DOD shutdown appears imminent, if short-lived, after failed Senate vote

The Senate on Thursday rejected a package of spending bills to fund roughly half of federal agencies, putting much of government, including the Defense Department, on a collision course with a shutdown set to begin this weekend. 

Eight Republicans joined all Democrats in defeating the measure, which the House previously approved with broad bipartisan support. It was set to coast to President Trump’s desk until Border Patrol agents fatally shot Alex Pretti on Jan. 24, leading to demands from Senate Democrats that more restrictions be placed on the Homeland Security Department’s immigration enforcement efforts as part of the agency’s funding bill. 

Senate Minority Leader Chuck Schumer, D-N.Y., subsequently laid out his caucus’ demands for DHS reforms, including the removal of masks by DHS law enforcement personnel, mandated use of body cameras, a requirement for third-party warrants to enter homes, the end of roving patrols in metropolitan areas by Immigration and Customs Enforcement and more uniform restrictions on use of force by federal agents. Democrats have engaged the White House on those requests and are currently negotiating a path forward. 

Lawmakers in both parties have expressed an openness carving out DHS appropriations and passing the other five spending bills still outstanding. Such a package would fund the departments of Defense, Labor, Health and Human Services, Education, Transportation, Housing and Urban Development, State and Treasury, as well as other related agencies. Under the plan, Congress would approve a stopgap continuing resolution for DHS to allow for negotiations to continue. 

That path would almost certainly lead to at least a short shutdown, however, as funding those agencies is set to expire first thing Saturday. Once an agreement clears the Senate, it would have to go back to the House, which is currently on recess until lawmakers return on Monday. 

If a deal getting signed into law appears imminent, the Office of Management and Budget could instruct agencies to delay shutdown procedures. OMB pursued such an approach in 2018 when funding briefly expired for agencies but it declared the impasse was merely a “short, technical lapse.” It advised employees to show up to work due to the imminence of a resolution, though the situation created widespread confusion across federal agencies. 

How quickly the House could approve the bill remains to be seen, as some conservative Republicans have suggested they would not vote for any agreement without certain concessions.  

While a deal had not yet been reached as of Thursday afternoon, Trump said he was hopeful one would soon emerge. 

“Hopefully, we won't have a shutdown,” Trump said. “We're working on that right now. I think we're getting close. The Democrats, I don't believe want to see it either. So we'll work in a very bipartisan way, I believe, not to have a shutdown."

Frank Konkel contributed to this report.