This post, courtesy of National Journal, and The Atlantic Wire, was updated regularly on Monday. Contributions from Tim Alberta, Matt Berman, Michael Catalini, Tom DeFrank, Catherine Hollander, Billy House, Elahe Izadi, Marina Koren, Patrick Reis and Dustin Volz
UPDATE 11:55 P.M.: OMB Makes it Official
Unfortunately, we do not have a clear indication that Congress will act in time for the President to sign a Continuing Resolution before the end of the day tomorrow, October 1, 2013. Therefore, agencies should now execute plans for an orderly shutdown due to the absence of appropriations.We urge Congress to act quickly to pass a Continuing Resolution to provide a short-term bridge that ensures sufficient time to pass a budget for the remainder of the fiscal year, and to restore the operation of critical public services and programs that will be impacted by a lapse in appropriations.Agencies should continue to closely monitor developments, and OMB will provide further guidance as appropriate. We greatly appreciate your cooperation and the work you and your agencies do on behalf of the American people.
UPDATE 11:28 p.m.: Latest From the House Rules Committee
House Rules Committee Chairman Pete Sessions, R-Tex., said Monday night that House Republicans are hoping to bring all sides to the negotiating table and resolve the two-chamber differences.
But even before the committee was to formally vote on the go-to-conference measure, shortly after 11 p.m., Senate Majority Leader Harry Reid, D-Nev., shot it down.
And it wasn't just Senate Democrats giving Sessions problems. House Rules Committee top Democrat Louise Slaughter, D-N.Y., called the measure another Republican “fancy two-step.”
The formation of a conference would entail the appointment of some House Republicans and Democrats, and Senate Republicans and Democrats, to hash out budget differences. But the procedures involved – and the negotiations -- could not be accomplished before the shutdown deadline.
Democrats were further outraged that House Republicans were pushing such a proposal after having refused for months to go to conference on a full-year’s budget. -- Billy House
UPDATE: 11:05 p.m.: Reid: "We Will Not Go to Conference Until We Get a Clean CR"
So says the Senate majority leader on the Senate floor. Speaking of the Republicans, Reid said that "they want to close government." After Reid, Sen. Chuck Schumer came to the floor to back up his leader. "I kind of feel sorry for Speaker Boehner," the New York Democrat sad. Both senators, speaking largely from the same talking points, said that they wouldn't go to a conference with a gun to their collective head.
Up next: A press conference with Nancy Pelosi at 11:15. -- Matt Berman
UPDATE: 10:54 p.m. -- Yeah ... we're shutting down.
House Majority Leader Eric Cantor tweeted to members that the House will vote tonight on a motion that contains the anti-Obamacare CR amendments they passed earlier this evening and a request for a conference with the Senate. We don't know yet who will be in the conference, or even if the Senate will accept such a deal this late in the game.
UPDATE 10:38 p.m.: President Obama has signed a bill into law that will exempt the military from the effects of the shutdown.
UPDATE 10:08 p.m. A somewhat unexpected move, as reports surface that House Republicans will call for a conference committee to draft compromise legislation with the Senate. In other words, an apparent end to "CR volley." This with about 110 minutes until the end of the fiscal year.
That proposal goes to the House Rules Committee at 10:30.
UPDATE 10:00 p.m. Pressure on the House to pass a resolution without any amendments — that is, a clean CR which maintains government funding at sequestration levels — is growing. Senators John McCain and Rand Paul, representing very different ends of the Republican Party spectrum, both called for such a move. McCain's proposal came with a rationale: "We can't win. That's going to happen sooner or later." Paul's would be short-term.
UPDATE 9:50 p.m. Ted Cruz, who is more responsible for the current stalemate than perhaps any other member of Congress, returns to his late-summer, anti-Obamacare mantra.
UPDATE 9:30 p.m.: The Senate killed the House's amended version of the continuing resolution, meaning that the spotlight moves back to the House.
UPDATE: 8:39 p.m.--3.5 Hours to Shutdown: The House Passes another CR for the Senate to Kill
The House passed its budget resolution 228-201 that includes an amendment that would delay the individual mandate and eliminate health care subsidies for some government employees.
12 Republicans joined 189 Democrats in opposing the resolution. Those include Mike Rogers, R-Ala., Thomas Massie, R-Kansas, Joe Barton, R-Texas, Pete King, R-N.Y., Paul Broun, Rick Crawford, R-Ala., Steve King, R-Iowa, R-Ga., Louie Gohmert, R-Texas, Michele Bachmann, R-Minn., and Phil Gingrey, R-Ga.
