Shutdown Update: When Will It End?

The shutdown has tipped over into the longest running in U.S history. While not all departments are affected, some of the most public facing ones are; Agriculture, Commerce, Justice, Homeland Security, Housing and Urban Development, Interior, State, Transportation and Treasury. Over 800,000 workers are either furloughed or forced to work without pay as they are considered essential. Some agencies and organizations – like the Smithsonian institutions and the Environmental Protection Agency – were able to draw on pre-existing funding to stay operational through part of the shutdown, although that has run out. Other agencies have shuttled any remaining funding to services that cannot be disrupted to keep them operational as long as possible; for instance, USDA has indicated it will continue to pay SNAP through February and the Federal Judiciary has estimated it can pay employees through January 18th. Any of the agencies listed are not operational, meaning permits, regulations, even emails are going unaddressed.

In addition to being the longest running and the only shutdown to bridge two Congresses, this is also a unique situation in that no progress has been made towards ending it. In recent memory, shutdowns may stall agencies, but Congress and the Administration are in frantic, constant talks to end it, and DC is a frenzy of discussion and deal making. Not so this time. While there have been a few sporadic meetings between Congressional Leadership and the Administration, no real progress has been achieved and no deal is in the works.

The path forward has limited options. The House has started to pass individual appropriations bills in an effort to reopen parts of the government, but the Senate will not take them up. Senate Majority Leader Mitch McConnell (R-KY) could choose to place them on the Senate floor, but the President has stated he will veto anything that does not fund a wall at 5 Billion dollars, which would force Congress to overturn his veto to end the shutdown. Another option is one that has gained traction the last few days: the President is reportedly toying with the idea of declaring a national emergency, and using Army Corps of Engineers funding already appropriated to begin construction of a wall (initially discussed was using concrete, although the President has recently indicated American steel is the preferred material.) This could be legally problematic, and would likely immediately end up in court, and lacks cohesive Republican support. There have also been rumors of private landowners along the border beginning to band together and urging resistance and legal challenges to any government buyouts of land. This process would bypass the appropriations process – this year at least – and allow the government to be reopened. However, the Democrats in the House would almost certainly defund this construction for next fiscal year, setting up an identical fight later this calendar year.

Unfortunately, there does not seem to be a clean and easy path out of this shutdown. While thankfully not a full shutdown, this has and will increasingly impact people’s lives; from widespread things like the IRS and TSA to specific impacts like EPA not being able to process any product registrations or engage in rulemakings. NPMA continues to monitor this situation. Any questions please contact Ashley Amidon at aamidon@pestworld.org.