House and Senate Conference on MilCon-VA, E&W, Leg Branch Minibus

The House and Senate were scheduled to begin conference negotiations on the minibus package (H.R. 5895) that includes the FY19 Energy & Water, Military Construction-Veterans Affairs, and Legislative Branch spending bills, but postponed the meeting. Conferees gave different reasons for the postponement. House Republicans said it was due to scheduling conflicts. Senate Appropriations Committee Chairman Richard Shelby (R-AL) said the meeting was scuttled because there is more work to be done on funding for veterans’ health care (i.e. how to pay for a shortfall in the Veterans Choice Program). More work needs to be done behind the scenes before the conference committee can officially gather. Lawmakers are hoping to pass this minibus measure by September in an effort to show progress in fixing what many describe as a broken appropriations process.

The House appointed its conferees before the July 4^threcess, and the Senate signed off on its conferees this week. Conferees for the Senate are: Chairman Shelby (R-AL), Alexander (R-TN), Boozman (R-AR), Daines (R-MT), Lankford (R-OK), Ranking Member Leahy (D-VT), Feinstein (D-CA), Schatz (D-HI), and Murphy (D-CT). Conferees for the House are: Chairman Frelinghuysen (R-NJ), Simpson (R-ID), Carter (R-TX), Fortenberry (R-NE), Calvert (R-CA), Fleischmann (R-TN), Herrera Beutler (R-WA), Taylor (R-VA), Ranking Member Lowey (D-NY), Kaptur (D-OH), Wasserman Schultz (D-FL), Ryan (D-OH), and Visclosky (D-IN).

In related news, the Senate voted 94-5 this week to pass a motion by Sen. Bill Cassidy (R-LA) instructing conferees negotiating the appropriations bill to reauthorize the National Flood Insurance Program until January 31, 2019. The current authorization expires at the end of this month. Senators voting against the motion were Barrasso (R-WY), Enzi (R-WY), Flake (R-AZ), Lankford (R-OK), and Lee (R-UT).

House Floor Next Week

The full House of Representatives will consider the FY19 Interior-Environment and Financial Services appropriations bills on House floor next week. Members had until 10 am on Wednesday to file amendments to the bill – 160 were submitted for the Interior division of the bill and 76 were submitted for the Financial Services division of the bill.

House FY19 Labor HHS Education Appropriations Bill

The House Appropriations Committee marked up its $177.1B FY19 Labor HHS Education spending bill this week and passed it out of committee by a party line vote of 30-22. Before approving the bill, House appropriators added about $200M for programs ranging from school safety initiatives to substance abuse treatment in a manager’s package. Committee aides said the original draft bill was $200M below the amount it was allowed to spend for “advance appropriations” for FY2020. Advance appropriations are typically used for some education programs since the school year straddles two fiscal years; so $200M in proposed special education funds were shifted to FY2020.

The following amendments were adopted during full committee consideration:

• Cole –The amendment makes technical and non-controversial changes to the bill and report. The amendment was adopted on a voice vote.
• DeLauro –The amendment requires HHS to submit a plan to reunify immigrant children with their parents. The amendment was adopted on a voice vote.
• Cole –The amendment clarifies standards for family detention. The amendment would permit detention of families as a unit. The amendment was adopted on a vote of 31-21.
• Pingree– The amendment supports efforts to house immigrant children who are siblings together. The amendment was adopted on a voice vote.
• Aderholt –The amendment prohibits discrimination against a child welfare service provider based on the provider’s religious or moral beliefs. The amendment was adopted on a vote of 29-23.
• Clark– The amendment prohibits the administration of medication to unaccompanied alien children unless certain conditions deem such medication medically necessary. The amendment was adopted on a voice vote.
• Pocan –The amendment expresses a sense of Congress regarding family separations and the reunification of immigrant families. The amendment was adopted on a voice vote.
• Wasserman Schultz– The amendment requires an Inspector General report on family separation and reunification politics. The amendment was adopted on a voice vote.
• Ruppersberger– The amendment reaffirms HHS statutory responsibilities for unaccompanied alien children. The amendment was adopted on a voice vote.
• DeLauro– The amendment directs $10 million to fund mental health services for children separated from their families at the border. The amendment was adopted on a voice vote.
• Clark –The amendment prohibits funding for HHS to use questions of religion in the process of family reunification. The amendment was adopted on a voice vote.
• Clark– The amendment requires a report on pre-literate unaccompanied alien children. The amendment was adopted on a voice vote.
• Kaptur –The amendment adds language to protect personal and genetic information of children and adults if used in the process of family reunification. The amendment was adopted on a voice vote.
• Clark– The amendment requires a report on the mental health of separated children. The amendment was adopted on a voice vote.
• McCollum– The amendment allows for student loan deferment for those undergoing cancer treatment. The amendment was adopted on a voice vote.
• Kaptur –The amendment requires a report on prescription drug prices. The amendment was adopted on a vote of 26-25.
• Cole –The amendment adds language related to student loan collection, requiring performance metrics be met before certain Federal Student Aid agency employees can receive a performance bonus. The amendment was adopted on a voice vote.
• Price –The amendment changes language in the Managers Amendment and the Committee report to include reporting requirements related to the separation of children and the reunification process. The amendment was adopted on a voice vote.