9 Democrats joined 219 Republicans in support of the resolution.
UPDATE: 8:25 p.m.--3.5 Hours to Shutdown: King "Blame Cruz for Any Shutdown"
Rep. Peter King (R-N.Y.) has openly broken ranks with his party's plan to again pass budget legislation attacking Obamacare, saying he would vote against Republicans' latest iteration of a continuing resolution—and blasting the highest-profile member of the "Defund Obamacare" movement. Chris Moody of Yahoo! News writes: "King [said] that if the government did shut down, one man would be responsible. 'Ted Cruz should be blamed,' King said. 'And anybody that follows him.'"
UPDATE: 8:17 p.m.--4 Hours Until Shutdown: The House Votes Again
The House is now voting on the budget proposal that would delay the individual mandate and strip health care subsidies for some government workers. It's a fifteen minute vote. From there, the bill will likely move to the Senate, where Senate Democrats say they will move to table the House GOP Obamacare amendment and send back a clean CR.
At that point, things get tense. (By Matt Berman)
UPDATE: 8:13 p.m.--4 Hours Until Shutdown: Obama "Proud" Of Reid, Senate Democrats
President Obama called Majority Leader Harry Reid tonight to discuss funding the government, according to a Senate Democratic aide. Obama told Reid he was "proud of the Democratic caucus for being united and fighting for the affordable care act," the aide said.
The comment serves Democratic goals of casting a unified front as Senate and House Republicans have argued about the best approach to gain leverage in the debate over funding the government.
Senate Democrats have consistently stressed their unity, and Reid has been clear about telegraphing his next move: stripping the Obamacare language from anything the House passes and pitching a clean CR back to the lower chamber. (By Michael Catalini)
UPDATE: 8:12 p.m.--4 Hours Until Shutdown: Bachmann: "We Need To Do Something That Will Actually Stop Obamacare"
Rep. Michele Bachmann, R-Minn., one of the six Republicans who voted against the procedural measure to bring the House CR to the floor, explained that she could not support a bill that does nothing to stop Obamacare from taking root tomorrow.
"All this bill does -- it's a so-called 'delay' of the individual mandate for one year," Bachmann told reporters after recording her vote. "We need to do something that will actually stop Obamacare from going into effect; this bill does not accomplish that."
There were reports that up to 20 House Republicans were orchestrating an attempt to torpedo the bill before it hit the floor. It seemed possible after this afternoon's GOP conference meeting, which saw several conservative members -- and also some moderates -- looking visibly unhappy with leadership's plan.
But according to Bachmann, Republicans of all ideological stripe were flying blind into the procedural vote, with leadership apparently unaware of who would be voting which way and why. "No one knew, because when we left conference there wasn't a vote, and of course there hasn't been time to whip," Bachmann explained. "So this was, I think, kind of a roll of the dice." (By Tim Alberta)
UPDATE: 8:10 p.m.--4 Hours Until Shutdown: Boehner Takes the Floor
Speaker Boehner took the floor full of energy, demanding that the Senate agrees to his new CR plan in the name of fairness. "All the Senate has to do is say yes and the government is funded tomorrow," he said.
The speaker, who has at times struggled to keep his caucus in line, left the floor to applause.
And yes, he also did a pretty mediocore impression of President Obama. (By Matt Berman)
UPDATE: 7:58 p.m.--4 Hours Until Shutdown: Giving to Charity
Sen. Ted Cruz says he will donate his salary to charity if there's a government shutdown, according to a statement from his office.
Cruz is blaming Majority Leader Harry Reid for the shutdown, arguing that the Nevadan is not compromising over Obamacare.
"Elected leaders should not be treated better than the American people, which is precisely why hardworking Americans deserve the same Obamacare exception that President Obama has already granted Members of Congress," Cruz said in a statement.
Members of Congress, along with the president, presidential appointees and Supreme Court justices, are guaranteed paychecks during shutdowns. Republican representatives from Cruz's state followed in his step quickly, with Blake Farenthold writing Monday night that he asked the House Chief Administrative Officer to withhold his pay, and Bill Flores, saying he would donate each day's pay to reduce the federal debt.
