Presented by

With assists from POLITICO’s Congress team

CONGRESS IS ALREADY SHORT ON SPENDING-DEAL TIME

Six weeks can seem like an eternity for deadline-obsessed lawmakers – but with the Jan. 19 expiration of the first tranche of stopgap government funding looming large on the calendar, we’re already seeing signs of trouble ahead.

If you ask House Republicans, they’re waiting to hear from Senate Democrats on this week’s offer from Speaker Mike Johnson for a framework to fund the government through Oct. 1.

Some GOP lawmakers are buzzing about a possible agreement on funding toplines as soon as this week, after conservatives in the Freedom Caucus signaled they’re willing to accept the budget totals set by this summer’s debt deal – spending levels they had long resisted.

But several top Republican appropriators said on Tuesday that they’re unsure about that early level of agreement, even as staff-level talks between Johnson and Senate Majority Leader Chuck Schumer quietly chug along.

“I just don’t have any idea” when there will be a deal on so-called spending toplines, Rep. David Joyce (R-Ohio) said, adding that, “I do think we need to have some kind of skeletal framework” to head off shutdown deadlines in January and February.

Rep. Chuck Fleischmann (R-Tenn.) said talks have been “positive” and “productive” but made clear that there’s more work to do in getting the fractious GOP conference on board.

Why that’s a bad sign: Without agreement on toplines, lawmakers can’t go any further on writing spending bills. And many Democrats say there’s nothing left to negotiate on funding, insisting on the numbers set by the debt deal and nothing less.

Those levels, after all, are likely the best Democrats can get for non-defense programs, given the GOP-controlled House.

Even so, no matter how you slice it, non-defense funding is likely to suffer as part of any agreement that might get reached. And if Congress resorts to a stopgap spending measure until Oct. 1, those non-defense programs – think health care, education, and more – could get hit extra hard.

Here’s where things get extra-wonky, so bear with us.

The complicated math: Lawmakers themselves have admitted that they get tripped up by the debt deal agreed to earlier this year, which sliced non-defense funding down to $704 billion for this fiscal year – not including a handshake agreement loathed by conservatives that was intended to add tens of billions of extra dollars to soften the blow for Democrats.

The debt deal also set up two separate scenarios for future funding cuts if Congress can’t come to an agreement.

The first scenario: The government will not be funded for the full year on Jan. 1, triggering a change meant to nudge lawmakers into doing their jobs.

What happens? The funding ceiling for domestic programs will reset to $736 billion, or last year’s level with a 1 percent cut (about $41 billion). That cap will be enforced on April 30 if any part of the government is operating under a temporary funding measure.

The second scenario: If Congress resorts to another stopgap that extends current funding through the rest of the fiscal year – as Johnson has threatened to do if a deal isn’t reached – non-defense funding will dip even lower, to $704 billion.

That would mean a massive $73 billion cut from current funding levels … if lawmakers don’t follow through with the handshake agreement we mentioned earlier.

And when Freedom Caucus members agreed to those higher toplines, they made clear that they also want the handshake agreement revisited. So things could get dicey fast, despite the positive signals getting sent this week.

More bad spending news: The Senate’s national security supplemental bill text debuted this afternoon – including everything President Joe Biden asked for, and more, including $1 billion for the FEMA grant program that gives money to places of worship for security measures.

But without an elusive breakthrough in border security talks, the $110.5 billion funding package is likely to fall to a filibuster tomorrow.

— Caitlin Emma, with an assist from Jennifer Scholtes

GOOD EVENING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Tuesday, Dec. 5 where for the love of God we are asking for warmer temperatures within the Capitol.

TUBERVILLE’S LESSON LEARNED

Sen. Tommy Tuberville (R-Ala.) tried to change a Biden administration policy alone. He learned the hard way that it wasn’t as easy as it seemed.

After Republican colleagues began to make clear they’d run out of patience with his one-man blockade of military promotions, Tuberville conceded and dropped his holds – having done nothing to change the Pentagon’s policy of letting service members travel for abortion access. He did, of course, cause plenty of agita for his GOP.

“No one should attempt this in the Senate again,” Schumer said on the floor this afternoon after confirming a slate of outstanding nominations en masse. Schumer added that Tuberville has “nothing to show” for his 10 months of efforts.

It became clear this week that he wasn’t going to effect a change to administration policy on abortion. Many of his Republican colleagues were preparing to join Democrats on a maneuver crafted to circumvent his holds.

But right up until the end, Tuberville insisted that fellow Republicans wouldn’t change Senate rules to go around him (what he never acknowledged: the solution to his holds was written to avoid qualifying as a rules change).

What did he, and we learn from all this? A handful of conservative allies gave him some degree of support — like Sen. Mike Lee (R-Utah), who lauded Tuberville as a hero — but the Alabamian remained a solo act in objecting to individual promotions.

