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Capitol agenda: No shutdown deal in sight

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Senators are scrambling to avoid a partial government shutdown later this week after Saturday’s fatal shooting of Alex Pretti by a federal agent has members of both parties debating what guardrails they can place on President Donald Trump’s immigration enforcement agenda.

There’s no deal in sight.

The Homeland Security appropriations measure is a part of a multi-bill funding package the House sent over to the Senate last Thursday before leaving town for recess, and which the Senate now must clear before 12:01 a.m. Saturday, Jan. 31 — or spark funding lapses across multiple agencies. Making changes to any portion of that package at this point would jeopardize its chances for being signed into law in time.

But recent developments in Minnesota have Democrats calling for changes to the DHS measure. Among their list of demands are requiring judicial warrants for immigration arrests, mandating federal agents identify themselves, requiring DHS to cooperate with state and local investigations and limiting the “mission creep of federal agencies.”

Senate Minority Leader Chuck Schumer wants the DHS bill stripped out of the larger funding package entirely and renegotiated.

Republicans are reluctant to engage, taking the first step Monday to set up an initial vote on the package Thursday. Instead, GOP senators are dangling alternatives that would let them avoid having to tweak the package at the eleventh hour, floating new potential executive actions or a commitment to passing a separate piece of legislation that would address shared priorities.

Democrats aren’t biting. Many believe they have leverage as Americans recoil at the administration’s immigration enforcement tactics in Minnesota and elsewhere. Plenty of Democrats are also skeptical the administration can be trusted to bring accountability to DHS operations or that standalone legislation reining in the department would ever make it through the House.

“My options are to do nothing or to recognize that two U.S. citizens were recently … executed by federal agents,” Sen. Ruben Gallego (D-Ariz.) told reporters Monday. “We need to at least bring some level of pressure on DHS or on our Republican colleagues to explain to the American public why we are going to continue funding this without any changes.”

Democrats are also increasingly calling for DHS Secretary Kristi Noem’s impeachment amid the fallout. Noem will testify March 3 for an oversight hearing before Senate Judiciary, according to an aide for Chair Chuck Grassley (R-Iowa), where questions about her leadership are sure to arise.

Senate Republicans could still have the upper hand. A group of conservatives, including Sen. Mike Lee (R-Utah), is vowing to oppose any effort to strip out DHS funding. And due to the time crunch ahead of Friday’s shutdown deadline, a single senator can block an attempt to quickly amend the legislation.

Privately, many Republicans believe any off-ramp will need to come from the White House, anyway, according to two people granted anonymity to disclose private thinking — and the administration said Monday it wants to see the funding package passed as written.

Over in the House, Speaker Mike Johnson’s leadership circle is still weighing its options but there are no plans to bring the chamber back early from recess, according to three people granted anonymity to comment on private planning.

Jordain Carney and Meredith Lee Hill contributed to this report.

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Congress

GOP leaders delay FISA vote amid GOP rebellion

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House GOP leaders postponed a Wednesday procedural vote on an extension of a key federal spy powers program as they scramble to land a deal with hard-liners around changes — acknowledging the truly “clean” extension that President Donald Trump is demanding is currently DOA in the chamber.

There are ongoing discussions around modifying the clean, 18-month extension of the surveillance authority known as Section 702 of the Foreign Intelligence Surveillance Act, or FISA, that Trump is ordering. GOP leaders acknowledged in private conversations Tuesday night and publicly Wednesday morning that at least some tweaks are necessary to quell a GOP rebellion that could lead to Section 702’s expiration April 20.

Republican leaders are still hoping to hold a procedural vote later Wednesday to pave the way for floor consideration of the measure, if they can strike an agreement with hold-outs around some changes. A final vote would then happen around 10 p.m. Wednesday. But Speaker Mike Johnson was noncommittal in an interview late Wednesday morning if all that could still happen. “We’ll see,” he said.

Conversations around potential changes picked up Tuesday night, as Blue Light News first reported. Holdouts are asking for guardrails on the program, including warrant requirements; the White House is open to making changes in this regard but likely in a more watered-down capacity than what hard-liners have been seeking.

Ultraconservatives are also pushing House GOP leaders and the White House to follow through on a previous promise to advance a ban on a central bank digital currency, known as CBDC. House GOP leadership and the White House are pushing for a longer Section 702 extension in exchange for advancing that policy or other reforms, while some hard-liners want the promised CBDC ban passed as a standalone rather than attached to the FISA bill.

Majority Leader Steve Scalise said in an interview that White House officials, GOP leaders and Republican holdouts are discussing some “potential amendments.” He added, “We’re still negotiating.” He maintained GOP leaders and White House officials won’t incorporate any changes that undermine the underlying government surveillance program.

Nothing has been agreed to. And Scalise said in an earlier interview leaders would likely incorporate “minor tweaks” into the procedural rule governing floor debate on the underlying bill — if the White House approves.

