House and Senate Pass Border Security Emergency Spending Bill

The House was the first to take up the emergency border security spending bill (H.R. 3401) this week. They passed it on Tuesday evening by a vote of 230-195. Four Democrats (Ocasio-Cortez, Omar, Pressley, and Tlaib) voted against the measure and three Republicans (Fitzpatrick, Hurd, and Smith-NJ) voted for it. A manager’s amendment helped get it across the finish line. The amendment limited to 90 days the amount of time unaccompanied migrant children can spend in unlicensed facilities and required new standards and protocols that Customs and Border Protection officials would have to meet to ensure the health and safety of those in its custody. The White House issued a veto threat on the House-passed bill. 

The Senate then took up the House-passed bill. They first voted on the House bill and it failed by a vote of 37-55. Three Democrats voted agains the House-passed bill: Manchin-WV, Markey-MA, and Merkley-OR. The Senate then amended the House bill with its own bill (S. 1900) and passed it by a vote of 84-8. The eight Senators voting against the measure were Hirono (D-HI), Lee (R-UT), Markey (D-MA), Menendez (D-NJ), Merkley (D-OR), Paul (R-KY), Wyden (D-OR), and Van Hollen (D-MD).

The $4.59B bill then returned to the House. Democrats wanted to amend the Senate-passed bill to include more protections for unaccompanied children, but Senate Majority Leader Mitch McConnell (R-KY) said the Senate would table it. The House finally agreed to accept the Senate-passed version and passed it by a vote of 305-102 (95 Democrats and seven Republicans voted against it). The White House has said that the President will sign the bill. 

 White House RequestSenate BillHouse Bill
Homeland Security   
CBP Processing Centers$273M$793M$787.5M
Migrant Medical Care & Consumables$10M(consumables)$112M$92M (consumables)$20M (medical)
Physical Security$0M$0M$8M
Migrant Transportation$107.681M$35M$35M
Internal TDY/Overtime$80.336M$110M$90.6M
Volunteer Surge Force Reqs$59.434M$0M$5.1M
Countering Human Smuggling and Trafficking$15M$0M$0M
Detainee Medical Care$0M$45M$45M
Integrated Multi-Agency Processing Center Pilot Program$0M$0M$200M
Alternatives to Detention$0M$20M$20M
ICE Detention Beds$260.2M$0M$0M
ICE Family Detention Beds$81.724M$0M$0M
ICE Transportation$33.719M$48M$35.9M (UACs)$12M (Migrants)
BPA Pay and Retention Initiatives$107M$70M$0M
ICE Personnel$61M$0M$0M
HSI Counter-Human Trafficking Operations$0M$21M$0M
Background Investigations$0M$5M$10.2M
IT System Upgrades and Enhancements$10M$50M$50M
FEMA State/Local/Non-Profit Reimbursements for Homeless Migrants$0M$30M$60M
Health and Human Services   
Unaccompanied Children Beds$2.9B$2.88B$2.9B
Department of Defense   
Operation Guardian Support$377M$145M$0M
Department of Justice   
New Immigration Judge Teams/LOP$0M$65M$15M
U.S. Marshals Federal Prisoner Detention$155M$155M$155M

May 2019 OMB Letter to Congress Requesting Additional $4.5B

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

Senate Bill Text

https://www.appropriations.senate.gov/imo/media/doc/FY19%20Border%20Security%20Supplemental%20Appropriations%20Bill%20Text.pdf

Senate Summary

https://www.appropriations.senate.gov/imo/media/doc/FY19%20Border%20Security%20Supplemental%20Appropriations%20Summary.pdf

House Bill Text

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/LOWEY_018_xml%202019.6.21.0952.pdf

House Bill Summary

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/BORDER%20AID%20SUPPLEMENTAL%20SUMMARY.pdf

House Democratic Fact Sheet

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/House%20Border%20Supplemental%20Fact%20Sheet.pdf

House Comparison of House and Senate Bills

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/Comparison%20of%20House%20and%20Senate%20Emergency%20Border%20Supplementals.pdf

OMB Statement of Administration Policy on House Emergency Border Bill

https://www.whitehouse.gov/wp-content/uploads/2019/06/saphr3401r_20190624.pdf

CBO Cost Estimate

https://www.cbo.gov/system/files/2019-06/hr3401.pdf

Administration Updates Artificial Intelligence R&D Strategic Plan

On February 11, 2019, President Trump signed Executive Order (EO) 13859, which established the American Artificial Intelligence (AI) Initiative. The EO was in response to Chinese President Xi Jinping announcing that Beijing would invest as much as $150B to become a global leader in AI.

