The House-approved continuing resolution (CR) failed to pass by a vote of 51-45. No one deviated from their previous vote. Senators Tammy Duckworth (D-IL), Bill Cassidy (R-LA), Thom Tillis (R-NC), and Tommy Tuberville (R-AL) did not vote. As of yesterday afternoon, the Senate has recessed for the weekend and is scheduled to convene on Monday evening to vote on the CR.
What are Congress members discussing?
Senator Jeanne Shaheen (D-NH) has reportedly suggested to her colleagues the idea of holding two side-by-side votes: the first to reopen the government by passing the CR, followed immediately by a vote on a one-year extension for the Affordable Care Act (ACA) subsidies, with a commitment to pass a longer-term solution by a specific date. Five more Democrats need to join Senators Catherine Cortez Masto (D-NV), John Fetterman (D-PA), and Angus King (I-ME) in voting in favor of the CR for it to pass. It is unlikely that five senators would concede individually; but rather, all would likely vote in favor of the CR at the same time. Senator Shaheen is predicted to be one of the five senators who could vote to pass the CR, given that she is not seeking reelection.
Senate Majority Leader John Thune (R-SD) has indicated he would support this plan. Senate Minority Leader Chuck Schumer (D-NY) has said Senator Thune has not yet approached him with such a proposal.
In a statement today, Senator Schumer said he would be attending a No Kings protest this weekend.
GOP Priorities
Senator Ron Johnson (R-WI) introduced a bill (S.3012) to pay “excepted” employees during the government shutdown. Senator Thune has already begun the steps necessary to bring the bill to the floor for a vote next week. If the bill receives the 60 votes needed for passage, it will ensure that military and other federal employees are paid.
Today, Senator Thune said the White House “has demonstrated some flexibility” on rolling back some actions taken by the Administration during the shutdown, citing furloughs and unpaid government employees, although it’s unclear at this time what that would entail. He stated the White House has “done some things which I think could be eliminated if the Dems vote to open.”
Senator Thune, who represents a farm state, has been pushing for the Administration to reopen farmers' access to Marketing Assistance Loans despite the shutdown. These loans allow farmers to meet cash flow needs during harvest season, and continuing this program during the shutdown would require the U.S. Department of Agriculture to reopen thousands of shuttered Farm Service Agency offices across the country. Despite Senator Thune's advocacy, the White House has given no indication of moving funds to make this possible.
On Wednesday evening, FBI Director Kash Patel and President Trump announced that FBI agents will be paid throughout the shutdown. During an Oval Office meeting, Director Patel thanked President Trump for “finding a way to get these individuals paid.” At this time, it is unclear how this directive will be funded. In a following interview, President Trump said, “We got the people that we want paid, paid. We want the FBI paid, and we want the military paid.” As the Administration has worked to provide paychecks for certain groups, it's notable that air traffic controllers, seen as instrumental in ending prior shutdowns, have not yet been promised pay.
The Senate held a procedural vote on the House version of the Department of Defense Appropriations bill (H.R. 4016) today. Similar to a CR, the bill needs 60 votes to advance.
The bill failed by a vote of 50-44. Democratic senators Catherine Cortez Masto (D-NV), John Fetterman (D-PA), and most notably, Jeanne Shaheen (D-NH) voted in favor.
Thus far, there has been little Democratic support for Senator Susan Collins’ (R-ME) minibus proposal.
Everyday Impacts
- The U.S. Centers for Medicare and Medicaid Services announced that payment for certain Medicare claims with dates of service after October 1 will be put on pause due to the government shutdown, causing provisions to expire. Providers have been instructed to continue to submit claims; however, they will not be reimbursed until the shutdown has ended. This development is likely to hit small practices and rural healthcare providers the hardest, as they rely heavily on timely Medicare reimbursements.
- State insurance officials have expressed concerns that time is running out for Congress to extend ACA subsidies. The open enrollment period begins November 1, and officials are worried that the high premium rates and dropped coverage may discourage people from enrolling in plans, even if rates can be adjusted later. Senator Thom Tillis (R-NC) has suggested the possibility of a “one-time fix for open enrollment if it rolls into that.”
- Air travel continues to be challenging for travelers across the country as air traffic controllers and TSA agents call out sick from work, contributing to delays and cancellations.
- The U.S. Department of Agriculture has announced that the Supplemental Nutrition Assistance Program (SNAP) has sufficient funding to last through October but indicated there will not be enough funding to pay the entirety of November SNAP benefits if the shutdown continues. Approximately 42 million people in the U.S. rely on SNAP benefits. State health officials across the country, including in North Carolina, Wisconsin, and Minnesota, have begun warning recipients of a possible lack of funds starting in November.
Reduction in Force (RIFs)
- Senator Elizabeth Warren (D-MA) wrote letters to the heads of the Treasury, Commerce, and Housing and Urban Development departments demanding details on each department’s plan for employee layoffs.
- The court date for the government employee union lawsuit on the legality of the RIFs has been set for October 28. If the RIFs are legal, they will go into effect on December 8.
Context of Past Shutdowns
The most recent shutdown occurred in 2018-2019 under the first Trump Administration as a result of disagreements over funding for a wall on the U.S. Southern border. During this shutdown, President Trump and Republicans offered Democrats a tradeoff deal for border wall funding in exchange for temporary extensions to the Temporary Protected Status and Deferred Action for Childhood Arrivals programs, which protect certain immigrants from deportation. The Democrats rejected this deal, asserting that it did not provide enough certainty. This present shutdown, centered on ACA extensions, is reminiscent of the prior impasse.
One notable difference is that President Trump was heavily involved in negotiations during the last government closure but, thus far, has remained relatively removed from working on a solution for the current shutdown. The impact of the 2018-2019 shutdown was also somewhat less severe than the current shutdown because Congress had already passed appropriations to fund certain departments and agencies, including the military.
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