The problems with both of the House GOP’s shutdown prevention plans

Presented by National Association Of Black Law Enforcement Officers: An evening recap of the action on Capitol Hill and preview of the day ahead

Nov 06, 2023 View in browser   By Burgess Everett, Daniella Diaz and Jordain Carney Presented by With assists from POLITICO’s Congress team House Republicans, led by Speaker Mike Johnson, will hash out ideas for funding the government at a private meeting on Tuesday. | J. Scott Applewhite/AP GOP ALREADY TEETERING ON ‘LADDERED’ CR STOPGAP CHASM: Government funding is set to run out in 11 days, and Congress looks like it’s getting further from, not closer to, a solution that could become law. House Republicans will hash things out at a private meeting on Tuesday, but at the moment their two leading options look to be in trouble – both in the Senate and otherwise. The options: Speaker Mike Johnson has floated the idea of a “laddered” continuing resolution, an obscure stopgap spending patch that’s created confusion across the Capitol about his strategy to keep the government open. Separately, Johnson has also told Senate Republicans he’s looking at a stopgap funding bill to Jan. 15. Some news on the ladder… or is it more like a step-stool? During a leadership meeting on Monday, Johnson pitched the idea of keeping four annual spending bills on a track that goes until Dec. 7. Some of those bills could be defense-related, one lawmaker told us. The rest of the government, apart from those four, would be funded with a patch through Jan. 19. A second idea being discussed, GOP lawmakers told us, would fund the government cleanly through January. That could punt supplemental spending priorities such as Ukraine and Israel aid, as well as border policy changes, which are currently a bicameral mess. Not so fast: Senate Democrats are not interested in a continuing resolution that would run for only two months. Though that in theory would give Congress more time to negotiate spending bills, it also could be seen as just another in a series of punts. Sen. Jon Tester (D-Mont.) called the short-term patch a “very bad idea” and “a loser, it’s a waste of taxpayers’ dollars.” “Generally this place functions better under pressure, but we should keep the timeline short and the pressure high,” said Sen. Martin Heinrich (D-N.M.). “If the bar around here is what the House can do on their own, it’s going to be a disaster for the country.” Dems aren’t alone. Sen. John Thune (R-S.D.), the minority whip, said he believed the holidays would put the necessary pressure on Congress to get spending bills passed. Senate Republicans are more deferential to Johnson, so Thune didn’t give the new speaker any advice, but he did concede that “the theory at least here is that if we do another short-term one, that eventually we can get to a full year solution rather than having to keep punting.” Wobbly ladder: Meanwhile, two House Republican appropriators questioned the idea of a laddered stopgap spending patch that would use staggered deadlines for different federal agencies. Before Monday’s Rules Committee hearing, Rep. Steve Womack (R-Ark.) told us that “I don’t have an opinion on [the ladder idea], because I don’t understand it.” When asked to explain the idea, senior appropriator and Rules Chair Tom Cole (R-Okla.) told us, “I really don’t know.” “It’s an interesting concept. What would work better though is we pass bills, go to conference and come to agreements. Seems to me to be the best way to proceed,” Cole added. Ask a farmer: Tester quipped of the laddered spending bill concept: “I buy them all the time. I get on top of my grain bins with ladders.” The endgame: Cole’s advice on a stopgap is simple: “Cleaner is better.” That would require Democratic votes, though, leading Johnson into the exact same thicket that snagged former Speaker Kevin McCarthy. “The House is going to try and do what they can do, and that may require some spending cuts,” Thune said. “My guess is come Nov. 17 we’ll probably end up doing some extension.” Also happening: House Republicans are working to take up two more spending bills this week — Transportation-HUD and Financial Services. The latter bill funds the IRS, Treasury Department, federal courts and other independent agencies. Reminder: The House has passed seven of the 12 spending bills so far. These are the bills that are left and why they’ll be tough to pass, regardless of who’s leading the chamber. It’s not clear when the Senate will take up its next minibus. — Burgess Everett, Daniella Diaz and Jordain Carney, with assist from Caitlin Emma   A message from National Association Of Black Law Enforcement Officers: The Biden administration’s proposed ban on menthol cigarettes would have devastating unintended consequences for communities of color. Criminalizing menthol will fuel an illicit market, increasing the potential for negative law enforcement interactions and significant criminal justice penalties. As advocates for equal justice for Black and other minority communities, we urge the Biden administration to withdraw the proposed menthol ban. Learn more.   