Senate Fails to Advance Shutdown Fairness Act (S. 3012) 53-43 Amidst Prolonged Government Shutdown and Healthcare Affordability Debate
The Senate convened for its 38th day of a government shutdown, marked by a failed cloture vote on the Shutdown Fairness Act (S. 3012), which aimed to ensure Federal employees are paid during a lapse in appropriations. The day's proceedings were dominated by a contentious debate over the ongoing shutdown, with Democrats proposing a compromise to reopen the government by including a 1-year extension of Affordable Care Act (ACA) premium tax credits, while Republicans insisted on a clean continuing resolution first. Senators also expressed grave concerns about the impact of the shutdown on air travel safety and food assistance programs.
The failure of the cloture motion on S. 3012 means that Federal employees, including essential workers like air traffic controllers and military personnel, continue to work without pay, exacerbating financial hardship and raising public safety concerns. The continued impasse over government funding, particularly the linkage of healthcare affordability to reopening the government, leaves millions of Americans facing uncertainty regarding their health insurance premiums and access to critical social safety net programs. The day underscored the deep partisan divide and the lack of a clear path forward to end the longest government shutdown in U.S. history.
Shutdown Fairness Act
S. 3012Question before the chamber
Cloture on the motion to proceed to S. 3012, a bill to appropriate funds for pay and allowances of excepted Federal employees for periods of work performed during a lapse in appropriations, and for other purposes.
The case for
Republican Senators (Johnson, Sullivan, Lummis, Cruz, Ricketts, Lee) argued that the bill was a nonpartisan effort to ensure all Federal workers, including military personnel, law enforcement, TSA agents, air traffic controllers, and furloughed employees, are paid during the ongoing government shutdown. They highlighted the severe financial hardship faced by these workers, citing personal stories and the critical importance of their services, particularly in maintaining air travel safety. Proponents emphasized that the bill, in its amended form, was supported by numerous public sector unions and aimed to permanently prevent Federal employees from being used as 'pawns' in political disputes. They urged Democrats to vote to proceed to the bill to provide immediate relief and enhance national safety.
The case against
Democratic Senators (Peters, Merkley) objected to the immediate passage of S. 3012, arguing that the bill, despite its stated intent, contained language that would create an 'unlimited and permanent slush fund' for President Trump and grant him excessive discretion to decide which Federal employees are paid or to transfer funds for other purposes, thereby undermining Congress's constitutional power of the purse. They cited concerns about the administration's past actions of ignoring congressional intent and impounding funds. They stated that while they support paying Federal employees, they could not support a bill that lacked necessary 'guardrails' against potential Presidential overreach and offered alternative 'clean' bills that would pay employees without these perceived additional powers.
Disposition
Cloture on the motion to proceed to S. 3012 · recorded vote
Failed, preventing further consideration of the bill.
53-43
Amendments
- A substitute amendment to include furloughed workers in the bill's provisions, making it permanent and covering all Federal employees. (Mr. Johnson) — Offered via unanimous consent request, but objected to, preventing its immediate consideration and adoption.
Who is affected
- Federal employees (military, law enforcement, TSA, air traffic controllers, furloughed workers): Directly impacted by continued non-payment, facing financial hardship and uncertainty regarding their ability to meet basic needs like housing and food.
- American public: Affected by disruptions to essential government services, including air travel delays and safety concerns due to staffing shortages in air traffic control.
- Taxpayers: Continued funding of a government that is not fully operational, with potential for long-term costs associated with the shutdown.
Government Funding and Affordable Care Act (ACA) Tax Credits
H.R. 5371 (motion to proceed was withdrawn)Question before the chamber
The broader question of ending the government shutdown and addressing healthcare affordability, specifically the extension of ACA premium tax credits.
The case for
Democratic Senators (Schumer, Peters, Welch, Baldwin, Kelly, Blunt Rochester, Klobuchar, Murray, Hickenlooper, Merkley, Schiff, Blumenthal, Sanders, Cantwell, Warren, Markey, Warnock, Wyden) argued for a compromise: a clean 1-year extension of ACA premium tax credits alongside a government funding bill to reopen the government. They highlighted that millions of Americans are currently facing skyrocketing healthcare premiums, with some seeing increases of two, three, or even sevenfold, forcing difficult choices between healthcare, food, and rent. They stressed the urgency of action during open enrollment and proposed a bipartisan committee to work on long-term healthcare reforms after the government reopens. They asserted that recent election results indicated a public mandate to address healthcare costs.
The case against
Republican Senators (Thune, Barrasso, Graham, Husted, Scott of Florida) argued that Democrats were using the shutdown as 'leverage' to force the extension of ACA subsidies, which they characterized as a 'broken,' 'unaffordable,' and 'inflationary' program that primarily enriches insurance companies. They insisted that negotiations on healthcare policy should only occur after the government is reopened with a clean continuing resolution. They pointed to the ACA's failure to lower premiums as promised and questioned the fiscal responsibility of continuing subsidies that benefit higher-income individuals and potentially illegal immigrants, while also criticizing the President's alleged use of SNAP benefits as leverage.
Disposition
Motion to proceed to H.R. 5371 · without objection
Withdrawn by the Majority Whip, indicating no immediate path to a vote on the government funding bill or the proposed compromise.
Who is affected
- Millions of Americans relying on ACA premium tax credits: Facing significant increases in health insurance premiums, potentially leading to loss of coverage or severe financial strain, as open enrollment is currently underway.
- Federal employees and contractors: Continued non-payment and uncertainty due to the ongoing government shutdown.
- SNAP beneficiaries: At risk of losing food assistance, with the administration allegedly defying court orders to release funds.
- Small businesses and rural hospitals: Impacted by rising healthcare costs for employees and patients, threatening their financial viability.
Cloture on Shutdown Fairness Act (S. 3012) Fails
highA motion to invoke cloture on the motion to proceed to S. 3012, the Shutdown Fairness Act, failed by a vote of 53-43. The bill, which aimed to ensure all Federal employees, including furloughed and essential workers, are paid during a government shutdown, garnered bipartisan support in principle but faced objections from some Democrats regarding concerns about granting excessive authority to the President.
Democrats Propose Compromise Linking Government Reopening and ACA Tax Credit Extension
highDemocratic leadership offered a compromise proposal to immediately reopen the government by passing a funding bill that includes a clean 1-year extension of the Affordable Care Act (ACA) premium tax credits. This proposal also included the formation of a bipartisan committee to negotiate long-term healthcare reforms after the government reopens, aiming to address Republican concerns about negotiating during a shutdown while providing immediate relief for rising healthcare costs.
Republicans Insist on Clean CR First, Criticize ACA Subsidies
highRepublican Senators reiterated their demand for a clean continuing resolution to reopen the government before any negotiations on healthcare policy. They criticized the ACA premium tax credits as wasteful subsidies that enrich insurance companies and contribute to high healthcare costs, arguing that Democrats were holding the government hostage for political gain and to prop up a 'broken' healthcare system.
Concerns Raised Over Air Travel Safety and Federal Worker Hardship
highSenators from both sides of the aisle highlighted the severe impacts of the shutdown, particularly on air travel safety, citing FAA-mandated flight reductions and high rates of air traffic controller call-outs. Numerous personal stories of Federal employees struggling financially due to missed paychecks were shared, alongside concerns about the President's alleged withholding of SNAP benefits.