An email to Cruz's office asking which charity he will donate to has not been answered yet. We'll update when we hear back. (By Michael Catalini and Marina Koren)
UPDATE: 7:17 p.m.--5 Hours Until Shutdown: House GOP Revolt Shut Down
UPDATE 5:56--6 Hours Until Shutdown: Republicans: Americans Are on Our Side
On the floor and outside the Capitol, Republicans have spent the day citing the American people's disapproval of the Affordable Care Act as the reason for the near-deadline standoff in Congress. According to a CNN/ORC poll released Monday morning, 57 percent of Americans say they oppose the health law. However, nearly two-thirds of those surveyed said they weren't aware that online health insurance exchanges were set to open Tuesday, and half thought the law created a government-run insurance plan that would complete with private plans. (By Marina Koren)
UPDATE 5:53--6 Hours Until Shutdown: The Senate Republicans' Box
Like a tennis champion secure in the knowledge he can safely return his opponent's volley, Majority Leader Harry Reid, D-Nev., is waiting on the House to send the Senate another amendment to keep the government running.
When— if—the House does send the Senate its next iteration of a continuing resolution, Reid will move to table the measure, according to a Democratic Senate aide. It will be the third time Reid has punted back the CR to the House since Sen. Ted Cruz, R-Texas, campaigned to pressure Democrats to repeal the Affordable Care Act.
This raises a question: In the Senate, home of the filibuster, why won't Senate Republicans rise up and block Reid? Aside from the potential of getting beaned with a hot political potato, there's a procedural reason.
Senate Republicans won't be able to block Reid from moving to table the bill, according to Senate Republican and Democratic aides, because of parliamentary courtesy extended to Reid by the rules that allow him "first recognition," according to Democratic and Republican Senate aides.
That explains why Reid moved to vote as soon as the Senate convened today, and it also explains why Senate Republicans have been largely reticent today about talking about their next move. Absent persuading their Democratic colleagues to break ranks, there's not a whole lot they can do. (By Michael Catalini)
UPDATE 5:45--6 Hours Until Shutdown: Powerful Conservative Groups Split on House GOP Proposal
Washington's two most influential conservative advocacy groups split today on the House Republican CR proposal, with the Club for Growth backing the plan and Heritage Action for America opposing it.
In a late afternoon email to lawmakers, Club for Growth VP of Government Affairs Andy Roth announced his organization would be key-voting in favor of the budget bill, informing lawmakers that the vote "will be included in the Club's 2013 Congressional Scorecard."
Neither Roth nor Club for Growth spokesman Barney Keller offered an explanation of the group's support.
Meanwhile, Heritage Action released a statement around the same time announcing its opposition to the House measure -- quickly adding, however, that it would not key-vote against it.
"Much like the rest of Obamacare, the individual mandate and staffer exemption are bad policy, but the proposed changes would not keep the law from taking root," read a statement from Heritage Action. "For that reason, Heritage Action opposes the amendment, but will not key vote against it."
The decision by Club for Growth to key-vote in favor of the bill -- and Heritage Action's call not to issue a key-vote despite its opposition -- could ease the concerns of McCarthy and his vote-counting team. With plenty of House conservatives already uneasy about the proposal, a key-vote against it from one (or both) of these groups could have spelled doom for the last-minute legislation. (By Tim Alberta)
UPDATE: 5:30--6.5 Hours Until Shutdown: Key Republican Hints At Last-Second Deal
Rules Committee Chairman Pete Sessions is telling Democrats to "stay calm" and get ready for a late-night deal. More on that from NJ's Billy House here.
UPDATE: 5:20--6.5 Hours Until Shutdown: Obama on Obamacare: You Can't Shut It Down
President Obama took to the White House briefing room to outline what Americans can expect if a government shutdown takes place at midnight and to offer one last plea to House Republicans to not let party politics get in the way of one of their most fundamental responsibilities.
"Of all the responsibilities congress endows to congress, two should be fairly simple: pass a budget and pay America's bills," Obama began shortly after 5 p.m. "But if the United States Congress does not fulfill its responsibility to pass a budget today, much of the United States government will be forced to shut down tomorrow."
Obama rattled off a list of what government programs will continue despite the shutdown -- social security, public safety and national security services, military and border patrol operations -- before listing what Americans can expect starting tomorrow.
