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Tricky obstacles ahead to averting shutdown

Sunday - 7/28/2013, 9:40am  ET

House Speaker John Boehner of Ohio meets with reporters on Capitol Hill in Washington, Thursday, July 25, 2013. Boehner elevated his criticism of fellow Republican Rep. Steve King over King's suggestion that many unauthorized immigrants are drug runners, calling the comments "deeply offensive and wrong." (AP Photo/J. Scott Applewhite)

ANDREW TAYLOR
Associated Press

WASHINGTON (AP) -- Despite pressure from some liberal Democrats for a September showdown in hopes of ending huge automatic, government-shrinking spending cuts, Washington appears on track to avert what would be the first government shutdown in nearly two decades.

That's not to say it will be easy. Senior lawmakers on Capitol Hill are finding trickier-than-usual obstacles in their path as they try to come up with must-do legislation to keep federal agencies running after Sept. 30.

At issue is what is normally routine: a plug-the-gap measure known as a continuing resolution to fund the government for a few weeks or months until a deal can be worked out on appropriations bills giving agencies their operating budgets for the full 2014 fiscal year, which begins Oct. 1.

On the one hand are some Democratic liberals who don't want to vote to continue to fund the government at new, lower levels mandated by automatic, across-the-board spending cuts known as sequestration. This program has cut $55 billion -- about 5 percent -- from the day-to-day operating budgets of federal agencies since March.

"There are lots of progressives who care about domestic discretionary spending who think that the Republicans are winning because with the sequester we have a gradual downsizing of the government going on that nobody's doing anything about and If we just let it keep happening without having a confrontation about it we're losing. And Sept. 30 becomes a place to have a confrontation about it," said Democratic strategist Steve Elmendorf, a former longtime House staff aide.

On the other hand are conservatives making a last stand against President Barack Obama's new health care law and Senate Democrats' resistance to a $20 billion spending cut wanted by many, if not most, Republicans. These are two of the major problems confronting House Speaker John Boehner, R-Ohio, and other GOP leaders.

The combustible mix raises the possibility of the first government shutdown since the 1995-96 battle between President Bill Clinton and GOP insurgents led by Speaker Newt Gingrich. Republicans got the worst of that battle and have avoided shutdowns ever since.

"I don't see any big challenges," Boehner, R-Ohio, said recently. "The law is the law."

As for Obama, he'd be hard-pressed to veto a bill that keeps to government funded at the same rate it's funded now.

"The American people will not look kindly upon action taken here in Washington to shut down the government," White House Press Secretary Jay Carney said this week.

"He's not going to veto a short-term CR," said Democrat Elmendorf. "I just think realistically it's not going to happen."

The prevailing thinking is that it will all get worked out since leaders in both parties want to avoid a shutdown. But unlike last year, when Congress opted to delay debate on the so-called fiscal cliff until after the election and the December holidays, there has been little negotiation this time. The differences on spending levels also are more troublesome than last year.

The appropriations process is hopelessly tangled this year, in great part because the Democratic-led Senate and GOP-controlled House are more than $90 billion apart on how much to spend on Cabinet agency operations. And Oct. 1 is deceptively close since Congress takes the month of August off and has a limited schedule in September because of the Jewish holidays.

The ordinary thing to do would be to continue running the government on autopilot at current levels -- as has been done dozens of times since the 1995-96 debacle -- to buy time for negotiations this fall on both funding the government and raising the so-called debt limit. That would punt any battle over sequestration further into the fall.

But many tea party Republicans, spurred on by outside groups like the Heritage Foundation and the Club for Growth, which has a history of backing right-wing challengers against incumbents in GOP primaries, are vowing to oppose any short-term bill for keeping the government open that doesn't block spending on Obama's health care law.

"If you pay for a budget that pays for Obamacare ... you have voted for Obamacare," said Sen. Marco Rubio, R-Fla. "Some will say, 'That is crazy. You are going to shut down the government over Obamacare.' No. What is crazy is moving forward with this."

In the past, GOP leaders have beaten back efforts that made averting a government shutdown contingent on stopping funding for Obama's health care law. But conservatives are casting this as a last stand against a law they detest.

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