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Capitol agenda: Time for a new CR?

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Republicans know the House-passed funding patch is probably no longer viable as the shutdown inches closer to the Nov. 21 expiration date. But they’re split over how much more time they should give themselves to come up with a plan to fund the government for a full fiscal year.

Some fiscal hard-liners, who generally don’t want to vote for a bill that would raise spending levels, are now advocating for a continuing resolution that would run until March or even to the beginning of the next fiscal year, according to three Republicans granted anonymity to discuss private conversations. At the same time, Senate Appropriations Chair Susan Collins (R-Maine) says she is “adamantly opposed” to a long-term CR that could undermine the chances of quickly locking in fiscal 2026 funding.

Senate Majority Leader John Thune, when asked if he would support a CR running until next Oct. 1, said he’s in favor of “doing the appropriations process,” but that Democrats “may not leave any alternatives” if talks continue to flounder.

Sen. Markwayne Mullin (R-Okla.), who the White House has leaned on to help lead bipartisan negotiations among the rank-and-file, also had a dim outlook Monday, saying discussions are “not really happening” anymore and the two sides are at an “impasse.”

If Republicans do decide to pitch a longer-term CR, they have an idea for trying to entice Democrats to come on board: offer to hold a separate vote on extending Affordable Care Act tax credits.

GOP leaders are privately ramping up talks within their senior ranks and with White House officials over what guardrails they could put on the subsidies to make an extension more palatable to conservatives, once the government is reopened. There’s recognition that allowing the subsidies to expire could cause major political headaches heading into an election year — and also that Democrats won’t vote to end the shutdown without some sort of ACA victory.

One option under consideration is advancing a year-end health care policy package that pairs items from a GOP wishlist with a two-year extension of scaled-back ACA subsidies, then attaching that package to a bundle of full-year spending bills.

Muscling something like that through the House would be tricky for Speaker Mike Johnson, who may not be able to convince enough of his members to accept any form of an Obamacare extension.

For now though, conservatives like Rep. Chip Roy (R-Texas) seem optimistic — depending on how quickly ACA credits are phased out and whether the GOP gets policy wins like encouraging the use of tax-free Health Savings Accounts.

“If we have health care reforms on the table that protect and provide greater freedom and independence for patients and doctors, then I’m on board with things that would help build a package,” Roy said.

What else we’re watching:   

— Heading to the White House: President Donald Trump invited Senate Republicans for a lunch Tuesday in the Rose Garden Club to celebrate their unity in the government shutdown fight and for passing nominees.

— Smooth sailing for DCA bill: Senate Commerce Chair Ted Cruz (R-Texas) expects his committee to easily approve aircraft safety legislation Tuesday morning — the first major legislative response to the deadly passenger jet crash near Ronald Reagan Washington National Airport earlier this year. The bipartisan bill would strengthen oversight of flight routes and require military aircraft to be equipped with transponding technology.

Jordain Carney and Meredith Lee Hill contributed to this report.

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Congress

Johnson touts ‘bipartisan’ path for FISA reauthorization, but obstacles remain

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Speaker Mike Johnson is raising the possibility of a “bipartisan” path forward on extending a key spy authority after negotiations among House Republicans blew up late last week.

“We’re confident that we’ll be able to find strong bipartisan consensus that builds off of the really meaningful reforms that we included in the legislation the last time we reauthorized it,” Johnson said during a news conference Tuesday morning.

The emergency short-term reauthorization Congress cleared last week expires April 30, putting pressure on lawmakers to reach a deal quickly.

Among the options GOP leaders are discussing: If the Senate can advance a three-year extension of Section 702 of the Foreign Intelligence Surveillance Act, with policy changes, the House could then pass it with a majority of Republicans and some Democrats, according to three people granted anonymity to share direct knowledge of ongoing conversations.

It’s also possible Johnson could put that measure on the House floor under an expedited procedure that does not require prior adoption of a party-line rule, but would need a two-thirds majority voting in the affirmative to secure passage. House GOP leaders still need to appease hard-liners who have very specific demands for new guardrails on warrentless surveillance practices as part of any reauthorization measure.

