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Defense Bill Falls 57-40, But Lieberman And Collins Pledge To Introduce Stand-Alone Repeal Measure

This evening, moments after the Senate failed to invoke cloture and proceed to the National Defense Authorization Act (NDAA) — the measure which contains the amendment to repeal Don’t Ask, Don’t Tell — Sens. Susan Collins (R-ME) and Joe Lieberman (I-CT) announced that they would offer a stand-alone DADT measure. Lieberman also said that he has a commitment from Reid to bring up the bill before the end of the year.

The vote on the National Defense Authorization Act failed after days of negotiations between Collins and Reid on the number of amendments that would be offered under a “reasonable” framework of debate. Talks appeared to break down this afternoon as Majority Leader Harry Reid (D-NV) took to the floor without first notifying Collins. Reid addressed the negotiations of the last several days, claiming that Republicans kept changing the goal posts. He had offered Collins 15 amendments — 10 from Republicans and 5 from Democrats — with an hour of debate for each, but she insisted on more time.

Following Reid’s remarks, Collins took to the floor and explained that she felt “perplexed” by Reid’s motion. She claimed that the two had been close to a deal and that he was now reneging on that agreement by filling up the tree, a technique that takes-up all the available slots for amendments on legislation in order to block competing amendments. Her main complaint appeared to be that Republicans would not be able to choose their own “relevant amendments” to the bill, while Reid insisted that both parties had to reach an agreement on “what some of the amendments would be.” During the roll-call, Collins initially voted against cloture but then suddenly changed her vote after talking to Sens. Lieberman and Claire McCaskill (D-MO). Unfortunately, she was unable to bring along Sen. Lisa Murkowski (R-AK) or other moderate Republicans who had signaled that they would proceed to the measure. Sen. Joe Manchin (D-WV) was the only Democrat to vote “no,” while Sen. Blanche Lincoln (D-AR) missed the vote but announced that she would have voted to proceed to the measure.

Watch a compilation of today’s floor activity:

It’s unclear when the Senate will bring up the stand-alone measure, but Lieberman told reporters that the legislation will mirror the language in the Defense Authorization Bill and could be brought up as soon as today.

Sen. Mark Udall (D-CO) also took to the Senate floor to condemn the Senate’s failure and reiterated his pledge to work through the holidays to pass the bill before the end of the year. “I’m willing to stay through the holidays to debate it as a stand-alone measure,” he said. “The vote that we just had means that we won’t have a debate on ‘Don’t Ask, Don’t Tell.’”

Update

Greg Sargent explains why Reid brought the measure to the floor:

Reid concluded that even if Collins was sincere in her promise to vote for repeal if given the four days of debate, there was no way to prevent the proceedings from taking longer, the aide says. Reid decided that the cloture vote, the 30 hours of required post-cloture debate, and procedural tricks mounted by conservative Senators who adamantly oppose repeal would have dragged the process on far longer.

It would have been much more than four days,” the aide says. “Her suggestions were flat out unworkable given how the Senate really operates. You can talk about four days until the cows come home. That has very little meaning for Coburn and DeMint and others who have become very skilled at grinding this place to a halt.”


Update

,Lieberman tweets on the stand-alone measure:

@JoeLieberman: Reid told me he will “Rule14″ the free-standing #DADT repeal so it skips cmte and can come directly to the Senate floor.


Update

,Statement from the White House:

A minority of Senators were willing to block this important legislation largely because they oppose the repeal of ‘Don’t Ask, Don’t Tell.’ As Commander in Chief, I have pledged to repeal this discriminatory law, a step supported by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, and informed by a comprehensive study that shows overwhelming majorities of our armed forces are prepared to serve with Americans who are openly gay or lesbian. [...] While today’s vote was disappointing, it must not be the end of our efforts. I urge the Senate to revisit these important issues during the lame duck session.


