John T. Bennett
February 27, 2015
CongressWatch Provides Rolling Updates of DHS Funding Drama
WASHINGTON — DHS funding set to expire at 11:59 p.m. Friday, but there's no clear solution in sight after the House killed a stopgap-funding bill.
CongressWatch will provide rolling updates as lawmakers search for a way to avoid a Homeland Security shutdown. At stake for the defense sector is the ability to do business with DHS entities, including the Coast Guard, which spends billions annually on helicopters, ships and aircraft.
Check back for regular updates from the Defense News Capitol Hill bureau:
8:30 p.m. — Seemingly out of the blue yet also completely calculated, the Senate approves a one-week CR for Homeland Security. The chamber then adjourns until 2 p.m. Monday, meaning it's all in the House's collective hands now. Politically, this looks awful for Boehner. Journalists are openly wondering on Twitter whether he can survive this. That aside, 03:18:03 until DHS runs out of money. Wait, we're going to do this again in seven days? There are no words.
5:17 p.m. — BREAKING: With around 50 Republican defections, the House voted down the three-week CR. The vote was 203-224. Only a dozen Democrats voted in favor. Majority Leader Kevin McCarthy, R-Calif., instructed members to expect additional votes Friday night and throughout the weekend. How this ends now is uncertain. GOP leaders can bring the stopgap bill back to the floor, but they need 15 votes -- 217 is the magic number. Less than six hours until a Homeland Security shutdown. Safe to assume cable television producers are readying the "Homeland Insecurity" graphics.
2:45 p.m. — First hurdle cleared for House GOP leaders as motion to go to conference on the full-year bills passes with 228 votes. Breathing easier at DHS headquarters, I bet.
2:10 p.m. — House Minority Leader Nancy Pelosi, D-Calif., tells reporters "this could be over very shortly." She delivered a message to Boehner: "Get a grip, Mr. Speaker." Minority Whip Steny Hoyer, D-Md., explained that Republicans have "backed themselves into a corner" due to a procedural tactic: By sequencing the planned votes with the motion to enter a conference with the Senate before a vote on the three-week bill, should the former fail the latter vote could not occur. House is coming back into session soon. We're under 10 hours until a DHS shutdown.
1:07 p.m. — Under 11 hours until DHS runs out of money.
12:55 p.m. — BREAKING: Rather than moving toward a vote on the three-week DHS continuing resolution, the House has gone into recess. Reporters on Twitter are joking about meeting outside a (so far not yet scheduled) GOP caucus meeting in the Capitol basement. Stay tuned... Here's the reaction of Reid's spokesman: "Maybe even House Republicans are wondering what the point of a 3-week CR is when they can just pass a bipartisan, yearlong DHS funding bill."
11:55 a.m. — Reid takes to Twitter, trying one last time to change Boehner's mind: "Senate has now voted in bipartisan manner to fully fund Homeland Security. House Republicans need to do the right thing and vote on it too."
11:28 a.m. — The Senate passed its "clean" full-year DHS-funding bill, 68-31, sending it to the House. The lower chamber is almost certain to reject it and pass a resolution green-lighting a conference committee process with the Senate. But, as Reid's comments below show, that seems like a longshot.
Around 11 a.m. — The Senate approved an amendment stripping the House-passed immigration provisions. Now voting on final passage. Watch live here.
Around 10:15 a.m. — The Senate is voting. As he entered, a reporter asked Sen. John McCain, R-Ariz., what the repeat of this will look like in March. "It'll be interesting," he said. And Sen. Chuck Schumer, D-N.Y., is playing coy until the end: "Let's see if they have the votes."
9:34 a.m. — Senate Minority Leader Harry Reid, D-Nev., says Senate Democrats will not accept House GOP leaders' attempt to trigger a conference committee process on the DHS spending bills and the immigration riders. Here's what he said minutes ago on the floor: "We will not go to conference on some jury rigged situation they send back...
9:16 a.m. — THE ENDGAME: For the short term, all evidence is the agency will not shut down on Friday night. It will be given a three-week lifeline, but entities like the Coast Guard won't be able to do things like enter into new contracts with defense firms for ships, helicopters, vehicles, aircraft, IT and other services. What happens beyond Friday is, as often is the case on Capitol Hill, anyone's guess.
9:12 a.m. — THE MECHANICS: The House will vote Friday on GOP leaders' new three-week Homeland Security appropriations bill. Here is our piece on that. The chamber also will vote on a motion to go to conference with the Senate on the chambers' very different full-year DHS-spending bills. When the lower chamber gets the Senate's "clean" full-year bill, it is expected to quickly reject it, setting up a conference process. Meantime, the Senate at 10 a.m. will hold a mini-vote a rama on its full-year "clean" DHS bill, which should pass easily. Since an overwhelming number of senators in both parties, and clearly, Majority Leader Mitch McConnell, R-Ky., don't want to shutter DHS, it should pass -- it could even happen by voice voice, according to some reports.
9:03 a.m. (Friday) — THE POLITICS: The House is in session. And the word of the day is "jam." House Republicans are trying to jam Senate Democrats, who have been jamming House Republicans for a few weeks. House Democrats also are trying to jam House Republicans. House Republicans intend to pass, as noted below, a three-week "clean" DHS funding bill AND a motion to go to conference with the Senate. So they're trying to jam Senate Democrats by forcing a conference committee on the chamber's full-year DHS spending bills. The House's contains the controversial immigration provisions; the Senate should approve one Friday that strips them out. The gambit here by House Republicans is to get something targeting Obama's immigration action by the end of this possible process. But, as several GOP members told reporters last night, there's no guarantee the Senate will agree to start a conference process. Meantime, House Democratic leaders are trying to jam their GOP counterparts by whipping their rank-and-file members to vote against the three-week CR.
