What Could be Left Behind in a Shutdown?

There are obviously all sorts of impacts when a government shutdown occurs, especially this late in the year.  One that may be underestimated is the legislative schedule.  As the remaining calendar condenses for the year, there is less time to advance legislation (especially with the House and Senate largely not legislating during the shutdown).  Here is a partial list of issues that will need to compete for floor time.

National Flood Insurance Program (NFIP) Reauthorization:  The NFIP expired on September 30th, and Congress has not reauthorized it yet.  There is a proposal to extend the program through 2026 (with bipartisan support), but Congress has not yet acted on the legislation, which prevents FEMA from renewing existing policies or selling new policies, although they are allowed to pay claims.    

Farm Bill: There is a push to advance a Farm Bill by the end of the year, especially among the agriculture community that is relying on a variety of key policy changes.  Both parties would like this to happen, but the delay during the shutdown has reduced activity and focus here.      

National Defense Authorization Act (NDAA):  The NDAA is passed every year (before December 31st), and this year will be no different.  So, this will get floor time, and negotiations are happening now to ensure it is ready to go before the end of the year.  

CR / Funding Bill(s):  A continuing resolution will need to pass at some point, which will officially end the shutdown.  This will be a priority of House and Senate leadership, obviously, so it will get the time it needs on the floor.  

Obamacare Subsidies:  The entire focus of the shutdown is around the expiration of the Obamacare subsidies, which Democrats are hoping to extend.  While many Republicans have indicated that they would not support an extension (even after the shutdown), there have also been meetings around how to address the issue and the costs associated with it.  Even the President indicated he may be willing to work on an alternative. This may or may not happen, but there may need to be some floor time as part of the deal to reopen the government.  

Forestry Legislation: The Senate Agriculture Committee recently moved the Fix Our Forests Act, a bipartisan forestry management and wildfire mitigation bill. There's some interest in bringing this to the Senate floor with a robust amendment process, which presumes there's floor time this year.

OMUFA Reauthorization: The Over-the-Counter Monograph Drug User Fee Act authorizes the FDA to collect fees from companies relying on the FDA to conduct OTC monograph drug activities. Authorization expired on September 30, and payments have stopped, which funds federal officials at the FDA. There is a bipartisan bill to reauthorize OMUFA in both the House and Senate that is stalled until the government reopens.

Telehealth Policies:  The pandemic-era policies that allowed for flexibility around telemedicine failed to be extended before the September 30th deadline and have, thus, expired.  This is another issue that has strong bipartisan support and failed to get floor time.  

So, what does all this mean when the government opens?  It could translate to an end-of-year package that combines a good portion of the unfinished business, since there will not be enough time, most likely to pass individual bills.  It may also mean that Congress decides to push a portion of these bills until next year.  Regardless, the longer the shutdown is, the less time there will be for Congress to move legislation.