July 12, 2022 – 4:44 p.m. By Paul M. Krawzak and Aidan Quigley, CQ

Senate Appropriations Chairman Patrick J. Leahy is planning to do without markups and instead simply post his panel’s versions of 12 fiscal 2023 spending bills at the end of July unless he gets cooperation from Republicans.

It remains possible the panel could put some of the bills to a vote. But unless Republicans engage in negotiations over topline funding levels to Leahy’s satisfaction, skipping markups and posting the bills publicly is the path ahead.

Senate Appropriations Committee spokesman Jay Tilton confirmed the plan in an emailed statement Tuesday.

“Chairman Leahy continues to push for a bipartisan, bicameral topline agreement. …But in the absence of a deal, the Appropriations Committee needs to do its work,” Tilton wrote. “The Subcommittee Chairs are working to draft fair, responsible bills to release to the public at the end of July. The Committee has a responsibility to move this process forward, and the Chairman intends to fulfill that responsibility.”

Leahy, D-Vt., said last month that topline appropriations negotiations had stalled, as Republicans were pushing for a continuing resolution instead of pursuing a fiscal 2023 spending deal. Leahy said Republicans were pushing for large defense spending increases without similar increases to nondefense programs and wanted to strip the bills of earmarks.

Leahy said Republicans told him they don’t want to negotiate until after the midterm elections.

Sen. Richard C. Shelby, R-Ala., confirmed last month that the negotiations had stalled and will remain so until Democrats “think seriously” about higher spending for defense.

Before the July Fourth recess, Leahy said the Appropriations Committee would hold subcommittee markups for the fiscal 2023 appropriations bills in July. The House Appropriations Committee passed all of its bills out of committee last month, and the full House is set to consider six of the bills next week in one bundle (HR 8294).

But in the Senate, Democratic sources said Republicans are unwilling even to participate in markups. Because the Senate Appropriations Committee is tied 15-15 between Democrats and Republicans, Democrats cannot report an appropriations bill without GOP support.

July 28 is seen by some as a target date for Leahy to post the bills publicly, though no specific timing decision has been made.

Leahy is currently recovering from hip replacement surgery he undertook after falling at his McLean, Virginia home June 29.

“Senator Leahy’s recovery and physical therapy are proceeding well and he expects to be available for votes this week if necessary,” Leahy spokesman David Carle said separately Tuesday. Tilton said Leahy is working closely with subcommittee chairs during his recovery.

It doesn’t appear that Leahy’s surgery and absence will have a major effect on the appropriations process, with the negotiations currently stalled.

A lengthy absence by Leahy could affect the timing of an agreement, according to Shelby, though he added “I think he’ll get back, he seems to be upbeat.”

Some panel Democrats said their bills are coming along. Sen. Jeanne Shaheen, D-N.H., said the Commerce-Justice-Science Appropriations Subcommittee she helms has “pretty much” reached agreement.

Sen. Chris Van Hollen, D-Md., who leads the Financial Services Appropriations Subcommittee, agreed that markups should wait until party leaders reached agreement on an overall framework for the spending bills.

“We’d like to move forward with markups, but it makes the most sense if we get a bipartisan agreement on the topline, and we still haven’t reached that,” he said.

Shelby said he thinks it will be fall before a full bipartisan agreement is reached.

Blair Taylor, a spokeswoman for Shelby, said Tuesday it was too soon to even discuss a budget ceiling for the dozen fiscal 2023 bills. “We are continuing to work together to find a path forward,” Taylor said. “We need to agree on a framework before we can begin a conversation on overall funding levels.”

Always a long shot

The idea that Republicans would agree to a topline and negotiate the appropriations bills before the November election always was a long shot given GOP hopes they will win control of the House and possibly Senate in the midterm elections. If the GOP takes control of one or both chambers, Republicans will have more clout in negotiations in the lame duck session or in the next Congress.

In recent weeks, Republicans also have been reluctant to cooperate with Democrats on legislation while Senate Democratic leaders work to come up with a partisan tax, health care and climate reconciliation package they could push through the Senate without the need for Republican support.

Democratic leaders are hoping to win support for a reconciliation package and get it on the floor the first week of August, sources said.

Last year, Leahy received bipartisan support for initial versions of three fiscal 2022 spending bills and marked them up in committee in early August. However from there the process broke down over topline funding levels and policy riders, and Leahy ended up canceling the remaining markups. Instead he posted the nine remaining bills publicly in October to try and jump-start the stalled talks.

Senate Republicans in control of that chamber a year earlier also canceled markups, after it became clear Democrats wouldn’t refrain from offering amendments on hot-button issues like pandemic relief and policing overhaul measures after the murder of George Floyd by a Minneapolis police officer.