The real shutdown deadline is closer than it appears

Presented by Humana: An evening recap of the action on Capitol Hill and preview of the day ahead
Dec 12, 2023 View in browser
 
POLITICO Huddle

By Jennifer Scholtes, Caitlin Emma and Daniella Diaz

Presented by Humana

With assists from POLITICO’s Congress team

House Speaker Mike Johnson (R-La.) is seen during a ceremonial swearing-in.

A toplines deal is a must-have before any talks can proceed, and one now looks highly improbable before the House and Senate gavel out for the holidays. | Francis Chung/POLITICO

M.I.A.: SPENDING TOPLINES. TIME FOR A HILL S.O.S.?

Senate Appropriations Chair Patty Murray (D-Wash.) expected them “several weeks ago.” Her GOP counterpart, Maine Sen. Susan Collins, wanted them as a gift for her birthday last week.

But “toplines” — the government spending levels that will shape any agreement to avert a shutdown next month — are nowhere to be seen on Capitol Hill.

Which is a very bad sign.

What does it mean? A toplines deal is a must-have before any talks can proceed, and one now looks highly improbable before the House and Senate gavel out for the holidays. Speaker Mike Johnson said Tuesday that his latest offer was sitting idle in the upper chamber.

"We're awaiting the other team … to come forward with a number that we can agree upon, that we write to,” Johnson said. “And that's the impasse." If spending negotiations between Johnson and Senate Majority Leader Chuck Schumer slip into January, the risk of a shutdown will skyrocket. That’s in part because Murray and other Democrats are warning against the speaker’s threat of a funding patch through the end of the fiscal year if talks crumble.

What you need to know: Congress hits the first of its two shutdown deadlines on Jan. 19, just 38 days from now. Before lawmakers can debate the nitty gritty of specific programs’ funding and sticky policy issues like federal funds for Planned Parenthood, the two parties need to agree on –

  1. An overall total for defense funding 
  2. Another total for non-defense funding
  3. Ground rules for debating policy add-ons 
  4. How “emergency” spending gets counted 

It gets even more complicated: Since Republicans have sworn off the traditional “omnibus” bundling of a dozen annual spending bills, leaders might also need to agree on how to package the bills at the outset of the upcoming debate.

After settling on a toplines framework, it typically takes weeks for Congress to debate the finer points, print bill text and whip enough support before an accord is shipped off to the president. But — and we don’t have to tell you this part — this Congress has been anything but typical.

So Johnson and Schumer are already facing a significant time crunch, especially if negotiations on aid to Israel and Ukraine also spill into January (which looks all but guaranteed).

We crunched the numbers for how long lawmakers have recently needed to pass final government funding deals after clinching toplines agreements:

— Fiscal 2023: 10 days. (Framework struck on Dec. 13, bill cleared Dec. 23.)

— Fiscal 2022: 30 days. (Framework struck on Feb. 9, bill cleared March 10.)

— Fiscal 2021: 27 days. (Framework struck on Nov. 24, bill cleared Dec. 21.)

Top Democrats say there’s nothing to negotiate this time around, since this summer’s bipartisan debt deal set the necessary budget totals to start reconciling the differences between the House and Senate’s separate spending bills.

But Johnson is contending with conservatives who are demanding no federal money get spent outside the debt law’s limits, a demand that would rule out routine adjustments Congress makes that bend the boundaries of spending caps.

Both Democratic and Republican appropriators, who’ve largely been left out of Johnson’s negotiations with the right, say it’s time to move on.

Johnson has gotten “sidetracked” by hardliners, said Rep. Rosa DeLauro (D-Conn.), the top Democratic appropriator in the House. She added a prediction that “we’re headed to a government shutdown” without a deal soon: “They have to figure out what they want to do.”

Collins said Tuesday evening that it’s “absolutely right” that a funding framework usually needs to be struck at least a month before the funding deadline.

“So I’m getting very concerned about the absence of the topline agreement,” she added, noting that she and the other three appropriations leaders give input in the negotiations but aren’t allowed to take part in the talks.

Jennifer Scholtes and Caitlin Emma, with an assist from Katherine Tully-McManus and Daniella Diaz 

 

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GOOD EVENING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Tuesday, Dec. 12, where we are counting down to the holiday recess.

MEET THE ZOMBIE SUPPLEMENTAL

A few minutes after Mitch McConnell said it's "practically impossible" to finish a deal this year, Chuck Schumer announced Senate negotiators would have another meeting on border security.

It’s not enough to declare talks dead, but you might call them in a zombie state. Senators in both parties are clearly far from a deal that can get President Joe Biden’s $100 billion-plus Ukraine, Israel and border package passed. And while things might pick back up next month, it looks almost certain that action will get punted to 2024.

“This is too important,” Sen. Mark Kelly (D-Ariz.) said. “If Ukraine doesn't get our help, they’re going to lose. Putin is going to win.”

No plan B … yet: The House GOP has passed its own standalone Israel aid bill, paying for it with IRS cuts that are a no-go in the Senate. But Democrats who control the upper chamber said they’re not quite ready to entertain their own separate path for Biden’s request.

“There’s a lot of motivation on our side,” Kelly said. “On both sides of the aisle, there is strong support for giving [Ukraine] the additional combat power they need to be successful.”