"Office buildings would close. Paychecks would be delayed. Vital services that seniors and veterans, women and children, businesses and our economy depend on would be hamstrung. Business owners would see delays in raising capital, seeking infrastructure permits or rebuilding after Hurricane Sandy."
He castigated House Republicans for attempting to use a shutdown as a bargaining chip to derail Obamacare in order to "save face after making some impossible promises to the extreme right of their party" and reiterated that the law will move forward no matter what Congress does.
"The Affordable Care Act is moving forward. That funding is already in place. You can't shut it down," Obama declared. "One faction of one party of one house of congress in one branch of government doesn't get to shut down the government just to refight the results of an election."
After his admonitions, Obama closed by saying he believed Congress could still strike a deal before midnight.
"My hope and expectation is that in the 11th hour once again that Congress will choose to do the right thing and that the House of Representatives in particular will choose the right thing." (By Dustin Volz)
UPDATE: 4:40--7.5 Hours Until Shutdown: "We kind of all knew where this was gonna end."
Don't call Senate Republicans frustrated--at least not those lawmakers who criticized Sen. Ted Cruz's plan to defund Obamacare through the continuing resolution.
"I'm not frustrated. I'm not frustrated in the least," said Sen. Bob Corker, R-Tenn., "I think this was—we kind of all knew where this was gonna end." Corker has been one of the loudest opponents of Cruz's quest to tear down the president's signature law.
Corker emerged from a closed-door meeting of Senate Republicans Monday afternoon, but declined to talk about the party's next move.
Senate Republicans will decide what to do next after the House acts again, Corker said. Asked whether they considered that Reid will reject anything other than the CR the Senate sent back to the House Monday morning, Corker did not answer.
"There's just not much to say," he said.
UPDATE: 4:37--7.5 Hours Until Shutdown: GOP Reps. Emerge Unhappy From Caucus Meeting
As he emerged from this afternoon's special House GOP meeting, the silence from Arizona Rep. Matt Salmon was deafening. Salmon, an oustpoken conservative who 36 hours earlier said his comrades went "bonkers" after Boehner presented the second House CR plan, appeared agitated and downtrodden after hearing the third and latest iteration.
Asked if he was unhappy with the plan, Salmon nodded his head yes, but refused to elaborate.
Salmon was the first conservative to express unease with the new GOP proposal -- which would delay Obamacare's individual mandate by one year while eliminating health care subsidies for a wide range of government employees -- but he was not the last.
Rep. Mark Meadows, R-N.C., who's played a leading role in the GOP's anti-Obamacare push, would not commit to voting for the bill when it hits the House floor this evening. Like many of his conservative colleagues, Meadows's body language was markedly different than it was Saturday afternoon, when conservatives loudly applauded Boehner's second CR proposal.
"I have two objectives: keep government open, and make sure the harmful effects of Obamacare don't hurt the folks I reprsent," Meadows said slowly, measuring his words. When asked if this third proposal meets those criteria, he hesitated, and said: "I've got to look at it."
When asked during a post-meeting press conference if his leadership team had the votes, Boehner nodded to Majority Whip Kevin McCarthy and said, "I'll let McCarthy talk about votes." The speaker quickly added: "We're confident that this issue will pass."
The message from House leadership was that no one -- not even the president, themselves, or their staff members -- should enjoy a special exemption from the health care law. By pushing this bill, Majority Leader Eric Cantor said, Republicans are promoting "the fundamental principle ... of no special treatment for anyone."
But that principle could be contributing to some tension within the conference. According to some GOP lawmakers, there was debate in the room over whether the subsidy ban would hurt their staff members and drive talent away from Capitol Hill. "There was some angst that it could hurt our staff, and we don't want to hurt our staff," said Rep. John Fleming of Louisiana. "But you know, the law's the law."
Still, despite some displeasure from the right, top conservatives sounded cautiously optimistic that the bill will pass tonight -- several hours before the deadline for both chambers of Congress to reach a budget deal to avoid a government shutdown.
"We'll see on the floor. Everybody's going to have to vote," said Rep. Steve Scalise, chairman of the Republican Study Committee, while stepping onto an elevator following the meeting. "I'm a yes."
When another RSC member on the elevator, Michigan Rep. Tim Walberg, said that he, too, would be voting yes, Scalise slapped him on the back
UPDATE: 4:01--8 Hours Until Shutdown: Obamacare Is Coming Tomorrow, No Matter What
Health and Human Services Secretary Kathleen Sebelius told reporters on Monday that what happens in Congress won't affect Obamacare's rollout on Oct. 1. "Shutdown or no shutdown, we're ready to go," she said at a press briefing.
