisan deal crafted last December by Senator Patty Murray (D-WA) and Representative Paul Ryan (R-WI), domestic and national security spending levels were set for fiscal years 2014 and 2015. The deal gave Congress a funding road map for fiscal 2015 and allowed House and Senate Appropriations panels to write nearly all of their fiscal 2015 bills with comparable top-line spending levels, leaving less to negotiate.

Unfortunately, optimism for an omnibus measure faded after President Obama issued an executive order on immigration to protect five million undocumented immigrants from deportation. Many Republicans insist the executive actions are an abuse of constitutional power and are turning to the appropriations process to block Obama's efforts. 

To appease these members of the GOP, House Appropriation Chair Harold Rogers (R-KY) is crafting a "cromnibus" package. This measure would fund all of government operations and spending through the end of fiscal 2015, except for Homeland Security. A separate three-month continuing resolution would be provided for the agency, buying time for the GOP to determine how to block the executive orders in the new Congress.

Still, a group of vocal conservatives is pushing House GOP leaders to attach a policy rider to the cromnibus that explicitly prevents funding for executive actions on immigration. Such a move would be dead on arrival in the Senate. For now, the clock is ticking as appropriators race to finalize a plan that will pass both chambers by December 11 and prevent a government shutdown. 

Ultimately, the outcome of the lame duck session will give the best indication of how well the new Republican majority will work with President Obama. If Republicans prefer to play hardball with a possible government shutdown on December 11, the stage will be set for a tumultuous two years of governing.

Members of Congress returned to DC with a hefty to-do list that includes the National Defense Authorization Act, which has a strong history of bipartisan support and is on track to pass again this year.