GOOD EVENING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Monday, Nov. 6, where we are not jealous of Kylie Carpenter. THAT SENATE GOP BORDER BILL … DID NOT HELP DEAL ODDS Monday delivered some disappointment to Democrats who were waiting for Senate Republicans to offer a middle ground on the border. Ahead of high-stakes talks this fall, and as the GOP insists on border policy changes in exchange for any bicameral deal on foreign aid, Sens. Lindsey Graham (R-S.C.), James Lankford (R-Okla.) and Tom Cotton (R-Ark.) dropped a bill that openly borrowed from House Republicans’ border plan, known colloquially on Capitol Hill as H.R. 2. Uh-oh: Majority Whip and Judiciary Committee Chair Dick Durbin (D-Ill.) promptly told reporters that he won’t take anything from H.R. 2 for the Senate’s upcoming supplemental aid bill. “I can't think of anything in H.R. 2 that would have been included in my package. The fact that they cite that as an indication of merit to that position doesn't hold much water on my side of the aisle,” Durbin said. He also didn’t sound too optimistic about reaching a deal as quickly as might need to happen: “I'd like to see if we can work together. But remember, this is a topic that has been waiting for good bipartisan cooperation for 30 years. So it's not an easy task,” Durbin added. “I think we're all of a mind to believe that something needs to be done, but what it will be … we only have a short time to decide.” A senior Democratic aide shut down the Senate GOP proposal: “This is a purely partisan proposal. Just a regurgitated HR 2. No way this could pass with House or Senate Democrats. It’s still very far away from what Democrats can accept.” The download: Senate Republicans have made clear they won’t support an aid package that includes billions of dollars of aid to Ukraine and Israel without a border policy component. But Democrats will need GOP support to pass anything – and so they’ll need to bend somewhat on the request for border policy. So what’s in the new GOP bill? Graham, Lankford and Cotton’s plan includes House GOP-aligned asylum reform, parole reform and funding for border security that Senate Democrats won’t support. As Burgess noted, this is going to get very tricky very fast. Who to watch: Sen. Kyrsten Sinema (I-Ariz.), who has participated in talks with Senate Republicans on what an eventual border deal could look like. A spokesperson for the senator told us Sinema is working on trying to find a consensus on a border package. House Republicans aren’t budging: The House majority plans to pass its own Ukraine aid package, tying it to tougher border policy that would likely come from H.R. 2. And GOP lawmakers are in no mood to negotiate with Democrats or Senate Republicans on the issue. “The House already has a border security proposal. It's called H.R. 2,” Rep. Chip Roy (R-Texas) said Monday. — Daniella Diaz, with assist from Katherine Tully McManus   GROWING IN THE GOLDEN STATE: POLITICO California is growing, reinforcing our role as the indispensable insider source for reporting on politics, policy and power. From the corridors of power in Sacramento and Los Angeles to the players and innovation hubs in Silicon Valley, we're your go-to for navigating the political landscape across the state. Exclusive scoops, essential daily newsletters, unmatched policy reporting and insights — POLITICO California is your key to unlocking Golden State politics. LEARN MORE.     IT’S GROUNDHOG DAY FOR CENSURES The House punishment clock is ticking again. Reps. Marjorie Taylor Greene (R-Ga.) and Rich McCormick (R-Ga.) on Monday both formally introduced two new resolutions to punish Rep. Rashida Tlaib (D-Mich.) for her outspoken criticism of the Israeli government. Those two introductions restart the clock, giving the chamber two legislative days to consider them. Sound familiar? There's no double jeopardy for congressional censure. Last week the House voted down Greene's previous effort to censure Tlaib. The conservative’s new proposal strips language about “insurrection" and will be considered on its own, separately from the previous attempt. Second time’s often the charm: Recall that it took two attempts for the House GOP to censure Rep. Adam Schiff (D-Calif.) for his leading role in Democratic investigations of former President Donald