Outline of potential deal to end government shutdown emerges as senators continue talks

Washington — The contours of a potential deal to reopen the government began to emerge on Tuesday as the shutdown was poised to become the longest in history, with senators discussing an agreement that would fund the government alongside long-term appropriations bills in exchange for a vote on extending health insurance tax credits that Democrats have demanded.

A bipartisan group of senators has been engaged in conversations in recent days as lawmakers search for an off-ramp in the shutdown fight. Senate Majority Leader John Thune told reporters Tuesday morning that he's hopeful the bipartisan group is close to a solution, while acknowledging the "cross-pressures that everybody's feeling" are "great."

Republicans argue that Democrats are waiting until after Tuesday's elections to back down, claiming they don't want to discourage their base from turning out to vote. A 14th vote on advancing the GOP-backed continuing resolution failed on Tuesday, with no new Democrats crossing the aisle. 

Senate Democrats were tight-lipped about a potential deal after a lengthy lunch meeting at the Capitol. "We had a very good caucus, and we're exploring all the options," Minority Leader Chuck Schumer of New York said.

Sen. Markwayne Mullin, an Oklahoma Republican, told reporters that he's "pretty confident" the shutdown will end this week: "I will tell you there's enough Democrats that I'm friends with that were willing to vote last week, and they were assured that Schumer would let them vote the way they need to this week."

The bipartisan conversations on Capitol Hill revolve around an effort to move forward on a so-called "minibus," or a package of full-year appropriations bills, in addition to the continuing resolution. Proponents of the plan say that approving the package would demonstrate Republicans' willingness to work on the long-term funding process on a bipartisan basis.

The minibus would include three separate bills. One would fund military construction and the Department of Veterans Affairs. The second would include funding for the legislative branch, and the third would fund the FDA and Department of Agriculture. Thune told reporters that the continuing resolution to reopen the government could "ride" on the appropriations package.

Sen. Katie Britt, an Alabama Republican and appropriator, told reporters on Tuesday that she made calls on the issue through the weekend. She said she's hopeful that a package of appropriations bills can be part of what ends the stalemate.

"The reason we're in this position is that we have not passed appropriations bills," Britt said. "So beginning to break the logjam through doing that, I think, would be incredibly effective."

Still, Republicans need to win over at least five more Democrats to reopen the government with a short-term measure. Republicans have said they are willing to guarantee a vote on extending health care tax credits under the Affordable Care Act in exchange for Democrats' votes, an offer that has been on the table for weeks. Some GOP senators think enough Democrats may be now willing to "take yes for an answer," as Thune puts it.

Sen. Mike Rounds, a South Dakota Republican who is involved in the talks, outlined the thinking to reporters Tuesday. He said that the appropriations package might entice Democrats to "vote for something other than just simply a continuing resolution" while providing "a path forward" beyond a vote on the health care tax credits.

Republicans have emphasized a return to regular order in this year's appropriations process and have worked to pass all 12 full-year funding bills, as opposed to a massive year-end funding bill. Appropriators are still aiming to accomplish that goal and avoid a year-long continuing resolution or an omnibus package.

But the continuing resolution would only fund the government until Nov. 21, giving appropriators little time to finish full-year funding. Thune has acknowledged that the deadline must be pushed back, though the exact timing remains up in the air.

GOP Sen. Susan Collins of Maine, the top appropriator in the upper chamber, advocated on Monday for a December date. Some lawmakers have argued that a December deadline would increase the chances of resolving the funding fight through individual bills while avoiding a full-year stopgap measure.

But House Speaker Mike Johnson ruled out a December continuing resolution on Tuesday morning, saying "too many people have concerns" about a pre-holiday deadline that often results in massive omnibus legislation to fund the government. Thune said later in the day that the date is still being discussed, noting that the expectation is that lawmakers will fund the government through the normal appropriations process. He said nobody wants a year-long continuing resolution, which would extend funding at current levels. 

Generally, senators said the talks about an off-ramp were more productive, though they were slim on the details. Sen. Gary Peters, a Michigan Democrat who's been involved in the conversations, said it was a "sensitive time" in the talks.

Collins told reporters Monday that "we are finally making progress" in the bipartisan conversations, saying she was "cautiously hopeful" that the shutdown will be resolved by the end of the week. On Tuesday, she said "the talks are more productive because they're more specific."  

Thune said he's hopeful that "we'll make some progress" this week. But any one senator could opt to slow down the process, potentially pushing the impasse into next week.