House Continues Marking Up FY20 Appropriations Bills

The House has marked up and reported out of committee eight of its 12 FY20 annual spending bills, and is on track for reporting out another two when they return from the Memorial Day recess.


Agriculture

The House Agriculture Appropriations Subcommittee approved its $24.31B FY20 spending bill and reported it out by voice vote. The bill is funded at $1B above the FY19 enacted level. The bill includes language blocking the USDA’s proposal to relocate the Economic Research Service (ERS) and the National Institute for Food and Agriculture (NIFA) outside the National Capital Region as well as USDA’s proposal to put ERS, currently under USDA’s research mission area, under the Office of the Chief Economist, which is under the Office of the Secretary. The bill also requires USDA to restore on its website in full all animal welfare and horse protection inspection reports that were taken down weeks after the Trump administration took office.

FY20 Agriculture Bill Text

https://docs.house.gov/meetings/AP/AP01/20190523/109564/BILLS-1161-SC-AP-FY2020-Agriculture-AgricultureRuralDevelopmentFoodandDrugAdministrationandRelatedAgenciesFY2020AppropriationsAct.pdf

FY20 Agriculture Bill Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-agriculture-rural-development

Commerce Justice Science

The House Appropriations Committee marked up its $73.9B FY20 Commerce Justice Science spending bill today and reported it out by a party-line vote of 31 to 20. The bill is an increase of $9.78B above FY19 enacted levels. It funds the Department of Commerce at $16.43B ($5.02B above FY19 and $3.96 above the President’s FY20 budget request), the Department of Justice at $32B ($1.07B above FY19), the National Aeronautics and Space Administration (NASA) at $22.32B ($815M above FY19), the National Science Foundation (NSF) at $8.64B ($561.14M above FY19), the Equal Employment Opportunity Commission at $399.5M ($20M above FY19), and the Legal Services Corporation at $550M ($135M above FY19). The bill does not include the additional funding requested by the administration for the NASA 2024 lunar landing. It does include a provision preventing the U.S. Census Bureau from asking about citizenship on the 2020 census questionnaire. 

The committee adopted a manager’s amendment from subcommittee chair Jose Serrano (D-NY), but rejected an amendment from Rep. Aderholt (R-AL) that would have eliminated a $10M pilot program offering legal representation to immigrants entering the country illegally. The committee also defeated an amendment offered by Rep. John Rutherford (R-FL) to allow the Trump administration to include a citizenship question on the 2020 census. And they defeated an amendment offered by Rep. Mario Diaz-Balart (R-FL) to prevent further funding for the transfer or release in the U.S. of suspected terrorists being detained at Guantanamo Bay, Cuba.

FY20 Commerce Justice Science Bill Text

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20CJS%20Sub%20Markup%20Draft.pdf

FY20 Commerce Justice Science Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-commerce-justice-science

FY20 Commerce Justice Science Report

https://docs.house.gov/meetings/AP/AP00/20190522/109552/HMKP-116-AP00-20190522-SD002.pdf

OMB Letter to House Appropriations Chairwoman Lowey

https://www.whitehouse.gov/wp-content/uploads/2019/05/CJS-Lowey-FINAL.pdf

Defense

The House Appropriations Committee approved its FY20 Defense spending bill by a party-line vote of 30 to 22. In total, the bill provides $690.2B for the Department of Defense (DOD), an increase of $15.8B above the FY19 enacted level, and $8B below the President’s budget request. The bill also includes $68.1B in Overseas Contingency Operations (OCO) funding. The bill limits DOD’s ability to transfer funds between accounts, which is aimed at the Administration’s plans to move defense funds to pay for a wall on the southern border. It also blocks the sale of the F-35 fighter jet to Turkey. 

The following amendments to the bill were adopted by the full Committee:

  • Rep. Visclosky – The manager’s amendment makes technical and noncontroversial changes to the bill and report. The amendment was adopted by voice vote.
  • Rep. Lee #1 – The amendment repeals the 2001 AUMF after 240 days, giving Congress time to debate and vote on a new AUMF. The amendment was adopted on a party-line vote of 30 – 22.
  • Rep. Ruppersberger #1 – The amendment prohibits funds for cooperation with the Saudi-led coalition in Yemen, with certain exceptions. The amendment was adopted on a vote of 30 – 22.
  • Rep. Fortenberry/Rep. Price – The amendment provides $241.2 million for procurement of equipment to aid in storm recovery at Offutt AFB, Nebraska and two Marine Corps bases in North Carolina, Cherry Point and New River. The amendment was adopted by voice vote.
  • Rep. Lee #3 – Provides that nothing in this Act may be construed as authorizing the use of force against Iran. The amendment was adopted on a vote of 30 – 22.

FY20 Defense Bill Text

https://docs.house.gov/meetings/AP/AP02/20190515/109491/BILLS-116–AP-FY2020-Defense.pdf

FY20 Defense Bill Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-defense-funding-bill

FY 20 Defense Report

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20Defense%20Report%20Draft.pdf

OMB Letter to House Appropriations Chairwoman Lowey

https://www.whitehouse.gov/wp-content/uploads/2019/05/Defense-Lowey.pdf

Energy & Water

The House Appropriations Committee approved by voice vote its FY20 Energy & Water bill by a vote of 31 to 21. In total, the legislation invests $46.4B in Energy and Water Development programs, an increase of $1.8B from FY19. The bill provides $7.36B for the Army Corps of Engineers (an increase of $357M above FY19 and $2.53B above the FY20 PBR), $1.65B for the Department of the Interior/Bureau of Reclamation (an increase of $82.8M above FY19 level and $528M above the FY20 PBR), $37.1B for the Department of Energy (an increase of $1.4B above the FY19 level and $5.6 billion above the FY20 PBR), $130M for the Nuclear Regulatory Commission (which is $95K below the FY19 level), $170M for the Appalachian Regional Commission (an increase of $5M above the FY19 level and the FY20 PBR), and $22M Northern Border Regional Commission (an increase of 10% above the FY19 level and $21 million above the FY20 PBR). The bill prevents the Army Corps funds from being used for a border wall.