Trump. The original resolution was rejected over a $16 million fine it would have imposed on Schiff, unless he resigned from Congress. The second version, stripped of that language, made it through the House. Responsive lawmaker to watch: Rep. Becca Balint (D-Vt.). She’d introduced a retaliatory censure of Greene over the Georgian’s past flirtations with antisemitic tropes and comparison of vaccine mandates to the Holocaust. But Balint pulled back after Republicans helped defeat the Tlaib reprimand last week. — Katherine Tully-McManus and Nicholas Wu   A message from National Association Of Black Law Enforcement Officers:   HUDDLE HOTDISH Rep. Nancy Mace (R-S.C.) has hired a new chief of staff named Dr. Lorie Khatod, according to an email blast sent by her new hire on Monday that we obtained. From what we can tell, her previous chief, Dan Hanlon, is staying on for the time being to help with the transition. Throwback Monday: That awkward moment when Kevin McCarthy touted a conversation he'd had with Mace's top aide, shortly after she joined the rebellion to oust him from the speakership. Jordain found the laddered CR, folks. Memes king Rep. Mike Collins (R-Ga.) is out with a promo for his GOP conference vice-chair run. Congrats to Rep. Max Miller (R-Ohio) and his wife on the birth of their baby girl. The House Rules Committee offered prayers and best wishes to ranking member Jim McGovern’s (D-Mass.) daughter Molly, who is going through cancer treatment. “I ask for a blessing on our very good friend and his family at a very difficult time,” Cole said at the start of the meeting.   A message from National Association Of Black Law Enforcement Officers: The National Association of Blacks in Criminal Justice strongly opposes the Biden Administration’s proposed ban on menthol cigarettes. The unintended consequences of the ban, including higher incarceration rates and increased police interactions, will be disproportionately borne by people of color.  Law enforcement resources and justice systems are already at a breaking point and the ban will only add to the strain. As an organization dedicated to improving the administration of criminal justice, we know the menthol bad is simply bad policy. Consumer education and health care are key to reducing smoking rates - not criminalization. We urge you to join us in telling the Biden Administration to stop the menthol ban. Learn more.   QUICK LINKS  Senate GOP campaign arm whacks Meijer for entering Michigan Senate race, from Ally Mutnick House GOP calls for changing rules to boot a speaker — and some who ousted McCarthy may help, from Jordain Carney A (very) brief history of ‘laddered’ stopgap appropriations, from Aidan Quigley and Peter Cohn at Roll Call Protester confronts Fetterman on Gaza stance at McKeesport rally, from Julia Maruca at The Tribune-Review   PLAYBOOK IS GOING GLOBAL! We’re excited to introduce Global Playbook, POLITICO’s premier newsletter that brings you inside the most important conversations at the most influential events in the world. From the buzzy echoes emanating from the snowy peaks at the WEF in Davos to the discussions and personalities at Milken Global in Beverly Hills, to the heart of diplomacy at UNGA in New York City – author Suzanne Lynch brings it all to your fingertips. Experience the elite. Witness the influential. And never miss a global beat. BE PART OF THE CONVERSATION. SUBSCRIBE NOW.     TRANSITIONS  Remmington Belford is now the EPA’s press secretary. He was previously deputy chief of staff to Rep. Emilia Sykes (D-Ohio) and communications director for the Congressional Black Caucus. Renata Miller is joining HHS as a press secretary. She previously was deputy press secretary for Sen. Maggie Hassan (D-N.H.). Melissa Wolfe is now director of digital operations for Rep. Scott Franklin (R-Fla.). She most recently was director of digital operations for Rep. Mike Johnson (R-La.). TOMORROW IN CONGRESS The House is in session. The Senate is in session. TUESDAY AROUND THE HILL *crickets* TRIVIA FRIDAY’S ANSWER: Paul Howard correctly answered that Minnesota’s Rudy Perpich (before Gavin Newsom) was the most recent governor to have appointed both of his state’s then-current senators. He appointed Wendell Anderson in 1976, following the ascension of Walter Mondale to the Vice Presidency, and Muriel Humphrey in 1978, following the death of Hubert Humphrey. TODAY’S QUESTION from Paul: Name a former Cabinet official who (a) was his party’s nominee for president, (b) was an eyewitness to a presidential assassination, and (c) is the namesake of the Governor’s mansion in his home state. 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.   Follow us

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