House FY19 Labor HHS Education Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP07/20180615/108431/BILLS-115-SC-AP-FY2019-LaborHHS-LaborBill.pdf

House FY19 Labor HHS Education Appropriations Report Language

https://appropriations.house.gov/uploadedfiles/labor_report.pdf 

House FY19 Labor HHS Education Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395353

OMB Letter to House Appropriators on FY19 Labor HHS Education Bill

https://www.whitehouse.gov/wp-content/uploads/2018/06/House-LHHS-Frelinghuysen.pdf

Senate

Senate Appropriations Committee Chairman Richard Shelby (R-AL) said this week that he hopes to bring the FY19 Defense appropriations bill to the Senate floor before the end of the month (likely the week of July 23). He added that the bill could be paired with the FY19 Labor HHS Education spending bill.

Office of Management and Budget Director Mick Mulvaney sent three separate letters to the Senate Appropriations Committee regarding their State Foreign Operations, Financial Services, and Homeland Security FY19 spending bills. While the letters point out concerns the administration has with specific funding levels included for programs in all three of the bills, they do not include a presidential veto threat. The Senate Appropriations Committee approved all three of these bills in full committee on June 21.

OMB Letter to Senate Appropriators re: State Foreign Operations Appropriations Bill

https://www.whitehouse.gov/wp-content/uploads/2018/07/Shelby_-SFA.pdf 

OMB Letter to Senate Appropriators re: Financial Services Appropriations Bill

https://www.whitehouse.gov/wp-content/uploads/2018/07/Shelby_FSGG.pdf

OMB Letter to Senate Appropriators re: Homeland Security Appropriations Bill

https://www.whitehouse.gov/wp-content/uploads/2018/07/Shelby_HomelandSecurity.pdf 

FY2019 Appropriations Bills Status

House

House FY19 Labor HHS Education Appropriations Bill

The House Appropriations Committee was scheduled to mark up its $177.1B FY19 Labor HHS Education spending bill this week but postponed the markup until next week as the Congressional Women’s Softball game, scheduled for Wednesday evening, meant there would be little time for the committee to consider the bill. The bill will now be marked up in full committee next Tuesday.

House FY19 Labor HHS Education Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP07/20180615/108431/BILLS-115-SC-AP-FY2019-LaborHHS-LaborBill.pdf

House FY19 Labor HHS Education Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395353 

House FY19 State Foreign Operations Appropriations Bill

The House Appropriations Committee approved its $54B FY19 State Foreign Operations spending bill this week by a vote of 30 to 21. The funding level is held steady from FY18 but is $11.8B more than the administration requested for FY19. The bill funds the State Department, the United States Agency for International development, and other international activities.

During consideration of the bill, the full committee adopted a manager’s amendment as well as an amendment offered by Rep. Wasserman Schultz (D-FL) that prohibits the use of funds to deny Members of Congress access to detention facilities housing foreign national minors in the U.S. Rep. Wasserman Schultz’s amendment was adopted by voice vote. The manager’s amendment included an authorization giving USAID greater flexibility for how economic support funds are spent to rebuild parts of Iraq destroyed by ISIS, addressed delays in issuing U.S. visas, recommended funds be used to combat human trafficking in Libya, and stressed the importance of sustainable development and human rights in Africa.

House FY19 State Foreign Operations Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP00/20180620/108462/BILLS-115HR-SC-AP-FY2019-AP00-State__Bill.pdf

House FY19 State Foreign Operations Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395349 

House FY19 State Foreign Operations Appropriations Report Language

https://docs.house.gov/meetings/AP/AP00/20180620/108462/HMKP-115-AP00-20180620-SD005.pdf 

OMB Letter to Chairman Frelinghuysen on FY19 State Foreign Ops Bill

https://www.whitehouse.gov/wp-content/uploads/2018/06/Frelinghuysen-SFO-Letter.pdf

Senate

The Senate Appropriations marked up three FY2019 spending bills (Financial Services, Homeland Security, and State Foreign Operations) in subcommittee and full committee this week. And the full Senate began consideration of it first FY19 minibus appropriations bill on the Senate floor this week. The Senate will resume consideration of the FY19 Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019 (H.R. 5895) next week.

White House Statement of Administration Policy on H.R. 5895

https://www.whitehouse.gov/wp-content/uploads/2018/06/saphr5895s_20180620.pdf

Senate FY19 Financial Services Appropriations Bill

The Senate Appropriations Committee approved its $23.688B FY19 Financial Services spending bill in subcommittee and full committee this week, and reported the measure out of full committee by a vote of 31 to 0.

The FY19 recommended funding level is $16M above the FY18 enacted level. The bill provides $728M for the Executive Office of the President ($2.6M above FY18), $7.251B for the federal judiciary ($140M above FY18), $699.3M for the Small Business Administration ($1M over FY18), $1.695B for the Securities and Exchange Commission (equal to FY18), $281.5M for the Commodity Futures Trading Commission ($32.5M over FY18), $309.7M for the Federal Trade Commission ($3M over FY18), $333.1M for the Federal Communications Commission ($11M over FY18), $703.2M in federal payments to the District of Columbia ($18M less than FY18), $11.263B for the IRS ($75M over FY18), $250M for the Treasury Community Development Financial Institutions Fund (equal to FY18), $416M for the Office of National Drug Control Policy ($400K more than FY18), $126M for the Consumer Product Safety Commission (equal to FY18), and $9.633 for the GSA Federal Buildings Fund ($650M over FY18).