The following amendments to the bill were adopted by the full Committee:

  • Rep. Kaptur – The manager’s amendment makes technical and noncontroversial changes to the bill and report. The amendment was adopted by voice vote.
  • Rep. Newhouse #1 – The amendment shifts $5 million between Hanford cleanup accounts. The amendment was adopted by voice vote.

FY20 Energy & Water Bill Text

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20E%26W%20Sub%20Markup%20Draft.pdf

FY20 Energy & Water Bill Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-energy-and-water-funding-bill

FY20 Energy & Water Report

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20E%26W%20Report%20Draft.pdf

OMB Letter to House Appropriations Chairwoman Lowey

https://www.whitehouse.gov/wp-content/uploads/2019/05/EW-Lowey.pdf

Interior, Environment

The House Appropriations Committee approved its FY20 Interior, Environment, and Related Agencies bill by a vote of 30 to 21. In total, the draft bill includes $37.28B, an increase of $1.73B over the FY19 enacted level and $7.24B over the President’s FY20 request. There is also an additional $2.25B of funding provided under the fire suppression cap adjustment. 

The bill provides $523.9M for Land and Water Conservation Fund ($85M above FY19 and $491M above the FY20 PBR), $5.21 billion for Wildland Fire Management ($1.6B above FY19 and $49M above the FY20 PBR), $13.79B for the Department of the Interior ($833M above FY19 and $2.41B above the FY20 PBR), $9.52B for the Environmental Protection Agency ($672M above FY19 and $3.42B above the FY20 PBR), $6.3 billion for the Indian Health Service (an increase of $537M above FY19 and $431M above the FY20 PBR), $167.5M each for the National Endowment for the Arts and the National Endowment for the Humanities, $1.07B for the Smithsonian Institution, $14M for the Woodrow Wilson International Center for Scholars, $43.5M for the John F. Kennedy Center for the Performing Arts, and $61M for the United States Holocaust Memorial Museum.

The committee adopted a manager’s amendment from subcommittee chair Betty McCollum (D-MN). 

FY20 Interior Bill Text

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20Interior%20Sub%20Markup%20Draft.pdf

FY20 Interior Bill Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-interior-environment-funding

FY20 Interior Report

https://docs.house.gov/meetings/AP/AP00/20190522/109552/HMKP-116-AP00-20190522-SD003.pdf

OMB Letter to House Appropriations Chairwoman Lowey

https://www.whitehouse.gov/wp-content/uploads/2019/05/Interior-Lowey.pdf

Transportation HUD

The House Transportation HUD Appropriation Subcommittee approved its $137.1BB FY20 spending bill and reported it out by voice vote. The bill is funded at $6B above FY19 enacted levels and $17.3B above the President’s FY20 budget request. The bill includes $75.8B in discretionary funding, an increase of $4.7B over the FY19 enacted level and $17.3B over the President’s FY20 budget request. 

The bill blocks the administration’s public housing rule change on undocumented immigrants in affordable housing, prohibits NHTSA from finalizing a rule that would roll back fuel-economy standards and lead to increased greenhouse gas emissions from vehicles, prohibits future attacks on state meal and rest break laws, and requires all HUD grantees to develop a resiliency plan as part of the consolidated planning process.

FY20 Transportation HUD Bill Text

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20THUD%20Sub%20Markup%20Draft.pdf

FY20 Transportation HUD Bill Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-transportation-housing-and

FY2020 Appropriations Bills Status

SubcommitteeHouse ActionSenate Action
AgricultureSubcommittee: May 23 
Commerce Justice ScienceSubcommittee: May 17Full Committee: May 22 
DefenseSubcommittee: May 15Full Committee: May 21 
Energy & WaterSubcommittee: May 15Full Committee: May 21 
Financial Services  
Homeland Security  
Interior EnvironmentSubcommittee: May 15Full Committee: May 22 
Labor HHS EducationSubcommittee: April 30Full Committee: May 8  
Legislative BranchSubcommittee: May 1Full Committee: May 9 
Military Construction VASubcommittee: May 1Full Committee: May 9 
State Foreign OperationsSubcommittee: May 10Full Committee: May 16 
Transportation HUDSubcommittee: May 23 

House Continues Marking Up FY20 Appropriations Bills

House

The House has marked up and reported out of committee four of its 12 FY20 annual spending bills, and is on track for reporting out another four by the end of next week.


Commerce Justice Science

The House Commerce Justice Science Appropriations subcommittee marked up its $73.9B FY20 spending bill today and reported it out of subcommittee by voice vote. The bill is an increase of $9.78B above FY19 enacted levels. It funds the Department of Commerce at $16.43B ($5.02B above FY19 and $3.96 above the President’s FY20 budget request), the Department of Justice at $32B ($1.07B above FY19), the National Aeronautics and Space Administration (NASA) at $22.32B ($815M above FY19), the National Science Foundation (NSF) at $8.64B ($561.14M above FY19), the Equal Employment Opportunity Commission at $399.5M ($20M above FY19), and the Legal Services Corporation at $550M ($135M above FY19). The bill does not include the additional funding requested by the administration for the NASA 2024 lunar landing. It does include a provision preventing the U.S. Census Bureau from asking about citizenship on the 2020 census questionnaire. The bill will be marked up in full committee next Wednesday.