The online insurance marketplaces created by the Affordable Care Act are scheduled to open on Tuesday. As National Journal has previously reported, much of the spending for the health-reform law's implementation is mandatory, and wouldn't be affected even if lawmakers vote to defund it. (By Catherine Hollander)
UPDATE: 4:01--8 Hours Until Shutdown: Sen. Vitter: Democrats Are the Ones Pushing a Shutdown, And They're Doing It to Protect Themselves
Sen. David Vitter, R-La., spoke extensively at a press conference late afternoon about his proposed amendment, which would subject Congress to the same rules and regulations of the Affordable Care Act as the rest of Americans. A version of the amendment is in the latest House proposal. Vitter, surrounded by House Republicans and tax reform crusader Grover Norquist, touched briefly on the day's ongoing back-and-forth, speaking confidently about reaching "the finish line."
Who will cross first—and when—remains uncertain. Who to blame for a government shutdown, however, won't be a mystery, Vitter said. "If in a day or two, the Democrats are refusing to continue to fund the government only because of this provision to protect themselves, then I think they will be correctly perceived for what they're doing."
UPDATE: 3:47 p.m.--8 hours to a Shutdown: Senate Passes Bill to Pay Military
The Senate passed by unanimous consent a bill passed Sunday morning by the House to pay the military in the event of a government shutdown. (By Matt Berman)
UPDATE: 3:45 p.m.--8 hours to a Shutdown: The Latest House Proposal
It's live here from the House Rules Committee. The proposal delays the individal mandate for a year, and removes health care subsidies for members of Congres, their staff, the president, vice-president, and political appointees. The committee will meet at 4:15 on the resolution.
It might be important to keep a watch on a possible erosion of House Republican unity.
Rep. Richard Hanna, R-New York, a centrist House Republican from the Utica area, tells NJ he's already decided he'll vote "no," doing so after leaving a closed-door conference meeting with Boehner and colleagues. And Rep. Don Young, R-Alaska said he doesn't believe the leaders have enough votes to move on any plan.
If all 433 current House members show up to vote on this Monday night, the Republicans could only lose 16 of their votes and still pass it -- that is, if no Democrats jump party lines.
(By Matt Berman and Billy House)
UPDATE: 3:18 p.m.--9 Hours to a Shutdown: Democrats to Republicans: We Wouldn't Do This
Speaking on the floor after the House bill was tabled, Sen. Claire McCaskill, D-Mo., said the House Republicans aren't playing the game. There's more public support for stricter background checks for gun ownership than for repealing the Affordable Care Act, she said, but Democrats are not bringing the government to the brink of a shutdown over it. "What would everyone think on the other side of the aisle if we just decided, well, you know, we're going to shut down the government if you don't pass background checks on guns? It's what the American people want," she said. "That's not the way we legislate. That's not the constitutional framework our founding fathers put together. There would be outrage that we would try to shut down the government over background checks on guns."
Democratic Sen. Chuck Schumer proposed a similar hypothetical in a post-vote press conference. What if current House Minority Leader Nancy Pelosi had held up TARP, the billion-dollar bailout program, unless Bush-era tax cuts were repealed? The New York lawmaker said such a move would have been "irresponsible."
Pelosi, flanked by House Democrats, repeated the hypothetical at another press conference Monday. "So for [House Republicans] to be putting these 'gotcha' things on this bill, is really beneath the dignity of what we come here to do," she said. "Unless what you came here to do was shut down the government—and that is what their contention is." (By Marina Koren)
UPDATE: 3:15 p.m.--9 Hours to a Shutdown: Senate Likely to Pay Military
The Senate is likely to take up a measure to keep the military paid in the event of a shutdown, a top Democrat confirms.
"We're not gonna leave the military hanging out," said Sen. Chuck Schumer, D-N.., the No. 3 Democrat in the Senate.
When the Senate will vote is not clear. (By Michael Catalini)
UPDATE 3:11 p.m.--9 Hours to a Shutdown: The House GOP Doesn't Have Votes "to do Anything"
Emerging from House GOP conference, Rep. Don Young of Alaska says Republicans "Don't have the votes to do anything." (By Billy House)
UPDATE 3:08 p.m.--9 Hours to a Shutdown: The House Vote Could Come Late
A House leadership aide says a vote on a new GOP CR with a delay on the individual mandate won't occur until tonight. Rules committee will set floor procedures sometime after 6 p.m.
