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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

Mike Johnson says House can end government shutdown ‘by Tuesday’

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House Speaker Mike Johnson said he is confident Congress can end the partial government shutdown “by Tuesday” despite steep opposition from Democrats and turmoil within the GOP conference.

Johnson is under pressure to unite his caucus, with lawmakers raising concerns about funding for the Department of Homeland Security as the Trump administration faces scrutiny over its nationwide immigration crackdown that has at times turned violent.

House Republicans are hoping to take up the $1.2 trillion funding package passed by the Senate on Tuesday following a House Rules Committee meeting Monday. The partial shutdown began early Saturday.

GOP leadership in the House originally hoped to pass the bill under suspension of the rules, an expedited process that requires a two-thirds-majority vote, but Minority Leader Hakeem Jeffries told Johnson on Saturday that Democrats would not help Republicans acquire the necessary support for the spending bill.

“I’m confident that we’ll do it at least by Tuesday,” Johnson said in a Sunday interview on NBC’s “Meet the Press.” “We have a logistical challenge of getting everyone in town, and because of the conversation I had with Hakeem Jeffries, I know that we’ve got to pass a rule and probably do this mostly on our own. I think that’s very unfortunate.”

The Senate voted Friday to pass a compromise spending package after Senate Democrats struck a deal with President Donald Trump to extend DHS funding for two weeks. The move bought Congress more time to work out a compromise on reforms for Immigration and Customs Enforcement after federal officers fatally shot two people in Minnesota earlier this month.

Speaking to host Kristen Welker on “Meet the Press,” Johnson acknowledged that “there’s been tragedies in Minnesota” — but he also blamed Democrats in the state for “inciting violence,” even as the Trump administration attempts to tamp down pressures in the state.

Johnson praised Trump’s decision to send White House border czar Tom Homan to Minneapolis, a step widely seen as a deescalation from the aggressive tactics favored by Border Patrol commander Gregory Bovino.

“[Trump] was right to deputize him over that situation,” he said of Homan on NBC. “He has 40 years of experience in Border Patrol and these issues. So I think that this is going to happen, but we need good faith on both sides. Some of these conditions and requests that they’ve made are obviously reasonable and should happen. But others are going to require a lot more negotiation.”

Johnson pushed back in particular on Democratic calls to bar federal immigration enforcement officers from wearing masks and require them to wear identification, telling Fox’s Shannon Bream: “Those two things are conditions that would create further danger.”

He also signaled an unwillingness to negotiate on Democratic demands to tighten requirements for judicial warrants for immigration operations.

Still, House Democrats remained opposed to passing the funding package as is, with Rep. Ro Khanna (D-Calif.) saying Sunday: “I’m not just a no. I’m a firm no.”

“I just don’t see how in good conscience Democrats can vote for continuing ICE funding when they’re killing American citizens, when there’s no provision to repeal the tripling of the budget,” Khanna said in a Sunday interview with Welker on NBC. “I hope my colleagues will say no.”

Jeffries also signaled Sunday that a wide gap remains between his conference and House Republicans, telling ABC’s George Stephanopoulos that the House must reach an agreement on judicial warrants “as a condition of moving forward.”

“The one thing that we’ve said publicly is that we need a robust path toward dramatic reform,” Jeffries said on ABC’s “This Week.” “The administration can’t just talk the talk, they need to walk the walk. That should begin today. Not in two weeks, today.”

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Congress

Shutdown likely to continue at least into Tuesday

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The partial government shutdown that began early Saturday morning is on track to continue at least into Tuesday, which is the earliest the House is now expected to vote on a $1.2 trillion funding package due to opposition from Democrats and internal GOP strife.

House Republican leaders have scheduled a Monday meeting of the House Rules Committee to prepare the massive Senate-passed spending bill for the floor. According to two people granted anonymity to discuss internal deliberations, the procedural measure teeing up a final vote would not happen until Tuesday, with final passage following if that is successful.

That’s one day later than GOP leaders had hoped. Their previous plan was to pass the bill with Democratic help under suspension of the rules, a fast-track process requiring a two-thirds-majority vote.

But that plan was complicated by Minority Leader Hakeem Jeffries telling Speaker Mike Johnson in a private conversation Saturday that Democratic leadership would not help Johnson secure the 70 or so Democratic votes to get the measure over the line, according to the two people and another person granted anonymity to discuss the matter.

The Tuesday plan remains tentative as GOP leaders scramble to navigate tensions inside their own conference, which could make passing the procedural measure difficult. Some conservative hard-liners, for instance, want to attach a sweeping elections bill to the package.

Jeffries said in a MS NOW interview Saturday that Republicans “cannot simply move forward with legislation taking a my way or the highway approach” while noting that House Democrats are set to have “a discussion about the appropriate way forward” in a Sunday evening caucus call — first reported by Blue Light News.

He did not rule out that Democrats might support the Senate-passed spending package, which funds the majority of federal agencies through Sept. 30 while providing a two-week extension for the Department of Homeland Security — including controversial immigration enforcement agencies.

Democrats, Jeffries said, want “a robust, ironclad path to bringing about the type of change that the American people are demanding” in immigration enforcement.

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Congress

Here’s what federal programs are headed for a (possibly brief) shutdown

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Government funding is set to lapse at midnight Friday for the military and many domestic programs, but cash will continue to flow at a slew of federal agencies Congress already funded.

House leaders are aiming to send a funding package to President Donald Trump Monday, days after the Senate passed the legislation just before the deadline to avert a partial shutdown.

The effect on most federal programs is expected to be minor, and employees who are furloughed would miss just one day of work if the House acts on schedule — which is not assured.

This time, many of the services that have the greatest public impact when shuttered — like farm loans, SNAP food assistance to low-income households and upkeep at national parks — will continue. That’s because Congress already funded some agencies in November and earlier this month, including the departments of Energy, Commerce, Justice, Agriculture, Interior and Veterans Affairs, as well as military construction projects, the EPA, congressional operations, the FDA and federal science programs.

Still, the spending package congressional leaders are trying to clear for Trump’s signature next week contains the vast majority of the funding Congress approves each year to run federal programs, including $839 billion for the military.

Besides the Pentagon, funding will lapse for several major nondefense agencies beginning early Saturday morning.

That includes federal transportation, labor, housing, education and health programs, along with the IRS, independent trade agencies and foreign aid. The departments of Homeland Security, State and Treasury will also be hit by the shutdown.

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