FY20 Commerce Justice Science Bill Text

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20CJS%20Sub%20Markup%20Draft.pdf

FY20 Commerce Justice Science Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-commerce-justice-science

Defense

The House Defense Appropriations Subcommittee approved by voice vote its FY20 spending bill. In total, the bill provides $690.2B for the Department of Defense (DOD), an increase of $15.8B above the FY19 enacted level, and $8B below the President’s budget request. The bill also includes $68.1B in Overseas Contingency Operations (OCO) funding. The bill limits DOD’s ability to transfer funds between accounts, which is aimed at the Administration’s plans to move defense funds to pay for a wall on the southern border. It also blocks the sale of the F-35 fighter jet to Turkey. The bill will be marked up in full committee next Tuesday.

FY20 Defense Bill Text

https://docs.house.gov/meetings/AP/AP02/20190515/109491/BILLS-116–AP-FY2020-Defense.pdf

FY20 Defense Bill Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-defense-funding-bill

Energy & Water

The House Energy & Water Appropriations Subcommittee approved by voice vote its FY20 bill. In total, the legislation invests $46.4B in Energy and Water Development programs, an increase of $1.8B from FY19. The bill provides $7.36B for the Army Corps of Engineers (an increase of $357M above FY19 and $2.53B above the FY20 PBR), $1.65B for the Department of the Interior/Bureau of Reclamation (an increase of $82.8M above FY19 level and $528M above the FY20 PBR), $37.1B for the Department of Energy (an increase of $1.4B above the FY19 level and $5.6 billion above the FY20 PBR), $130M for the Nuclear Regulatory Commission (which is $95K below the FY19 level), $170M for the Appalachian Regional Commission (an increase of $5M above the FY19 level and the FY20 PBR), and $22M Northern Border Regional Commission (an increase of 10% above the FY19 level and $21 million above the FY20 PBR). The bill will be marked up in full committee next Tuesday.

FY20 Energy & Water Bill Text

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20E%26W%20Sub%20Markup%20Draft.pdf

FY20 Energy & Water Bill Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-energy-and-water-funding-bill

Interior, Environment

The House Interior, Environment, and Related Agencies Appropriations Subcommittee approved by voice vote its FY20 bill. In total, the draft bill includes $37.28B, an increase of $1.73B over the FY19 enacted level and $7.24B over the President’s FY20 request. There is also an additional $2.25B of funding provided under the fire suppression cap adjustment. 

The bill provides $523.9M for Land and Water Conservation Fund ($85M above FY19 and $491M above the FY20 PBR), $5.21 billion for Wildland Fire Management ($1.6B above FY19 and $49M above the FY20 PBR), $13.79B for the Department of the Interior ($833M above FY19 and $2.41B above the FY20 PBR), $9.52B for the Environmental Protection Agency ($672M above FY19 and $3.42B above the FY20 PBR), $6.3 billion for the Indian Health Service (an increase of $537M above FY19 and $431M above the FY20 PBR), $167.5M each for the National Endowment for the Arts and the National Endowment for the Humanities, $1.07B for the Smithsonian Institution, $14M for the Woodrow Wilson International Center for Scholars, $43.5M for the John F. Kennedy Center for the Performing Arts, and $61M for the United States Holocaust Memorial Museum.

The bill will be marked up in full committee next Wednesday.

FY20 Interior Bill Text

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20Interior%20Sub%20Markup%20Draft.pdf

FY20 Interior Bill Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-interior-environment-funding

State Foreign Operations

The House Appropriations full committee approved its FY20 State, Foreign Operations, and Related Programs bill by a party-line vote of 29 to 23. In total, the bill provides $56.4B in base discretionary funding—$2.2B above the FY19 enacted level and $13.7B above the President’s FY20 budget request. The funding level includes $8B in OCO funding. The committee rejected the administration’s proposed steep cuts to diplomacy and foreign aid as well as several amendments on abortion, family planning, and climate change policies.

The following amendments to the bill were adopted by the full Committee:

  • Rep. Lowey – The manager’s amendment makes technical and noncontroversial changes to the bill and report. The amendment was adopted by voice vote.
  • Rep. Fortenberry #1 – The amendment includes new language supportive of conservation programs in Kenya. The amendment was adopted by voice vote.
  • Rep. Stewart – The amendment strikes the permissive authority included in the bill to fund the Indo-Pacific Strategy and inserts a directive for $160 million to be made available for implementation of the strategy. The amendment was adopted by voice vote.

FY20 State Foreign Operations Bill Text

https://docs.house.gov/meetings/AP/AP04/20190510/109464/BILLS-116–AP-FY2020-StateForOp-FY2020DepartmentofStateForeignOperationsandRelatedProgramsSubcommitteeBill.pdf

FY20 State Foreign Operations Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-state-and-foreign-operations

FY20 State Foreign Operations Report

https://docs.house.gov/meetings/AP/AP00/20190516/109499/HRPT-116-FY2020_SFOPS_Report.pdf

OMB Letter to House Appropriators re: FY20 State Foreign Ops Bill

https://www.whitehouse.gov/wp-content/uploads/2019/05/SFOp-Lowery.pdf

Senate

Senate Appropriations Committee Chairman Richard Shelby (R-AL) initially said he hoped to wait for a bipartisan agreement on new spending caps before advancing his bills. But with no such deal in sight, he said last week he hoped to begin marking up bills this summer if the Senate agrees to “deem” a topline number for discretionary spending, as the House did last month. The Senate may propose topline spending levels that keep discretionary spending flat with FY19 levels. And the Senate could begin marking up as early as June. Senate Homeland Security Appropriations Subcommittee Chairwoman Shelley Moore Capito said she heard that her subcommittee would mark up the third week of June. 

