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Fitzpatrick declines to turn off ACA discharge petition as amendment talks drag on

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Vulnerable Republican Rep. Brian Fitzpatrick told Speaker Mike Johnson on the House floor Tuesday he would not withdraw his discharge petition that would force a floor vote on extending expiring Affordable Care Act subsidies — amid Johnson’s attempt to find a potential agreement to allow a vote on an amendment instead that would be similar in substance.

The standoff, described by three people granted anonymity to divulge private conversations, shows the pressure GOP leadership is under to defuse a politically challenging dynamic around the future of the enhanced Obamacare subsidies that have divided Johnson’s conference.

At the same time, the speaker’s allies argue it shows that the GOP moderates themselves are still refusing to reach a deal ahead of a Wednesday vote on a health care bill Republicans want to pass to show they are serious about preventing a looming spike in insurance premiums.

Fitzpatrick and Rep. Jen Kiggans (R-Va.), in private conversations with Johnson and other Republicans, have both so far declined to turn off their respective discharge petitions in the absence of an agreement they can vote on this week alongside the GOP health care bill.

Johnson in recent days told GOP moderates who want a vote on an ACA subsidies extension he would agree to such a vote if they in turn agreed to turn off their various discharge petitions and make sure the amendment was paid for with a satisfactory offset. Johnson also wanted to use Fitzpatrick’s two-year ACA extension bill as the base for a compromise amendment, according to two people with direct knowledge of the matter. But those talks never produced a deal.

The speaker told reporters after talking to Fitzpatrick Tuesday afternoon that they’re still “working” on various ACA amendment options. But, he said, “I thought there was an agreement on the Fitzpatrick amendment and then they made different decisions.”

The speaker added later he thought “there’s a real possibility they get a vote on it” and noted he “certainly tried my best to provide for that.”

Fitzpatrick and Rep. Mike Lawler (R-N.Y.) huddled with Johnson on the floor Tuesday evening, along with Kiggans and a larger group of moderates and Johnson’s top floor and policy staff, but the group still disbanded without an agreement, according to two people involved in the conversation.

The House Rules Committee, meanwhile, is meeting to pave the way for floor consideration of the narrow health package endorsed by House Republican leaders, as centrists have submitted more than five proposed amendments to either extend the subsidies or provide new tax deductions for health insurance premiums.

If no ACA extension amendment makes it to the floor Wednesday, there are several House Republicans who are considering signing onto Minority Leader Hakeem Jeffries three-year clean extension of the ACA subsidies he is also pushing through a discharge petition, according to three people granted anonymity to share their direct knowledge of the matter.

Fitzpatrick and his bipartisan Problem Solvers Caucus will also meet with a bipartisan group of rank and file senators Wednesday to discuss a possible framework they could agree on for a health care deal.

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Congress

House GOP pushes major permitting bill through key vote

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House Republicans succeeded Tuesday in advancing a bipartisan bill aimed at speeding up the federal permitting process, fending off a late challenge from hard-liners who wanted more power to kill offshore wind projects.

The House adopted the rule governing floor debate on several bills in a 215-209 vote. Among those bills that will now be considered on the chamber floor later this week is the so-called SPEED Act, which would overhaul the National Environmental Policy Act to remove regulatory roadblocks around building and completing energy projects.

But in order to secure the support of holdouts — led by GOP Reps. Andy Harris of Maryland and Jeff Van Drew of New Jersey — Republican leaders will have to alter a provision of the bipartisan legislation in the Rules Committee to ensure the Trump administration can continue to block offshore wind developments in these two states specifically.

This adjustment will be made as part of a separate rule paving the way for floor consideration of a health care package the Rules Committee is debating Tuesday afternoon and that the full House is expected to vote on Wednesday.

A floor vote on the SPEED Act, with the new change, is still on track for Thursday. Van Drew said it would include “really important language so we can go back and show these wind projects were rushed through and that the permitting wasn’t proper.”

Natural Resources Chair Bruce Westerman had included the original provision in the SPEED Act during the panel markup that would make it harder for presidents to cancel permits for any energy project. It was added to address concerns from Democrats that President Donald Trump was prepared to attack wind and solar projects — and assuage anxieties across all energy industries that their project approvals could get arbitrarily yanked depending on the party in power.

But Harris, Van Drew and others argued the provision would undermine Trump’s anti-offshore wind agenda, with which the two Republicans align.

