House Continues Marking Up FY19 Appropriations Bills

The House Appropriations Committee marked up two of its 12 annual spending bills in subcommittee (Interior and Transportation-HUD) this week and three in full committee (Agriculture, CJS, and Energy & Water). The committee has now reported out five of their FY19 appropriations bills.

House

House FY19 Agriculture Appropriations Bill

The House Appropriations Committee marked up its $23.27B Agriculture spending bill this week and reported it out of full committee by a vote of 31 to 20. The bill is $14M above the FY18 enacted level, but when including both discretionary and mandatory funding it is $922M below FY18.

Before passage, the committee approved (29-20) a contentious amendment to ease the Food and Drug Administration’s regulation of e-cigarettes and premium cigars. The amendment requires the FDA to issue final tobacco product standards no later than 36 months from enactment. The panel rejected by voice vote an amendment to continue a ban on funding for the USDA to carry out inspections of horses to be slaughtered for meat. The committee also rejected an amendment from Rep. Rosa DeLauro (D-CT) to strike a provision in the bill that would give USDA regulatory oversight of the emerging technology of growing meat-like products from animal cells. DeLauro argued that they should wait for more information to determine whether USDA or FDA is the better agency to regulate it. And the committee rejected an amendment by Rep. Sanford Bishop (D-GA) to increase funding for the Commodity Futures Trading Commission.

The Committee did adopt the following amendments:

  • Aderholt –The amendment makes technical and noncontroversial changes to the bill and report. The amendment was adopted on a voice vote.
  • Lee – The amendment increases the Healthy Food Financing Initiative by $1 million. The amendment was adopted on a voice vote.
  • Cole/Rep. Bishop– The amendment adds bill language to modernize the February 2007 predicate date for certain tobacco products. The amendment was adopted on a vote of 29-20.
  • Young– The amendment adds bill language to ensure that disclosure requirements related to genetically engineered salmon and finfish be made in accordance with the National Bioengineered Food Disclosure Standard. The amendment was adopted on a voice vote.
  • Simpson/Rep. Pingree– The amendment adds bill language preventing the USDA from disallowing potatoes as part of the school breakfast program. The amendment was adopted on a voice vote.
  • Newhouse/Rep. Bishop– The amendment adds bill language to protect SNAP retailers from certain invasive disclosure requirements. The amendment was adopted on a voice vote.
  • Harris– The amendment adds report language to require an FDA report on adverse health events linked to attorney or lead generators advertisements, and to collaborate with the FTC to address patient safety concerns. The amendment was adopted on a voice vote.
  • Newhouse– The amendment adds report language directing the Secretary of Agriculture to work with other federal agencies to establish a comprehensive online system for agriculture employers to complete the H-2A applications process. The amendment was adopted on a voice vote.

It’s unclear when the bill will go to the House floor for consideration.

House FY19 Agriculture Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP00/20180516/108312/BILLS-115HR-FC-AP-FY2019-AP00-Final.pdf

House FY19 Agriculture Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395290

House FY19 Agriculture Appropriations Bill Report Language

https://docs.house.gov/meetings/AP/AP00/20180516/108312/HRPT-115-HR-FY2019-Agriculture.pdf

House FY19 Commerce, Justice, Science (CJS) Appropriations Bill

The House Appropriations Committee marked up its $62.5B CJS spending bill this week and reported it out of full committee by a vote of 32 to 19. The bill is $2.9B above the FY18 enacted level, and funds the Departments of Commerce and Justice, NASA, the National Science Foundation, the decennial census, and other related programs.

During debate, disagreements emerged over the Trump administration’s immigration policies, gun control provisions and the need to protect Special Counsel Robert S. Mueller III’s probe into potential connections between the Trump campaign and Russian operatives during the 2016 presidential election.

The committee adopted the following amendments during the markup:

  • Culberson – The manager’s amendment makes technical and noncontroversial changes to the bill and report. The amendment was adopted on a voice vote.
  • Valadao – The amendment prohibits funding for the Commerce Department to implement or administer new rules on certain California dam hydroelectric projects. The amendment was adopted on a voice vote.
  • Joyce – The amendment prohibits funding to prevent states from implementing their own medical marijuana laws. The amendment was adopted on a voice vote.
  • McCollum – The amendment changes Justice Department funding designations for Native Americans. The amendment was adopted on a voice vote.
  • Ruppersberger – The amendment prohibits funds to be used in contravention of the ZTE suspension order. The amendment was adopted on a voice vote.
  • Ruppersberger – The amendment targets $2 million to halt illegal cell phone use in prisons. The amendment was adopted on a voice vote.
  • Harris ­– The amendment urges the Drug Enforcement Administration to expeditiously process medical marijuana research applications. The amendment was adopted on a voice vote.

