Breaking down the shutdown deal, from back pay to a $500,000 surprise
The package extends funding for much of the federal government through Jan. 30. But it also includes other provisions, including one particularly controversial item involving potential payouts to senators.
The House is set to vote as soon as later Wednesday on legislation reopening the government after a record-setting shutdown that lasted more than a month. The package extends funding for much of the federal government through Jan. 30 and includes full-year funding for the Agriculture Department, military construction and the legislative branch. But it also includes other provisions, including one particularly controversial item involving potential payouts to senators.
Here are some other key parts of the deal.
Reversing firings and providing back pay to federal workers
Senate Democrats secured language guaranteeing the reversal of federal layoffs initiated by the Trump administration during the shutdown—and guaranteeing that there will be no more mass firings at least through Jan. 30. The bill also makes clear that all federal employees who missed paychecks—whether they were furloughed or worked during the shutdown—will get back pay. The White House had raised the possibility of denying back pay for furloughed workers.
Pledging votes on healthcare subsidies
The bill doesn’t include an extension to healthcare subsidies. But as part of the deal to get some Senate Democrats on board, GOP leaders in the Senate promised a vote on Democrats’ proposal for extending enhanced Affordable Care Act subsidies by mid-December. The House hasn’t made a similar pledge. Senate Republicans also expect to get a parallel vote on their own approach to the expiring healthcare subsidies.
Potential $500,000 payouts
The Senate bill included a last-minute provision that allows senators—but not House members—to sue the federal government if investigators collect their records without their knowledge. The Senate made the provision retroactive to 2022, which would cover the Justice Department’s collection of phone records from eight Republican senators during former special counsel Jack Smith’s investigation into President Trump’s efforts to overturn the 2020 election.
The provision paves the way for payouts of $500,000 each in damages. Lawmakers of both parties have criticized it as improper. “We are talking about a multimillion-dollar slush fund that is in this bill for eight Republican senators," said House Minority Leader Hakeem Jeffries (D., N.Y.). Rep. Chip Roy (R., Texas) said it is “beside my comprehension that this got put in the bill."
Still, Republicans indicated they would seek a fix after passing the package, rather than amend the measure now and send it back to the Senate, which would prolong the shutdown.
Security for lawmakers and judges
Following the shooting of Charlie Kirk and a string of attacks on political figures, Congress included major security funding in the bill. The measure provides an additional $203.5 million for security for the House and Senate, $28 million for Supreme Court justices, and $30 million for the U.S. Marshals Service to protect executive-branch officials.
Unfreezing D.C. government spending
The measure provides relief for the District of Columbia, whose budget is under the control of Congress. A March spending law had the effect of forcing D.C. to revert to its 2024 budget, effectively barring the city from spending some of its own tax revenue. City officials warned the law would lead to a big budget shortfall and lobbied for its reversal, and Trump threw his support behind undoing the cap. The new measure lifts the spending restriction and allows D.C. to spend funds in line with the budget passed by the district’s council.
New hemp provisions
The bill rewrites the federal definition of hemp, effectively banning the sale of hemp-derived gummies, drinks, vapes and edibles one year from now. These products, which can produce a mild high, became legal through a loophole in the 2018 Farm Bill. This change led to heated debate on the Senate floor between two Kentucky Republicans. Sen. Rand Paul unsuccessfully proposed an amendment to block the provision, saying it would greatly damage the hemp industry, while Sen. Mitch McConnell defended the change as needed to crack down on intoxicating products.
Under the new language, hemp would be defined to exclude products with more than 0.4 milligrams of THC per container or any synthetically produced cannabinoids, such as delta-8 THC. The change deals a major blow to the fast-growing and largely unregulated hemp industry, which has flourished in convenience stores and online.
Funding the Wedgetail radar jet
The bill breathes new life into the E-7 Wedgetail radar jet after the Air Force tried to kill the program this year. The plane, which is being developed by Boeing to replace the E-3 Sentry, would connect other aircraft with military assets on the ground. Defense Secretary Pete Hegseth told lawmakers this summer that the plane was “not survivable" when recommending its cancellation. The Air Force has also cited delays and cost increases to the program.
Lawmakers added $400 million to the bill for research, development and prototyping for the E-7 due to concerns that the Pentagon’s plan to replace the plane’s mission using space assets won’t be ready in time.
This explanatory article may be periodically updated.
Write to Anvee Bhutani at anvee.bhutani@wsj.com and Siobhan Hughes at Siobhan.hughes@wsj.com
topics
