WASHINGTON, D.C. (AP) — The Senate took the first step to end the government shutdown on Sunday after a group of moderate Democrats agreed to proceed without a guaranteed extension of health care subsidies, angering many in their caucus who say Americans want them to continue the fight.
In a test vote that is the first in a series of required procedural maneuvers, the Senate voted 60-40 to move toward passing compromise legislation to fund the government and hold a later vote on extending Affordable Care Act tax credits that expire Jan. 1. Final passage could be several days away if Democrats object and delay the process.
The agreement does not guarantee the health care subsidies will be extended, as Democrats have demanded for almost six weeks. Senate Democratic leader Chuck Schumer of New York voted against moving ahead with the package, along with all but eight of his Democratic colleagues.
A group of three former governors—New Hampshire Sen. Jeanne Shaheen, New Hampshire Sen. Maggie Hassan and Independent Sen. Angus King of Maine — broke the six-week stalemate on Sunday when they agreed to vote to advance three bipartisan annual spending bills and extend the rest of government funding until late January in exchange for a mid-December vote on extending the health care tax credits.
The agreement also includes a reversal of the mass firings of federal workers by the Trump administration since the shutdown began on Oct. 1 and would ensure that federal workers receive back pay.
Senate Majority Leader John Thune quickly endorsed the deal and called an immediate vote to begin the process of approving it as the shutdown continued to disrupt flights nationwide, threaten food assistance for millions of Americans and leave federal workers without pay.
“The time to act is now,” Thune said.
Returning to the White House on Sunday evening after attending a football game, President Donald Trump did not say whether he endorsed the deal. But he said, “It looks like we’re getting close to the shutdown ending.”
Five Democrats Switch Votes
In addition to Shaheen, King and Hassan, Democratic Sen. Tim Kaine of Virginia, home to tens of thousands of federal workers, also voted in favor of moving forward on the agreement. Illinois Sen. Dick Durbin, the No. 2 Democrat, Pennsylvania Sen. John Fetterman and Nevada Sens. Catherine Cortez Masto and Jacky Rosen also voted yes.
The moderates had expected a larger number of Democrats to vote with them as 10-12 Democratic senators had been part of the negotiations. But in the end, only five Democrats switched their votes — the exact number that Republicans needed. King, Cortez Masto and Fetterman had already been voting to open the government since Oct. 1.
The vote was temporarily delayed on Sunday evening as three conservatives who often criticize spending bills, Republican Sens. Mike Lee of Utah, Rick Scott of Florida and Ron Johnson of Wisconsin, withheld their votes and huddled with Thune at the back of the chamber. They eventually voted yes after speaking to Trump, Lee said.
Another Republican, Sen John Cornyn of Texas, had to fly back from Texas to deliver the crucial 60th vote.
Schumer Votes No
After Democrats met for over two hours to discuss the proposal, Schumer said he could not “in good faith” support it.
Schumer, who received blowback from his party in March when he voted to keep the government open, said that Democrats have now “sounded the alarm” on health care.
“We will not give up the fight,” he said.
Independent Sen. Bernie Sanders of Vermont, who caucuses with the Democrats, said giving up the fight was a “horrific mistake.”
Sen. Chris Murphy, D-Conn., agreed, saying that in last week’s elections people voted overwhelmingly Democratic “to urge Democrats to hold firm.”
‘It’s An Unconditional Surrender’
Democrats have now voted 14 times not to reopen the government as they demand the extension of subsidies for health plans offered under the Affordable Care Act. Republicans have rejected that offer, but signaled openness to the emerging proposal from moderate Democrats to end the shutdown in exchange for a later vote on the “Obamacare” subsidies that make coverage more affordable.
For those enrolled in health exchanges under that law, premiums on average are expected to more than double next year if Congress allows the enhanced subsidies to lapse.
New York Rep. Ritchie Torres posted that the deal from moderate Democrats is “not a deal. It’s an unconditional surrender that abandons the 24 million Americans whose health care premiums are about to double.”
Senate Democratic leader Chuck Schumer made a public offer to Republicans on Friday to reopen the government and extend expiring health care subsidies for a year. But Republicans immediately rejected it, with Thune calling it a “nonstarter.”
The Contours of a Deal
New Hampshire Sen. Jeanne Shaheen, who is leading the negotiations among the Democratic moderates, said the Republican rejection of Schumer’s offer showed that “we need another path forward.”
The deal that Shaheen and others crafted with Republicans will fund parts of government—food aid, veterans programs and the legislative branch, among other things—and extend funding for everything else until the end of January. The agreement will also take up Republicans on their longstanding offer to hold a future vote on the health care subsidies.
Republicans released final legislative text of three full-year spending bills Sunday as they continued to work on a deal. The legislation keeps a ban on pay raises for lawmakers but boosts their security by $203.5 million in response to increased threats. There’s also a provision championed by Sen. Mitch McConnell, R-Ky., to prevent the sale of some hemp-based products.
But in a sign of potential political trouble ahead, the top Democrat on the House Appropriations Committee criticized the senators for moving ahead with aspects of the package before there was sign-off from all corners in Congress.
“Congress must invest in veterans, address the health care crisis that is raising costs on more than 20 million Americans, and prevent President Trump from not spending appropriated dollars in our communities,” said Rep. Rosa DeLauro, D-Conn.
Republicans Preview Health Care Debate
There is no guarantee that Republicans will agree to extend Affordable Care Act subsidies despite a promise to hold a vote in the Senate. Republican House Speaker Mike Johnson, R-La., has said he will not commit to a health vote.
Some Republicans have said they are open to extending the COVID-19-era tax credits as premiums could skyrocket for millions of people, but they also want new limits on who can receive the subsidies. They also argue that the tax dollars for the plans should be routed through individuals.
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.
“THE WORST HEALTHCARE FOR THE HIGHEST PRICE,” Trump said of the Affordable Care Act in a post Sunday.
Appearing uninterested in compromise, Trump instead last week pushed Republican leaders to scrap the Senate’s filibuster rules that prevent the chamber from advancing on most legislation unless there is support from 60 senators. But Republican leaders have rejected his entreaties.
“Be the Smart Party,” Trump said in a social media post on Sunday.
Shutdown Effects Worsen
Meanwhile, the consequences of the shutdown were compounding. U.S. airlines canceled more than 2,000 flights on Sunday for the first time since the shutdown began, and there were more than 7,000 flight delays, according to FlightAware, a website that tracks air travel disruptions.
Treasury Secretary Sean Duffy said on CNN’s “State of the Union” that air travel ahead of the Thanksgiving holiday will be “reduced to a trickle” if the government doesn’t reopen.
At the same time, food aid was delayed for tens of millions of people as Supplemental Nutrition Assistance Program benefits were caught up in legal battles related to the shutdown. More than two dozen states warned of “catastrophic operational disruptions” as Trump’s administration is demanding states “undo” benefits paid out under judges’ orders last week, now that the U.S. Supreme Court has stayed those rulings.
And in Washington, home to millions of federal workers who have gone unpaid, the Capital Area Food Bank said it is providing 8 million more meals than it had prepared to this budget year—a nearly 20% increase.
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Associated Press writers Stephen Groves and Kevin Freking contributed to this report.