House FY19 Commerce, Justice, Science (CJS) Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP00/20180517/108330/BILLS-115HR-SC-AP-FY2019-AP00-CJSBILL.pdf

House FY19 Commerce, Justice, Science (CJS) Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395291

House FY19 Commerce, Justice, Science (CJS) Appropriations Bill Report Language

https://docs.house.gov/meetings/AP/AP00/20180517/108330/HRPT-115-HR.pdf

House FY19 Energy & Water Appropriations Bill

The House Appropriations Committee marked up its FY19 spending bill this week and reported it out of full committee by a vote of 29 to 20 after adopting a managers amendment. The $44.7B bill is $1.5B above the FY18 enacted level and $8.17B above the President’s FY19 budget request. In addition to providing funding for various Department of Education programs, the bill provides $15.3B for national nuclear weapons activities and $7.28B for the Army Corps of Engineers.

House FY19 Energy & Water Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP00/20180516/108312/BILLS-115HR-FC-AP-FY2019-AP00-FinalBill.pdf

House FY19 Energy & Water Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395283

House FY19 Energy & Water Appropriations Bill Report Language

https://docs.house.gov/meetings/AP/AP00/20180516/108312/HRPT-115-HR-FY2019-EnergyandWater.pdf

House FY19 Interior, Environment, and Related Agencies Appropriations Bill

The House Interior, Environment, and Related Agencies Subcommittee met and marked up its $35.252B FY19 spending bill this week and approved it by voice vote. The bill’s funding level is equal to its FY18 enacted level.

The bill includes $3.9B for wildland firefighting and prevention programs, $500M for Payments in Lieu of Taxes (funds for local governments to help offset losses in property taxes due to nontaxable federal lands within their counties), $7.958B for the EPA ($100M below FY18), $5.9B for the Indian Health Service ($370M above FY18), $3.1B for the Bureaus of Indian Affairs and Indian Education ($40M above FY18), $229M for the Office of Surface Mining, $1.4B for the Bureau of Land Management ($55M above FY18), $3.25B for the National Park Service ($53M above FY18), $6.1B for the U.S. Forest Service, $1.6B for the U.S. Fish and Wildlife Service ($11M below FY18), $1.2B for the U.S. Geological Survey ($19M above FY18), $1B for the Smithsonian Institution ($12M above FY18), $155M for the National Endowment for the Arts and Humanities ($2M above FY18), $1.8M for the Eisenhower Memorial Commission salaries, $360M for the Land and Water Conservation Fund, and $12M for the Chemical Safety and Hazard Investigation Board ($1M above FY18).

The bill also includes several policy riders that repeal the Waters of the United States regulation, prohibits the regulation of lead content in ammunition and fishing tackle, relieves livestock operations from EPA permitting requirements, exempts livestock producers from EPA greenhouse gas regulations, directives to federal agencies to establish policies that reflect the carbon neutrality of biomass, prohibit the EPA from making changes to certain agriculture exemptions under the Clean Water Act,

House FY19 Interior, Environment, and Related Agencies Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP06/20180515/108314/BILLS-115HR-SC-AP-FY2019-Interior-SubcommitteeDraft.pdf

House FY19 Interior, Environment, and Related Agencies Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395297

House FY19 Transportation, HUD, and Related Agencies Appropriations Bill

The House Transportation-HUD Appropriations Subcommittee approved its $71.8B FY19 spending bill by voice vote on Wednesday. The bill is $1.5B over the FY18 enacted level and $23.8B above the President’s FY18 budget request. The bill includes $27.8B for the Department of Transportation ($542M above FY18) and $43.6B for the Department of Housing and Urban Development ($941M above FY18).

While there has been discussion of an infrastructure bill being considered this year, subcommittee chairman Mario Diaz-Balart (R-FL) said that they don’t need to wait to do a separate infrastructure bill and that this funding bill is an infrastructure bill. House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) disagreed and said that he still plans to introduce an infrastructure bill this year, possibly before the August recess.

The full appropriations committee is likely to mark up the bill next week.

House FY19 Transportation, HUD, and Related Agencies Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP20/20180516/108309/BILLS-115HR-SC-AP-FY2019-TransHUD-SubcommitteeDraft.pdf

House FY19 Transportation, HUD, and Related Agencies Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395298

Senate

The Senate Appropriations Committee is still holding hearings on the FY19 budgets submitted by the federal agencies, but they did announce their preliminary schedule for marking up their FY19 spending bills. The schedule is tentative and subject to change. The committee did not announce specific dates, but instead weeks during which each spending bill will be taken up. See chart below for the schedule. The committee is expected to adopt a full slate of 302(b) allocations at its first full committee markup. The allocations have been given to the subcommittee chairs so they can begin writing their FY19 spending bills.

