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Ok, what now? Will we or won’t we shut down?

The three-month Continuing Resolution (CR) was unveiled late Tuesday. After its contents were digested throughout the day yesterday, the dynamics around the CR passing changed drastically last night. A government shutdown starting at midnight Saturday is now a very real possibility.  While a shutdown is possible, it is important to keep in mind that only certain parts and functions of the federal government would be shut down and federal employees will be furloughed. Many parts of the academic research community will feel the impact of the shutdown.

A host of basic federal functions and services will be temporarily shut down, with federal employees furloughed.  For example, while National Parks may remain open (they have been closed during shutdowns), they will be devoid of staff and services.  Visa processing will cease and State Department employees in consulates overseas will not be able to do any screening.

Many of the functions related to the federal research enterprise, such as the processing and reviewing of grant applications, will be temporarily unavailable. Significant portions of the funding agencies’ staff will be furloughed, and they will be legally prohibited from performing any of their duties, so all work products including emails, phone calls, etc. are prohibited.  Questions related to proposals, applications, and other issues will not be answered during the shutdown.

Activities deemed essential will continue, however, even during a shutdown.  Employees of the Transportation Security Administration will continue to screen passengers at airports. Members of the military will continue to be on duty and serve, but those who manage shipbuilding will be furloughed.  The Social Security Administration will continue to process monthly checks to seniors.  However, none of these essential workers will be paid for their efforts during the shutdown.

Even at the agencies forced to shut down many of their functions, a number of employees and activities are classified as “essential” employees, meaning that they would still be working and functioning throughout the shutdown to maintain the agencies’ critical services.  In the academic context, examples include continuing to support labs with animal subjects.  Agencies prepare for shutdown scenarios and each agency updates its policies regarding employees and functions that are considered “essential.”  Each agency is prepared for this latest potential shutdown.

As a result of change in law after the last shutdown, each federal employee is guaranteed back-pay from their furlough.  Unfortunately, federal contractors have no such guarantee.

Please continue to check this space for updates.

 

Congress Averts Government Shutdown

On Wednesday night, the Senate passed a continuing resolution (CR) that will keep the government funded at current levels through December 20th, averting a federal government shutdown. The bill now goes to President Biden’s desk for signature.

The stopgap bill, which passed the Senate by a 78-18 vote on Wednesday, was introduced after Speaker Mike Johnson (R-LA) failed to push his original funding proposal through the House of Representatives. This first attempt at a CR, which would have funded the government for six months, included the highly controversial SAVE Act, a Trump-backed plan that would require voters to provide documentary proof of citizenship at the time of registration. The majority of Democrats, despite a handful facing tough reelection bids, opposed the SAVE Act, citing the fact that it is already a crime to register or vote as a noncitizen in all federal and state elections. Without Democratic support, Johnson’s plan was unable to pass the House due to a divided GOP caucus.

Senate Majority Leader Chuck Schumer (D-NY) sits next to Speaker of the House Mike Johnson (R-LA) as a government shutdown looms.

After his original plan failed to pass the House, Johnson was forced to strip the SAVE Act and bring a new, three-month spending plan to the floor. The new bill passed the House on a 341-82 vote, with all opposition coming from Republicans. This move did not come without risk for Johnson, whose predecessor Kevin McCarthy (R-CA) became the first Speaker of the House to be ousted from his post when, last year, he was forced to work with Democrats to fund the government. Immediately following this bi-partisan maneuver, members of the GOP’s right flank voted to remove McCarthy from the Speakership. Johnson has defended the current bi-partisan funding bill, claiming that a GOP-led shutdown this close to Election Day would be “political malpractice.”

Having averted a shutdown for three months, Congress will now go on recess, with the stage set for a budget showdown when they return in November. Johnson has claimed that he will not allow any omnibus funding bills, which are large spending bills that package many programs into one, onto the floor during the lame duck session in December. While this would be a break with recent congressional precedent, much of the planning for this session will depend on the outcome of the November elections. For now, however, the government remains funded.

We Have a Speaker

After more than three weeks without a leader, the House finally elected its new Speaker a few minutes ago.  Unlike the last three Speaker designees, Mike Johnson of Louisiana received the support of every Republican today.  The final vote was 220 to 209.

Read more about the developments here and here

Nominee to Head NIH Clears Committee

Earlier this morning, the nomination of Monica Bertagnolli to head the National Institutes of Health (NIH) was approved by the Senate Health, Education, Labor, and Pensions Committee by a bipartisan vote of 15 to 6.  Bertagnolli, the current director of the National Cancer Institute, was nominated by President Biden earlier this year to take over the NIH, which has not had a permanent head since the retirement of Francis Collins.

Uh, Take Four?

After Tom Emmer’s candidacy for Speaker sank earlier in the day, House Republicans convened again last evening to see if they could find someone else to fill that role.  Emerging from several rounds of voting, the most recent Speaker designee is Mike Johnson of Louisiana.  The House is currently scheduled to vote on the nomination at approximately Noon ET today.  It remains to be seen whether he actually has enough votes from the House and whether the vote will even occur today.

Read more about the developments here, here, and here.