WASHINGTON (AP) — The Senate took the first step to end the government shutdown Sunday after a group of moderate Democrats agreed to move forward without a guaranteed extension of health care benefits, angering many in their caucus who say Americans want them to keep fighting.
In a test vote, 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 subsequent vote on extending the Affordable Care Act tax credits that expire on Jan. 1. Final passage could take several days if Democrats object and delay the process.
The agreement does not guarantee an extension of health care subsidies, as Democrats have demanded for nearly six weeks. Senate Democratic Leader Chuck Schumer of New York voted against moving forward 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 a 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 to extend health care tax credits.
The agreement also includes a rollback of mass firings of federal workers by the Trump administration since the shutdown began on October 1, and will ensure federal workers get paid again.
Senate Majority Leader John Thune quickly endorsed the deal and called for an immediate vote to begin the approval process as the shutdown continues to disrupt flights across the country, threaten food aid for millions of Americans and leave federal employees without pay.
“It’s time to act,” Thune said.
Upon his return to the White House on Sunday evening after attending a football game, President Donald Trump did not clarify whether he supported the deal. But he said: “It seems we are approaching the end of the lockdown.”
Five Democrats trade votes
In addition to Shaheen, King and Hassan, Democratic Senator Tim Kaine of Virginia, home to tens of thousands of federal workers, voted to move forward with 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.
Moderates expected a larger number of Democrats to vote with them, as between 10 and 12 Democratic senators participated in the negotiations. But in the end, only five Democrats changed their votes — the exact number Republicans needed. King, Cortez Masto, and Fetterman had already voted to open the government since October 1.
The vote was temporarily postponed 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, abstained from their votes and huddled with Thune at the back of the chamber. They ultimately voted yes after talking to Trump, Lee said.
Another Republican, Senator John Cornyn of Texas, had to return from Texas to cast the decisive 60th vote.
Schumer votes no
After Democrats met for more than two hours to discuss the proposal, Schumer said he could not support it “in good faith.”
Schumer, who received blowback from his party in March when he voted to keep the government open, said Democrats have now “sounded the alarm” on health care.
He added: “We will not give up the fight.”
Independent Senator Bernie Sanders of Vermont, who caucuses with Democrats, said abandoning the fight was a “terrible mistake.”
Sen. Chris Murphy, D-Conn., agrees, saying that in last week’s election, people voted overwhelmingly Democratic “to get Democrats to hang on.”
Bipartisan agreement
Democrats voted 14 times not to reopen the government as they demanded an extension of tax breaks that make coverage more affordable under the Affordable Care Act. Republicans have said they will not negotiate on health care, but GOP leaders have been quietly working with the group of moderates as the outlines of an agreement begin to emerge.
The agreement includes bipartisan bills drafted by the Senate Appropriations Committee to fund parts of the government — food aid, veterans programs and the legislative branch, among others. All other funding will be extended through the end of January, giving lawmakers more than two months to finalize additional spending bills.
The deal would bring back federal workers who received reduction-in-force or layoff notices and reimburse states that spent their own money to keep federal programs running during the shutdown. It would also protect against future cuts in effect through January and ensure federal workers are paid once the shutdown ends.
House Democrats are backing down
House Democrats quickly criticized the Senate.
Texas Rep. Greg Cassar, chairman of the Congressional Progressive Caucus, said a deal that does not reduce health care costs is a “betrayal” of millions of Americans who are counting on Democrats to fight.
“Accepting anything but a pinky promise from Republicans is not compromise — it is surrender,” Casar said in a post on X. He added: “Millions of families will pay the price.”
“If people think this is a deal, I have a bridge to sell to you,” said Rep. Angie Craig of Minnesota.
House Democratic Leader Hakeem Jeffries blamed Republicans and said Democrats would keep fighting.
“Donald Trump and the Republican Party own the toxic mess they have created in our country, and the American people know it,” Jeffries said.
Discussing future health care
It is unclear whether the two parties will be able to find any common ground on health care subsidies before a promised December vote in the Senate. House Speaker Mike Johnson, Republican of Los Angeles, said he would not commit to raising the issue in his chamber.
Some Republicans have said they are open to extending tax breaks in the COVID-19 era as premiums could rise for millions of people, but they also want new limits on who can get subsidies and argue that tax money for plans should be directed through individuals.
Other Republicans, including Trump, used the debate to renew their years-long criticism of the law and called for its repeal or reform.
The effects of the closure are worsening
At the same time, the consequences of the lockdown have worsened. 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 before the Thanksgiving holiday “will be significantly reduced” if the government does not reopen.
Meanwhile, food aid for tens of millions of people has been delayed, with Supplemental Nutrition Assistance Program benefits caught up in legal battles related to the shutdown.
And in Washington, home to tens of thousands of unpaid federal workers, the Capital Area Food Bank said it is serving 8 million more meals before the holidays than it prepared this fiscal year — an increase of nearly 20%.
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Associated Press writers Stephen Groves and Kevin Freking contributed to this report.