While Senate Appropriations Committee Chairman Richard Shelby (R-AL) expects the first FY19 spending bills will be on the Senate floor during the second week of June, there are only 13 weeks left when the Senate will be in session before the new fiscal year begins on October 1. The Senate floor calendar is also crowded with judicial and executive branch nominations that are proceeding at a slow pace. Congress has to reauthorize the National Flood Insurance Program (July 31), the FAA and Airport and Airway Trust Fund (Sept 30), the Pesticide Registration Improvement Act (Sept 30), E-Verify (Sept 30), and the Farm Bill (Sept 30). Republican senators are concerned that there is not enough time to pass all 12 annual spending bills.

While Congress routinely misses the October 1 deadline and usually catches up with an omnibus spending package several months into the new fiscal year, President Trump has vowed that he will never sign another omnibus bill. Sixteen Republican senators sent a letter to Senate Majority Leader Mitch McConnell (R-KY) requesting that he start bundling the 12 spending bills into minibuses. The group also called for extending Senate work hours to Mondays and Fridays and forgoing the August recess. Senate Appropriations Committee ranking democrat Patrick Leahy (D-VT) responded that there is no need to cancel the August recess to finish spending work.

Subcommittee House Action Senate Action
Agriculture Subcommittee: May 9

Full Committee: May 16

Subcommittee: May 22

Full Committee: May 24

Commerce Justice Science Subcommittee: May 9

Full Committee: May 17

Week of June 11-15
Defense   Week of June 25-29
Energy & Water Subcommittee: May 7

Full Committee: May 16

Subcommittee: May 22

Full Committee: May 24

Financial Services   Week of June 18-22
Homeland Security   Week of June 18-22
Interior Environment Subcommittee: May 15

Full Committee: May 22

Week of June 11-15
Labor HHS Education   Week of June 25-29
Legislative Branch Subcommittee: April 26

Full Committee: May 8

Week of June 11-15
Military Construction VA Subcommittee: April 26

Full Committee: May 8

Week of June 4-8
State Foreign Operations   Week of June 18-22
Transportation HUD Subcommittee: May 16 Week of June 4-8

 

House Continues Marking Up FY19 Appropriations Bills

The House Appropriations Committee continued marking up its FY2019 appropriations bills this week and reported out of committee two of its 12 spending bills – the Military Construction-Veterans Affairs and Legislative Branch bills. The House also marked up the Agriculture, Commerce-Justice-Science, and Energy & Water spending bills in subcommittee. The Agriculture and Energy & Water bills will be marked up in full committee next week. And the Transportation HUD subcommittee will mark up its FY19 spending bill in subcommittee next week.

On the Senate side, Senate Labor HHS Education Appropriations subcommittee chairman Roy Blunt (R-MO) said that he and the other subcommittee chairman received their 302(b) allocations this week. Blunt believes that his subcommittee’s bill will be marked up in full committee in late June, which will be one of the later markups.

House Agriculture Appropriations Bill

The House Agriculture Appropriations Subcommittee marked up its $23.27B spending bill this week. The bill is $14M above the FY18 enacted level, but when including both discretionary and mandatory funding it is $922M below FY18.

The bill includes $3.079B for rural development programs such as critical infrastructure, rural broadband, and rural housing loans and rental assistance. The FDA receives $3.1B in discretionary funding ($308M above FY18), while total funding for the FDA, which includes revenue from user fees, is $5.57B. The bill also appropriates $70M to accelerate medical product development as authorized in the 21stCentury Cures Act. The bill funds Agriculture Research at $3.101B ($72M above FY18), Animal and Plant Health at $998.4M ($16.5M above FY18), Conservation Programs at $1.05B, Farm Programs at $1.713B ($8.5M above FY18), Food Safety and Inspection Service at $1.05B ($7.5M below FY18), Commodity Futures Trading Commission at $255M ($6M above FY18), International Programs at $1.92B, Women Infants and Children at $6B ($175M below FY18), Child Nutrition Programs at $23.2B ($1.1B below FY18), and the Supplemental Nutrition Assistance Program (SNAP) at $73.2B ($794M below FY18).

House FY19 Agriculture Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP01/20180509/108287/BILLS-115HR-SC-AP-FY2019-Agriculture-SubcommitteeDraft.pdf

House FY19 Agriculture Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395290

House Commerce Justice Science Appropriations Bill

The House Commerce Justice Science (CJS) Appropriations Subcommittee marked up its $62.5B spending bill this week. The bill is $2.9B above the FY18 enacted level.