FY2020 Appropriations Bills Status

SubcommitteeHouse ActionSenate Action
Agriculture  
Commerce Justice ScienceSubcommittee: May 17Full Committee: May 22 
DefenseSubcommittee: May 15Full Committee: May 21 
Energy & WaterSubcommittee: May 15Full Committee: May 21 
Financial Services  
Homeland Security  
Interior EnvironmentSubcommittee: May 15Full Committee: May 22 
Labor HHS EducationSubcommittee: April 30Full Committee: May 8  
Legislative BranchSubcommittee: May 1Full Committee: May 9 
Military Construction VASubcommittee: May 1Full Committee: May 9 
State Foreign OperationsSubcommittee: May 10Full Committee: May 16 
Transportation HUD  

House Continues Marking Up FY20 Appropriations Bills

The House Appropriations Committee marked up their Labor HHS Education, Legislative Branch, and Military Construction-Veterans Affairs spending bills in full committee this week, and the State Foreign Operations spending bill in subcommittee. 

Labor HHS Education

The House Appropriations Committee approved the $189.876B FY20 Labor, Health and Human Services, Education, and Related Agencies bill and reported it out of committee by a vote of 30 to 23. The legislation includes funding for programs within the Departments of Labor, Health and Human Services, and Education, and other related agencies, including the Social Security Administration. The bill provides an increase of $11.8B over the FY19 enacted level and $48B over the President’s FY20 budget request.

The following amendments to the bill were adopted by the full Committee:

  • Rep. DeLauro #1 – The manager’s amendment makes technical and noncontroversial changes to the bill and report. The amendment was adopted by voice vote.
  • Rep. DeLauro #2 – The Chair’s amendment increases funding for several programs by allocating the remaining amount of funding available under the subcommittee allocation. It also includes several bill and report language provisions, including a general provision to maintain support for nonemergency medical transportation services for Medicaid beneficiaries who lack access to transportation to health care facilities. The amendment was adopted by voice vote.
  • Rep. Harris #1 – The amendment directs the Secretary of Homeland Security on how to allocate H-2B visas. The amendment was adopted by voice vote.
  • Rep. Graves – The amendment prohibits funds from being used to replace or diminish the quality of care provided by TRICARE or Medicare. The amendment was adopted by voice vote.
  • Rep. Lee – The amendment prohibits funds from being used to finalize, implement, or enforce a new Trump Administration rule that allows medical professionals and health workers to deny care based on personal beliefs. The amendment was adopted on a vote of 30 to 23.
  • Rep. Harris #3 – The amendment increases funding for the Strategic National Stockpile by $300 million using unobligated balances from the Children’s Health Insurance Program to pay for the increase. The amendment was adopted by voice vote.

FY20 Labor HHS Education Bill Text

https://docs.house.gov/meetings/AP/AP00/20190508/109441/BILLS-116-FC-AP-FY2020-AP00-FY2020Labor-HHS-EducationFullCommitteeDraftBill.pdf

FY20 Labor HHS Education Report

https://docs.house.gov/meetings/AP/AP00/20190508/109441/HRPT-116-FY2020_LHHSED_Report.pdf

OMB Letter to House Chairwoman Lowey re: FY20 Labor HHS Bill

https://www.whitehouse.gov/wp-content/uploads/2019/05/Lowey.pdf

Legislative Branch

The House Appropriations Committee approved their $3.972B FY20 Legislative Branch bill and reported it out of committee by a vote of 28 to 22. The legislation funds the Legislative Branch of the U.S. government, including the U.S. House of Representatives, Congressional Budget Office, and Capitol Police. The bill appropriates $164M more than what was enacted in FY19. It also restarts the Office of Technology Assessment, boosts funding for intern compensation, and permits “Dreamers” to work on the Hill. In keeping with longstanding practice whereby each chamber of Congress determines its own housekeeping requirements and the other concurs without intervention, the House bill does not include funds for the Senate or for Senate office buildings.

FY20 Legislative Branch Bill Text

https://docs.house.gov/meetings/AP/AP00/20190509/109454/BILLS-116-FC-AP-FY2020-AP00-FY2020LegislativeBranch.pdf

FY20 Legislative Branch Report

https://docs.house.gov/meetings/AP/AP00/20190509/109454/HRPT-116-FY2020_LegBranch_Report.pdf

OMB Letter to House Chairwoman Lowey re: FY20 Legislative Branch Bill

https://www.whitehouse.gov/wp-content/uploads/2019/05/letter_fy2020_legislative_branch_appropriations_bill.pdf

Military Construction-Veterans Affairs

The House Appropriations Committee approved the $108.1B FY20 Military Construction, Veterans Affairs, and Related Agencies bill and reported it out of committee by a vote of 31 to 21. The legislation funds the Department of Defense, Department of Veterans Affairs, and other related agencies, including the American Battle Monuments Commission and Armed Forces Retirement Home. The bill provides $10.1 billion above the FY19 enacted level. The $108.1B funding level includes $921M in Overseas Contingency Operations (OCO) funding as well as $2B for emergency needs related to Hurricanes Michael and Florence at military bases in North Carolina and Florida.

The bill included bill text and report language barring President Trump from using military constructing money to fund his border wall. Rep. Andy Harris (R-MD) offered an amendment during the full committee markup to eliminate this provision. The amendment was defeated by a vote of 22 to 31. Rep. Judge Carter (R-TX) then offered an amendment to add $7.2B to the bill for border security. His amendment also was defeated by a vote of 21 to 31. This language is unlikely to survive in the Senate, and is specifically called out in Acting OMB Director Russell Vought’s letter to House Appropriations Committee Chairwoman Nita Lowey (D-NY). 