A House Republican aide says there are no plans for a clean CR of any time length--"at this time." (By Billy House)
UPDATE: 2:57 p.m.--9 Hours to a Shutdown: Harry Reid and the "Banana Republicans"
Reid all-but rejected a very short-term extension of the budget, one intended to avert a shutdown for a few days while negotiations continue over a longer bill. McConnell floated the idea earlier Monday, but Reid disparaged the plan.
"The Senate's bill is a short-term extension," Reid said in his press conference following a Senate vote to reject the anti-Obamacare portions of the House's latest offer. "This is a 6-week funding bill. If we can't pass this, we are truly entering the banana Republican mindset." It is unclear whether Reid intended to say "Banana Republican mindset" or the more conventional "Banana Republic mindset."
Instead, Reid called on Boehner to put the Senate's version of the continuing resolution—one which keeps the government funded at current levels and does not affect Obamacare—on the House floor for a vote, saying the votes of Democrats and centrist Republicans combined would be enough to pass it. "We are not going to do anything other than wait for them to pass our version of the CR," he said. "Otherwise, the government will shut down."
"Understand we are dealing with anarchists," Reid said just before he left the podium.(By Patrick Reis)
UPDATE: 2:42 p.m.--9.5 Hours to a Shutdown: Reactions From the House GOP Meeting
Tweets from NJ's Tim Alberta, who's on the scene:
UPDATE: 2:30 p.m.--9.5 Hours to a Shutdown: Dow Recovers
The stock market is staging a gradual recovery Monday afternoon after stocks plunged at the opening of Monday trading. As of 2:25 p.m., the Dow Jones Industrial Average is still 109 points down for the day, but that represents a steady climb from the morning low, when the Dow lost more than 1 percent—about 170 points—at the opening bell.
UPDATE: 2:26 p.m.-- 10 Hours to a Shutdown: More on a One-Week CR
On the way into their 2 p.m. special conference meeting, House Republicans were staying mostly silent about the "rumors" of McConnell pushing a one-week clean CR to avoid a government shutdown.
In fact, many GOP lawmakers said they had no knowledge of McConnell's proposal.
"That's the first I've heard of it," said Rep. Tim Walberg of Michigan.
Some members did seem genuinely in the dark, but it was apparent from the tone and body language of others that they were sticking to a coordinated message campaign.
"Haven't seen it," said Rep. Jeb Hensarling of Texas with a broad smile.
Moments later, in a separate conversation, Rep. Tom Price of Georgia echoed: "Haven't seen it."
When asked about the McConnell proposal, Rep. Jim Jordan of Ohio just smiled and shook his head.
The reason some members declined to speculate about the Senate minority leader's plan may have to do with conference politics. House leadership has been under pressure not to bring any clean CR to the House floor, regardless of how long it would fund the government for.
With the health insurance exchanges set to open Tuesday morning, a bill that funds Obamacare for one week, some conservatives say, is just as bad as one that funds it for a year.
"It's going to be very difficult to pass any clean CR," said Rep. Justin Amash of Michigan.
One conservative, however, seemed open to the idea. In the interest of avoiding a shutdown, Rep. Matt Salmon of Arizona said, "If we have to buy a few more days, then so be it." (By Tim Alberta)
UPDATE: 2:19 p.m.-- 10 Hours to a Shutdown: Kick Out the Staff!
While the Senate voted to kill the House's Obamacare amendments, staffers were asked to leave a closed-door meeting of House Republicans in the basement of the Capitol. Time for frank talk on options. (By Billy House)
UPDATE 2:15 p.m. -- 10 Hours to a Shutdown: The Senate Votes to Kill the House's Obamacare Amendments
The Senate convened at 2:00, and Senate Majority Leader Harry Reid immediately put forward a motion to table the House CR amendments that would delay Obamacare and repeal the medical devise tax. The vote came along party lines, with Sen. Joe Manchin, D-W.V., going with his party on tabling the amendments. Manchin had previously signaled some support for an Obamacare delay, which had turned him into a Republican talking point. (By Matt Berman)
UPDATE 1:55 p.m.--10 Hours to a Shutdown: Carney Rejects Medical Tax Repeal
White House Press Secretary Jay Carney Monday said President Obama would reject a continuing resolution that repeals the medical device tax, a revenue raising portion of the Affordable Care Act.