The bill includes $447M for grant programs to help stem opioid abuse, fully funds the FBI’s National Instant Criminal Background Check System, provides $50M in grants to reduce gang and gun violence, $100M for the STOP School Violence Act, $100M for youth mentoring programs, and $20M for police active shooter training. The bill funds the Department of Justice at $30.7B ($793M above FY18), NASA at $21.5B ($810M above FY18), the Department of Commerce at $12.1B ($1B above FY18), and the National Science Foundation at $8.2B ($408M above FY18).

The bill also includes several policy riders. It continues a prohibition on the transfer or release of Guantanamo detainees into the U.S. and continues various existing provisions related to firearms, including the prohibition on the implementation of the UN Arms Trade Treaty. The bill prohibits unauthorized reporting and registration requirements on consumers purchasing multiple rifles or shotguns. It prohibits NASA, OSTP and the National Space Council from engaging in bilateral activities with China unless authorized or certified via procedures established in the bill. The bill prevents settlement money from going to activist groups by prohibiting DOJ from entering into civil settlement agreements in which a defendant is required to make a donation to a third party. And it includes a policy provision to counter cyberespionage by requiring agencies to conduct supply chain reviews before procuring sensitive information technology systems. Finally, it continues existing pro-life policies.

House FY19 Commerce Justice Science Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP19/20180509/108286/BILLS-115HR-SC-AP-FY2019-CJS-SubcommitteeDraft.pdf

House FY19 Commerce Justice Science Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395291

House FY19 Energy & Water Appropriations Bill

The House Energy and Water Appropriations subcommittee met this week and marked up its FY19 spending bill. The $44.7B bill is $1.5B above the FY18 enacted level and $8.17B above the President’s FY19 budget request. In addition to providing funding for various Department of Education programs, the bill provides $15.3B for national nuclear weapons activities and $7.28B for the Army Corps of Engineers.

The bill makes targeted investments to protect our nation’s energy infrastructure against cyber and other attacks. Within this funding, $117M ($41M above FY18) is directed to research and development activities to strengthen the security of the U.S. electric grid. The bill continues congressional efforts to support the Yucca Mountain nuclear waste repository, providing a total of $267.7M, an increase of $100M above the budget request. Included in the legislation is $6.9B for environmental management activities, $257M below the FY18 level and $268M above the President’s budget request. Funding for energy programs within DOE is $13.4B (an increase of $504M above FY18). Energy efficiency and renewable energy programs are cut by $243M compared to FY18. And finally, the bill includes $6.6B for science research (an increase of $340M above FY18) and $1.56B for the Department of the Interior and the Bureau of Reclamation to help manage, develop, and protect the water resources of Western states ($75 million above FY18).

In addition to funding, the bill includes some policy riders. It repeals the Waters of the United States rule; restricts the application of the Clean Water Act in certain agricultural areas, including farm ponds and irrigation ditches; prohibits new nuclear nonproliferation projects in Russia without certain notifications from the Secretary of Energy; allows the possession of firearms on Corps of Engineers lands; and includes language regarding operation of the Federal Columbia River Power System hydroelectric dams.

House FY19 Energy & Water Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP10/20180507/108254/BILLS-115HR-SC-AP-FY2019-EnergyWater-SubcommitteeDraft.pdf

House FY19 Energy & Water Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395283

House FY19 Legislative Branch Appropriations Bill

The House Appropriations Committee met this week and reported the $3.8B FY19 Legislative Branch bill out of full committee by a vote of 47-0 after approving a manager’s amendment.

House FY19 Legislative Branch Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP00/20180508/108282/BILLS-115HR-FC-AP-FY2019-AP00-LegBranch.pdf

House FY19 Legislative Branch Appropriations Report Language

https://docs.house.gov/meetings/AP/AP00/20180508/108282/HRPT-115-HR-FY2019-LegBranch.PDF

OMB Letter to House Appropriations Chair and Ranking Member re: FY19 Legislative Branch Bill

https://www.whitehouse.gov/wp-content/uploads/2018/05/FY-2019-Legislative-Branch-Appropriations-bill-Letter.pdf

House FY19 Military Construction – Veterans Affairs Appropriations Bill

The House Appropriations Committee met this week and reported the $96.9B FY19 Military Construction-Veterans Affairs bill out of full committee by a vote of 47-0 after approving a manager’s amendment.