Alongside Van Drew and Harris, the rule initially had GOP defections from Reps. Scott Perry of Pennsylvania, Chris Smith of New Jersey, Tim Burchett of Tennessee and Anna Paulina Luna of Florida. Leaders were able to flip all the “no” votes with the exceptions of Luna and Smith.

Other Republicans, including Reps. Chip Roy of Texas, Kat Cammack of Florida, Andrew Clyde of Georgia and Andy Biggs of Arizona initially withheld their votes.

Most of these members were seen huddling in long conversations on the House floor with Speaker Mike Johnson, Majority Leader Steve Scalise and Majority Whip Tom Emmer.

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Congress

Mike Johnson confronted by GOP moderates over Obamacare subsidies

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A group of vulnerable House Republicans confronted Speaker Mike Johnson inside a closed-door meeting Wednesday about expiring Obamacare health insurance subsidies — and Johnson’s refusal to allow a vote on extending them.

Rep. Mike Lawler (R-N.Y.) could be heard yelling outside the room where the centrist Republican Governance Group was meeting with Johnson in attendance, sounding off about GOP leaders’ opposition to a vote this week and mocking the assurance from some that Republicans could work on a party-line health care bill next year.

Lawler — who earlier in the day publicly accused GOP leaders of “political malpractice” — shot back that Republicans would “never” get a second reconciliation bill passed, despite the wishful thinking.

A stern Rep. Jen Kiggans (R-Va.) also pressed Johnson, according to three people in the room granted anonymity to describe the private meeting, asking why he and other leaders didn’t act sooner on the expiring subsides and health care generally.

The venting session was a remarkable climax to a monthslong debate within the GOP over how to address spiking insurance premiums for millions of Americans starting next year. In the view of many GOP moderates, the Obamacare subsidies are poised to lapse without any comprehensive plan over how to manage the inevitable political fallout ahead of the 2026 midterms.

The moderates are nonetheless making some last-minute moves to try to force the issue.

Rep. Brian Fitzpatrick (R-Pa.) submitted an amendment Tuesday to a narrow GOP health package set to hit the House floor this week that would extend the expiring tax credits for two years with anti-fraud and income eligibility restrictions. Kiggans is also expected to file an amendment that would extend the subsidies while cracking down on fraud, and there are efforts to craft a third amendment that Johnson told reporters might be amendable to a wider group of Republicans.

As Johnson left the meeting with the moderates, he brushed off the intraparty barbs, saying they were “trying to solve the equation” for everyone and the group had some ideas worth considering.

House Democrats are championing an alternative — a straight three-year extension of the expiring subsidies — and are urging a handful of Republicans to join a discharge petition that would force a floor vote on it.

The GOP moderates have previously rejected the Democrats’ proposal, arguing the subsidies need new guardrails. But Lawler said Tuesday morning, “All options are on the table,” while Fitzpatrick said after the Tuesday meeting, “Ask me after today.”

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Congress

House permitting vote at risk over offshore wind backlash

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An intraparty war over the House GOP’s flagship legislation to speed up the federal permitting process for energy projects is threatening to freeze the chamber’s floor before lawmakers leave for the holidays.

Reps. Andy Harris (R-Md.) and Jeff Van Drew (R-N.J.) said in interviews they plan to vote against the procedural measure setting up debate on the bipartisan SPEED Act and believe they have enough allied Republicans to kill it. The two lawmakers are among those arguing that language in the bill making it harder for presidents to cancel permits would undermine Donald Trump’s assault on offshore wind.

Despite the threat, GOP leaders are moving forward with the rule vote as they track a handful of Republican holdouts, according to four people granted anonymity to describe internal deliberations.

Speaker Mike Johnson’s leadership circle privately acknowledges that success on the procedural vote will likely depend on attendance and a final push to convince Republicans to support the measure.

Republicans cannot afford even modest defections given their razor-thin majority, since the minority party rarely votes with the majority on rule votes.

“We’ll see — it always depends on attendance.” Natural Resources Committee Chair Bruce Westerman (R-Ark.), the architect of the SPEED Act, said in a Tuesday interview. “I still have faith we can get somewhere because this is so important to the country in so many ways. I am not going to give up on it.”

Majority Leader Steve Scalise said Tuesday he’s “talked to those members” threatening to oppose the rule and told them “this is just the first step” to enact permitting reform as House and Senate leaders negotiate a broader package.

GOP leaders have already made some concessions to hard-liners, with the House Rules Committee agreeing Monday to allow votes on amendments they demanded — including one stripping the contentious offshore wind language from the bill.

Westerman said Tuesday he would plan to oppose that amendment if the rule is adopted and the bill moves to the floor.

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