6:53 p.m. — GOP members left their caucus meeting upbeat, saying the House will vote Friday on a three-week DHS funding bill. The Senate, they assume, will still pass their "clean bill" in the coming days. The upper chamber, they said, would likely also pass the new CR. That would give a few weeks for leadership to huddle and possibly strike a deal on the House-passed immigration riders and/or the courts to definitively rule on Obama's immigration action. Our full story on the new developments is here. And here's the money quote from Rep. Darrell Issa, R-Calif.: "In regular order, Congress is supposed to reconcile these differences by conference. I think healthy public debate in a conference is good for America and good for the debate."
4:13 p.m. — Here's what a senior House GOP aide told CongressWatch about a CR:"We have received no instructions from leadership to write a CR. However, if one is necessary, we will be ready to turn one around quickly." Our full story here.
4:03 p.m. — An observation: A continuing resolution would accomplish several things. First, it would buy everyone time to figure out how to pass a bill to fund DHS and appease members who want to do something legislatively on the White House's immigration action. Second, obviously, it would avert an agency shutdown. Third, it would allow House Speaker John Boehner, R-Ohio, in several weeks, to tell his caucus he tried everything but the Senate is the problem. And this crop of leaders has used recess periods as leverage to pass something many members would prefer not to. And it just so happens there is a week-long recess in early March, and a two-week Easter recess in early April. Members will want to get out of Washington ASAP, especially for the latter. Just a thought...
3:13 p.m. — Don't expect any movement or sense on a way forward until between 5:30 p.m. and 6 p.m. (EST). That's when House Republican members will emerge from a closed-door caucus meeting, where they will discuss what to do with the "clean" DHS bill the Senate eventually will send them. The chamber, as of now, has a 6 p.m. vote scheduled, but that could be delayed until Republicans come up with...something.
2:32 p.m. — While your correspondent was penning his weekly column — which you can read Sunday right here — our colleagues at Politico reported Boehner, a tad sore that Reid and McConnell cut a "clean" bill deal without his approval, is weighing whether or not to amend what the Senate will send him. That would require either a conference committee to work out the differences, or the Senate to start over. Here'sthat piece, by Jake Sherman and Manu Raju.
1:50 p.m. — With the Senate back from a recess but — glances at CSPAN2 — not doing very much as the procedural clock ticks, take a gander at The Hill newspaper's whip list of GOP House members on how they would vote on a "clean" DHS bill. As of now, though a small sample size, the measure might have to pass with mostly Democratic votes — if Boehner will allow it.
11:37 a.m. — During Q&A, the speaker gave no indication of how the House will proceed. He repeated his lines from Wednesday that "the House passed a DHS-funding bill six weeks ago" and "the Senate must act." While there's little evidence showing the upper chamber will send him anything but a "clean" DHS bill, Boehner said House GOP leaders will "let y'all know" just what the lower chamber will take up.
11:35 a.m. — Asked by whether he views this as a new test of his speakership, Boehner almost laughed and replied no. CNN's Dana Bash said Senate Majority Leader Mitch McConnell, R-Ky., agrees with Boehner on the immigration issue but is "doing what he feels he has to do" to keep DHS open. She asked him whether it's tough for him, now a day-and-a-half before the agency runs out of cash, "hold the line," Boehner defiantly said not at all.
11:33 a.m. — Boehner briefed reporters, using his opening statement to accuse Senate Democrats of "blackmailing" the House, presumably by waiting so long to start its cumbersome floor process to invoke cloture on the "clean" bill and begin a series of votes, including one to strip out the House's immigration language.
11:06 a.m. — Reid noted the Senate is on pace to hold a final vote on Sunday. He said Democrats want to find a way to speed that up. He even said Democrats would pass the bill by unanimous consent on Thursday. "We're ready to do it right now."
11:05 a.m. — Senate Minority Leader Harry Reid, D-Nev., took to the floor to lobby against a shutdown. He quoted comments Rep. Peter King, R-N.Y., made to CongressWatch and other reporters on Wednesday: "We can't allow DHS not to be funded. People think we're crazy. There are terrorists all over the world and we're talking about closing down Homeland Security," King said. Still citing King, Reid implored those on the floor to "Listen to this: 'This is like living in the world of the crazy people'."
9:45 a.m. — With the Senate expected to vote at some point to fund the department, all eyes are on House Speaker Rep. John Boehner, R-Ohio. It will ultimately be up to Boehner to decide whether or not — and when — the lower chamber would take up the "clean" bill. He faces a potential rebellion from the conservative wing of his caucus, who want to stick with their guns on the immigration action. Boehner briefs reporters at 11:30 a.m.
9:35 a.m. — There are no votes scheduled today — yet — in the Senate. The procedural clock is rolling toward the next vote on the "clean" DHS bill, but it won't expire until 9 p.m. unless the two parties reach agreement on holding a vote sooner.
Wednesday afternoon — The Senate, 98-2, approved the first procedural motion on the "clean" DHS bill. Unless agreements on other motions are struck, this could go into Sunday.
Wednesday morning — House Republicans emerge from a closed-door caucus meeting to tell CongressWatch and other reporters that Boehner told them of no new plan. Check out our story on that here. Later, Boehner told reporters he's "waiting for the Senate to act."
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