House FY19 Military Construction-Veterans Affairs Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP00/20180508/108282/BILLS-115HR-FC-AP-FY2019-AP00-MILCON.pdf

House FY19 Military Construction-Veterans Affairs Appropriations Report Language

https://docs.house.gov/meetings/AP/AP00/20180508/108282/HRPT-115-HR-FY2019-MilCon.pdf 

OMB Letter to House Appropriations Chair and Ranking Member re: FY19 MilCon-VA Branch Bill

https://www.whitehouse.gov/wp-content/uploads/2018/05/FY-2019-Military-Construction-and-Veterans-Affairs-Appropriations-bill-Letter.pdf

Subcommittee House Action Senate Action
Agriculture Subcommittee: May 9

Full Committee: May 16

Commerce Justice Science Subcommittee: May 9
Defense
Energy & Water Subcommittee: May 7

Full Committee: May 16

Financial Services
Homeland Security
Interior Environment
Labor HHS Education
Legislative Branch Subcommittee: April 26

Full Committee: May 8

Military Construction VA Subcommittee: April 26

Full Committee: May 8

State Foreign Operations
Transportation HUD Subcommittee: May 16

 

Senate Deems FY2019 Budget Levels, House to Follow

While federal budget resolutions are supposed to be filed by April 15 and the budget is used to start the annual appropriations process, the House and Senate can instead pass deeming resolutions, which are simple resolutions that set the 302a allocations without advancing a budget.

House and Senate Republicans indicated their intention this week to forgo adopting a budget resolution for FY2019 and instead proceed with deeming resolutions. Senate Budget Committee Chairman Michael Enzi (R-WY) filed the overall spending limits for defense ($647B) and nondefense ($597B) discretionary programs. Those limits, which were set by the budget deal in February and now are considered approved once filed, allows the Senate to proceed with the FY19 appropriations bills. Publication of the levels allows the Senate to consider the FY19 appropriations bills on the Senate floor with the ability to enforce the levels through points of order. The filing also allows Chairman Enzi to enforce other budget rules. This doesn’t preclude the Senate from adopting a budget resolution at a later time. On the House side, House Budget Committee Chairman Steve Womack (R-AR) said that he also intends to deem the overall spending limits for FY19 in time to meet the House’s May 16 deadline. Womack said his committee still plans to draft a budget resolution that would show a path to a balanced budget in 10 years.

House Continues Markups of FY19 Appropriations Bills

The House will markup its FY2019 Military Construction-Veterans Affairs and Legislative Branch bills in full committee and the Energy and Water bill in subcommittee next week. The House Republican strategy for considering all of the FY2019 spending bills may be to move the less-controversial bills to the floor first. They may also “pre-conference” with the Senate on a few measures in order to expedite passage through both chambers before the August recess. The Military Construction-Veterans Affairs bill is expected to be the first spending bill on the floor. The Defense spending bill might also be in the first batch of bills.

Subcommittee House Action Senate Action
Agriculture Subcommittee: May 9  
Commerce Justice Science Subcommittee: May 9  
Defense    
Energy & Water Subcommittee: May 7  
Financial Services    
Homeland Security    
Interior Environment    
Labor HHS Education    
Legislative Branch Subcommittee: April 26

Full Committee: May 8

 
Military Construction VA Subcommittee: April 26

Full Committee: May 8

 
State Foreign Operations    
Transportation HUD    

 

House Begins Marking Up FY19 Appropriations Bills

The House Appropriations Committee officially kicked off the FY2019 appropriations season with two subcommittee markups this week. They began with two of the least controversial of the 12 annual spending bills – Military Construction-Veterans Affairs and Legislative Branch.

Military Construction-Veterans Affairs (MilCon-VA)

The $96.9B FY19 MilCon-VA spending bill is $4.2B above the FY18 enacted level and includes $921.4M in Overseas Contingency Operations (OCO) funding. The Department of Veterans Affairs received an increase of $3.9B in discretionary funds over the FY18 enacted level while military construction received an increase of $412M. The bill does not include the Administration’s request for an additional $1.9B for the Veterans Choice Program.

The bill includes some oversight provisions requiring reporting on the status of VA claims processing, requiring an ongoing GAO review of the development of the VA electronic health record, requiring quarterly VA reporting and Committee investigative staff review of the conversion of the VA financial management system, requiring quarterly briefings on large construction projects that are managed outside of VA, limiting funding transfers between construction projects, limiting changes in the scope of construction projects, and restricting certain spending actions without notification to Congress.

And while the bill is one of the least controversial of the spending bills, MilCon-VA appropriations subcommittee ranking member Debbie Wasserman Schultz (D-FL) protested the inclusion of a $69M provision to build a new prison for “high-value” terrorist suspects at Guantanamo Bay. Democrats want to shut down the prison. Forty-one terrorist suspects remain at the facility.