Update

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Levin: Passing Defense Bill Will Be A ‘Possibly Insurmountable Challenge’ Even If Cloture Invoked

Moments ago, as Senate Majority Leader Harry Reid (D-NV) and Sen. Susan Collins (R-ME) try to work out a time agreement to debate the National Defense Authorization Act (NDAA), Armed Services Committee Chairman Carl Levin (D-MI) took to the floor to argue that even if the Senate can invoke cloture today, passing the bill may still prove an “insurmountable challenge”:

LEVIN: Even if we get 60 votes today to invoke cloture on the motion to proceed to this bill and even if we’re able to consider amendments and pass this bill in a few days, it will be a possibly insurmountable challenge to work out all of the differences with the House. Over the last 10 years, madam President, it has taken an average of 75 days to conference the defense authorization bill with the House, after we passed it. If we don’t proceed with this bill, this week, then involving cloture sometime next week, even if we could do it would be a symbolic victory and I don’t believe there would be enough time to hammer out a final bill before the end of the session.

Watch it:

Levin made a strong case for repealing DADT earlier in the speech, but in this clip he referenced the policy in such a way as to suggest that he would support a stripped down defense bill, if it meant passing something before the end of the year. “But the only way this will be real and that the repeal of Don’t Ask, Don’t Tell – assuming that we continue to keep it in the bill — will be real, is if we proceed to the bill this week. We cannot and should not delay this vote any longer.”

This morning, Reid announced that he planned to move on the NDAA today. “I also will likely, sometime today move to reconsider the previously failed cloture vote on defense authorization bill,” he said, without specifying an exact time. Most observers, however, believe that the measure will come to a vote around noon.

Update

Reid took to the floor at 12:20 to say that he would decide on whether or not to hold a cloture vote on the NDAA “in a little bit.”

Beyond DADT: The Other Military Priorities Republicans Are Obstructing

Iraq and Afghanistan Veterans of America (IAVA) — which came out in favor of repealing Don’t Ask, Don’t Tell last week — has put out this press release reminding lawmakers that repeal is addressed in just two of the 849 pages that make up the National Defense Authorization Act (NDAA). The bill as a whole contains numerous other military priorities that the Secretary of Defense and the Joint Chiefs of Staff Chairman are all hoping Congress will pass before the end of the year. They include:

- Expanding the number of DoD mental health providers. There is a chronic shortage of mental health providers in the military. With rates of mental health injuries and suicide rising higher every month, the DoD is in desperate need of providers to help service members identify and combat invisible wounds. (Senate §703)

- Eradicating Military Sexual Trauma. NDAA contains 29 recommendations of the Joint Task Force on Sexual Assault in the Military, including modernizing the Uniform Code of Military Justice and the creation of a sexual assault reporting hot line. (House §1601-1664)

- DoD/VA record sharing. NDAA would change HIPAA to allow records to migrate between the DoD and the VA. (Senate §715, House §532)

- Military pay raise and bonuses. NDAA provides a 1.9% pay increase for all service members and the extension of a host of recruitment and retention bonuses set to expire. (House §601)

- Improving military health. Authorizes $30.9 billion for the Defense Health Program and TRICARE coverage for eligible dependents up to age 26. [Added by me]

What’s happening here is that the very same Republicans who were blasting Democrats for voting against military funding to protest the Iraq war are now using their objection to Don’t Ask Don’t Tell — which the majority of the military actually supports — to obstruct and delay the above benefits and pay increases. In fact, they’re even prioritizing extending tax cuts for the richest Americans to the provisions in the defense bill. And, they’re somehow getting away with it all.

To be sure, some (but not all) of these pieces will be transferred into the continuing resolution (CR) and several are already included in the House CR, which passed last night. For instance, the CR “Provides DoD broad authority to realign funding to accommodate programs and projects planned for FY 2011″ and “Extends several authorities required for military pay and bonuses and compensation for civilian employees serving in theater, and authorities needed for overseas contingency operations in Afghanistan and elsewhere.” The House CR also includes including “funds for a 1.4% military pay raise” — which was part of the Senate defense bill.

But only in the Senate are two pages in a bill and a completely unrelated priority reason enough to vote against even starting debate on the issue.

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