In addition to a 1.9% cost-of-living adjustment for federal civilian employees for CY2019, other noteworthy provisions in the bill include:

• A prohibition on funds for an increase in pay for the Vice President and other senior political appointees;
• A prohibition on funding for grants or contracts to tax cheats and companies with felony criminal convictions;
• A requirement that all departments and agencies link contracts that provide award fees to successful acquisition outcomes, and prohibit the use of funds to pay for award or incentive fees for contractors with below satisfactory performance; and
• A prohibition against the use of funds to paint portraits of federal employees, including the President, Vice President, Cabinet Members and Members of Congress; and
• A requirement that agency inspectors general have timely access to agency documents and records;

Senate FY19 Financial ServicesAppropriations Bill Text

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20FSGG%20Appropriations%20Act,%20S.3107.pdf 

Senate FY19 Financial ServicesAppropriations Bill Summary – Republicans

https://www.appropriations.senate.gov/news/senate-subcommittee-approves-fy2019-financial-services-and-general-government-appropriations-bill

Senate FY19 Financial ServicesAppropriations Bill Summary – Democrats

https://www.appropriations.senate.gov/news/minority/summary_–senate-subcommittee-approves-fy2019-financial-services-and-general-government-appropriations-bill

Senate FY19 Financial ServicesAppropriations Bill Report Language

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20FSGG%20Appropriations%20Act,%20Report%20115-281.pdf

Senate FY19 Homeland Security Appropriations Bill

The Senate Appropriations Committee approved its $55.15B FY19 Homeland Security spending bill in subcommittee and full committee this week, and reported the measure out of full committee by a vote of 26 to 5.

The FY19 recommended funding level includes $48.334 in base discretionary funding, which is $611M above the FY18 enacted level and $900M above the President’s FY19 budget request. The bill provides $14.256B for Customs and Border Protection ($239M above FY18), $7.21B for Immigration and Customs Enforcement ($134M above FY18), $4.843B for the Transportation Security Administration ($83M below FY18), $10.19B for the U.S. Coast Guard ($237M below FY18), $2.18B for the U.S. Secret Service ($173M above FY18), $1.95B for the National Protection and Programs Directorate ($38M above FY18), $11.69B for the Federal Emergency Management Agency ($96M above FY18), $813M for the Science and Technology Directorate ($28M less than FY18), $457M for the DNDO (equal to FY18), $1.076B for cybersecurity ($13M less than FY18), and $1.5B for DHS Departmental Management and Operations ($104M below the FY19 budget request).

The bill also requires the department to:

• Submit a report on visa overstays and publish border security metrics;
• Submit quarterly obligation and staffing plans and better details in budget justification;
• Report conference spending to the inspector general and limit the use of funds for certain conferences; and
• Link all contracts that provide award fees to successful acquisition outcomes, and prohibit funds to pay for award or incentive fees for contractors with below satisfactory performance.

Senate FY19 Homeland Security Appropriations Bill Text

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20Homeland%20Security%20Appropriations%20Act,%20S.3109.pdf

Senate FY19 Homeland Security Appropriations Bill Summary – Republicans

https://www.appropriations.senate.gov/news/fy2019-homeland-security-appropriations-bill-clears-senate-subcommittee

Senate FY19 Homeland Security Appropriations Bill Summary – Democrats

https://www.appropriations.senate.gov/news/minority/summary-fy2019-homeland-security-appropriations-bill-clears-senate-subcommittee

Senate FY19 Homeland Security Appropriations Bill Report Language

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20Homeland%20Security%20Appropriations%20Act,%20Report%20115-283.pdf

Senate FY19 State Foreign Operations Appropriations Bill

The Senate Appropriations Committee approved its $54.4B FY19 State Foreign Operations spending bill in subcommittee and full committee this week, and reported the measure out of full committee by a vote of 31 to 0.

Senate FY19 State Foreign Operations Appropriations Bill Text

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20SFOPS%20Appropriations%20Act,%20S.3108.pdf

Senate FY19 State Foreign Operations Appropriations Bill Summary – Republicans

https://www.appropriations.senate.gov/news/fy2019-state-and-foreign-operations-appropriations-bill-approved-by-senate-subcommittee

Senate FY19 State Foreign Operations Appropriations Bill Summary – Democrats

https://www.appropriations.senate.gov/news/minority/summary_–fy2019-state-and-foreign-operations-appropriations-bill-approved-by-senate-subcommittee

Senate FY19 State Foreign Operations Appropriations Bill Report Language

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20SFOPS%20Appropriations%20Act,%20Report%20115-282.pdf

FY2019 Appropriations Bills Status

House

The House Appropriations Committee continued their work on their FY19 spending bills. They marked up their Defense and Financial Services spending bills in full committee and the Labor HHS Education and State Foreign Operations bills in subcommittee this week. The House has passed three of its FY19 spending bills on the House floor, reported another six out of full committee and two out of subcommittee. The last bill that has not been considered yet is the Homeland Security spending bill.

The House has a full committee markup scheduled for next week in which they will consider the Labor HHS Education and State Foreign Operations spending bills as well as revised FY19 subcommittee budget allocations.

House FY19 Defense Appropriations Bill

The House Appropriations Subcommittee approved its $674.6B FY19 Defense spending bill this week by a vote of 48 to 4. The bill provides $606.5B in base discretionary funding (an increase of $17.1B above FY18) and $68.1B in Overseas Contingency Operations (OCO) funding.