Legislative Branch

The $3.8B FY19 Legislative Branch spending bill is $132M above the FY18 enacted level. This excludes the Senate-only items, which, by tradition, is added later by the Senate.

The bill includes $1.2B to fund the operations of the House (an increase of $32M above FY18), $456.4M for the Capitol Police (an increase of $29.9M), $5.4M for the Office of Compliance, $642M for the Architect of the Capitol (an increase of $31.5M), $709.8M for the Library of Congress (an increase of $40M), $579M for the Government Accountability Office (same as FY18), $117M for the Government Publishing Office (same as FY18), and $5.6M for the Open World Leadership Center (same as FY18).

When the House returns the week of May 7, the Energy & Water Subcommittee will mark up its FY19 spending bill on Monday, May 7 at 5:30 pm. The Transportation-HUD Subcommittee is expected to hold its markup during the week of May 16. And while the spending season has begun, don’t expect it to be finished before the start of the new fiscal year on October 1.

House Military Construction-Veterans Affairs Bill

https://docs.house.gov/meetings/AP/AP18/20180426/108246/BILLS-115HR-SC-AP-FY2019-MilCon-SubcommitteeDraft.pdf

House Military Construction-Veterans Affairs Press Release

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395270

Legislative Branch Bill

https://docs.house.gov/meetings/AP/AP24/20180426/108247/BILLS-115–AP–LegBranch.pdf

Legislative Branch Press Release

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395271

FY19 Appropriations Process Begins

Newly appointed Senate Appropriations Committee Chairman Richard Shelby (R-AL) said that he would like to return to “regular order” with the FY2019 appropriations bills. Senate appropriators are preparing to mark up their bills in May so that they can have some of them on the Senate floor in June, and then have three or four bills in conference before September. Shelby’s goal is to avoid another end-of-year omnibus, which President Trump has said he wouldn’t accept again.

The mid-term elections and the limited time available on the Senate floor for consideration, however, could lead to bills being packaged into smaller minibuses. Shelby is meeting with House Appropriations Committee Chairman Rodney Frelinghuysen (R-NJ) this week to discuss FY19 subcommittee allocations.

The House will begin marking up their spending bills on April 26 with the Military Construction-Veterans Affairs bill. Defense Appropriations Subcommittee Chairwoman Kay Granger (R-TX) said her bill would be marked up in the “middle of June.” Full committee markups in the House will begin May 8. The House hopes to have all of their FY19 spending bills done by mid-June or July. They are considering a strategy of bundling their bills into minibuses to speed their approval. House leadership is looking to the Senate for guidance on what they can get through their chamber, and that will drive in large part the strategy they employ in the House.

White House Considers FY18 Appropriations Cuts

The White House is still considering cutting funds from the recently negotiated and enacted FY2018 omnibus appropriations bill despite warnings from several Democrats and Republicans in Congress that it could “poison the well” for future negotiations. Office of Management and Budget Director Mick Mulvaney is taking the lead on developing a rollback proposal that could cut anywhere from $30B – $60B. The White House expects to submit its proposal to Congress sometime around May 1. The House could take up the measure, but it isn’t clear if they would have the votes for passage. What is clear though is that it wouldn’t stand a chance of passage in the Senate.

Republican leaders in Congress instead are considering drafting a spending cuts package that would avoid the FY18 omnibus, which could help them win broader support. Leadership is looking for unexpended balances to include in the package that would not affect funding included in the FY18 omnibus. President Trump may not be satisfied with this approach though.

Republicans Considering Using Rescissions Process to Cut FY18 Funding

President Trump and Republican Congressional leaders are considering using a budget rescissions process to rollback some of the funding that was approved in the FY18 omnibus spending bill. However, reaction to this proposal has been tepid among some Republicans. They are looking to House Speaker Paul D. Ryan (R-WI) for guidance, but the Speaker has not made any public comments on the proposal.

The Congressional Budget and Impoundment Control Act of 1974 provides an expedited process for the President to propose and Congress to review a rescissions package identifying appropriations that the administration does not want to spend. The President must first submit a message to Congress specifying the amount of funds they want to rescind from which accounts and programs along with estimated fiscal and program effects and the reasons for the rescission. Congress would then have 45 legislative days to approve all or part of the President’s request. A rescissions package could pass the Senate with a simple majority vote.

After signing the FY18 omnibus, President Trump called on Congress to give him line-item veto authority on spending bills. The Supreme Court has declared the line item veto unconstitutional. This rescissions process could be a way around that, but he would need Congressional approval.

