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How Senate Republicans won the last vote to end the shutdown

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Tim Kaine privately laid out weeks ago what he needed in return for his vote to end the government shutdown: a “moratorium on mischief.”

That’s what the Virginia Democrat told Senate Majority Leader John Thune that any deal had to include — undoing the firings President Donald Trump and budget director Russ Vought had carried out since the start of the shutdown, as well as protections against future firings of federal workers, who make up a significant portion of Kaine’s constituency.

It was a demand that Kaine wasn’t sure the White House and Trump would agree to fully meet until the final hours before the nail-biter vote Sunday that cemented a bipartisan breakthrough.

“There was a lot of resistance but they needed my vote,” Kaine said about the GOP reaction to his demands, adding that negotiators “reached a meeting of the minds” at about 5:45 p.m. Sunday.

About five hours later, the Senate voted to move forward with legislation ensuring any federal workers laid off during the shutdown are rehired and blocking future reductions in force, or RIFs, through at least the end of a new Jan. 30 stopgap spending bill.

Most of the attention to the six weeks of shutdown negotiation centered on Democrats’ demands surrounding health care, particularly the extension of key expiring health insurance subsidies. But the RIF language was the final piece that helped clinch the deal, according to interviews with six people involved in the bipartisan negotiations.

With only eight members of the Democratic caucus voting to advance the bill — the bare minimum for it to move forward — satisfying Kaine was critical to ending the conflict largely on the GOP’s terms while also giving Democrats, who have long worried about Trump taking a sledgehammer to the federal government, something to hold up as a consolation prize.

Kaine was, by his own admission, a latecomer to the bipartisan talks, only joining late last week. Sens. Jeanne Shaheen (D-N.H.) and Angus King (I-Maine) began talking with Republicans the first night of the shutdown, by Shaheen’s account. The core group of negotiators included Sens. Maggie Hassan (D-N.H.), Susan Collins (R-Maine) and Katie Britt (R-Ala.), among others.

Shaheen, asked about the RIF language, said that it was “something the White House put on the table weeks ago as something they were willing to take a look at.” Britt also said in an interview the idea was in the mix as she, Collins, Shaheen and others discussed possible paths to reopen the government.

But while senators spent weeks quietly circling around the same rough framework, they weren’t able to secure a breakthrough.

Things began to shift late last week, as Democrats’ elation over their big Election Day wins began to wear off and the reality of a record-setting shutdown — including unpaid federal workers, worsening air travel delays and missing food aid — began to set in.

Kaine gave a proposal Friday to Thune’s team and Collins, he recounted in an interview Monday. That sparked around-the-clock negotiations over the RIF language over the weekend, including direct talks starting Sunday morning between Kaine and Britt, an appropriator and key emissary between the various negotiators and the White House.

“I think I got off the phone at 12:30 a.m. [Sunday], I think Susan Collins was up for an hour past that and then at 5 a.m. I started getting text messages about this,” Britt said. “Tim Kaine and I talked a number of times both on the phone and in person.”

While senators were hammering out the RIF language, Collins and other appropriators were working to lock down another piece of the shutdown puzzle: a three-bill funding package that included money for veterans programs, food aid and other agencies, as well as Congress itself. Agreeing to the three bills, Democrats and Republicans believe, was key to helping rebuild enough trust to notch a broader deal to end the shutdown.

Senators and staff “worked night and day, literally,” Collins said Monday night after the bill passed. “It shows the Senate can work, we can produce the results that are needed.”

At the same time, Shaheen, King and Hassan led the effort to privately persuade their fellow members of the Senate Democratic Caucus that the agreement was the best offer they were going to get from Republicans, who hadn’t shifted in six weeks on their refusal to negotiate over the expiring Affordable Care Act subsidies.

In the end, that wasn’t enough to get most members of the Senate Democratic caucus — including Minority Leader Chuck Schumer, who told members involved in the talks about two weeks ago he could not support the deal they were sketching out, according to a person granted anonymity to discuss details of the negotiations.

Schumer continued privately urging them to hold out even as they moved to concede this week, the person added. But the senators had seen enough.

“This was the option on the table,” Shaheen said Monday. She added that some Democratic colleagues who voted against the deal privately told her, “I’m so glad you did that, but I’m not going to vote with you.”

With Thune and Schumer at loggerheads, senators on both sides engaged in on-and-off shuttle diplomacy.

Britt, notably, spoke with Schumer late last month — a conversation aimed, she said, at making sure he was open to allowing the trio of full-year spending bills to move forward. Shaheen, Hassan and King met with Thune, who pledged that he would give them a vote on an ACA extension bill that they would have until mid-December to draft.

“We sat across from him, we looked him eye to eye,” Shaheen said about the talks with Thune.

The trio met repeatedly with each other, as well as a group of roughly a dozen Senate Democrats that eventually included Sen. Dick Durbin of Illinois, the party’s whip and highest-ranking Democrat who backed the effort. Durbin said he also spoke with Thune on Sunday, telling the South Dakota Republican that “I was counting on him to keep his word” on the ACA vote.

“He assured me he would,” Durbin added.

Thune publicly reiterated his commitment to the vote Monday, though he stopped well short of predicting a breakthrough.

“I think there’s some goodwill on this issue,” he told reporters. “We’ll see if something lands.”

On the Republican side of the aisle, Collins kept in close contact with senators as she worked to lock down the appropriations bills and close out a deal that would reopen the government.