Only two partisan amendments were brought up during consideration of the measure. One by Rep. Barbara Lee (D-CA) would have repealed the 2001 Authorization for the Use of Military Force (AUMF) and required Congress to adopt a new authorization within eight months. The Administration has been using the current AUMF to conduct antiterrorism operations around the globe. The committee approved a similar amendment last year with bipartisan support, but it was stripped out by the Rules Committee before the bill went to the House floor. The amendment was defeated on a party-line vote of 22-30. The other controversial amendment offered by Rep. Pete Aguilar (D-CA) would have banned the deportation of Dreamers if they serve in the military or receive an honorable discharge from the military. The amendment was defeated by a vote of 24-27.

The full committee did adopt the following amendments to the bill:

• Stewart(R-UT) – The amendment adds report language to encourage the Department of Defense to continue the development and deployment of existing prototypes related to cyber-situational awareness and electronic warfare capabilities. The amendment was adopted on a voice vote.
• Taylor(R-VA) – The amendment adds report language encouraging the Department of Defense to evaluate options to expand military child care programs. The amendment was adopted on a voice vote.
• Amodei (R-NV) – The amendment realigns $5 million within the Army research, development, test and evaluation account. The amendment was adopted on a voice vote.
• Pocan (D-WI) – The amendment adds report language requiring the Department of Defense to submit a classified report on U.S. assistance to the Saudi-led coalition in Yemen. The amendment was adopted on a voice vote.

House FY19 Defense Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP00/20180613/108421/BILLS-115-SC-AP–AP00-Defense_Bill.pdf

House FY19 Defense Appropriations Report Language

https://docs.house.gov/meetings/AP/AP00/20180613/108421/HRPT-115-HR_Defense.PDF

House FY19 Defense Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395335

OMB Letter to the House Appropriators re: Defense Bill

https://www.whitehouse.gov/wp-content/uploads/2018/06/Frelinghuysen-DOD.pdf 

House FY19 Financial Services Appropriations Bill

The House Appropriations Committee approved its $23.4B FY19 Financial Services spending bill by a mostly party-line vote of 28 to 20. The bill’s FY19 funding level is equal to the FY18 enacted level. The bill funds the Treasury Department, the Judiciary, the Small Business Administration, the Securities and Exchange Commission, and other related agencies.

The full committee adopted the following amendments to the bill:

• Graves (R-GA)– The manager’s amendment makes technical and noncontroversial changes to the bill and report, and adds certain authorization language. The amendment was adopted on a voice vote.
• Simpson (R-ID) –The amendment prohibits the Office of Management and Budget from altering the Army Corps of Engineers’ annual work plan. The amendment was adopted on a voice vote.
• Palazzo(R-MS) – The amendments increases the Community Development Financial Institutions fund by $25 million, offset by a cut of $10 million to information technology oversight, and reform and $15 million to DC Courts capital projects. The amendment was adopted by a voice vote.
• Joyce (R-OH)– The amendment requires the U.S. Postal Service to maintain the July 1, 2012, service standards for first-class mail. The amendment was adopted on a voice vote.

House FY19 Financial Services Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP00/20180613/108421/BILLS-115-SC-AP-FY2019-AP00-FSG_Bill.pdf

House FY19 Financial Services Appropriations Bill Summary

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

House FY19 Financial Services Appropriations Bill Report Language

https://docs.house.gov/meetings/AP/AP00/20180613/108421/HRPT-115-HR_FSGG.pdf

OMB Letter to the House Appropriators re: Financial Services Bill

https://www.whitehouse.gov/wp-content/uploads/2018/06/Frelinghuyse-FSGG.pdf

House FY19 Labor HHS Education Appropriations Bill

The House Labor HHS Education Appropriations Subcommittee marked up its $177.1B FY19 spending bill this week. The bill is funded at essentially the same funding level as the FY18 enacted level.

The bill provides $12.1B for the Department of Labor ($88.8M below FY18), $89.2B for the Department of Health and Human Services ($1B above FY18), $71B for the Department of Education ($43M above FY18), $1.06B for the Corporation for National and Community Service (same as FY18), $445M for the Corporation for Public Broadcasting (same as FY18), $12.4B to administer Social Security Administration activities ($332M below FY18) and $261.3M for the National Labor Relations Board ($12.9M below FY18).

The bill also includes provisions prohibiting the use of any new discretionary funding to implement ObamaCare. And it terminates the following programs: CDC Climate Change program, Teen Pregnancy Prevention Grants, Regional Partnership Grants, Kinship Navigator Grants, Project AWARE State Grants, Certified Community Behavioral Health Clinics, the Health Career Opportunity Program, and Screening, Brief Intervention, Referral, and Treatment.

House FY19 Labor HHS Education Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP07/20180615/108431/BILLS-115-SC-AP-FY2019-LaborHHS-LaborBill.pdf

House FY19 Labor HHS Education Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395353

House FY19 State Foreign Operations Appropriations Bill

The House State Foreign Operations Appropriations Subcommittee approved its $54B FY19 spending bill this week by a voice vote. The funding level is held steady from FY18 but is $11.8B more than the administration requested for FY19. The bill funds the State Department, the United States Agency for International development, and other international activities.

