Lawmakers are considering potential workarounds to a looming Department of Homeland Security shutdown that would keep FEMA’s disaster aid and mitigation programs afloat even as Congress struggles to strike a deal on immigration enforcement.
Members on both sides of the aisle are considering legislation to fund DHS subagencies — the Federal Emergency Management Agency, the Coast Guard, TSA and others — if broader negotiations on the DHS funding bill continue to sputter.
House Appropriations ranking member Rosa DeLauro (D-Conn.) said in a statement Thursday that she supports funding FEMA and other DHS bureaus “separately while negotiations continue on Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), in order to avoid any disruption to public services or missed paychecks for federal workers.”
Rep. Steny Hoyer (D-Md.), a senior appropriator, said at a Bloomberg Government event Thursday morning that he expects House Democratic appropriators to release a spending measure to fund non-immigration DHS programs sometime “in the next few days.”
That kind of proposal, while still far from concrete, could provide a fresh influx of tens of billions of dollars for disaster aid and mitigation, insulating FEMA from the partisan strife afflicting its parent agency as its disaster relief fund continues to dwindle.
“Appropriators have to touch gloves, and then if it doesn’t look like they can get [a DHS deal] done, I really think they ought to look at à-la-carte funding of agencies not in play,” said Sen. Thom Tillis (R-N.C.), one of Congress’ most vocal advocates for disaster funding.
Senate Majority Leader John Thune (R-S.D.) told reporters Thursday that he could introduce a new stopgap funding bill for all of DHS as soon as Monday, which would keep the agency from shutting down after next Friday’s funding deadline. But it’s not clear how long the funding patch would last or whether it could even pass Congress — especially if Democrats stay united against it.
House and Senate Democrats this week issued a list of 10 immigration enforcement reforms that they want to see in a renegotiated Homeland Security spending bill. Republican leaders have flatly rejected some of them.
They are likely to continue to push for full funding of DHS, but at least some members of the conference have expressed interest in pursuing a patchwork approach if necessary.
Members are wary of another partial shutdown — especially one that would affect agencies that do critical work on disaster recovery and other national security issues.
“It’s more than just the Coast Guard; it’s FEMA, it’s TSA,” said Sen. Lisa Murkowski (R-Alaska). “These are important for us, and my preference, obviously, is to figure out what the deal is and to keep these agencies funded and operational.”
FEMA would continue to carry out disaster recovery work during a shutdown, but its resources would be limited. The disaster relief fund had roughly $7 billion left in it at the end of January, according to the Congressional Research Service.
Tillis proposed having an appropriator go to the Senate floor to request unanimous consent to pass legislation to fund the various nonimmigration subagencies at DHS. That would “take them off the table,” he said, while immigration negotiations continue.
“There’s no technical reason you can’t do that, and it seems like that’s a pathway that would actually have legs,” said Sen. Martin Heinrich (D-N.M.), a senior appropriator. “If there’s willingness to do that or not, I don’t know.”
Some lawmakers have suggested Congress could pass a supplemental funding bill for FEMA if the agency comes close to running out of disaster funding.
FEMA did not respond to emailed questions about its funding options.
Spokespersons for Thune and House Speaker Mike Johnson (R-La.) did not respond to requests for comment. Neither did spokespersons for House Appropriations Chair Tom Cole (R-Okla.) or Senate Appropriations Chair Susan Collins (R-Maine).
Dems walk FEMA tightrope
A proposal to fund nonimmigration DHS subagencies could serve as an escape valve for Democrats, who have faced criticism from Republicans as they continue to hold up FEMA funding while demanding concessions on an unrelated topic.
“FEMA is right now giving aid to a lot of states that have had massive damage from freezes. Democrats voting no shuts that down,” House Majority Leader Steve Scalise (R-La.) said at a press conference Tuesday.
Sen. Katie Britt (R-Ala.), the chair of the Homeland Security Appropriations Subcommittee, said “Democrats don’t seem to care one bit” about FEMA and other DHS agencies losing out on funding.
Until Thursday, Democratic leaders had few answers about how they planned to support FEMA while opposing the spending bill that funds the agency.
When asked by POLITICO’s E&E News whether he had concerns about delaying disaster aid while pursuing immigration reforms, House Minority Leader Hakeem Jeffries (D-N.Y.) said Democrats’ concerns are about immigration enforcement agencies killing Americans, a reference to federal agents’ killing of two U.S. citizens last month.
Pressed about the disaster funding, Jeffries ignored the question.
Asked how Democrats were reconciling voting against a bill that funds FEMA, House Appropriations ranking member Rosa DeLauro (D-Conn.) said, “We’re going to deal with it.” When E&E News asked how, DeLauro said, “That’s what I’m telling you at the moment. It will be dealt with.”
In a statement Thursday, DeLauro said if FEMA funding lapses next week, Republicans would be at fault for rejecting Democrats’ proposed ICE reforms.
“Democrats are fighting to ensure FEMA assistance to state and local governments continues, and that Transportation Security Officers and our Coast Guard servicemembers receive their pay,” DeLauro said. “If Republicans are unwilling to reform ICE and CBP, then they will be responsible for any disruptions and deferred paychecks.”
Anger at Noem
Several congressional Democrats pushed back this week on the premise that a DHS shutdown would be the greatest threat to FEMA.
Instead, the threat is coming from DHS leadership itself, they said. They are pointing to DHS Secretary Kristi Noem delaying disaster aid reimbursements, as well as her decision not to dole out mitigation grant funding approved by Congress.
“There’s been billions of dollars approved that are not being sent to communities, so in so many ways, Kristi Noem has already shut down FEMA assistance — period,” said Rep. Greg Casar (D-Texas), chair of the Congressional Progressive Caucus.
“If the question is will Congress approve the money, Congress has, and it hasn’t gone out the door,” Casar said.
Sen. Chris Murphy (D-Conn.), ranking member on the Senate Homeland Security Appropriations Subcommittee, said he wants to address the “illegality happening at FEMA” in addition to addressing ICE reforms.
But, he added, “We are being targeted in our asks to make sure that we end the paramilitary police practices that are terrorizing our communities,” Murphy said, referring to ICE.
A majority of House Democrats have backed a resolution to impeach Noem. Some lawmakers, including Tillis and Murkowski, have called for Noem to be fired.
Thune suggested this week that if there is no deal by the end of next week, Congress could resort to extending DHS funding all the way through the end of the fiscal year on Sept. 30. Democratic leaders have balked at that proposal.