FY20 Military Construction-Veterans Affairs Bill Text

https://docs.house.gov/meetings/AP/AP00/20190509/109454/BILLS-116–AP-FY2020-AP00-FY2020MilitaryConstructionandVeteransAffairs.pdf

FY20 Military Construction-Veterans Affairs Report

https://docs.house.gov/meetings/AP/AP00/20190509/109454/HRPT-116-FY2020_MILCON_Report.pdf

OMB Letter to House Chairwoman Lowey re: FY20 MilCon-VA Bill

https://www.whitehouse.gov/wp-content/uploads/2019/05/letter_fy2020_militaryconstruction_va_appropriations_bill.pdf

State Foreign Operations

The House Appropriations Subcommittee on State, Foreign Operations, and Related Programs approved its FY20 bill by voice vote. In total, the bill provides $56.4B in base discretionary funding—$2.2B above the FY19 enacted level and $13.7B above the President’s FY20 budget request. The funding level includes $8B in OCO funding. The committee rejected the administration’s proposed steep cuts to diplomacy and foreign aid. The bill next heads to the full Committee for markup.

FY20 State Foreign Operations Bill Text

https://docs.house.gov/meetings/AP/AP04/20190510/109464/BILLS-116–AP-FY2020-StateForOp-FY2020DepartmentofStateForeignOperationsandRelatedProgramsSubcommitteeBill.pdf

FY2020 Appropriations Bills Status

SubcommitteeHouse ActionSenate Action
Agriculture  
Commerce Justice Science  
DefenseSubcommittee: May 15 
Energy & Water  
Financial Services  
Homeland Security  
Interior Environment  
Labor HHS EducationSubcommittee: April 30Full Committee: May 8  
Legislative BranchSubcommittee: May 1Full Committee: May 9 
Military Construction VASubcommittee: May 1Full Committee: May 9 
State Foreign OperationsSubcommittee: May 10 
Transportation HUD  

House Begins Work on FY20 Appropriations Bills

The House kicked off the FY20 appropriations process this week and marked up three of their annual spending bills. All bills are expected to be marked up in the full committee next week. On the Senate side, Senate Appropriations Committee Chairman Richard Shelby (R-AL) said that he is waiting to see if congressional leaders can reach agreement on the spending caps before he starts marking up the FY20 spending bills.

 FY19 EnactedFY20 (Cap)FY20 President’s Budget RequestFY20 House Budget CommitteeFY21 (Cap)FY21 House Budget Committee
Defense$647.0B$576.2B$576.0B$664.0B$590.1B$680.119B
OCO & Emergency Defense$69.0B $174.0B$69.0B $69.0B
Total Defense$716.0B$576.2B$750.0B$733.0B$590.1B$749.119B
       
Non-Defense$597.0B$542.1B$543.0B$631.018B$554.6B$646.056B
OCO Non-Defense$8.0B  $8.0B $8.0B
Disaster Relief$12.0B $19.0B   
Program Integrity Init.$1.897B $2.0B   
Emergency Require.$1.68B     
Wildfire Suppression  $2.0B   
Total Non-Defense$620.577B$542.1B$567.0B$639.018B$554.6B$654.056B

Labor HHS Education

The House Labor HHS Education Appropriations Subcommittee marked up its FY20 spending bill this week and passed it out of subcommittee by voice vote that appeared to be along party lines. 

The bill provides $189.8B in discretionary funding; an increase of $11.7B over FY19 enacted levels and $47.8B over the President’s FY20 budget request. The Department of Labor is funded at $13.3B ($1.2B above FY19 and $2.4B above the President’s budget request), the Department of Health and Human Services is funded at $99.0B ($8.5B above FY19 and $20.9B above the President’s budget request), and the Department of Education is funded at $75.9B ($4.4B above FY19 and $11.9B above the President’s budget request). The bill also provides $1.14B for the Corporation for National and Community Service, $495M for the Corporation for Public Broadcasting, $257M for the Institute of Museum and Library Services, $342M for the National Labor Relations Board, and $13B for the Social Security Administration’s operating expenses.

Bill Text

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20LHHS%20Sub%20Markup%20Draft.pdf

Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-labor-hhs-education-funding

Legislative Branch

The House Legislative Branch Appropriations Subcommittee marked up its FY20 spending bill in subcommittee this week and also approved it by a party line voice vote. 

The bill appropriates $3.943B for the legislative branch, $135M or 3.6% above FY19. In keeping with longstanding practice whereby each chamber of Congress determines its own requirements and the other concurs without intervention, the bill does not include funds for the Senate or for Senate office buildings. 

The bill includes an $11M funding increase to allow Congressional offices to pay their interns. It also restores the Office of Technology Assessment, which helps Congress understand the potential and the risks of technology developments and the policy options for addressing issues those developments raise. The bill also includes funding for the Government Accountability Office (GAO) (a $26M increase), the Architect of the Capitol (a $26M decrease), the Capitol Police (a $7M increase), and the Library of Congress (a $24M increase). Finally, the bill includes language permitting the Legislative Branch agencies to employ “Dreamers” – residents of the U.S. brought to the U.S. as children without proper immigration status – who hold employment authorization under the DACA program.

Bill Text

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20Leg%20Branch%20Sub%20Markup%20Draft.pdf

Summary

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20Leg%20Branch%20Sub%20Markup%20Draft.pdf

Military Construction-Veterans Affairs

The House Military Construction-Veterans Affairs (MilCon-VA) Appropriations Subcommittee marked up its FY20 funding bill this week and approved it by voice vote (mostly along party line votes as Ranking Member Granger voted no, but Rep. Carter voted yes). 

The bill funds the Department of Defense, Department of Veterans Affairs, and other related agencies, including the American Battle Monuments Commission and Armed Forces Retirement Home. In total, the legislation provides $108.1B in discretionary funding – $10B above the FY19 enacted level. This includes $921M in Overseas Contingency Operations (OCO) funding as well as $2B for emergency needs related to Hurricanes Michael and Florence at military bases in North Carolina and Florida.