The first directive in the Executive Order was for Federal agencies to prioritize AI research and development (R&D) in their annual budgeting and planning process. Today, the administration released an updated research and development plan for AI technologies that adds to the strategy first published by the Obama Administration in 2016. The National AI R&D Strategic Plan: 2019 Update highlights the key priorities for Federal investment in AI R&D. 

In addition to reaffirming the seven strategies listed in 2016, the plan adds an eighth element calling for expanding public-private partnerships to accelerate advances in artificial intelligence, recognizing that the federal government cannot direct the national effort without collaborating with industry.

The eight strategies included in the plan are:

  • Make long-term investments in artificial intelligence research.
  • Develop effective methods for human-machine collaboration.
  • Understand and address ethical, legal and social implications of the technologies.
  • Ensure safety and security of systems.
  • Share federal, public data for training and testing of technologies.
  • Measure and evaluate technologies using standards.
  • Understand national workforce needs.
  • Expand public-private partnerships.

National Science and Technology Council National AI R&D Strategic Plan

https://www.whitehouse.gov/wp-content/uploads/2019/06/National-AI-Research-and-Development-Strategic-Plan-2019-Update-June-2019.pdf

FY2020 Appropriations Update

The House began consideration of its first FY20 minibus spending package on the floor while the Senate met with the White House to discuss raising overall spending limits for FY20. The House is scheduled to be in session 33 more days before the end of the fiscal year, and the Senate is scheduled to be in session 45 days. 

Senate

The Senate is likely to deem a topline spending level for FY20 if there isn’t a bipartisan agreement on overall spending levels with Democrats and the White House by the end of the July 4threcess. Senate Appropriators would use a “responsible” deemed level to begin action on their 12 annual spending bills in July and then adjust the numbers later after a bipartisan agreement emerges. House Budget Committee Chairman John Yarmuth (D-KY) said that if a two-year budget cap agreement can’t be reached, Democrats would likely accept a one-year agreement.

House

The House began consideration of its four-bill minibus appropriations package (H.R. 2740) this week, which included the Labor HHS Education, Defense, State Foreign Operations, and Energy & Water spending bills. The amendments considered this week focused on the Labor HHS Education and State Foreign Operations sections of the minibus package. They have numerous amendments to consider next week on the Defense and Energy & Water portions of the bill. After they complete consideration of H.R. 2740, the House will then consider a five-bill spending package (H.R. 3055), which includes the Commerce-Justice-Science, Agriculture, Interior, Military Construction-Veterans Affairs, and Transportation-HUD spending bills. 

It is Majority Leader Steny Hoyer’s (D-MD) intention still to finish all 12 spending bills this work period (i.e. before the July 4th recess). Once these two minibus packages are done, the three remaining bills are the Legislative Branch, Homeland Security, and Financial Services bills. The Legislative Branch bill was originally part of H.R. 2740, but was pulled from the minibus package because it contained the first pay raise for Congress since 2009 and put at risk some politically vulnerable Democrats.

White House Statement of Administration Policy on H.R. 2740

https://www.whitehouse.gov/wp-content/uploads/2019/06/SAP_HR-2740.pdf

SubcommitteeFY19 Funding (Enacted)FY20 House 302(b)FY20 Senate 302(b)
Agriculture$23.0B$24.310B 
CJS$64.1B$66.395B 
CJS 2020 Census $7.500B 
Defense$606.5B$622.082B 
DOD OCO $68.079B 
Energy & Water$44.6B$46.413B 
Financial Services$23.4B$24.550B 
Homeland Security$49.4B$49.736B 
Interior$35.6B$37.277B 
Interior Wildfires $2.250B 
Labor HHS Ed$178.1B$191.718B 
Legislative Branch$4.8B$5.010B 
MilCon-VA$97.1B$105.217B 
MilCon-VA OCO $0.921B 
State Foreign Ops$46.2B$48.381B 
State OCO $8.000B 
Transportation HUD$71.1B$75.771B 

Financial Services and General Government

The House Appropriations Committee approved its $24.55B FY20 Financial Services and General Government spending bill and reported it out by a party-line vote of 30-21. The bill is funded at $1.4B above FY19 enacted levels and $355.5M above the President’s FY20 budget request. The bill includes $400M under a discretionary program integrity cap adjustment for the Internal Revenue Service (IRS) to fund new and continuing investments to expand and improve the effectiveness of the IRS’ overall tax enforcement program. The Technology Modernization Fund is funded at $35M, far short of the $150M the President requested in his FY20 budget request, but $10M more than what was appropriated in FY19. And, the bill includes a provision to increase Federal civilian pay by 3.1% in 2020.