Sen. Tim Kaine (D-Va.), who sits on the Armed Services Committee, made clear that Democrats should continue to push Ukraine aid as part of a broader agreement.

“You keep it together,” Sen. Tim Kaine (D-Va.) said. “If we don’t do it together, we may never come back to other pieces of it.”

Sen. Peter Welch (D-Vt.) agreed the impasse won’t be broken this week and added a note of skepticism that border security and Ukraine aid can stay yoked together.

“I don’t know if [border issues] can be resolved without jeopardizing the urgent need to have some Ukraine aid right away,” Welch said. “So how we do it, I leave that up to the leadership.”

— Daniella Diaz, with assist from Burgess Everett and Anthony Adragna 

 

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TEXAS ABORTION DECISION RE-HIGHLIGHTS SENATE GOP SPLIT

The recent Texas Supreme Court decision that forced a woman to continue a pregnancy jeopardizing her health and fertility is shining a fresh light on the GOP’s enduring split over abortion.

Sen. John Cornyn (R-Texas) wouldn’t weigh in on whether the ruling by his state’s highest court, which forced the woman to seek care out of state, represented a fair outcome.

“It’s not my role to say,” Cornyn said. “It’s state law. It’s really not my role.”

He added that the issue “should be decided by the states, and different states are deciding it differently.”

That’s an increasingly common message within the Republican Party, as POLITICO’s been reporting for a while now since the U.S. Supreme Court overturned Roe v. Wade.

But the two Senate Republicans who back abortion rights consistent with Roe — Susan Collins (Maine) and Lisa Murkowski (Alaska) — blasted the Texas decision in interviews.

“I thought it was a terrible decision that this woman who is carrying a fetus that has a fatal abnormality that may affect her future ability to carry a child was forced to leave Texas to get a much needed abortion,” Collins said. “It’s just inconceivable to me.”

Murkowski said she’d only read the headlines on the decision but called it “very troubling.”

Sen. Ted Cruz (R-Texas) referred all questions on the decision to his office, which did not return a request for comment by publication time.

— Anthony Adragna

 

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HUDDLE HOTDISH

Tim Burchett’s 16-minute holiday party was a bipartisan success.

Patrick McHenry is all of us today.

SPOTTED: Jimmy Gomez drinking his *second* four-shot Americano today. He also said he had a cup of coffee in between the Americanos. Why? He was on a red-eye from California and went to New York for the day to be honored. (We are wondering if he should try Panera's Charged Lemonade)

Rob Gronkowski is too tall for the Capitol basement, but not too big time to take a photo with a New England-raised Politico. He met with Schumer Tuesday afternoon.

 

POLITICO AT CES® 2024: We are going ALL On at CES 2024 with a special edition of the POLITICO Digital Future Daily newsletter. The CES-focused newsletter will take you inside the most powerful tech event in the world, featuring revolutionary products that cut across verticals, and insights from industry leaders that are shaping the future of innovation. The newsletter runs from Jan. 9-12 and will focus on the public policy-related aspects of the gathering. Sign up today to receive exclusive coverage of the show.

 
 

QUICK LINKS 

‘A political dust storm in the Central Valley': McCarthy’s succession is getting messy, from Melanie Mason

Meet Ashley, the world's first AI-powered political campaign caller, from Anna Tong and Helen Coster at Reuters

TRANSITIONS 

Former chief of staff to the late Sen. Dianne Feinstein, James Sauls, has joined Cassidy & Associates in their defense practice. He formerly served on the Senate Intelligence Committee. Chad Sydnor has been promoted to lead the defense practice at Cassidy & Associates.

Sujith Cherukumilli is now education and workforce policy adviser for the Senate HELP Committee Democratic staff. He previously was education and labor policy adviser for Rep. Suzanne Bonamici (D-Ore.).

TOMORROW IN CONGRESS

The House is in session.

The Senate is in session.

 

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WEDNESDAY AROUND THE HILL

12 p.m. Rep. Melanie Stansbury (D-N.M.) will host a press conference on the introduction of the Public Health Nursing Act. (House Triangle)

2 p.m. Rep. Ayanna Pressley (D-Mass.) and others will host a press conference to urge lawmakers to affirm and publish the Equal Rights Amendment to the Constitution. (House Triangle)

3 p.m. Speaker Mike Johnson, alongside members of Congress, will hold the Congressional Gold Medal Ceremony in honor of Major League Baseball player, civil rights activist, and World War II veteran Larry Doby. (Statuary Hall)

TRIVIA

MONDAY’S ANSWER: Albert Wolf correctly answered that Joseph Marion Hernández was the first delegate to represent the territory of Florida in Congress and also has the distinction of being the nation's first Hispanic member of Congress.

TODAY’S QUESTION from Albert: According to conventional wisdom, no vice president has ever challenged a sitting President for the nomination. However, this is not true. Which veep challenged the sitting president for the nomination of the party, when, and why?

The first person to correctly guess gets a mention in the next edition of Huddle. Send your answers to huddletrivia@politico.com.

GET HUDDLE emailed to your phone each evening.

Follow Daniella on X at @DaniellaMicaela.

 

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