The bill includes $16.2B in base and Overseas Contingency Operations (OCO) funding for the State Department and related agencies. This is $163M above the FY18 enacted level. The bill funds USAID at $1.6B, an increase of $3.6M over FY18. And it contains $25.5B in base and OCO funding for bilateral economic assistance in foreign countries (an increase of $289M above FY18). Finally, the bill provides $1.5B for assistance to foreign countries through international organizations and banks, but does not include funding for the Green Climate Fund, International Debt Relief, the UN Educational, Scientific, and Cultural Organization (UNESCO), the Intergovernmental Panel on Climate Change, and the UN Population Fund.

The bill also includes several policy provisions on Syria, Egypt, Afghanistan, the Palestinian Authority, Russia, Guantanamo Bay, private email servers, the UN Arms Trade Treaty, UN Reform, abortion, and OPIC coal regulations.

House FY19 State Foreign Operations Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP04/20180613/108419/BILLS-115-SC-AP-FY2019-StateForOp-StateBill.pdf

House FY19 State Foreign Operations Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395349

Senate

The Senate will begin taking up FY19 spending bills in minibus measures next week after they complete work on the FY19 National Defense Authorization Act. The first bill up will be the Energy & Water, Legislative Branch, and Military Construction-Veterans Affairs minibus spending bill. After debate on this spending bill is done, Senate Majority Leader Mitch McConnell (R-KY) will turn to the farm bill.

Senate FY19 Commerce Justice Science Appropriations Bill

The Senate Appropriations Committee approved its $62.995B FY19 Commerce Justice Science spending bill in subcommittee and full committee this week, and reported the measure out of full committee by a vote of 30 to 1. The one “no” vote came from Sen. James Lankford (R-OK) who opposes an accounting maneuver freeing up additional discretionary spending above the subcommittee’s official allocation, as well as language in the bill preventing Attorney General Jeff Sessions from interfering with states that choose to legalize medical marijuana use.

The FY19 recommended funding level is $3.4B above the FY18 enacted level. The bill provides $11.57B for the Department of Commerce ($435M above FY18),  $30.7B for the Department of Justice ($402.5M above FY18), $21.3M for NASA ($587M above FY18), $8.1B for the National Science Foundation ($301M above FY18), $410M for the Legal Services Corporation (equal to FY18), $95M for the International Trade Commission ($1M above FY18), and $73M for the Office of the United States Trade Representative.

Senate FY19 Commerce Justice Science Appropriations Bill Text

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20CJS%20Appropriations%20Act,%20S.30721.PDF

Senate FY19 Commerce Justice Science Appropriations Bill Summary – Republicans

https://www.appropriations.senate.gov/news/subcommittee-approves-fy2019-commerce-justice-science-appropriations-bill

Senate FY19 Commerce Justice Science Appropriations Bill Summary – Democrats

https://www.appropriations.senate.gov/news/minority/summary-senate-subcommittee-approves-fy2019-commerce-justice-science-appropriations-bill

Senate FY19 Commerce Justice Science Appropriations Bill Report Language

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20CJS%20Appropriations%20Act,%20Report%20115-2751.pdf 

Senate FY19 Interior Environment Appropriations Bill

The Senate Appropriations Committee approved its $35.853B FY19 Interior Environment spending bill in subcommittee and full committee this week and reported the bill out of full committee by a vote of 31 to 0. This spending bill historically has been one of the most contentious of the 12 annual spending bills, so this unanimous bipartisan vote is notable. The manager’s amendment included report language from Sen. Tom Udall (D-NM) demanding that EPA officials comply with ethics standards.

The bill provides $13.109B for the Department of Interior, $1.34B for the Bureau of Land Management ($11M above FY18), $3.21B for the National Park Service ($13.4M above FY18), $1.57B for the U.S. Fish and Wildlife Service ($19.7M below FY18), $1.148B for the U.S. Geological Survey (equal to FY18), $252.8M for the Office of Surface Mining ($2.6M below FY18), $5.77B for the Indian Health Service ($234M above FY18), $3.07B for the Bureau of Indian Affairs and Bureau of Indian Education ($11.4B above FY18), $8.058B for the Environmental Protection Agency (equal to FY18), $6.29B for the U.S. Forest Service, $4.345B for Wildland Firefighting, $1.043M for the Smithsonian Institution, $155M for the National Endowment for the Arts and Humanities, and $3.005M for the Council on Environmental Quality.

Senate FY19 Interior Environment Appropriations Bill Text

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20Interior%20Environment%20Appropriations%20Act,%20S.30731.pdf

Senate FY19 Interior Environment Appropriations Bill Summary – Republicans

https://www.appropriations.senate.gov/news/fy2019-interior-environment-appropriations-bill-approved-by-senate-subcommittee 

Senate FY19 Interior Environment Appropriations Bill Summary – Democrats

https://www.appropriations.senate.gov/news/minority/summary_–senate-appropriations-subcommittee-approves-fy-19-interior-environment-and-related-agencies-appropriations-bill- 

Senate FY19 Interior Environment Appropriations Bill Report Language

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20Interior%20Environment%20Appropriations%20Act,%20Report%20115-2761.pdf

Senate FY19 Legislative Branch Appropriations Bill

The Senate Appropriations Committee approved their $4.79B FY19 Legislative Branch spending bill in full committee by a vote of 31-0. The bill provides $90M more than FY18 enacted levels. The bill will be considered on the Senate floor next week with the Energy & Water and Military Construction-Veterans Affairs spending bills in a minibus appropriations measure.