Within this total, discretionary funding for the Department of Veterans Affairs (VA) is increased by $7.8B (9%) over the FY19 enacted level, including funding to increase access to services for veterans, and to increase oversight and accountability within the department. Funding for military construction is 

Bill Text

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/FY2020%20MilCon-VA%20Sub%20Markup%20Draft.pdf

Summary

https://appropriations.house.gov/news/press-releases/appropriations-committee-releases-fiscal-year-2020-military-construction

FY2020 Appropriations Bills Status

SubcommitteeHouse ActionSenate Action
Agriculture  
Commerce Justice Science  
DefenseSubcommittee: May 15 
Energy & Water  
Financial Services  
Homeland Security  
Interior Environment  
Labor HHS EducationSubcommittee: April 30  
Legislative BranchSubcommittee: May 1  
Military Construction VASubcommittee: May 1 
State Foreign Operations  
Transportation HUD  

House to Begin Marking Up FY20 Spending Bills Next Week

The House Appropriations Committee will kick off its markups of FY20 spending bills next week with the Labor-HHS-Education and Legislative Branch measures all going before their respective subcommittees. The Labor-HHS-Education bill will be marked up in subcommittee April 30, and in full committee on May 8. The Military Construction-VA and Legislative Branch bills will be marked up in their respective subcommittees on May 1. The committee is expected to approve suballocations, known as 302(b)s, for the 12 spending bills at that May 8 full committee markup.

The Appropriations Committee also is looking at marking up the Defense bill soon, though no date has been set. Energy-Water also could be one of the first several bills to be marked up.

House Appropriations Chairwoman Nita Lowey (D-NY) is writing the bills to the $664B defense limit and $631B nondefense limit as the House adopted on April 9 an informal “deeming” resolution (H.Res. 293) that sets an overall discretionary topline of $1.295 trillion.

FY2020 Appropriations Bills Status

SubcommitteeHouse ActionSenate Action
Agriculture  
Commerce Justice Science  
Defense  
Energy & Water  
Financial Services  
Homeland Security  
Interior Environment  
Labor HHS EducationSubcommittee: April 30  
Legislative BranchSubcommittee: May 1  
Military Construction VASubcommittee: May 1  
State Foreign Operations  
Transportation HUD  

House Budget Committee Passes Bill Raising FY20 Budget Caps

Earlier this week House Democrats on the Budget Committee released the text of their draft bill to raise the discretionary spending caps for FY20 and FY21 by $356B. The bill sets the FY20 defense spending cap at $733B and the non-defense spending at $639B for FY20. 

The House Budget Committee met on Wednesday and approved the bill by a vote of 19-17. All of the votes in favor of passage were from Democrats while three Democrats joined all 14 Republicans in voting against the measure. Reps. Ro Khanna (D-CA), Ilhan Omar (D-MN), and Pramila Jayapal (D-WA) all voted against the bill because it raises defense spending caps. The bill could be on the House floor next week, but it will have a tough time getting passed, and it isn’t likely to be considered by the Republican-controlled Senate. But it serves as a starting point for negotiations on raising the spending caps for FY20 and FY21.

 FY19 EnactedFY20 (Cap)FY20 President’s Budget RequestFY20 House Budget CommitteeFY21 (Cap)FY21 House Budget Committee
Defense$647.0B$576.2B$576.0B$664.0B$590.1B$680.119B
OCO & Emergency Defense$69.0B $174.0B$69.0B $69.0B
Total Defense$716.0B$576.2B$750.0B$733.0B$590.1B$749.119B
       
Non-Defense$597.0B$542.1B$543.0B$631.018B$554.6B$646.056B
OCO Non-Defense$8.0B  $8.0B $8.0B
Disaster Relief$12.0B $19.0B   
Program Integrity Init.$1.897B $2.0B   
Emergency Require.$1.68B     
Wildfire Suppression  $2.0B   
Total Non-Defense$620.577B$542.1B$567.0B$639.018B$554.6B$654.056B

Attorney General Sends Congressional Leaders Letter Summarizing Special Counsel Mueller’s Report

U.S. Attorney General William Barr sent a letter to Congressional leaders on Sunday summarizing Special Counsel Robert Mueller’s findings. While the President described it as “total exoneration,” the AG’s summary is a little more complicated.

On May 17, 2017, Deputy Attorney General Rod Rosenstein appointed former FBI Director Robert Mueller as Special Counsel to conduct the investigation of any links and/or coordination between the Russian government and individuals associated with the Trump campaign, any matters that arose or may arise directly from the investigation, and any federal crimes committed in the course of, and with intent to interfere with, the Special Counsel’s investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses. (Special Counsel Order:https://www.justice.gov/opa/press-release/file/967231/download

During the investigation, Special Counsel Mueller indicted 34 people and three entities on 200 separate criminal charges. In February 2018, 13 Russian nationals and three Russian entities were charged with conspiring to defraud the United States and interfere with the 2016 presidential election. One of the entities was the Internet Research Agency, a Kremlin-linked company that engages in influence operations. In July 2018, Special Counsel Mueller indicted an additional 12 Russian intelligence officers for their role in the hacking of the Democratic National Committee, the Democratic Congressional Campaign Committee, and the Clinton campaign, and leaking of emails and documents. In addition to the Russian nationals and entities, the Special Counsel indicted the President’s campaign chairman (Paul Manafort) and his top deputy (Rick Gates), his campaign adviser and national security adviser (Ret. Lt. Gen. Michael Flynn), two other campaign advisers (Roger Stone and George Papadopoulos), his personal lawyer (Michael Cohen), a Dutch attorney (Alex Van Der Zwaan), a California man with no connection to the Trump campaign (Richard Pinedo), and a Russian woman living in the U.S. (Maria Butina).

