Eyes on Washington: Shutdown Briefing – Day 22

Welcome to the Eyes on Washington: Shutdown Briefing. During the federal government shutdown, we will be sharing concise, client-focused updates to help you stay informed on key developments, legislative dynamics and potential impacts to your operations and federal engagement.

Breaking News

This shutdown is now the second-longest funding lapse in U.S. history.

Status Update

Today marks Day 22 of the federal government shutdown. Negotiations on reopening the government remain stalled.

Congressional Activity

The U.S. Senate was expected to vote for the 13th time on the Republican-backed "clean continuing resolution (CR)" on October 22 at 3:30 p.m.

Leadership Dynamics

• Democratic Leadership: Has reached out to President Donald Trump directly for the first time since the shutdown began on October 1. Senate Minority Leader Chuck Schumer (D-N.Y.) and U.S. House of Representatives Minority Leader Hakeem Jeffries (D-N.Y.) both "urge [President Trump] to sit down and negotiate with us to resolve the healthcare crisis, address it and end the government shutdown."
• Republican Leadership: Continues to blame Democrats for prolonging the shutdown. U.S. Senate Majority Leader John Thune (R-S.D.) indicated that he would bring up legislation (S.3012) this week to pay federal employees in Excepted Service categories and military service members. Responding to the "No Kings" protests on October 18, House Speaker Mike Johnson (R-La.) stated that he hoped Democrats would "come to their senses" after "protests and publicity stunts." He affirmed that he will bring the House back into session as soon as this week if the Senate passes the "clean CR."
• Bipartisan Engagement: With the House out of session and the Senate only convening on a pro-forma basis, new bipartisan efforts to open the government continue to stall.

Executive Branch Developments

• Presidential Engagement: House Speaker Mike Johnson (R-La.) met with President Trump at the White House on October 20 to discuss the shutdown. No public statements have been made.
• Congressional Conversations: Public reports and conversations with Capitol Hill staff indicate talks around a solution for the Affordable Care Act (ACA) credits have stalled.

Key Milestones Ahead

• Late October through November: The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) may begin to experience funding shortfalls. Last week, the White House added funds from other programs and indicated that it will use tariff revenue to temporarily sustain the WIC program. The U.S. Department of Agriculture (USDA) said there is insufficient funding to cover all November Supplemental Nutritional Assistance Program (SNAP) benefits.
• October 24: Federal civilian workers are projected to miss their first full paycheck.
• October 25: President Trump is expected to attend the Association of Southeast Asian Nations (ASEAN) meeting in Malaysia. He is expected to extend his trip to visit Japan and Korea.
• October 31: House staff are expected to miss their paychecks. Members of Congress will continue to receive pay throughout the shutdown. Pentagon workers likely will be paid again by the administration, using available balances in other accounts, as they were on October 15.
• November 1: The ACA open enrollment period begins. The House-passed CR does not include an extension of ACA tax credits, which are set to expire at the end of the year.
• November 4: Off-year gubernatorial elections are held in Virginia and New Jersey.
• November 7: Non-exempt federal employees will have worked one month without pay.

Strategic Considerations for Clients

• Agency Engagement: Clients should anticipate delays in regulatory reviews, permitting and federal communications.
• Contracting and Grants: Federal contractors may experience payment disruptions and limited access to agency personnel.
• Policy Positioning: The shutdown may create new leverage points in legislative negotiations. Clients with interests in appropriations, healthcare, defense and infrastructure should monitor developments closely.

Contact Us

Holland & Knight will continue to provide updates throughout the shutdown. For tailored guidance or strategic briefings, please contact one of our Public Policy & Regulation Group members below.

Todd Wooten
Dimitrios J. Karakitsos
Karl R. Koch
Sara E. Peters
Dennis S. Potter
Elizabeth Leoty Craddock

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.