The bill provides $589.7M for the Government Accountability Office (GAO) ($10.8M above FY18), $453M for the U.S. Capitol Police ($26.5M above FY18), $92.5M for the Copyright Office ($20.5M above FY18), $50.3M for the Congressional Budget Office (CBO) ($350K above FY18), $509.8M for the Architect of the Capitol ($5M above FY18), and $123.8M for the Congressional Research Service (CRS) ($4.5M above FY18).

Senate FY19 Legislative Branch Appropriations Bill Text

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20Legislative%20Branch%20Appropriations%20Act,%20S.30711.pdf

Senate FY19 Legislative Branch Appropriations Bill Summary – Republicans

https://www.appropriations.senate.gov/news/fy2019-legislative-branch-appropriations-bill-advanced-by-committee

Senate FY19 Legislative Branch Appropriations Bill Summary – Democrats

https://www.appropriations.senate.gov/news/minority/summary_–legislative-branch-fiscal-year-2019-appropriations-bill-

Senate FY19 Legislative Branch Appropriations Bill Report Language

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20Legislative%20Branch%20Appropriations%20Act,%20Report%20115-2741.pdf

FY2019 Appropriations Bills Status

House

The House of Representatives considered the FY19 Energy & Water, Legislative Branch, and Military Construction-Veterans Affairs appropriations minibus on the House floor this week. The bill was passed by a vote of 235 to 179. The White House sent a Statement of Administration Policy (SAP) to Congress before the considered the minibus spending package.While the White House had some concerns over funding levels for specific programs in the three bills as well as the overall higher non-defense spending caps for FY19, the SAP did not include a veto threat.

White House Statement of Administration Policy on FY19 Energy & Water, Legislative Branch, and Military Construction-Veterans Affairs Spending Bills

https://www.whitehouse.gov/wp-content/uploads/2018/06/saphr5895hr_20180605.pdf

House FY19 Defense Appropriations Bill

The House Defense Appropriations Subcommittee approved its $674.6B FY19 spending bill this week. The bill provides $606.5B in base discretionary funding (an increase of $17.1B above FY18) and $68.1B in Overseas Contingency Operations (OCO) funding. House Defense Appropriations Subcommittee Chairman Kay Granger (R-TX) expects the full committee to markup the bill next week.

House FY19 Defense Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP02/20180607/108403/BILLS-115-SC-AP-FY2019-Defense-DefenseBill.pdf

House FY19 Defense Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395335

House FY19 Interior and Environment Appropriations Bill

The House Appropriations Committee approved its $35.252 FY19 Interior and Environment spending bill by a vote of 25 to 20. The bill’s FY19 funding level is equal to its FY18 enacted level.

Republicans defeated most Democratic attempts to attach amendments related to EPA Administrator Scott Pruitt’s long list of ethical, spending and personnel entanglements. One such amendment, limiting the amount the EPA can spend on individual fountain pens to $50, earned bipartisan support after reports that Administrator Pruitt ordered a $1,560 set of 12 fountain pens.

The full committee adopted the following amendments to the bill:

• Calvert– The Manager’s amendment makes technical and non-controversial changes to the bill and report. The amendment was adopted on a voice vote.
• Newhouse– The amendment prohibits funding to reintroduce grizzly bears into certain areas in the State of Washington. The amendment was adopted on a voice vote.
• Aderholt/Rep. Visclosky –The amendment ensures that existing “Buy America” standards at the EPA are maintained. The amendment was adopted on a voice vote.
• Cole– The amendment adds report language regarding EPA’s 2010 guidance issued under Section 401 of the Clean Water Act to provide clarity to states and tribes on certain certifications. The amendment was adopted on a voice vote.
• Stewart– The amendment adds bill language allowing the Department of Interior to use sterilization in the management of wild horses and burros. The amendment was adopted on a voice vote.
• Amodei– The amendment prohibits funding for the Interior Department to issue a final rule on the “Bi-State” district population of the greater Sage Grouse. The amendment was adopted on a voice vote.
• Herrera Beutler– The amendment prohibits funding for U.S. Fish and Wildlife to require certain additional land to be set-aside for conservation of the marbled murrelet. The amendment was adopted on a voice vote.
• Valadao– The amendment adds language exempting certain California water projects from additional judicial review, which causes unnecessary delays. The amendment was adopted on a voice vote.
• Harris– The amendment adds report language related to the E-15 education outreach program at the EPA. The amendment was adopted on a voice vote.
• Kaptur– The amendment adds report language encouraging the EPA to review the backlog of applications related to biogas fuel pathways under the Renewable Fuels Program. The amendment was adopted on a voice vote.
• Amodei– The amendment prohibits funding for the EPA to require the transfer of groundwater rights as a condition for approving certain permits. The amendment was adopted on a vote of 26-21.
• Cole– The amendment adds bill language ensuring that trust and treaty obligations are met related to Alaska Native oil and gas revenue sharing. The amendment was adopted on a voice vote.
• Kaptur– The amendment prohibits funding for the EPA to purchase fountain pens costing more than $50 each. The amendment was adopted on a voice vote.

House FY19 Interior and Environment Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP00/20180606/108402/BILLS-115-FC-AP-FY2019-AP00-InteriorEnvironmentBill.pdf

House FY19 Interior and Environment Appropriations Bill Summary

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

 House FY19 Interior and Environment Appropriations Bill Report Language

https://docs.house.gov/meetings/AP/AP00/20180606/108402/HRPT-115-HR.pdf

 Senate

The Senate Appropriations Committee marked up the FY19 Energy & Water and Agriculture spending bills and reported them out of the full committee on May 24. Mick Mulvaney, the Director of the Office of Management and Budget Administration, sent letters to Chairman Shelby (R-AL) this week that addressed the administration’s concerns with the Senate bills. The letters don’t threaten a veto, but instead end with a comment that the administration wants to work with the Senate to address their concerns.