"None-of-this is acceptable," Carney said during his daily press conference. "This is just blatant extortion."
Unlike other GOP proposals, such as a repeal or delay of all or part of Obamacare, repealing the medical device tax has some support among Democrats. But Democrats thus far have shown very little willingness to include any changes to Obamacare as part of the budget extension.
Carney said responsibility for avoiding a shutdown rests with House Speaker John Boehner, saying he should pass the Senate's "clean" continuing resolution. Doing otherwise, Carney said anything else would mean the speaker was giving into a "small, very extreme" faction of his House caucus.
"The Democrats are asking for nothing, no concessions, no ideological riders, no special pet projects, no political gotcha items" to extend government funding and raise the debt ceiling, Carney said. "Republicans on the other hand are attaching all sorts of agenda items... some of which are wholly unrelated to the budget." (By Patrick Reis)
UPDATE 1:54 p.m.--10 Hours to a Shutdown: Mitch McConnell to the Rescue?
Possibly reprising his role as last-minute savior, Minority Leader Mitch McConnell is suggesting to lawmakers a one-week continuing resolution without policy riders relating to Obamacare as a way to avoid a shutdown, a Senate GOP leadership aide confirms to National Journal.
"The Conference is looking at options."
"Despite the Democrats' refusal to work with the House to solve the problem, Republicans are working to protect the troops, prevent a shutdown and find solutions to the difficulties caused by Senate Democrats' delays," McConnell spokesman Michael Brumas said in a statement.
But Senate Majority Leader Harry Reid shot done the idea outright. Exiting the meeting of Democrats and asked if he was dead set against a one-week CR Reid said, "Yes."
Senate Democrats instead have said they favor a 6-week CR that strips out the House language delaying Obamacare and repealing the medical device tax.
Sen. Debbie Stabenow, D-Mich., said before the news of McConnell's offer that the Senate would vote this afternoon to send a clean CR back to the House.
This is not McConnell's first stab at hauling Congress back from the brink. During the fiscal cliff negotiations, it was McConnell and Vice President Joe Biden who authored a compromise to avoid fiscal crisis. (By Michael Catalini)
UPDATE 1:35 p.m.--10.5 Hours Until Shutdown: Sign of House GOP Fracturing?
Rep. Charlie Dent, R-Pa., a co-chair of the centrist "Tuesday Group" caucus in the House, tells NJ on Monday that he will argue in the closed-door House conference expected later in the day that it is time to accept a C.R. that will keep government funded without language to delay Obamacare, and avoid a shutdown.
Even if hard-liners in the conference don't think so, Dent said he believes Speaker John Boehner wants to, and that he should put such a CR on the floor. Dent says he believes Democrats and enough Republicans will pass it.
He noted Boehner has already shown several times this session he is willing to buck the supposed unofficial practice of not putting legislation onto the floor not supported by the "majority of the majority." He correctly ticks off such things as a hurricane relief bill, and the Violence Against Women Act -- not to mention the New Year's vote on the fiscal cliff bill.
Dent, echoing his positioning reported Friday in National Journal Daily, said he believes the GOP will be blamed for the shutdown, and that Republicans' fiscal and debt ceiling strategies can still be waged. He said no one wants to repeal the medical device tax more than he does. But he said attaching that, or any other strings to a CR at this time, is just not going to get passed the Senate. (By Billy House)
UPDATE: 1:10 p.m.—11 Hours Until Shutdown: Don't Expect a Clean House CR
With House Republicans set to hold a special conference meeting at 2 p.m., speculation is swirling about the possibility of House leadership presenting the option of sending back to the Senate a "clean" short-term CR that keeps the government running and buys Republicans more time to plot against Obamacare.
But according to multiple senior GOP aides, there will be no discussion today of a clean CR. With the Senate poised to strip out the anti-Obamacare language from the House CR this afternoon and speedily send it back to the lower chamber, House leadership is still working with leading conservatives to decide how to respond, sources tell National Journal.
There are several provisions Republicans are considering attaching to their third CR, which would be promptly returned to the Senate. These options, which will be discussed at this afternoon's conference meeting, include: a one-year delay of Obamacare's individual mandate (not the entire law); a ban on health care subsidies for members of Congress and their staffs (either in the language written by Sen. David Vitter, or some House conservatives); and a repeal of the medical device tax, as written by Rep. Erik Paulsen of Minnesota.
