Senators closing in on funding federal government less than two days from shutdown

Senators are working toward an offramp to fund most of the government through the remainder of the fiscal year as a shutdown looms less than two days away.
The Senate earlier Thursday failed to clear a key procedural hurdle on a crucial six-bill government funding package. The procedural vote on the package was widely expected to fail as Democrats demand that the Republican majority strip funding for the Department of Homeland Security from the measure. The Democrats want new restrictions on federal immigration enforcement added to the DHS bill after federal agents shot and killed two U.S. citizens in Minneapolis this month.
Two Senate Republicans said their party is working to address Democrats’ demands and split the DHS portion of the bill off to salvage the rest. That move would include a short-term stopgap to keep DHS running, but senators are still haggling over how long the continuing resolution would be. If that happens, it would be a crucial step to avert a shutdown.
“I think we’re going to get through the five bills very quickly, probably sometime today,” Sen. John Kennedy, R-La., a member of the Senate Appropriations Committee, said after emerging from a Republican caucus meeting Thursday.
“We’ll agree on a clean CR for Homeland Security; the only issue is for how long,” Kennedy said, adding that Senate Democrats are negotiating with the White House over the length of the CR.
In addition to Homeland Security, the package would also fund the Departments of Defense, Treasury, State, Health and Human Services, Labor, Housing and Urban Development, Transportation, and Education. Spending measures need at least 60 votes to avert the Senate filibuster.
Thursday’s procedural vote failed 45-55, with seven Republicans joining Democrats in voting against it. Majority Leader John Thune, R-S.D., voted no to reserve a motion to reconsider. That vote increased the likelihood of a government shutdown, which would begin at 12:01 a.m. ET Saturday.
Sen. Markwayne Mullin, R-Okla., also told reporters at the Capitol he was optimistic that the package without DHS funding would clear the Senate.
“If they will give us the five appropriations bills with no change, I think we’ve got a really good, strong path to be able to get that done,” Mullin said. “We could maybe vote tonight, that all depends on what the Democrats bring out of their conference.”
Due to time constraints to avoid a shutdown, the Senate may have to use a procedure to remove the DHS bill that would allow any one senator to block it.
Kennedy warned that he “can’t guarantee” that all members will agree to the move.
“We’ve got some free-range chickens,” Kennedy said of the Republican caucus.
Democrats earlier in the day held firm in asking for the DHS bill to be separated and said they would vote for the other five to avert a shutdown.
“Democrats are ready to pass five bipartisan funding bills in the Senate,” Senate Minority Leader Chuck Schumer, D-N.Y., said on the floor on Thursday. “We’re ready to fund 96% of the federal government today, but the DHS bill still needs a lot of work.”
Altering the bill, including stripping DHS, would require the House of Representatives to vote on it again. The House is out of Washington on recess with plans to return next week, meaning the government could shutter for a short period even if the Senate clears the package.
Republicans on Wednesday began opening the door to avoiding a shutdown, expressing a willingness to strip the DHS bill and continue negotiations while clearing the way for the rest of the package. Thune said Democrats are negotiating with the White House on a way forward.
“Let’s hope it lands,” Thune told reporters Thursday.
“There’s a path to consider some of those things and negotiate that out between Republicans, Democrats, House, Senate, White House, but that’s not going to happen in this bill,” Thune said.
— CNBC’s Karen Sloan and Caleigh Keating contributed to this report.