And despite the national attention garnered by the Senate’s past one-man hold-up efforts (think Sens. Rand Paul and Bernie Sanders), those stands happened live on the floor. Tuberville’s behind-closed-doors version ended up fizzling.

“He didn’t get anything,” Sen. Tina Smith (D-Minn.) said in an interview. “I hope that anybody who would ever think about trying this tactic again would look at this experience, and say that it was not worth it.”

— Daniella Diaz, Ursula Perano and Anthony Adragna

SENATE LEADERS STILL NOT TOUCHING MENENDEZ

Senate leaders in both parties are still holding off on any firm recommendations regarding embattled Sen. Bob Menendez (D-N.J.), recently indicted on multiple corruption-related offenses. Menendez is back to front of mind for some lawmakers, including Democratic colleague John Fetterman (Pa.), after the GOP expelled former Rep. George Santos (R-N.Y.) last week.

“The Senate has standards as to proper behavior, and Senator Menendez’s behavior has fallen way below that,” Majority Leader Chuck Schumer said Tuesday, deferring to Menendez on whether to attend that day’s classified briefing on Ukraine and Israel.

Minority Leader Mitch McConnell simply said that the matter is one for Senate Democrats to address. “I’m glad he’s not a Republican,” McConnell said.

— Anthony Adragna

WHAT HAPPENED WITH THAT ANTISEMITISM RESOLUTION

The House on Tuesday passed a measure condemning the rise of antisemitism, 311-14, with 92 Democrats voting present. The ride there wasn’t exactly smooth.

The GOP-led measure appeared tailor-made to exploit tensions among House Democrats – since it included language equating anti-Zionism and antisemitism, a jab at progressives who are critical of the conservative Israeli government.

And indeed, a group of Jewish Democrats and progressives objected to that equivalency. Led by Reps. Jerry Nadler (D-N.Y.), Dan Goldman (D-N.Y.) and Jamie Raskin (D-Md.), they urged colleagues to vote “present” in protest of the attempt to drive a wedge within the caucus.

“This is another case of the majority using the real fears of many Jewish Americans to sow political divisions,” said Rep. Becca Balint (D-Vt.), who voted “present.”

— Nicholas Wu

VP HARRIS’ GIFT SPARKS SCHUMER-SINEMA TENSION

Senate Majority Leader Chuck Schumer gifted Vice President Kamala Harris a commemorative gavel Tuesday after she set a new record for tie-breaking votes in the chamber. Schumer called it a “great day” — but not everyone agrees.

“This is not something to brag about,” POLITICO overheard Sen. Kyrsten Sinema (I-Ariz.) say in a hallway this afternoon as she referenced an email from Schumer on the new record. “This is horrible.”

Sinema is an adamant proponent of bipartisanship in the Senate and of protecting the filibuster. Her spokesperson confirmed that the senator relayed her thoughts to Schumer. Schumer’s office did not return a request for comment.

— Ursula Perano

Patrick McHenry announced he’s retiring. We are going to miss seeing his daughter scootering around the Hill.

The press conference today that wasn’t.

QUICK LINKS

Johnson floats floor showdown as GOP divides over spy powers, from Jordain Carney and Olivia Beavers

Liz Cheney says she’s considering a third-party presidential bid, from Andrew Howard

Kamala Harris breaks record for most tie-breaking votes cast in the Senate, from Anthony Adragna and Eugene Daniels

Rep. Nancy Mace has lost three senior staff members in past week, from Reese Gorman at The Washington Examiner

TRANSITIONS

Stephen Coffey is now a director at SMI. He previously was deputy chief of staff for Rep. Matt Cartwright (D-Pa.).

Zach Barnett is now communications director for Sen. Roger Wicker (R-Miss.) and the Senate Armed Services Committee. He previously led comms for Rep. Garret Graves (R-La.).

Alyssa Erdel is joining the House GOP Conference as member services director for Chair Elise Stefanik (R-N.Y.). She previously was member services director for House Appropriations Chair Kay Granger (R-Texas).

TOMORROW IN CONGRESS

The House is in session.

The Senate is in session.

WEDNESDAY AROUND THE HILL

9:30 a.m. Rep. Lisa McClain and others will have a press conference on the EPA rule mandating EV production. (HVC Studio A)

1:30 p.m. Rep. Ayanna Pressley, Sen. Peter Welch and others will unveil a bill that would guarantee the right to vote for incarcerated citizens. (House Triangle)

MONDAY’S ANSWER: Marcel Marcotte correctly answered that 21 presidents have served more than one term.

TODAY’S QUESTION from ex- Huddle host KTM: This lawmaker, first elected in 1955 at age 29, started out as the youngest member in that Congress. He served so long he eventually became the oldest member, the “dean” of the House. Who are they?

The first person to correctly guess gets a mention in the next edition of Huddle. Send your answers to [email protected].

GET HUDDLE emailed to your phone each evening.

Follow Daniella on X at @DaniellaMicaela.