It's unclear, an hour before the meeting, which of these options is considered the strongest Republican rebuttal to the Senate's clean CR. But the one-year delay of Obamacare's individual mandate has generated, by far, the most buzz on Capitol Hill today. (House Republicans, eager to continue their "compromise" narrative, could point to the 22 House Democrats who voted for this delay back in July.)
Stay tuned for the latest developments from the 2 p.m. conference meeting. (By Tim Alberta)
UPDATE: 12:50 p.m.—11 Hours Until Shutdown: The Fundraising Goes On
Midnight on Monday brings two deadlines; one is for funding the government, and the other is the Federal Election Commission quarterly fundraising deadline.
A barrage of fundraising pitches came from Democrats as it became clear that Congress was barreling toward a shutdown. An email from Vice President Biden asked for $3 contributions to the Democratic Party. Another from President Obama directed donations to the Democratic Congressional Campaign Committee's 2014 efforts.
Republicans and conservatives have also been trying to capitalize off of the current congressional showdown. The Republican National Committee sent out its own fundraising email pitch from RNC Chairman Reince Priebus entitled "I Stand With Ted," off of the talk-a-thon of Sen. Ted Cruz, R-Texas.
The Senate Conservatives Fund has been playing ads featuring Sen. Ted Cruz, R-Texas, urging people to sign a petition to defund Obamacare, and a website dedicated to the effort solicits donations.
And despite the possible shutdown, at least seven members of Congress have scheduled fundraisers this week, according to the Sunlight Foundation. (By Elahe Izadi)
UPDATE: 12:12 p.m. — 12 Hours Until Shutdown: The House Democrats' Plans
After the Senate votes, House Democrats will caucus behind closed doors around 2:30 p.m. At 3:00, House Minority Leader Nancy Pelosi and other House Democratic leaders are expected to hold a press conference. (By Billy House)
UPDATE: 12:00 p.m. — 12 Hours Until Shutdown: The Senate Democrats' Strategy
At a press conference just before noon, Sen. Barbara Boxer, D-Calif., outlined what the Senate Democrats will do this afternoon. "We're going to handle this message from the House the same way we handled the first bill," she said. This means that Senate Democrats, after a caucus meeting, will strip the Obamacare delay and medical device tax repeal from the CR and send a clean resolution back to the House.
The frustration isn't just about the full delay. Boxer said that a medical device tax "has nothing to do with this particular situation that we're in now." Even if some Democrats are open for debating on repealing that tax—which would cost $29 billion in revenue over a decade—the party at this point is standing firm on refusing to negotiate on any aspect of Obamacare as part of a budget negotiation.
So what happens from there, if the House just sends another CR to the Senate with Obamacare amendments? "I'm not at liberty to say what Senator Reid will do if, what, when, and how," Boxer said.
We'll see how that holds after the caucus meeting, which is expected to happen at 1:!5 p.m. The Senate is expected to vote just after 2. (By Matt Berman)
UPDATE: 11:00 a.m. — 13 Hours Until Shutdown: An Angry Breakfast With Chris VanHollen
The remaining shred of good will between Republican and Democratic combatants in the House all but evaporated Monday as a key Democratic legislator accused Speaker John Boehner of abdicating his authority to freshman Sen. Ted Cruz (R-Tex.), ringleader-in-chief of the government shutdown war.
"Sen. Cruz is essentially running the show in the House," Rep. Chris Van Hollen told a reporters' breakfast. "If Speaker Boehner doesn't want to exert leadership he should go ahead and turn the gavel over to Speaker (sic) Cruz."
The ranking Democrat on the House Budget Committee, Van Hollen repeated that "Sen. Cruz is dictating policy in the House of Representatives today." With his leadership squarely on the line, Boehner has two choices, he added: "Either he should step aside for Sen. Cruz or he should exert some leadership."
House Democrats and White House officials, who believe Boehner is the weakest speaker in decades for not standing up to rebellious tea-party zealots in his GOP caucus, privately say Boehner would like to find a middle ground to keep the government from shutting down at midnight because he understands Republicans will be blamed by most Americans. But they claim Boehner cannot risk alienating the extremist wing of his caucus lest he be tossed out as House speaker. (By Tom DeFrank)