Senate Shutdown Talks Emerge. Just Don’t Call Them Negotiations

They’re not negotiating or trading horses or striking deals. But a bipartisan group of senators is at least talking to each other behind the scenes during the government shutdown.

The informal conversations serve as a counterweight to the House, where there’s been no bipartisan communication aside from bickering matches in the hallways. These senators hope they can at least keep the pot simmering, in the hopes a breakthrough might eventually emerge.

There’s been brainstorming about health-care policy and griping about President Donald Trump’s unilateral actions to block funding. So far, the key to keeping the talks going has been low expectations.

Democrats are seeking “not even pinky promises, but like general conversations,” Sen. Ruben Gallego (D-Ariz.) told reporters.

Republicans continue to insist they’re not considering giving Democrats concessions on policy measures to end the shutdown. Democrats should vote for the House-passed stopgap funding bill that has gotten 55 votes in favor in the Senate, just five shy of the 60 needed to overcome a filibuster, Republicans say. But privately, GOP senators are willing to keep talking “outside of the range of your microphones,” Sen. Lisa Murkowski (R-Alaska) told reporters.

Graphic: David Evans/Bloomberg Government

That approach contrasts with the House, which has been effectively out of session since Sept. 19. Democrats have made a point of staying, saying they’re ready to negotiate. But Republicans have been gone for weeks. There have been dueling press conferences and bickering matches. Speaker Mike Johnson (R-La.) held an impromptu debate with Gallego and Sen. Mark Kelly (D-Ariz.) in a hallway last week. Minority Leader Hakeem Jeffries (D-N.Y.) and Rep. Mike Lawler (R-N.Y.) had a similar spat. And a group of Democrats marched into Johnson’s office, though he was out of the building.

Aside from that, it’s been “oddly quiet” in the House, Rep. Seth Magaziner (D-R.I.) said.

“It’s like being locked in the mall at night with your friends when the mall is closed,” Magaziner said.

Health Care Ideas

Senate Democrats have mostly focused on a call to extend pandemic-era Affordable Care Act subsidies expiring at the end of December, which could cause premiums to rise. Lawmakers have tossed out ideas on how to eventually approach those negotiations, without getting too far into the details. Republicans have mentioned reducing out-of-pocket expenses and cutting waste, fraud, and abuse, Sen. Markwayne Mullin (R-Okla.) said. Sen. Susan Collins (R-Maine) has said she’d like to ensure people earning more than $200,000 a year aren’t eligible for subsidies, she told reporters.

They’ve also discovered some sticking points. Sen. Mike Rounds (R-S.D.) told reporters Republicans would want provisions in any health-care deal to bar federal spending on abortion. Sen. Jeanne Shaheen (D-N.H.) said Republicans are “just looking for an opportunity to continue to support their agenda that would prevent women from making their own decisions about their health care.”

The tone of those health-care discussions has been productive, Sen. Gary Peters (D-Mich.) said.

“People want to try to find some common ground and find a compromise,” Peters said. “We’re not there yet, but people are still talking, and that’s always a positive.”

Some members have lost their patience, more than two weeks into the shutdown. Mullin told reporters Wednesday there was “no point in continuing the conversation” on health care until Democrats end the shutdown.

Aside from health-care talks, some Democrats have talked with Republicans about what they’ll need to ensure that any funding agreements won’t be unilaterally overruled by Trump and his budget director, Russell Vought. Democrats have only grown more frustrated with Vought as the White House has begun laying off federal workers and questioned whether they’ll need to provide employees back pay.

Sen. Tim Kaine (D-Va.) has taken the lead on that issue. Sen. Jeff Merkley (D-Ore.) has also pushed for restrictions on partisan funding rescissions, provisions that were included in the Democratic funding proposal that has fallen short in Senate votes.

“There’s got to be an agreement, whatever the timing of this short-term deal is, that during it, the White House isn’t going to fire people, RIF people, cancel projects, claw back monies that Virginia and other states get,” Kaine said, referring to “reduction in force” layoff plans.

Silence from Leadership

There are some high-profile absences from the conversations. Members of congressional leadership have largely stayed in their corners. Trump hasn’t met with lawmakers on the issue since the shutdown began. And there can’t be real progress without involvement from those principals, Shaheen said.

“I don’t think the leadership is talking to each other,” Shaheen told reporters. “And I don’t see how we get a deal unless the people in charge decide they’re going to sit down and negotiate.”

The Republican and Democratic proposals to fund the government have failed repeatedly, with little movement in the vote tallies. The Republican continuing resolution has peaked at 55 votes, including support from three Democratic caucus members: Sens. Catherine Cortez Masto (D-Nev.), John Fetterman (D-Pa.), and Angus King (I-Maine). King considered switching his vote to oppose the GOP plan but ultimately decided against it, backing the measure to try to end the shutdown.

The Democratic proposal has peaked at 47 votes in support, without any support from Republicans.

Sometimes, the conversations have only highlighted senators’ differences. One evening last week, a group of senators were set to have a Thai dinner. But Mullin said he doesn’t like Thai food. Instead, he had a backup plan.

“I have a package of Oreos in my truck, and I’m going to pour it in a bowl and pour milk on top,” Mullin told reporters.