So far, however, conversations have not sufficiently moved the needle. Hard-liners aren’t budging, continuing resisting renewed calls from Trump and an increasingly aggressive pressure campaign from the administration. That includes a detailed presentation from CIA Director John Ratcliffe at Wednesday morning’s closed-door House GOP Conference meeting on the need for a clean extension.

“Look, he’s the executive, we’re the legislative, and we’re going to see a little bit of conflict between those two today,” Freedom Caucus Chair Andy Harris (R-Md.) said Wednesday, referring to the president.

GOP Reps. Michael Cloud of Texas, Andrew Clyde of Georgia and other hard-liners stood up in the GOP Conference meeting to raise their concerns about a clean reauthorization and continued push for overhauling the program. Some Republicans grew irritated that Ratcliffe “filibustered” until close to the end of the meeting’s scheduled conclusion to avoid taking challenging questions, according to four people in the meeting.

Even before the rule vote was postponed, several rank-and-file members said they were not confident the rule would be adopted.

“There are some who will vote against the rule for sure,” said one House Republican granted anonymity to speak candidly. “It’s a math issue.”

Democrats aren’t expected to help Republicans overcome the procedural rule, even though some of them support a reauthorization without policy changes at this time. The top Democrats on the House Intelligence and Judiciary Committees — Reps. Jim Himes of Connecticut and Jamie Raskin of Maryland, respectively — discussed a joint proposal for a package of FISA overhaul provisions at their party’s weekly caucus meeting Monday morning, which they plan to attempt to advance if the Republicans’ rule fails, according to two people in the meeting.

A fail safe option, if negotiations don’t yield results soon, is to pursue a very short term clean extension — possibly a few months — to buy more time for talks. White House officials and GOP leaders are trying to avoid that scenario.

Riley Rogerson contributed to this report.

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Congress

AIDS activists disrupt Vought’s testimony on Trump’s budget

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A group of AIDS activists and former USAID employees disrupted White House budget director Russ Vought’s testimony before the House Budget Committee on Wednesday.

Capitol police officers escorted the protesters out of the room as the group chanted “PEPFAR saves lives — spend the money” and held signs that read statement such as “Protect PEPFAR from Vought,” forcing the director to pause his opening statement for several minutes.

The Trump administration has tried to slash funding for the program that seeks to reduce HIV and AIDS in developing nations. But Congress rejected those proposals earlier this year, clearing $4.6 billion for the program for the current fiscal year, down from $4.8 billion enacted for the prior fiscal year.

Republicans also bucked the Trump administration’s request last summer to claw back $400 million Congress had already approved for the AIDS-fighting program, nixing that reduction from the $9 billion rescissions package Congress cleared in July.

In August, Secretary of State Marco Rubio handed off the reins of the U.S. Agency for International Development to Vought, to “oversee the closeout” of the agency Trump moved to dismantle after he was inaugurated last year.

Carmen Paun contributed to this report.

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Trump makes last-minute plea for GOP to ‘stick together’ on key surveillance powers vote

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President Donald Trump is ramping up pressure for Republicans to “unify” behind a clean, 18-month extension of a key spy power — making a last minute plea to GOP holdouts refusing to bend without certain amendments.

In a Truth Social post on Wednesday, Trump echoed past calls to House Republicans urging them to “UNIFY, and vote together on the test vote” for a bill reauthorizing Section 702 of the Foreign Intelligence Surveillance Act, which contains a controversial provision that allows for warrantless surveillance of non-U.S. citizens and has divided lawmakers over privacy concerns.

A procedural vote teeing up final passage for a FISA extension was scheduled for Wednesday. House leaders postponed it, but Republicans are still hopeful it can still be held later Wednesday. The spy authority, which has for years triggered fights on Capitol Hill, has concerned some lawmakers for creating a backdoor that allows the government to also search Americans’ data.

Trump asked the GOP “stick together when this Bill comes before the House Rules Committee” as several Republicans raised concerns about the bill’s surveillance powers and sought to amend sections of FISA containing a loophole that allows intelligence agencies to collect warrantless information from third-party brokers with data from phone apps and web activity.

“Passing a clean Section 702 reauthorization without any reforms to protect the Fourth Amendment right to privacy would be a major disservice to the American people,” Rep. Warren Davidson (R-Ohio) said Tuesday. “We live in a digital age, and cell phones are now extensions of our homes; they store our personal conversations, location data, banking information, and health records. Our personal devices deserve the same constitutional protections as our homes.”

Trump said he’s been working with Speaker Mike Johnson, House Intelligence Chair Rick Crawford (R-Ark.) and House Judiciary Chair Jim Jordan (R-Ohio) to pass a clean extension through the House ahead of the April 20 expiration date.

House GOP leaders have backed the White House’s request of a clean extension.

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