OMB Letter to Senate Appropriators re: FY19 Agriculture Bill

https://www.whitehouse.gov/wp-content/uploads/2018/06/Shelby_Agriculture.pdf

OMB Letter to Senate Appropriators re: FY19 Energy & Water Bill

https://www.whitehouse.gov/wp-content/uploads/2018/06/Shelby_Energy_Water.pdf

Senate FY19 Military Construction-Veterans Affairs Appropriations Bill

The Senate Appropriations Committee approved its $97.1B FY19 Military Construction-Veterans Affairs spending bill in subcommittee and full committee this week, and reported the measure out of full committee by a vote of 31 to 0. The FY19 recommended funding level is $5.1B above the FY18 enacted level.

The bill provides $10.3B to fund 169 military construction projects ($228M above the FY18 level) and $86.4B in discretionary funding for the Department of Veterans Affairs ($5B above FY18). The bill also provided $75.7B in FY2020 advance discretionary funding for veterans health care, and $121.3B in FY2020 advance mandatory funding for veterans benefits. And the legislation includes funding for the American Battle Monuments Commission ($81M), U.S. Court of Appeals for Veterans Claims ($35M), Arlington National Cemetery ($137.4M), and the Armed Forces Retirement Home ($64.3M).

Senate FY19 Military Construction-Veterans Affairs Appropriations Bill Text

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20MilCon-VA%20Appropriations%20Act,%20S.3024.pdf

Senate FY19 Military Construction-Veterans Affairs Appropriations Bill Summary – Republicans

https://www.appropriations.senate.gov/news/fy2019-milcon-va-appropriations-bill-approved-by-senate-subcommittee

Senate FY19 Military Construction-Veterans Affairs Appropriations Bill Summary – Democrats

https://www.appropriations.senate.gov/news/minority/summary_–fy2019-milcon-va-appropriations-bill-approved-by-senate-appropriations-subcommittee

Senate FY19 Military Construction-Veterans Affairs Appropriations Bill Report Language

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20MilCon-VA%20Appropriations%20Act,%20Report%20115-269.pdf

Senate FY19 Military Construction-Veterans Affairs Appropriations Bill Manager’s Package

https://www.appropriations.senate.gov/imo/media/doc/060718-FY2019%20MilCon-VA%20Appropriations%20Act,%20Manager’s%20Package.pdf

Senate FY19 Transportation HUD Appropriations Bill

The Senate Appropriations Committee approved its $71.417B FY19 Transportation HUD spending bill in subcommittee and full committee this week and reported the bill out of full committee by a vote of 31 to 0. The FY19 recommended funding level is $1.117B above the FY18 enacted level and $23.421B more than the President’s FY19 budget request. The bill provides $26.6B in discretionary appropriations for the Department of Transportation ($698M above FY18) and $44.5B for the Department of Housing and Urban Development ($1.8B above FY18).

Senate FY19 Transportation HUD Appropriations Bill Text

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20THUD%20Appropriations%20Act,%20S.3023.pdf

Senate FY19 Transportation HUD Appropriations Bill Summary – Republicans

https://www.appropriations.senate.gov/news/subcommittee-approves-fy2019-transportation-hud-appropriations-bill

Senate FY19 Transportation HUD Appropriations Bill Summary – Democrats

https://www.appropriations.senate.gov/news/minority/summary-senate-appropriations-subcommittee-approves-fy2019-transportation-hud-appropriations-bill

Senate FY19 Transportation HUD Appropriations Bill Report Language

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20THUD%20Appropriations%20Act,%20Report%20115-268.pdf

Senate FY19 Transportation HUD Appropriations Bill Manager’s Package

https://www.appropriations.senate.gov/imo/media/doc/060718-FY2019%20THUD%20Appropriations%20Act,%20Manager’s%20Package.pdf

FY2019 Appropriations Bills Status

The House Rules Committee will meet on Tuesday and Wednesday next week to consider the FY19 minibus spending bill combining the Energy & Water, Legislative Branch, and Military Construction-Veterans Affairs spending bills. The bill will then be considered on the House floor later in the week.

The Senate Appropriations Committee will mark up its FY2019 Military Construction-Veterans Affairs and Transportation HUD spending bills in subcommittee on Tuesday and full committee on Thursday.

FY2019 Appropriations Bills Status

The House and Senate Appropriations Committees continued work on their FY19 spending bills this week. The House Appropriations Committee marked up its Financial Services spending bill in subcommittee and its Transportation HUD spending bill in full committee. The committee was scheduled to mark up its Interior Environment spending bill in full committee on Tuesday, but postponed the markup as the chairman was ill.

The House will consider a minibus FY19 appropriations package on the House floor when they return the week of June 4. The minibus will include the Energy & Water, Military Construction-Veterans Affairs, and Legislative Branch spending bills. These three bills tend to be less controversial and easier to pass. Members of Congress wishing to offer amendments to this minibus spending bill must submit them by 10 am on Wednesday, May 30.