Special Counsel Mueller delivered his final report to U.S. Attorney General Barr last Friday. AG Barr and Deputy AG Rosenstein spent the weekend reviewing the 300-page report and preparing a summary for Congress. 

The Special Counsel’s report was divided into two sections: the first was on Russian interference in the 2016 elections and the second was on the question of obstruction of justice. AG Barr summarized that the Special Counsel did not find evidence of conspiracy to the rigorous standards of the criminal law that anyone associated with the Trump campaign knowingly conspired with Russia’s efforts to influence the 2016 presidential campaign. 

On obstruction of justice, the Special Counsel did not draw a conclusion one way or the other. Instead, the report set out evidence on both sides and left it up to the AG to determine whether the conduct the Special Counsel described in the report constituted a crime. AG Barr and Deputy AG Rosenstein concluded from the report that there was not sufficient evidence to establish that the President committed an obstruction of justice offense. However, AG Barr noted that the Special Counsel wrote, “while this report does not conclude that the President committed a crime, it also does not exonerate him.” 

AG Barr indicated that more material from the report is forthcoming as it is his goal to release as much of it as possible. First DOJ must review what material in the report could be subject to Federal Rule of Criminal Procedure 6(e), which imposes restrictions on the use and disclosure of information relating to matters occurring before a grand jury. And Special Counsel Mueller referred several matters to other offices, including the U.S. Attorney for the Southern District ofNY, for further action. The AG must identify any information in the report that could impact those matters before releasing it to Congress or the public.

Attorney General Barr Letter to Congress re: Mueller Report

https://www.scribd.com/document/402973432/AG-March-24-2019-Letter-to-House-and-Senate-Judiciary-Committees#from_embed

President Delivers FY20 Budget to Congress

The President delivered the overview of his FY20 budget to Congress this week. The budget justification details for each agency will be made available next week. The President requested $750B in defense funding with $174B of that from Overseas Contingency Operations (OCO) and $543B in nondefense funding with an additional $24B in OCO for nondefense emergency spending. Assuming the very rosy economic scenarios of a 3.2% growth rate this year that are included in the budget request (CBO projects a 2.3% growth rate), deficits will gradually decline but will not be eliminated for 15 years. And the budget request assumes much steeper cuts in later years.

Now that the President’s FY20 budget request has been delivered to Congress, the House and Senate can begin the budget resolution process. House Democrats may forgo a vote on a budget resolution this year rather than divide their caucus over whether to push for an increase or decrease in military spending. The Progressive Caucus members may vote against a budget resolution with an increase in defense spending. House Budget Committee John Yarmuth (D-KY) said that if his committee marks up a budget resolution, then he expects it to go to the House floor for a vote. On the Senate side, Senate Budget Committee Chairman Mike Enzi (R-WY) said he has not received a commitment that the FY20 budget resolution he is writing will go to the Senate floor for a vote. Enzi is expected to write the Senate budget resolution to the stator caps proposed in the President’s budget request.

In the event that the House and Senate don’t pass FY20 budget resolutions, House and Senate leadership are discussing potentially agreeing on spending limits to allow the FY20 appropriations process to go forward. Senate Republicans will be under pressure from the White House to increase the overall defense spending while holding nondefense to the budgetary cap. Senate Appropriators may use FY19 toplines for defense and nondefense programs as a fallback for FY20 if an agreement isn’t reached before they begin consideration of their 12 annual spending bills.

The FY19 enacted levels for defense and nondefense spending (including OCO) were $716B and $620.6B, respectively.

 FY20 (cap)FY20 PresidentFY21 (cap)
Defense$630.0B$576.0B$644.0B
OCO Defense $174.0B 
Non-Defense$578.0B $590.0B
OCO Nondefense   

Agriculture

The 2020 Budget requests $20.8 billion for USDA, a $3.6 billion or 15-percent decrease from the 2019 estimate (including changes in mandatory programs and receipts). 

Commerce

The Budget requests $12.2 billion for DOC, a $1.0 billion or a 9.3-percent increase from the 2019 estimate. 

Defense

The Budget requests $718 billion for DOD, a $33 billion or 5-percent increase from the 2019 enacted level. 

Education

The Budget requests $62.0 billion for the Department of Education, an $8.5 billion or 12.0-percent decrease compared to the 2019 enacted level (including cancellations of Pell Grant unobligated balances). Excluding cancellations, the Budget requests a program level of $64.0 billion for the Department of Education, a $7.1 billion or 10.0-percent decrease compared to the 2019 enacted level. 

Energy

The 2020 Budget requests $31.7 billion for DOE, an 11-percent decrease from the 2019 enacted level. 

Health and Human Services

The 2020 Budget requests $87.1 billion for HHS, a 12-percent decrease from the 2019 estimated level. The Budget proposes $1,248.8 billion in net mandatory health savings, reducing longer-term deficits. 

Homeland Security

The 2020 Budget requests $51.7 billion in discretionary appropriations for DHS, a $3.7 billion or 7.8-percent increase from the 2019 estimate (excluding 2019 amounts for Overseas Contingency Operations). 

Housing and Urban Development

The Budget requests $44.1 billion in gross discretionary funding for HUD, an $8.7 billion or 16.4-percent decrease from the 2019 estimate. 

Interior

The Budget requests $12.5 billion for DOI, a $2 billion or 14-percent decrease from the 2019 estimate (including 2019 changes in mandatory programs). 

Justice

The Budget requests $29.2 billion for the Department of Justice, a $698 million or 2-percent decrease from the 2019 estimate. The Budget targets funding increases to support public safety and national security while reducing or eliminating lower priority spending. 

Labor

The Budget requests $10.9 billion for DOL, a $1.2 billion or 9.7-percent decrease from the 2019 enacted level. 

