Senate Rejects Efforts to Keep Government Open After Midnight

The Senate defeated Republican and Democratic bills this evening that would have kept the government fully operating after midnight when FY2025 ends. The Democratic bill was defeated on party lines. The Republican bill was defeated with two Democrats and one Independent in favor and one Republican opposed. How long the government shutdown will last is anyone’s guess.

Russell Vought, Director of the White House Office of Management and Budget (OMB), issued a memo this evening directing agencies to “execute their plans for an orderly shutdown.”

Government activities funded by the 12 appropriations bills (“discretionary spending”) will be suspended at midnight other than essential activities such as those to protect life and property. “Mandatory spending” for programs like Social Security or Medicare is not affected. Funding in the recently enacted reconciliation bill (H.R. 1) also is not affected.

This shutdown showdown has been brewing for weeks. On September 19, House Republicans passed a “clean” Continuing Resolution (CR) to extend current discretionary spending through November 21. The vote was almost entirely on party lines. All but one Democrat voted against the bill because it did not include an extension of Affordable Care Act subsidies that will expire at the end of the year or roll-back Medicaid cuts in the reconciliation bill (H.R. 1). Democrats also objected that Republicans refused to negotiate with them, as is usually done.

The same day, the Senate rejected the House CR as well as a Democratic alternative. Unlike the House where bills can pass with a simple majority, legislation like this requires 60 votes in the Senate.

Efforts to find a compromise failed and the Senate re-voted this evening. Again both the House CR and the Democratic alternative failed.

The Democratic bill, S. 2882, was defeated on party lines 47-53.   All 45 Democrats plus two Independents who caucus with Democrats were in favor. All 53 Republicans were opposed.

The House CR, H.R. 5371, failed 55-45. One Republican, Rand Paul (R-KY), voted against the bill with all other Republicans in favor. Three members of the Democratic caucus —  Sen. Catherine Cortez-Masto (D-NV), Sen. John Fetterman (D-PA), and Sen. Angus King (I-Maine) — voted in favor of the House CR.  All other Democrats and Independent Bernie Sanders (VT) were against.

With no agreement, government activities funded through the annual 12 appropriations bills will be suspended except for essential activities including those to protect life and property. Employees required to continue working will not be paid until after the shutdown ends.

According to a memo seen by SpacePolicyOnline.com from NASA Acting Chief Financial Officer Steve Shinn, the following major operations or classes of operations are excepted from the shutdown:

• Operations of the International Space Station;
• Operating satellite missions to ensure safety of the satellites and data received from them; and
• Artemis operations in order to protect production of elements of Artemis II and III and related activities and activities necessary to maintain processing and supply chain safety for Artemis IV+. Employees contributing directly to Artemis activities are excepted from furlough.

Contractors supporting those specific operations also are excepted.

How long the shutdown will last is unknown.

Speaking to the press this evening after the votes, Senate Republican leaders pointed to the three members of the Democratic caucus who voted in favor of the House CR as “cracks” in Democratic opposition and just five more are needed to get the government operating again.  Senate Majority Leader John Thune (R-SD) said he would keep bringing the bill back to the floor hoping to garner enough votes. “Democrats may have chosen to shut down the government tonight, but we can reopen it tomorrow. All it takes is a handful of Democrats to join Republicans to pass the clean nonpartisan funding bill that’s in front of us.”

Senate Minority Leader Chuck Schumer (D-NY) disagreed, calling the House CR a partisan bill that reflected no Democratic input. “Republicans are plunging America into a shutdown, rejecting bipartisan talks, pushing a partisan bill, and risking Americans’ healthcare.”

The Senate will meet at 10:00 am ET tomorrow, October 1. It has been scheduled to be in recess Thursday and Friday for Yom Kippur, but might return on Friday. House Speaker Mike Johnson (R-LA) decided to keep the House out of session yesterday and today to try and force Democrats to approve his CR. It already was scheduled to be in recess the rest of this week for Yom Kippur as well as Monday, but might return sooner if the Senate passes the bill.

The longest shutdown in history was 35 days during President Trump’s first term, from December 21, 2018 through January 25, 2019.  After that, Congress passed a law, S. 24 (31 U.S.C. 1341), that guarantees backpay for federal workers furloughed during a lapse in appropriation.

However, Vought has said federal workers may be fired (RIF’d), not just furloughed, if their work is not statutorily required, funded through means other than appropriations, or consistent with the President’s priorities. Politico got a copy of the memo.

President Trump echoed the point during an Oval Office press conference: “We can do things during the shutdown that are irreversible, that are bad for them and irreversible by them, like cutting vast numbers of people out, cutting things that they like, cutting programs that they like, and you all know Russell Vought … he can trim the budget to a level that you couldn’t do any other way.”

 

This article has been updated.