Collins had privately pitched a six-point plan for ending the shutdown, and the eventual deal largely aligned with what she set out: enacting the three-bill “minibus,” teeing up another package of full-year bills, guaranteeing back pay for furloughed employees, promising the ACA vote, beefing up security funding for lawmakers and passing a stopgap bill to reopen all agencies.

Trump never engaged directly with Democrats after an unfruitful late-September meeting with the top party leaders. But GOP senators, including Britt, made sure the White House was on the same page as what was being discussed among the lawmakers. Britt identified Vice President JD Vance, White House deputy chief of staff James Blair and director of legislative affairs James Braid as the key officials who helped land the shutdown agreement.

Vance, Britt added, told her “whatever you need, just let me know.”

The open line to the White House came in handy in the final 48 hours, as Britt, Kaine and other senators hashed out the final terms of the RIF agreement.

“Obviously the White House set the framework, and Senator Kaine knew what he needed to achieve,” Britt said, describing her role as “being a conduit … and trying to make sure nothing got lost in translation.”

Katherine Tully-McManus contributed to this report.

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Congress

House Republicans eye next week for housing bill vote

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House leadership is eyeing the week of Feb. 9 for a vote on a bipartisan housing package, according to four people with direct knowledge of the planning.

Senior lawmakers have also been mulling whether to consider the widely supported bill under suspension of House rules, which would expedite passage of the legislation, said three of the people who were granted anonymity to discuss internal deliberations.

However, plans for the bill are not locked in and could be subject to change as the House deals with a partial government shutdown.

The Housing in the 21st Century Act, which overwhelmingly advanced through the House Financial Services Committee in December, is part of a push by Congress to pass legislation that could address a growing housing affordability crisis. The bill includes 25 provisions that aim to increase the housing supply, modernize local development and rural housing programs, expand manufactured and affordable housing, protect borrowers and those utilizing federal housing programs, and enhance oversight of housing providers.

House Financial Services Chair French Hill (R-Ark.) said Friday that he’s pushing for the Housing for the 21st Century Act to receive a floor vote expeditiously.

”I hope that that bill can come to the House floor in just a few days. I really am pushing for that, I think it’s the right decision,” Hill said on Bloomberg Radio.

The Senate’s housing bill, the ROAD to Housing Act, passed the upper chamber as an amendment to the National Defense Authorization Act but may be put to a separate floor vote. If the House is able to pass its own version by a wide margin before the Senate, it could have additional leverage for negotiations with the upper chamber for a final bill. Hill and other House Republicans have said the Senate bill, which received overwhelming bipartisan support in the Senate Banking Committee, has a number of provisions that would not be acceptable among House GOP members.

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Bill and Hillary Clinton now agree to testify before Congress

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Bill and Hillary Clinton have agreed to testify before the House Oversight and Government Reform Committee as part of the panel’s investigation into convicted sex offender Jeffrey Epstein, an Oversight aide said Monday evening.

It’s a remarkable reversal for the former president and secretary of state, who were adamant they would defy committee-issued subpoenas and risk imprisonment by the Trump Justice Department as the House prepared to vote Wednesday to hold them both in contempt of Congress.

After both skipped their scheduled depositions earlier this year, the Oversight Committee voted on a bipartisan basis in January to approve contempt measures for each of them.

Although both have said they had no knowledge of Epstein’s crimes, they have maintained that the subpoenas were not tied to a legitimate legislative purpose, rendering them invalid. They also complained the GOP-led exercise was designed to embarrass and put them in jail.

It is not immediately clear when they will appear and if the House will continue to pursue the contempt votes.

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Top House Democrats split on funding vote

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Senior House Democrats are going in different directions on a massive funding bill headed to the House floor as soon as Tuesday, underscoring the sharp divisions inside the Democratic ranks on the $1.2 trillion spending package.

Rep. Rosa DeLauro of Connecticut, the Democrat on the House Appropriations Committee, said Monday she would vote for the funding package when it goes to the floor Tuesday — breaking with a large swath of colleagues who oppose the measure over its extension of Homeland Security funding, including immigration enforcement operations.

“I will support this package,” DeLauro said during Monday meeting of the Rules Committee. She noted it secures funding for the five-full year, bipartisan bills and extends funding at current levels for DHS for 10 days.

DeLauro said without the DHS stopgap Democrats “won’t be able to bring the kinds of pressure” necessary to make changes to the full-year DHS bill they’re negotiating with the White House.

But Rep. Jim McGovern of Massachusetts, the top Rules Democrat, said he was dead-set against the bill due to the DHS funding.

“I will not vote for business as usual while masked agents break into people’s homes without a judicial warrant, in violation of the Fourth Amendment,” he said.

Neither leader, however, is expected to vote for a key procedural measure setting up a final debate and approval for the massive bill, which passed the Senate on Friday. That measure, known as a rule, is also expected to tee up contempt-of-Congress votes on Bill and Hillary Clinton over their decision not to fully cooperate in a Oversight Committee probe into Jeffrey Epstein. GOP leaders are scrambling to build support for that measure as some in their ranks agitate for amendments, including the attachment of a partisan elections bill.

“Republicans have a responsibility to move the rule, which, by the way, includes a wide variety of other issues that we strongly disagree with,” House Minority Leader Hakeem Jeffries told reporters Monday.

Jennifer Scholtes contributed to this report.

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