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Shutdown or No Government Shutdown
That is the Question
The breaking news reports as of a Friday afternoon, today, is a shutdown appears inevitable. Speaker Kevin McCarthy, failed to pass a stopgap bill in the House of Representatives, that would have kept the Government funded on the short term but with decreases in funding. McCarthy pitched that voting against it was a vote opposing border security. But conservatives called his bluff, with 21 Republicans helping Democrats sink the bill.
Meanwhile, a bipartisan group of more moderate House members are working on a plan to either prevent a shutdown or navigate a way out of it. Led by the bipartisan Problem Solvers Caucus, the members have looked into ways they can force a vote to the floor without McCarthy’s approval. Those talks, though, are unlikely to gain serious traction until closer to the deadline.
The Senate is set to take a key procedural vote on Saturday, just hours before the deadline of a federal shutdown, to advance its own bipartisan short-term funding fix that includes $6 billion for Ukraine and $6 billion in disaster aid. But most predict this bill is not pass before the shutdown deadline.
McCarthy’s defeat left the House in an exceedingly weak position to negotiate with the Senate, on its, bipartisan short-term funding plan. That bill, which would extend government funding through Nov. 17, has been panned by House Republicans. The group of senators negotiating an amendment with as much as $6 billion in additional border money is attempting to build more GOP support.
It is reported that Republicans will meet behind closed doors at 4 p.m. to discuss next steps. And, the House is expected to take more votes Saturday, but no one knows what they will be voting on.
What are the Republican options? Republican Study Committee Chair Kevin Hern (R-Okla.) sees two options for House Republicans. Speaker Kevin McCarthy (R-Calif.) could put a bipartisan continuing resolution (CR) on the floor for a vote, “which would be very challenging.” And that option was defeated this afternoon. Or Hern said the House could wait for the Senate to pass and send over its bipartisan CR “and then negotiate from there.”
With 21 republicans defeating McCarthy stopgap legislation today, it seems very unlikely, the House will create a compromise to avoid the shutdown deadline. But the Senate Democrats are now in disarray with the death of Senator Feinstein, and the ability of California’s Governor to appoint an interim replacement in time to support a bipartisan Senate CR to avoid a shutdown. But regardless, of the impact of the loss of the Democratic California Senator, the Democrats are distracted.
How long will the shutdown last? Generally, in the past shutdowns have not lasted long. But the last shutdown under the Trump administration in 2019, lasted 34 days.
And how will Indian Country be impacted? BIA has released its contingency plan. Click here
The good news is the Indian Health Service (IHS) received advance appropriations in the Fiscal Year 2023 meaning that this program will be funded even during a shutdown, with the exception of a few programs including contract support costs, 105(l) lease payments and facilities construction.
Both the TSA and Air Traffic Controllers will be required to work (without pay). But training for new air traffic controllers will be paused.
The Small Business Administration will most likely continue to provide services to Native American owned small businesses given their plan in the event of a lapse in appropriations.
According to the U.S. Department of Housing and Urban Development “Public housing authorities (PHAs), Indian tribes, and tribally designated housing entities (TDHEs) are not part of the Federal Government and, therefore, would not be required to close during a government shutdown.”
Veteran medical care through the Veterans Health Administration (VHA) would continue and 97% of VA employees would be fully funded or required to work during a shutdown.
The Department of the Interior tribes should expect most Bureau of Indian Affairs programs to shutdown unless they are deemed essential. See Link
In the Department of Treasury “All Critical Infrastructure Protection (CIP) functions will continue to operate; as well as all operations and offices funded by non-appropriated funds, including the Office of Recovery Programs (ORP)”. The Office of Tribal and Native Affairs will be furloughed.
Federally funded programs will not receive FY2024 funding until Congress approves it.
If the tribe does not have any other funds available from prior years, the program would not have funds to operate unless the tribe used other funding sources to run the program.
If the tribe has funds remaining from prior fiscal years they may be able to use those funds to pay employees until funds are exhausted.
If their programs run out of the previous year money, tribes may consider funding (partially or fully) these programs until funding is restored.
The Assistant Secretary today gave a detailed report this afternoon on zoom, that explained how the BIA will handle communications during the Government Shutdown. He and his staff were reassured they would do everything possible to get all possible funding available to Tribes.
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