State

The Budget requests $40.0 billion for the Department of State and USAID, a $12.3 billion or 23-percent decrease from the 2019 estimate. The Budget also requests $1.6 billion for Department of the Treasury international programs, approximately equal to the 2019 estimate. 

Transportation

The Budget requests $21.4 billion in discretionary budget authority for 2020, a $5.9 billion or 22-percent decrease from the 2019 discretionary estimate. The Budget also provides $62.2 billion in mandatory funds and obligation limitations. 

Treasury

The Budget also proposes a program integrity initiative to narrow the gap between taxes owed and taxes paid that is estimated to reduce the deficit by $33 billion over 10 years. 

Veterans Affairs

The Budget requests $93.1 billion for VA, a $6.5 billion or 7.5-percent increase from the 2019 enacted level. In addition, the Budget requests $87.6 billion in advance appropriations for VA medical care programs in 2021 to ensure the Department has sufficient resources to continue providing the premier services that veterans have earned. The request also includes new legislative authorities and $123.1 billion in mandatory budget authority, including $129.5 billion in 2021 advance appropriations for other critical veteran and survivor benefits. 

NASA

The Budget requests $21 billion for NASA, a $283 million or 1.4-percent increase from the 2019 estimate. 

House Passes Joint Resolution Terminating President’s Emergency Declaration

The House passed H.J. Res. 46, a joint resolution that would terminate a national emergency regarding border security that was declared by the President on February 15, 2019.The resolution passed by a vote of 245 to 182 with thirteen Republicans (Amash-MI, Fitzpatrick-PA, Gallagher-WI, Herrera Beutler-WA, Hurd-TX, Johnson-SD, Massie-KY, Rodgers-WA, Rooney-FL, Sensenbrenner-WI, Stefanik-NY, Upton-MI, Walden-OR) joining all Democrats in voting for the measure. House Minority Whip Steve Scalise said that while he hoped the Senate would block disapproval Trump’s national emergency regarding border security, he thought it would have no chance of a veto override in the House.

Sens. Susan Collins (R-ME), Tom Udall (D-NM), Jeanne Shaheen (D-NH) and Lisa Murkowski (R-AK) introduced companion legislation to H.J. Res 46 in the Senate. Senate Majority Leader Mitch McConnell (R-KY) said it would be reasonable to expect the Senate would vote on S.J. Res. 10before the next recess week, which is the week of March 18. Democrats need at least four Republicans to vote in support of the resolution. Once again, even it passes the Senate, it almost certainly won’t become law as the President will veto it and the House and Senate won’t have the two-thirds majority votes to override his veto.

House Judiciary Committee Chairman Jerrold Nadler (D-NY) has said that Congress should consider amending the National Emergencies Act of 1976 (P.L. 94-412), the law that gives the President the power to declare emergencies of unlimited duration, so that emergency declarations expire after a certain period of time unless Congress ratifies them by law. The time period could be as short as 10 days.

White House Statement of Administration Policy on H.J. Res. 46

https://www.whitehouse.gov/wp-content/uploads/2019/02/saphj46h_20190226.pdf

House and Senate Complete Action on FY2019 Spending Bills

The House and Senate voted today on an FY19 appropriations conference report that includes the seven remaining spending bills. The Senate took up H.J. Res. 31 first and passed it by a vote of 83-16. The no votes were from Sens. Booker (D-NJ), Braun (R-IN), Cotton (R-AR), Cruz (R-TX), Gillibrand (D-NY), Harris (D-CA), Hawley (R-MO), Inhofe (R-OK), Lee (R-UT), Markey (D-MA), Paul (R-KY), Rubio (R-FL), Sasse (R-NE), Scott (R-SC), Toomey (R-PA), and Warren (D-MA). The House followed and passed the bill by a vote of 300 to 128. Nineteen Democrats and 109 Republicans voted against the measure.

The conference report included the Agriculture, Commerce-Justice-Science, Financial Services, Homeland Security, Interior-Environment, State-Foreign Operations, and Transportation-HUD FY19 spending bills. 

In order to get a final deal, conferees had to give up on including several other provisions that members were seeking, such as securing back pay for federal contractors who lost work during the 35-day partial shutdown, reauthorizing the Violence Against Women Act, retroactively extending expired tax credits, and stopping automatic spending cuts to mandatory programs under the 2010 pay-as-you-go law. 

The bill now goes to the President for his signature. President Trump indicated earlier today that he will declare an emergency in order to allow the administration to redirect funds to fund a wall on the southwest border. Senate Majority Leader Mitch McConnell (R-KY) and House Minority Leader Kevin McCarthy (R-CA) said they would support this move by the President. Not all Senate Republicans, including Senate Majority Whip John Cornyn (R-TX) are on board with an emergency declaration as it sets a dangerous precedent and undermines the role of Congress. House Armed Services Committee Ranking Republican Mac Thornberry (R-TX) encouraged the President not to divert significant Department of Defense funding for border security as it would have detrimental consequences for our troops and military infrastructure. House Democrats could pass legislation to block the President’s emergency declaration. They could also sue the President and challenge his emergency declaration in court. Republicans sued then-President Barack Obama in 2014 over the Affordable Care Act. It was the first time a district-court judge affirmed the right of the House of Representatives, as an institution, to sue a sitting President. 

Bill Text

https://docs.house.gov/billsthisweek/20190211/CRPT-116hrpt9_u2-.pdf

Joint Explanatory Statement

https://docs.house.gov/billsthisweek/20190211/116hrpt9-JointExplanatoryStatement-u1.pdf

House Democrat Summary

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/documents/Summary%20of%20Conference%20Report.pdf

Senate Democrat Summary

https://www.appropriations.senate.gov/imo/media/doc/Minibus%2019.pdf

Senate Republican Summary

https://www.appropriations.senate.gov/imo/media/doc/021319%20Combined%20Bill%20Summary.pdf