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01/17/2018 08:00 AM EDT


By Nolan D. McCaskill (nmccaskill@politico.com or @NolanDMcCaskill)

HOUSE GOP APPEARS TO UNITE (ENOUGH) TO AVERT SHUTDOWN - A number of rank-and-file House Republicans endorsed a plan Speaker Paul Ryan (R-Wis.) presented to members at a conference meeting Tuesday to fund the government through Feb. 16, setting aside personal frustrations with yet another short-term patch. The bill includes a six-year extension of the Children's Health Insurance Program and delays several Obamacare taxes. That, coupled with the possibility that Democrats could unanimously oppose a spending bill without an agreement to protect Dreamers, "appeared to have won over key GOP skeptics," Rachael, Sarah Ferris and Jennifer Scholtes report.

"House GOP leaders will whip the bill Wednesday before a possible Thursday vote," they report. "If the funding measure passes the House, senior Republican sources in both chambers expect the measure to clear the Senate." But House Freedom Caucus Chairman Mark Meadows (R-N.C.) has expressed reservations about the bill, warning that the tax-delay "gimmick" won't help leaders find 218 GOP votes. The Freedom Caucus hasn't taken a position on the bill, but Meadows said, "Based on the number of 'no' and undecided votes, there is not enough votes for a Republican-only bill." Much more: http://go.politicoemail.com/?qs=72b774647275481eac2183b1f013141a4bd6c00402933509cf23a4bb1966c000a0ec354e28c24774b5a1fb4bcd19e825

President Donald Trump has already blamed Democrats for a shutdown, should one occur. But Republicans and Democrats on the Hill disagree. Republicans, after all, control both chambers of Congress and the White House - and Democrats' pursuit of protections for Dreamers is viewed favorably by bipartisan majorities. "That leaves Democrats with a significant strategic advantage, knowing that Republicans need their votes to keep the government open and would have trouble laying blame for a shutdown in their laps," Kyle and Elana report this morning. "But even though they're privately confident they have the upper hand, Democrats don't know for sure how it would play." More:
http://go.politicoemail.com/?qs=72b774647275481ebb2955ae775fd13147f495aad677186a953490f2f4b5016076d32a238d46938e62ea779efec3e60a

DEMS FACE DIFFICULT DECISION ON DACA - White House chief of staff John Kelly and legislative affairs director Marc Short are expected to meet with the Congressional Hispanic Caucus this morning as Democrats face a critical decision over whether to shut down the government to shield some 700,000 undocumented immigrants from deportation. With government funding running dry Friday, Short has already acknowledged that reaching a Dreamer deal this week would be "fairly herculean." Some Democrats "have said privately they think the talks are an effort by Republicans to stall on immigration to secure Democratic votes to keep the government open," Heather, Rachael and Seung Min report. More:
http://go.politicoemail.com/?qs=72b774647275481ece47f270e53e9211aa22226b886a066b008b39a88f1e5b468e4bbc6e58d558997222fad4fc681e40

Democrats face a difficult choice in both chambers. They could "withhold their votes unless the plight of such immigrants ... is addressed and risk a government shutdown, or vote to keep the government open and fund [CHIP], which provides coverage for nearly nine million children," Thomas Kaplan and Robert Pear report for The New York Times. And in the Senate, particularly, there are factions of Democrats up for reelection in states Trump won in 2016 who are disinclined to shut down the government over immigration and potential 2020 candidates who are likely to oppose a spending bill without a solution for Dreamers. More: http://go.politicoemail.com/?qs=72b774647275481eee52479c21cd3bf373b2dcf44dfca0436765693443f89fbe31de552071d0ffc8a5672670793360bf

Related: A summary of the Senate's bipartisan immigration deal being rolled out today, via Seung Min: http://go.politicoemail.com/?qs=72b774647275481efaad72a6b78a2f2bfb4de5977c4b86308d1593176abf083984929623aaae9c1cb0bee22375cfb804

