Special Update: Partial Government Shutdown Enters Week Six

As we enter day 35 of a partial federal government shutdown, NECA is committed to urging congressional leaders and the administration to end the stalemate and reopen the federal government. Earlier this week, NECA joined national leaders of the business community and sent another letter to President Trump and all members of Congress urging the reopening of the federal government. 

At the start of the partial shutdown, the Trump administration, like previous administrations, released a Statement of Administration Policy through the Office of Management and Budget. This document outlines the type of bill the White House would approve and details why the President would oppose what he views as a partial solution to the shutdown fight.

The House of Representatives:

This past week, the House voted on a number of bills to either reopen the government or pay federal workers:

H.R. 648 – Motion to Recommit - FAILED 200 - 215 

• This Motion to Recommit would have ensured all federal employees received pay during the shutdown.
• Further action would be required to secure the border and reopen the government, as the Administration has stated that any effort to reopen the government must address the crisis at our Southwest border. 
• All Republicans voted in favor of the motion, along with the following ten Democrats: Cunningham (SC-1), Davids (KS-3), Delgado (NY-19), Golden (MA-16), Gottheimer (NJ-5), Lamb (PA-17), McAdams (UT-4), Rose (NY-11), Torres Small (NM-2), Van Drew (NJ-2).

H.J. Res. 28  - "Making further continuing appropriations for fiscal year 2019, and for other purposes."- PASSED 229 - 184

• The bill was previously adopted by voice vote on January 17th, but the voice vote was vacated by a unanimous consent agreement and the reconsideration vote was postponed.
• As there was no expectation that this bill will become law, this was NOT a vote to reopen the government.

H. Res. 61 - "Providing for consideration of the bill (H.R. 648) making appropriations for the fiscal year ending September 30, 2019, and for other purposes; providing for consideration of the joint resolution (H.J. Res. 31) making further continuing appropriations for the Department of Homeland Security for fiscal year 2019, and for other purposes; providing for consideration of motions to suspend the rules; and waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the Committee on Rules." - PASSED 223 - 190

• Closed rule for H.R. 648 (6 bill minibus).
• Closed rule for H.J. Res. 31 (DHS CR to February 28).
• Suspension authority through February 1, 2019.
• Same-day authority on measures related to government funding through January 30, 2019.
• Ninth closed rule of the 116^th Congress.

H.R. 648 - "Making appropriations for the fiscal year ending September 30, 2019, and for other purposes.” — PASSED 234 - 180

• A Statement of Administration Policy was issued stating “If H.R. 648 or H.J. Res. 31 were presented to the President, his advisors would recommend that he veto the bills.”. 

• The package explicitly excludes funding for the Department of Homeland Security and provides no funding for a border wall, something the Administration has stated must be a part of any effort to reopen the government.

H.J. RES. 31 – Motion to Recommit - FAILED 200 – 214

• This Motion to Recommit would have ensured all DHS employees received pay immediately on January 24^th.
• Further action would be to reopen the government, as the Administration has stated that any effort to reopen the government must address the crisis at our Southwest border. 
• 13 Democrats voted in favor of the motion: Brindisi (NY-22) Cunningham (SC-1), Davids (KS-3), Golden (MA-16), Gottheimer (NJ-5), Horn (OK-5) Lamb (PA-17), McAdams (UT-4), Rose (NY-11), Sherrill (NY-11), Spanberger (VA-7), Torres Small (NM-2), Van Drew (NJ-2).

H.J. Res. 31 - "Making further continuing appropriations for the Department of Homeland Security for fiscal year 2019.” – PASSED 231 – 180

• A Statement of Administration Policy was issued stating “If H.R. 648 or H.J. Res. 31 were presented to the President, his advisors would recommend that he veto the bills.”. 
• As there is no expectation that this CR will become law, this was NOT a vote to reopen DHS.

The Senate:

Senators voted for the first time on January 24, 2019 to end the government shutdown, as part of an agreement between Majority Leader Mitch McConnell (R-KY) and Minority Leader Chuck Schumer (D-NY) to hold votes on competing Republican and Democratic plans. Both votes needed 60 votes to invoke cloture, end debate and proceed to a final vote. Both bills failed on recorded vote.

Here is a summary of the votes:

McConnell S.Amdt.5 to H.R.268 -  FAILED 51 – 47

• This amendment includes President Trump’s funding and immigration proposal.
• Senator Joe Machin (D-WV) joined Republicans and voted for the bill.

Schumer S.Amdt.6 to H.R.268 – FAILED 52 – 44

• This amendment contained a CR to fund the government through February 8^th.
• The White House indicated it would veto this proposal if adopted.
• Senator Lisa Murkowski (R-AK) and Senator Lamar Alexander (R-TN) joined Democrats and voted for this proposal along with the Republican proposal.

The White House:

On January 19, 2019, President Trump gave a televised address with his compromise plan to end the partial government shutdown and reopen the government.

The State of the Union:

After considerable back and forth, President Trump tweeted the evening of January 23 that he would wait for the government shutdown to end before delivering the State of the Union address. The announcement clarified his plans hours after Speaker Nancy Pelosi (D-CA) blocked him from delivering the speech in the chamber while federal agencies are closed.