House Returns for Vote to End Government Shutdown

Senate Passed Bill Nov. 11; House Has Not Been in Session Since Sept. 19

US Capitol
American flags flutter in the wind across the National Mall near the Capitol in Washington on Nov. 10. (J. Scott Applewhite/AP)

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WASHINGTON — House lawmakers will make a long-awaited return to the nation's capital on Nov. 12 after nearly eight weeks away to potentially put an end to the longestfederal government shutdownin U.S. history.

The House is scheduled to take up a bill to reopen the government that the Senate passed on Nov. 11. President Donald Trump called the measure a “very big victory,” and it's expected to pass the Republican-led chamber. But the prospect oftravel delaysdue to the shutdown could complicate the vote. Speaker Mike Johnson (R-La.) may need nearly perfect attendance from fellow Republicans to get the measure over the finish line.

The House has not been in legislative session since Sept. 19. That's when itpassed a short-term funding patchto keep the government open when the new budget year began in October. Johnson sent lawmakers home after that vote and put the onus on the Senate to act, saying House Republicans did their job.



Democrats seized on the opportunity to cast Republicans as going on vacation whilethe federal workforce went without paychecks, travelers experienced airport delays and food assistance benefits expired. Johnson said members were doing important work in their districts.

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Mike Johnson

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The vast majority of Democratic lawmakers are expected to vote against the measure because it does not include an extension ofAffordable Care Act tax creditsthat expire at the end of this year and make coverage more affordable.

“Our strong expectation is that Democrats will be strongly opposed,” Democratic leader Hakeem Jeffries of New York said Nov. 11 in previewing the vote.

But Johnson said of the pending legislation that “our long national nightmare is finally coming to an end, and we’re grateful for that.”

“After 40 days of wandering in the wilderness and making the American people suffer needlessly, some Senate Democrats finally have stepped forward to end the pain,” Johnson said.

The Compromise

The measure that passed the Senate included buy-in fromeight senators who broke rankswith the Democrats after reaching the conclusion that Republicans would not bend on using the measure to continue the expiring health care tax credits. Meanwhile, the shutdown's toll was growing by the day. Nov. 12 marksDay 43 of the shutdown.

The compromise measure funds three bipartisan annual spending bills and extends the rest of government funding through Jan. 30. Republicans also promised to hold a vote to extend the health care subsidies by mid-December, but there is no guarantee of success.

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New Hampshire Sen. Jeanne Shaheen (D)

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“We had reached a point where I think a number of us believed that the shutdown had been very effective in raising the concern about health care,” said Sen. Jeanne Shaheen (D-N.H.). The promise for a future vote “gives us an opportunity to continue to address that going forward,” she said.

The legislation includes a reversal ofthe firing of federal workersby the Trump administration since the shutdown began. It also protects federal workers against further layoffs through January and guarantees they are paid once the shutdown is over. The full-year funding in the bill for the Agriculture Department means people who rely on key food assistance programs will see those benefits funded without threat of interruption through the rest of the budget year.

The package includes $203.5 million to boost security for lawmakers and an additional $28 million for the security of Supreme Court justices.

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Hakeem Jeffries

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Democrats are also seizing on language that would give senators the opportunity to sue when a federal agency or employee searches their electronic records without notifying them. The language seems aimed at helping Republican lawmakers pursue damages if their phone records wereanalyzed by the FBIas part of an investigation into Trump's efforts to overturnhis 2020 election lossto Democrat Joe Biden.

“We're going to tattoo that provision, just like we're going to tattoo the Republican health care crisis, on the foreheads of every single House Republican who dares vote for this bill,” Jeffries said.

Many Democrats are calling the passage of the bill a mistake. Senate Democratic leader Chuck Schumer of New York, who received blowback from his party in March when he voted to keep the government open, said he could not “in good faith” support it after meeting with his caucus for more than two hours on Nov. 9.

Sen. Bernie Sanders (I-Vt.), who caucuses with the Democrats, said giving up the fight was a “horrific mistake.” Sen. Chris Murphy (D-Conn.) agreed, saying that voters whooverwhelmingly supported Democrats in last week’s electionswere urging them to “hold firm.”

Health Care Debate Ahead

It’s unclear whether the two parties will find any common ground on the health care subsidies before the December vote in the Senate. Johnson has said he will not commit to bringing it up in his chamber.

Some Republicans have said they are open to extendingthe COVID-19 pandemic-era tax creditsas premiums could skyrocket for millions of people, but they also want new limits on who can receive the subsidies. Some argue that the tax dollars for the plans should be routed through individuals.

Senate Appropriations Committee Chairwoman Susan Collins (R-Maine) said Nov. 10 that she’s supportive of extending the tax credits with changes, such as new income caps. Some Democrats have signaled they could be open to that idea.

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“We do need to act by the end of the year, and that is exactly what the majority leader has promised,” Collins said.

Other Republicans, including Trump, have used the debate to renew their yearslong criticism of the law and called for it to be scrapped or overhauled.

In a possible preview, the Senate voted 47-53 along party lines Nov. 10 not to extend the subsidies for a year. Republicans allowed the vote as part of a separate deal with Democrats to speed up a final vote.

Written by Kevin Freking, Joey Cappelletti and Matt Brown. Associated Press writer Mary Clare Jalonick contributed to this report.