HOUSE PANEL TO HEAR EARMARK DEBATE - The earmark debate continues today as lawmakers stare down their fourth shutdown battle in as many months. "[M]embers will line up before the House Rules Committee to talk about why they might want to again allow the practice of earmarking pet projects in home districts and states," Sarah and Jennifer report this morning. "It's doubtful that would happen this year, and no promises are being made, but the idea has gained speed among the frustrated lawmakers who control spending." Much more: http://go.politicoemail.com/?qs=72b774647275481ebc3993465d4286fa02b50e299755720a0fef4e5f03dbe67d2dd6b5706cbc3ee143a0fb178a9bd2ee

Trump ran on a pledge to "drain the swamp" but recently endorsed pork-barrel spending. "Despite the fears of a return to the bad old days," Mike DeBonis and Elise Viebeck write for The Washington Post, "many lawmakers are urging a reassessment of the positive work under the previous earmarking regime." The practice was axed in the House seven years ago following a series of scandals. More: http://go.politicoemail.com/?qs=72b774647275481e5df09ac8fdb48954938fe8b7cff46369cdd7a28e865c54a5867714d0b5d7e1dea13238952d60f359

HAPPY WEDNESDAY! Thanks for reading Huddle, the play-by-play guide to all things Capitol Hill, on this Jan. 17.

TUESDAY'S MOST CLICKED: The Washington Post's report on House Majority Leader Kevin McCarthy (R-Calif.) as the president's fixer, friend and candy man was the winner.

SENATE NEARS FINAL VOTE ON FOREIGN SURVEILLANCE BILL - The Senate could vote today or tomorrow to extend powerful spying tools authorized under Section 702 of the Foreign Intelligence Surveillance Act after moving to limit debate Tuesday in a 60-38 vote. "The House passed the bill last week, putting it on a path to potentially hit the president's desk by the end of the week, when the FISA powers expire," Martin Matishak reports. "The White House has said it will sign the bill. But the proceedings were not without considerable drama."

Senate Minority Leader Chuck Schumer (D-N.Y.) said he would oppose the bill over his Republican counterpart's parliamentary moves to limit debate and amendments. A bipartisan group of civil liberty-minded lawmakers also threatened to filibuster to force a vote on an alternative bill. The vote stalled at 58-38 before Sens. Claire McCaskill (D-Mo.) and John Kennedy (R-La.) ultimately opted to vote for it, clearing the filibuster-proof 60-vote threshold. More: http://go.politicoemail.com/?qs=d4f56c6eab2fc7ab1e5e0c10b3368608e828dcd3aaae779920ab6dbf4873135ba826bf0aa8c40ba3f3b2300d05f55521

VIDEO DU JOUR: Sen. Orrin Hatch (R-Utah) on Tuesday was all of us who wear glasses. The retiring Senate Finance Committee chairman was captured on video removing glasses that, well, weren't actually there. Hatch's office later joked that the senator was wearing "invisible glasses." "They're new, you've probably never heard of them," his office tweeted. Watch the clip here: http://go.politicoemail.com/?qs=d4f56c6eab2fc7ab4184089532da8c0f88a3d5ca29c39cd4e254e0de3676a9ac371dbcf6b05bab58633d9ab6bdfe20f5

CAN YOU HEAR ME NOW? - Homeland Security Secretary Kirstjen Nielsen told the Senate Judiciary Committee on Tuesday that she didn't hear Trump refer to Haiti and African nations as "shithole countries" in an immigration meeting she attended last week. But media reports suggest the president may have said "shithouse," a slight distinction that gives cover to the Republicans who have been adamant that Trump didn't use the other vulgarity. Trump has also denied using the original term, though the White House hasn't offered much of a defense and multiple senators have confirmed Trump used the term. "One Democrat after another pressed Nielsen on Trump's reported comments, and she repeatedly
dodged," Seung Min reports. More: http://go.politicoemail.com/?qs=d4f56c6eab2fc7ab077071683e0f60b6b2a610c7cf31f781ab31bc28b1b591b2e6e7ca45803d9942e3e701ee7e75a495