The Senate Appropriations Committee marked up their Energy & Water and Agriculture spending bills in subcommittee and full committee this week. Senate Majority Leader Mitch McConnell (R-KY) said that the Senate will follow the House lead on considering bills in a minibus strategy and will begin taking up their bills in June.

House

House FY19 Financial Services and General Government Appropriations Bill

The House Financial Services and General Government Appropriations Subcommittee marked up and reported out its $23.4B FY19 spending bill this week. The bill provides funding for the Treasury Department, the Judiciary, the Small Business Administration, the Securities and Exchange Commission, the Federal Communications Commission, and other related agencies. The proposed overall FY19 funding level for the bill is equal to the FY18 enacted level.

The bill funds the Internal Revenue Service at $11.6B (increase of $186M over FY18), the FCC at $355M, the SBA at $737M, the General Services Administration at $8.6B, and the SEC at $1.66B ($201M below FY18. The bill also includes $150M for the Technology Modernization Fund for upgrades and improvements to IT systems across the government.

The bill also includes some policy riders that prohibit the following: federal and local funds from being used for abortion, further marijuana legalization, federal funds from being used for needle exchanges and the supervised consumption of any Schedule I substances in the District of Columbia, funds for the DC Death with Dignity Act and fully repeals the local legislation, funds for enforcement of the DC Reproductive Non-Discrimination Act, the use of funds in the Federal Employee Health Benefits program for abortion, funding to require that entities applying for or conducting work under federal contracts disclose campaign contributions. And the bill includes a provision maintaining the six-day mail delivery requirement for the Postal Service.

House FY19 Financial Services and General Government Appropriations Bill Text

https://docs.house.gov/meetings/AP/AP23/20180524/108372/BILLS-115-SC-AP-FY2019-FServices-FSGGBill.pdf

House FY19 Financial Services and General Government Appropriations Bill Summary

https://appropriations.house.gov/news/documentsingle.aspx?DocumentID=395326

House FY19 Transportation, HUD, and Related Agencies Appropriations Bill

The House Appropriations Committee approved its $71.8B FY19 Transportation HUD spending bill by a vote of 34 to 17. 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).

The full committee adopted the following amendments to the bill:

• Diaz-Balart – The manager’s amendment makes technical and noncontroversial changes to the bill and report. The amendment was adopted on a voice vote.
• Fleischmann – The amendment adds report language directing the Department of Transportation to report on any updated findings on the impact of increasing the length of twin-trailer trucks to 33 feet. The amendment was adopted on a voice vote.
• Wasserman Schultz – The amendment adds $46 million to the Housing for the Elderly program, offset by a decrease in highway grants. The amendment was adopted on a voice vote.

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

https://docs.house.gov/meetings/AP/AP00/20180523/108366/BILLS-115-FC-AP-FY2019-AP00-THUD_Bill.pdf

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

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

House FY19 Transportation, HUD, and Related Agencies Appropriations Bill Report Language

https://docs.house.gov/meetings/AP/AP00/20180523/108366/HRPT-115-HR.pdf

OMB Letter to the House on the FY19 THUD Appropriations Bill

https://www.whitehouse.gov/wp-content/uploads/2018/05/frelinghuysen_transportation_housing_urban_development_letter.pdf

Senate

Senate FY19 Agriculture Appropriations Bill

The Senate Appropriations Committee approved its $145.1B FY19 Agriculture spending bill in subcommittee and full committee, and reported the measure out of full committee by a vote of 31-0. The FY19 recommended funding level is $710M below the FY18 enacted level. The discretionary funding level of $23.235B is $225M above the FY18 enacted level. Mandatory funding in the bill totals $121.8B.

Senate FY19 Agriculture Appropriations Bill Text

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20Agriculture%20Appropriations%20Act,%20S.2976.pdf

Senate FY19 Agriculture Appropriations Bill Summary

https://www.appropriations.senate.gov/news/committee-advances-fy2019-agriculture-appropriations-bill

Senate FY19 Agriculture Appropriations Bill Report Language

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20Agriculture%20Appropriations%20Act,%20Report%20115-259.pdf

Senate FY19 Agriculture Appropriations Bill Manager’s Package

https://www.appropriations.senate.gov/imo/media/doc/052418-FY19%20Ag%20Manager’s%20Package1.pdf

Senate FY19 Energy & Water Appropriations Bill

The Senate Appropriations Committee approved its $43.8B FY19 Energy & Water spending bill in subcommittee and full committee this week and reported the bill out of full committee by a vote of 30-1. The FY19 recommended funding level is $566M over the FY18 enacted level.

Senate FY19 Energy & Water Appropriations Bill Text

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20Energy%20&%20Water%20Development%20Appropriations%20Act,%20S.2975.pdf

Senate FY19 Energy & Water Appropriations Bill Summary

https://www.appropriations.senate.gov/news/committee-approves-fy2019-energy-and-water-development-appropriations-bill

 Senate FY19 Energy & Water Appropriations Bill Report Language

https://www.appropriations.senate.gov/imo/media/doc/FY2019%20Energy%20&%20Water%20Development%20Appropriations%20Act,%20Report%20115-258.pdf

Senate FY19 Energy & Water Appropriations Bill Manager’s Package

https://www.appropriations.senate.gov/imo/media/doc/052418%20-%20FY19%20EWD%20Manager’s%20Package2.pdf

FY2019 Appropriations Bills Status

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 21^stCentury 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

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.

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

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.