A continuing resolution (CR) to extend government funding through February 8 cleared a procedural vote in the Senate on January 22, 2018, paving the way for an end to the government shutdown that began over the weekend and has lasted into this afternoon. The cloture vote on the CR, which would also extend the Children's Health Insurance Program (CHIP) for six years and delay three health-related tax provisions imposed by the Affordable Care Act (ACA), was 81-18.

Prior to the vote, Senate Democratic Leader Chuck Schumer (D-NY) said he would support the CR given assurances from Senate Majority Leader Mitch McConnell (R-KY) that if an agreement regarding the Deferred Action for Childhood Arrivals (DACA) program is not reached by February 8, the Senate will immediately proceed to legislation on the issue. DACA is set to expire on March 5.

The CR that cleared the procedural vote in the Senate today simply changed the date of the government funding expiration from the version approved by the House last week, from February 16 to February 8. The Senate must still vote on passage of the measure and, because the bill was amended, the House must vote again. Both House Speaker Paul Ryan (R-WI) and the White House have signaled support for the February 8 version of the CR.

With regard to ACA taxes, the CR would: (1) extend for two years the moratorium on the 2.3% excise tax imposed on the sale of medical devices (through 2019), retroactive from December 31, 2017; (2) delay implementation of the excise tax on high-cost employer health coverage (the "Cadillac" tax) for an additional two years, until 2022; and (3) provide for a one-year moratorium on the annual excise tax imposed on health insurers for calendar year 2019.

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