The "burst of public acrimony across Capitol Hill on Tuesday exposed how much negotiations on immigration and border security have been set back since President Trump's use of a vulgar expression during a meeting on the issue," Ed O'Keefe and Nick Miroff report for The Washington Post. Sen. Cory Booker (D-N.J.) told Nielsen it was "unacceptable" for her not to remember words from the commander in chief. And Senate Minority Whip Dick Durbin (D-Ill.), who also attended last week's White House summit, began his line of questioning by telling the DHS chief: "I hope you remember me. We were at two meetings together." More: http://go.politicoemail.com/?qs=d4f56c6eab2fc7ab4deb5166b9d6245fe478860ed0a4549a860262d796e3793fd4166c3951254f8dc13940d7b71bea3b

For your radar: Nielsen is expected to attend a lunch this afternoon with the Republican Study Committee to meet with members and take questions.

BANNON SERVED TWO SUBPOENAS - Steve Bannon was subpoenaed by the House Intelligence Committee on Tuesday, the same day the New York Times revealed that the former White House chief strategist was subpoenaed last week by special counsel Robert Mueller to testify before a grand jury. It's likely, however, that Bannon could forgo a grand jury appearance if he agrees to be questioned by investigators in the special counsel's office. And despite Bannon angering lawmakers with his stonewalling, The Daily Beast reports that he won't invoke executive privilege with Mueller.

"Tensions flared early ... after Bannon informed the committee that he was refusing to answer any questions about his time in the White House or on the post-election transition, infuriating Democrats and Republicans on the panel," Kyle reports. Bannon met behind closed doors with committee members and staff for more than 10 hours, and lawmakers have since vowed to get answers. Rep. Adam Schiff (D-Calif.), the top Democrat on the committee, said he expects Bannon to return to the committee soon, this time without any restrictions placed on him by the White House. More: http://go.politicoemail.com/?qs=d4f56c6eab2fc7aba280c4f719cd4f61a818dd8f1e5c948613328989ca6a0ba3f73db9e6230933f2dbc03dfaa05b2555

Related reads: "Republicans fear midterm pain from Mueller probe," by Darren Samuelsohn: http://go.politicoemail.com/?qs=d4f56c6eab2fc7ab5214e04b1ade1d898d65591a6edc173997a0f7b23938f36273f09e45cf026b5b72c692b42f1c8f64 "FBI agents visited Steve Bannon's home last week to discuss subpoena in Russia probe," via NBC News: http://go.politicoemail.com/?qs=d4f56c6eab2fc7aba4723132a3ebd19ba1295bff7e730da370c6cc00fa2db6f38cd4044f119cbf308aefdc34f318cf09 and "Mueller probe would continue during a government shutdown," from CNN's Eli Watkins: http://go.politicoemail.com/?qs=d4f56c6eab2fc7ab82eb716ff0da45b28b13c20a2dfee75a400459c56a8fb2321c6ecfe597c30a0d622ed1075c077341

PAWLENTY RULES OUT SENATE RUN - Tim Pawlenty, the former Republican Minnesota governor and current CEO of the Financial Services Roundtable lobbying group, won't run in a special Senate election this year, he told Fox Business Network on Tuesday. "Pawlenty was the best Republican hope to challenge appointed Sen. Tina Smith (D-Minn.)," Kevin Robillard reports. Smith was appointed to fill former Sen. Al Franken's seat following a series of sexual harassment allegations and his subsequent resignation.