Republicans hold a slim 50-49 majority in the Senate, which will be 51-49 when Cindy Hyde-Smith is sworn in on Monday. With Sen. McCain (R-AZ) not voting, they can’t lose any Republicans in order to pass a rescissions package. And they may be reluctant to open up that can of worms given the effect it would have on negotiating future bipartisan spending deals.

House Passes FY18 Omnibus Appropriations Bill

The House passed the 2,232-page $1.3T FY2018 omnibus appropriations bill today by a vote of 256 to 167 (90 Republicans, many of whom are conservatives, and 77 Democrats voted against passage). The bill then went to the Senate for consideration. Senate Majority Leader Mitch McConnell (R-KY) moved to cut off debate this evening after failing to get the consent of all 100 senators to waive procedural hurdles and move quickly to final passage. This means that the Senate may have to wait until cloture ripens at 1 am on Saturday to vote on cloture. This is one hour after the current FY18 continuing resolution (CR) expires. If cloture is invoked, a 30-hour clock begins, and absent a time agreement, a vote on final passage could occur as late as 8 am Sunday morning. Senate Majority Whip John Cornyn (R-TX) confirmed this evening that several senators are objecting to the bill, but said he’s optimistic that the Senate will get it done. Senate Minority Leader Chuck Schumer (D-NY) also said he’s confident the bill will pass by a comfortable margin in the Senate. But in the interim, the government could briefly shutdown unless another CR is passed. The President has indicated that he will sign the omnibus spending bill.

In addition to including funding for the federal government through the end of the fiscal year, the omnibus includes extensions of the FAA authorization and Airport and Airway Trust Fund (through September 30, 2018), the National Flood Insurance Program (through July 31, 2018, a deadline which decouples it from the federal funding cycle), the Pesticide Registration Improvement Act (through September 30, 2018), the Trade Act of 1974 (through December 31, 2020), redaction authority concerning sensitive security information in the Ethics in Government Act of 1978 (through December 31, 2027), the Brownfields Law, the Conrad 30 Waiver program (through September 30, 2018), EB-5 Regional Center Program (through September 30, 2018), E-Verify authorization (through September 30, 2018), Generalized System of Preferences, authority of the Judicial Conference to redact personal and sensitive information from the financial disclosure report of a judge or judicial employee if it finds that revealing the information could endanger that individual or a family member of that individual, the FCC, the Special Immigrant Religious Workers Program (through September 30, 2018), and pass through status from 3 to 5 years for certain drugs which not enough data has been collected to allow the drug to be priced properly by Medicare.

The omnibus also includes a technical correction to remove state match requirements for Abstinence Education, continues the EPA’s exemption for low-level livestock emissions, establishes a national criminal history background check system and criminal history review program for organizations that serve children, reforms forest management, clarifies the treatment of minor league baseball players under the Fair Labor Standards Act’s minimum wage and overtime rules, reauthorizes the Secure Rural Schools payments for two years, directs the SEC to change certain requirements relating to the capital structure of business development companies, and includes a “fire borrowing fix” and a prohibition on employers keeping tips received by employees.

And the bill includes the CLOUD Act, the TARGET Act, the Taylor Force Act, legislation to strengthen the National Instant Criminal Background Check System, the Keep Young Athletes Safe Act, Kevin and Avonte’s Law, legislation to relocate broadcaster spectrum, tax technical corrections, revenue provisions (fixing the “grain glitch” and enhancing the low-income housing credit), and legislation to provide local law enforcement, school personnel and students with the tools they need to proactively prevent a threat.

  FY17 Enacted FY18 Omnibus Increase/(Decrease) Over FY17 Inc/(Dec) % Over FY17
Agriculture $20.877B $23.259B $2.382B 11.4%
Commerce, Justice, Science $56.555B $59.600B $3.045B 5.4%
Defense $516.115B $589.452B $73.337B 14.2%
Defense OCO $82.349B $65.166B ($17.183B) (20.9%)
Energy & Water $37.771B $43.200B $5.429B 14.4%
Financial Services $21.515B $23.423B $1.908B 8.9%
Homeland Security $42.408B $47.723B $5.315B 12.5%

 

Homeland OCO $0.163B $0.163B No Change N/A
Homeland Disaster Relief $6.713B $7.366B $0.653B 9.7%
Interior $32.280B $35.252B $2.972B 9.2%
Labor HHS Education $161.025B $177.100B $16.075B 10%
Labor Program Integrity $1.960B $1.896B ($0.064B) (3.5%)
Legislative Branch $4.440B $4.700B $0.260B 5.9%
MilCon/Veterans Affairs $82.376B $91.991B $9.615B 11.7%
MilCon/VA OCO $0.420B $0.750B $0.330B 78.6%
State Foreign Ops $36.586B $42.000B $5.414B 14.8%
State/FO OCO $20.785B $12.018B ($8.767B) (42.2%)
Transportation HUD $57.651BB $70.300B $12.649B 21.9%
THUD Disaster Relief $1.416B $0B ($1.416B) (100%)