The bill also removes several preexisting policy riders for the District of Columbia: 

  • Eliminates a ban on the use of local funds for abortion services
  • Eliminates a ban on the use of local funds to legalize marijuana
  • Eliminates a ban on the use of funds for needle exchange programs
  • Eliminates a provision appropriating local District funds

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

  • Rep. Quigley – The manager’s amendment makes technical and noncontroversial changes to the bill and report. The amendment was adopted by voice vote.
  • Rep. Cuellar – The amendment adds report language on ensuring adequate capacity at land ports of entry for processing of asylum seekers. The amendment was adopted by voice vote.

FY20 Financial Services and General Government Bill Text

https://docs.house.gov/meetings/AP/AP23/20190603/109588/BILLS-116-SC-AP-FY2020-FServices-FY2020FinancialServicesDraftBill.pdf

FY20 Financial Services and General Government Bill Summary

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

FY20 Financial Services and General Government Report Language

https://docs.house.gov/meetings/AP/AP00/20190611/109632/HMKP-116-AP00-20190611-SD003.pdf

OMB Letter to Chairwoman Lowey

https://www.whitehouse.gov/wp-content/uploads/2019/06/FSGG-Lowey.pdf

Homeland Security

The House Appropriations Committee approved its $63.8B FY20 Homeland Security spending bill and reported it out by a vote of 29 to 20. The bill is funded at $2.2B above FY19 enacted levels but $1.9B below the President’s FY20 budget request.

The bill includes no funding for the President’s border wall, additional Border Patrol Agents or Border Patrol checkpoints. It also rescinds $601M from the Customs and Border Protection Procurement, Construction and Improvements account that was appropriated in the FY19 omnibus spending bill. This is the same amount that the President wanted to divert from the Treasury Forfeiture Fund for border wall construction.

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

  • Rep. Roybal-Allard – The manager’s amendment makes technical and noncontroversial changes to the bill and report. The amendment was adopted by voice vote.
  • Rep. Wasserman Schultz – For a provision in the bill mandating access by Members of Congress to detention facilities for oversight purposes, the amendment strikes a requirement that Members provide 24-hour advance notice. The amendment was adopted by voice vote.
  • Rep. DeLauro – The amendment adds bill language extending the deadline for FEMA to consider the re-submission of a request for Individual Assistance related to the removal of debris from private property for major disasters occurring on or after May 1, 2018, and requiring FEMA to reconsider such re-submissions. The amendment also adds report language requiring FEMA to provide a related briefing to the Committee. The amendment was adopted by voice vote.
  • Rep. Price, cosponsored by Reps. Aguilar, Lee, Pocan – The amendment prohibits the use of funds for various Trump administration policies, including the detention or removal of DACA recipients and certain ICE and CBP raids and other immigration enforcement activities. The amendment was adopted on a vote of 28 to 21.
  • Rep. Cuellar, cosponsored by Rep. Newhouse – The amendment adds bill language authorizing the use of the H-2A program for agricultural jobs that are not temporary or seasonal in nature. The amendment was adopted by voice vote.
  • Rep. Pingree, cosponsored by Reps. Harris, Ruppersberger – The amendment increases the annual cap on H-2B visas. The amendment was adopted by voice vote.

FY20 Homeland Security Bill Text

https://docs.house.gov/meetings/AP/AP15/20190605/109599/BILLS-116-SC-AP-FY2020-HSecurity.pdf

FY20 Homeland Security Bill Summary

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

FY20 Homeland Security Report Language

https://docs.house.gov/meetings/AP/AP00/20190611/109632/HRPT-116-FY2020_Homeland_Report.pdf

OMB Letter to Chairwoman Lowey

https://www.whitehouse.gov/wp-content/uploads/2019/06/DHS-Lowey.pdf

FY2020 Appropriations Bills Status

SubcommitteeHouse ActionSenate Action
AgricultureSubcommittee: May 23Full Committee: June 4 
Commerce Justice ScienceSubcommittee: May 17Full Committee: May 22 
DefenseSubcommittee: May 15Full Committee: May 21 
Energy & WaterSubcommittee: May 15Full Committee: May 21 
Financial ServicesSubcommittee: June 3Full Committee: June 11 
Homeland SecuritySubcommittee: June 5Full Committee: June 11 
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 23Full Committee: June 4