House Democratic leaders, meanwhile, aren’t promising cooperation — and they’re skeptical Johnson is as close to a deal as he might suggest.

“His confidence meter was always pretty high, and then he put a bill on the floor that had zero consensus among his caucus, and looked like the disaster that it was after midnight,” House Democratic Caucus Chair Pete Aguilar of California told reporters Tuesday.

He added that he has not had “any discussions” yet with Republican counterparts on next steps for Section 702, and “absent those conversations, it’s going to be hard to find bipartisan consensus.” Aguilar also said that Democrats would follow the leads of House Intelligence Chair Jim Himes of Connecticut and Jamie Raskin of Maryland.

Johnson is planning to meet Reps. Brian Fitzpatrick of Pennsylvania and Darin LaHood of Illinois later Tuesday as the pair of Republicans works with Democrats on a bipartisan FISA extension plan, according to two people granted anonymity to share private scheduling.

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Graham releases blueprint for GOP immigration enforcement funding plan

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Senate Budget Chair Lindsey Graham unveiled a fiscal blueprint Tuesday paving the way for the GOP’s party-line immigration enforcement plan.

The budget resolution is the first step in Republicans’ two-step plan to deliver a bill funding Immigration and Customs Enforcement, Border Patrol and other agencies to President Donald Trump’s desk by his self-imposed June 1 deadline.

Senate Republicans are aiming to adopt the budget resolution this week. Senate Majority Leader John Thune can lose as many as three GOP members so long as Vice President JD Vance is available to break ties.

“Republicans are doing something that must be done quickly, and that our Democrat colleagues are trying to prevent us from doing. That something is simple: fully fund Border Patrol and ICE at a time of great threat to the United States,” Graham (R-S.C.) said in a statement.

The budget resolution tasks the Senate Judiciary Committee and Senate Homeland Security and Governmental Affairs Committee with drafting the subsequent immigration enforcement bill.

The resolution gives the committees until May 15 to hand over text. It sets a ceiling of $70 billion for the Judiciary Committee’s portion and $70 billion for the Homeland Security panel’s portion. While the language would allow for a larger bill, a Graham aide said Tuesday that Republicans are aiming to keep the measure to about $70 billion.

Senate Republicans are expected to take an initial vote on the budget resolution as soon as Tuesday afternoon. After that they’ll need to complete a marathon session known as a vote-a-rama before they can approve the fiscal blueprint and send it to the House.

Democrats are expected to force several amendments related to cost-of-living concerns. Senate conservatives could also try to expand the scope of the bill, though GOP leaders hope to avoid making any changes to Graham’s text.

House Republicans could take their own vote next week. They are also waiting to grant approval of a Senate-passed deal to fund the rest of the Department of Homeland Security. Speaker Mike Johnson has delayed action on the measure amid hard-right demands that the Senate move on the immigration enforcement funding bill first.

Some House conservatives want the Senate to complete the entire reconciliation process, which allows ICE funding to bypass a Democratic filibuster, before they take up the larger DHS deal. That could drag the agency’s shutdown deep into May.

Senate Republicans are aiming to put the final immigration enforcement bill on the floor the week of May 11.

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‘Many families are struggling’

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Rep. Lisa McClain of Michigan offered a rare acknowledgment from a GOP leader Tuesday that the U.S. economy might not be in tip-top condition. McClain, the Republican Conference chair, said at a news conference that “even with bigger [tax] refunds, many families are struggling right now, and I get it.”

That’s a departure from the message President Donald Trump sent at a event in Las Vegas last week, where he said “everything’s doing really well” and played down the impact of higher energy prices since he ordered military strikes on Iran.

“But we also owe it to the American people to be honest about how we got here, to make sure we don’t ever go back again,” McClain, the No. 4 party leader added, saying Americans are “digging out of a hole” from former President Joe Biden’s administration.

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