 

FY18 Omnibus Appropriations Bill Text

https://www.gpo.gov/fdsys/pkg/CPRT-115HPRT29374/pdf/CPRT-115HPRT29374.pdf

Explanatory Statements

Introduction

http://docs.house.gov/billsthisweek/20180319/INTRODUCTION%20FY18%20OMNI.OCR.df.pdf

Agriculture, Rural Development and FDA

http://docs.house.gov/billsthisweek/20180319/DIV%20A%20AG%20SOM%20FY18%20OMNI.OCR.pdf

Commerce, Justice, Science

http://docs.house.gov/billsthisweek/20180319/DIV%20B%20CJS%20SOM-%20FY18-OMNI.OCR.pdf

Defense

http://docs.house.gov/billsthisweek/20180319/DIV%20C%20-%20DEFENSESOM%20FY18%20OMNI.OCR.pdf

Energy & Water

http://docs.house.gov/billsthisweek/20180319/DIV%20D%20EW%20SOM%20FY18-OMNI.OCR.pdf

Financial Services

http://docs.house.gov/billsthisweek/20180319/DIV%20E%20FSGG%20SOM%20FY18%20OMNI.OCR.pdf

Homeland Security

http://docs.house.gov/billsthisweek/20180319/DIV%20F%20HOMELAND%20SOM%20FY18%20OMNI.OCR.pdf

Interior, Environment and Related Agencies

http://docs.house.gov/billsthisweek/20180319/DIV%20G%20INTERIOR%20SOM%20FY18%20OMNI.OCR.pdf

Labor, HHS, Education

http://docs.house.gov/billsthisweek/20180319/DIV%20H%20LABORHHS%20SOM%20FY18%20OMNI.OCR.pdf

Legislative Branch

http://docs.house.gov/billsthisweek/20180319/DIV%20I%20LEGSOM%20FY18%20OMNI.OCR.pdf

Military Construction-Veterans Affairs

http://docs.house.gov/billsthisweek/20180319/DIV%20J%20MilConVASOM%20FY18-OMNI.OCR.pdf

State, Foreign Operations

http://docs.house.gov/billsthisweek/20180319/DIV%20K%20SFROPSSOM%20FY18-OMNI.OCR.pdf

Transportation HUD

http://docs.house.gov/billsthisweek/20180319/DIV%20L%20THUD%20SOM%20FY18%20OMNI.OCR.pdf

Summary of Additions

https://rules.house.gov/sites/republicans.rules.house.gov/files/115-2/HR%201625%20%28OMNI%29/SUMMARY.pdf

Appropriators Continue Negotiations on FY18 Omnibus

The current FY18 continuing resolution (CR) is set to expire next Friday, March 23. Appropriators had hoped to file a final FY18 omnibus appropriations bill this week in order for the House to consider the bill on Thursday, but negotiators failed to reach a final spending agreement.

Appropriators are claiming that progress is being made, but still several policy disputes remain to be settled. They started with 150 issues to be negotiated, but still need to settle several disagreements including whether health care workers should be able to opt out of performing abortions under a “conscience” objection, whether the federal government can provide grants to Planned Parenthood, environmental regulations, campaign finance law (relaxing rules that limit coordination between political parties and their candidates and rolling back the Johnson amendment), and funding for the NY/NJ Gateway project. An online sales tax measure, technical changes to fix the recent tax law, and provisions to defund sanctuary cities are not likely to be included in the final omnibus measure. The bill could include an extension of the Federal Aviation Administration excise taxes that are set to expire on March 31.

The Deferred Action for Childhood Arrivals (DACA) also remains a sticking point in negotiations. House Minority Leader Nancy Pelosi (D-CA) said this week that a deal for providing “Dreamers” temporary protection in exchange for funding for a border wall was meaningless because of court rulings saying that the program can’t be ended while it faces a legal challenge. The administration also pulled back the offer saying that negotiations on DACA should be kept separate from spending negotiations. The administration is seeking $1.6B in FY18 to build 74 miles of physical barriers.

House Appropriations Committee Chairman Rodney Frelinghuysen (R-NJ) said appropriators should have everything done this weekend. To comply with the House’s “three-day rule,” Appropriators would have to file the bill by Wednesday in order to bring it to the floor for a vote by Friday.