"Republicans pushed the former governor to run, hoping his name identification and reputation as a so-called Sam's Club Republican could help them pick up a Senate seat in a difficult national environment," Kevin writes. With Pawlenty out, state Sen. Karin Housley is the top Republican challenger in November's special election against Smith to serve the remaining two years of Franken's term. More: http://go.politicoemail.com/?qs=d4f56c6eab2fc7ab7b98bb7169011466f2fee84aa93ecff96f640705491da58356f06acc1f33e5372f2559dff39b1b42

ARRIVAL LOUNGE - Robert Cogan has returned to Rep. Diane Black's (R-Tenn.) office as chief of staff after spending 2017 as a senior adviser to the House Budget Committee chairwoman. Black stepped down as chair to run for governor in Tennessee.


** A message from the Association of American Medical Colleges: The 340B program allows safety net hospitals to purchase drugs at discounts from pharmaceutical companies -- helping teaching hospitals strengthen care for low-income, rural, and other underserved Americans. At less than 3% of the U.S. drug market, it's a bargain for the country and a lifeline for hospitals and communities. aamc.org/340B **

TODAY IN CONGRESS - The House gavels in at 10 a.m. with first votes expected around 1:30 p.m. and last votes expected around 4:45 p.m. Today's agenda: http://go.politicoemail.com/?qs=d4f56c6eab2fc7abfb9c0a8b1d45167260f5ccd4955691cb1e48cb0aec69afa16927e69d49ca1f1669025a3ff0fdc052 The Senate meets at 10 a.m. to resume consideration of a bill renewing expiring federal spy powers that cleared the House last week.

AROUND THE HILL - Rep. Sheila Jackson Lee (D-Texas), former interim DNC Chair Donna Brazile and others will hold a briefing on women's political participation at 9 a.m. in 2045 Rayburn.

House Speaker Paul Ryan (R-Wis.) will hold a media availability following a Republican Conference meeting at 10 a.m. in HVC-Studio A.

House Democratic Caucus Chairman Joseph Crowley (D-N.Y.) and Vice Chairwoman Linda Sanchez (D-Calif.) will hold a media availability after a closed caucus meeting at 11:30 a.m. in HVC-Studio A.

Rep. Raul Grijalva (D-Ariz.) will hold a news conference on the DREAM Act at 1 p.m. in the House Triangle.

Senate Republican and Democratic leaders will hold separate press conferences after their weekly policy lunches starting around 2 p.m. in the Ohio Clock Corridor.

Senate Majority Leader Mitch McConnell (R-Ky.), Senate Minority Leader Chuck Schumer (D-N.Y.), House Speaker Paul Ryan (R-Wis.) and House Minority Leader Nancy Pelosi (D-Calif.) will hold a ceremony to present former Senate Majority Leader Bob Dole (R-Kan.) with the Congressional Gold Medal at 3 p.m. in the Rotunda. President Donald Trump and Vice President Mike Pence will also attend.

Sen. Tammy Duckworth (D-Ill.) and Rep. Ruben Gallego (D-Ariz.) will hold a pen and pad briefing on the costs of war with North Korea at 3:15 p.m. in S-316.

TUESDAY'S TRIVIA WINNER - Cory Bisbee was first to correctly guess that Woodrow Wilson was the first president to resume the tradition of delivering oral State of the Union addresses in 1913.

TODAY'S TRIVIA - Cory with today's question: This Clark University alumnus and former director of the National Reconnaissance Office once served as an assistant secretary of the Air Force and deputy assistant secretary of defense. From 1983 to 1991, he was a professional staff member and then deputy staff director of this Senate committee. Who was he, what committee did he work for and which senator brought him on? The first person to correctly guess gets a mention in the next edition of Huddle. Send your best guess my way: nmccaskill@politico.com.

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** A message from the Association of American Medical Colleges: The 340B Program allows safety net hospitals to purchase drugs at discounts from pharmaceutical companies -- helping teaching hospitals strengthen care for low-income, rural, and other underserved Americans. Best of all? 340B doesn't cost taxpayers a dime. At less than 3% of the total U.S. drug market, 340B is a bargain for our country and a lifeline for hospitals and communities. Congress should protect the 340B Program. Pass H.R. 4392. Learn more: aamc.org/340B **

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