Senate slips within 48 hours of government shutdown deadline

Senate absences and last-minute talks over barring funding for drug paraphernalia are slowing down government funding talks, pushing lawmakers within 48 hours of the shutdown deadline.  

The Senate wrapped up its work on Wednesday night without a deal for how to quickly vote on and pass the short-term funding bill, which would keep the government open through March 11. It will reconvene at 10:30 a.m. on Thursday morning, a day before Friday night’s shutdown deadline, without a clear path to an agreement.  

One of the biggest hurdles right now is Senate Democratic math. 

As part of a deal to speed up the continuing resolution (CR), Republicans want votes on two amendments to defund President BidenJoe BidenUS could spend M monthly on testing unvaccinated federal workers: official GOP senator opposes Biden court pick, likely blocking nominee Overnight Energy & Environment — Biden says Russia attack could spike oil prices MORE‘s vaccine mandates. GOP senators have made similar efforts during the previous short-term spending bills, and they’ve fallen short.  

But Democrats appear to be short the votes needed to defeat the amendments, which would need only a simple majority to be added to the CR. Three Democratic senators missed votes on Wednesday: Sen. Ben Ray Luján (D-N.M.), who recently suffered a stroke, and Sens. Mark KellyMark KellyOvernight Energy & Environment — Biden says Russia attack could spike oil prices Dem plan to suspend the gas tax faces bipartisan pushback Sinema has a golden opportunity to stand with small businesses MORE (D-Ariz.) and Dianne FeinsteinDianne Emiel FeinsteinDemocrats show little appetite for Biden’s call for gun control Lawmakers rolling out Violence Against Women Act without ‘controversial’ provision Biden to meet with Senate Judiciary Democrats on Supreme Court vacancy MORE (D-Calif.), who are both dealing with family medical emergencies. 

A spokesperson for Feinstein said she would not return on Thursday due to the family medical emergency. A spokesperson for Kelly didn’t immediately respond to a question about his schedule.

Sen. Debbie StabenowDeborah (Debbie) Ann StabenowOvernight Energy & Environment — Biden says Russia attack could spike oil prices Dem plan to suspend the gas tax faces bipartisan pushback Stock trading ban gains steam but splits Senate GOP MORE (Mich.), the No. 4 Senate Democrat, confirmed that a complication for getting an agreement on how to wrap up the CR is currently the Democratic absences.  

Only one GOP senator was absent on Wednesday, Sen. Lindsey GrahamLindsey Olin GrahamThe conservative case for nominating a Black woman to the Supreme Court The Hill’s Morning Report – World poised for war Anxious Democrats want Biden to speed up vetting for Supreme Court pick MORE (S.C.), meaning that Republicans would have the majority needed to get defunding the vaccine mandates into the government funding bill.  

But any changes to the CR by the Senate would force it to go back to the House, which is in the middle of a two-week recess and where Democrats are unlikely to support a funding bill that defunds President Biden’s vaccination requirements.  

“I think that’s their issue. … I think if we had the votes now, we’d probably win them,” said Sen. John ThuneJohn Randolph ThuneOvernight Energy & Environment — Biden says Russia attack could spike oil prices GOP scrambles to figure out what Trump legal drama means for future   Dem plan to suspend the gas tax faces bipartisan pushback MORE (S.D.), the No. 2 Senate Republican, about the Democratic absences on the CR amendment votes.  

Republicans want votes on two amendments. One from Sen. Ted CruzRafael (Ted) Edward CruzSenate Republicans urge DOJ to reject request for ‘no fly’ list for unruly passengers Biden’s stalled Small Business nominee gets a spot at State The Memo: Horizon darkens for Biden on Ukraine MORE (R-Texas) would prohibit federal funding from going from schools and child care centers that require a coronavirus vaccination to enroll, attend an in-person event or participate in school-sponsored activities. Sen. Mike LeeMichael (Mike) Shumway LeeSenate Republicans urge DOJ to reject request for ‘no fly’ list for unruly passengers Senate passes bill to make former internment camp national historic site Investigators find gaps in White House phone records from Jan. 6: report MORE (R-Utah) is also leading a group of GOP senators pushing for a vote to defund vaccine requirements for medical workers, military personnel, federal employees and contractors for the length of the CR.  

One option could be for GOP senators to pair their votes with the absent Democratic senators. That happened earlier this week when Sen. Mike RoundsMike RoundsOvernight Health Care — Biden eyes additional COVID-19 funding Senate confirms Biden FDA nominee GOP leaders silent on Trump’s claims that VP could overturn elections MORE (R-S.D.) voted “present” because he had paired with Lujan.  

“You have to have people who are willing to pair. … We’ll see. We haven’t had a real, I would say, full-throated discussion about pairing just yet,” Thune said.  

Democrats could also try to set the amendment vote threshold at Republicans needing 51 “yes” votes, rather than a simple majority of those voting, or try to offer Republicans a vote on the vaccine mandates after a soon-to-start one-week break instead of as amendments to the CR.  

In addition to the absences, senators are also trying to resolve Sen. Marco RubioMarco Antonio RubioSenate Republicans urge DOJ to reject request for ‘no fly’ list for unruly passengers Experts paint dark picture for region, global order if Russia invades Senate leaders send Putin symbolic warning shot amid invasion fears MORE‘s (R-Fla.) hold on quick passage of the funding bill. Rubio wants a vote on his bill — or to pass it by unanimous consent, which requires the support of all 100 senators — that would prohibit federal funding from going toward crack pipes and other drug paraphernalia in exchange for speeding up the CR. 

“My hope is we can just pass it without anybody objecting to it, especially since the administration is already claiming they don’t need it — they’re not going to do that,” Rubio said, referring to the administration saying that federal funds won’t go toward crack pipes. 

Leadership on Wednesday began the formal process of trying to find out if any senator would object to quick passage of Rubio’s bill. Thune predicted it will ultimately pass but said Rubio was in talks with Democrats to work out the details.  

“I think that’s going to happen. They’re still negotiating some final language,” Thune said.