Washington Weekly – May 30, 2014

May 30, 2014 

The House passed the FY15 Commerce-Justice-Science appropriations bill as well as the FY15 Intelligence Authorization bill. The Senate was in recess.

FY2015 Appropriations

Homeland Security

The House Appropriations Committee marked up its $39.2 billion FY15 Homeland Security spending bill in subcommittee this week. This is a decrease of $50 million below the FY14 enacted level, but an increase of $887.8 million above the President’s FY14 budget request. The bill includes a total of $7 billion in Federal Emergency Management Agency (FEMA) Disaster funding, which matched the President’s request. Customs and Border Protection (CBP) received $10.8 billion, an increase of $219.6 million above FY14, providing for 21,370 Border Patrol agents and 23,775 CBP officers. CBP funding also included $412.5 million for border security technology, an increase of $61 million above the FY14 level. Immigration and Customs Enforcement (ICE) was funded at $5.5 billion, and the Transportation Security Administration (TSA) at $4.6 billion (a decrease of $300.3 million below FY14). A total of $745.5 million was provided for the National Protection Program Directorate’s cybersecurity operations ($46.7 million below FY14), $8.5 billion for the Coast Guard ($46.6 million below FY14), $1.6 billion for the Secret Service ($51.7 million above FY14), $124.8 million for E-Verify, and $1.1 billion for Science and Technology ($113.6 million below FY14). The bill denies the President’s proposal to increase aviation passenger security fees and CBP user fees, and encourages reform of passenger screening operations supporting TSA’s shift to more risk-based screening. The bill also denies a consolidation of the DHS headquarters for a savings of $73 million.

Defense

The House Appropriations Committee also marked up their $491 billion FY15 Defense spending bill in subcommittee. The bill provides an increase of $4.1 billion above the FY14 enacted level and $200 million above the President’s budget request. The draft bill provides $165 billion for operations and maintenance ($4.8 billion more than the FY14), $63.4 billion for research and development, $91.2 billion for equipment procurement, and $31.6 billion for defense health and military family programs. The bill also provides $789 million to refuel the USS George Washington aircraft carrier, $5.8 billion for 38 F-35 aircraft (four more than requested), $1.6 billion for seven KC-46A tankers, $975 million for 12 EA-18G Growlers aircraft (not included in the President’s FY15 request), and a 1.8% wage increase for service members, exceeding the president’s request of 1%. The bill does not block the retirement of the A-10 attack aircraft, rejects the president’s request to reduce basic housing allowances, prohibits funding for transfers of detainees to the US, and bars the Army from transferring AH-64 Apache attack helicopters from the Army National Guard to the active Army.

In addition, the bill includes $79.4 billion in Overseas Contingency Operations (OCO) funding, the same level requested by the President and included in the FY15 House-passed National Defense Authorization Act. In his commencement address at West Point this week, the President said that he would ask Congress to support a new $5 billion Counterterrorism Partnerships Fund (CTPF) to provide the administration with the “flexibility and resources required to respond to emerging needs as terrorist threats around the world continue to evolve.” The CTPF would be funded from within the $79.4 billion FY15 OCO account if Congress supports the President’s request. But some in Congress were skeptical of the proposal, concerned that the administration was laying groundwork to sustain funding levels for the OCO account after the US withdraws from Afghanistan. The administration announced earlier this week that all US forces would be out of Afghanistan by 2017 and that their FY15 OCO request would be forthcoming soon now that the President has made a decision on troop levels in Afghanistan. White House officials said it would likely cost about $20 billion to keep 9,800 U.S. troops in Afghanistan next year.

Since the House is in recess next week, the full Committee likely will take up the defense bill the week of June 9.

Agriculture

The House Appropriations Committee also approved its $20.88 billion FY15 Agriculture, Rural Development, FDA and Related Agencies spending bill in full committee this week. The bill funds agricultural and food programs and services, including food and medical product safety, animal and plant health programs, rural development and farm services, marketplace oversight, and nutrition programs. Six amendments were adopted during full committee considerations: adding $155 million for the Agricultural Research Service Building and Facilities account; prohibiting funding for inspections of horse slaughter facilities in the US; adding report language to encourage compliance with FDA’s 2012 “Scientific Integrity” policy; prohibiting funds to purchase processed poultry from China for use in school lunch programs; adding report language encouraging the FDA to accept certain types of clear, visible calorie displays on products served through vending machines; and making technical and non-controversial changes to the bill and report. The panel rejected a Democratic bid to remove language from the bill that would require the USDA to provide one-year waivers to school meal operators who can show financial hardship in meeting new school meal nutrition standards.

Commerce-Justice-Science

The $51.2 billion FY15 Commerce-Justice-Science (CJS) bill was passed by the House yesterday by a vote of 321 to 87. The House approved several amendments including ones to increase by $19.5 million funding for the National Instant Criminal Background Check System (NICS); increase funding for the COPS grant program by $110 million; help NIST launch a new cybersecurity framework study; bar the Justice Department from using its funding to prosecute medical marijuana users who are abiding by their state’s law; increase weather research activities by $12 million; and provide an additional $8 million for the Prescription Drug Monitoring Program. Democrats tried unsuccessfully to strip language Republicans added during committee markup that would restrict efforts to require gun dealers on the Southwest border to inform the Justice Department when they sell multiple rifles or shotguns to the same person. The amendment was withdrawn. A full list of the adopted amendments can be found at:

http://appropriations.house.gov/uploadedfiles/05.30.14_fy_2015_cjs_bill_-_floor_adopted_amendments.pdf.

While the administration didn’t issue a veto threat, they released a Statement of Administration Policy this week that raised concerns with the reduction in NTIA funding, cuts for some state and local law enforcement grants, and “objectionable language provisions” on gun control issues. Senate appropriators will consider their CJS bill in subcommittee next Tuesday and full committee on Thursday.

Transportation-HUD

The House is expected to take up their $52 billion FY15 Transportation-HUD (THUD) spending bill on the floor when they return from recess the week of June 9. The bill will be considered under an open rule, giving lawmakers the freedom to offer any relevant amendments. Senate appropriators will consider their THUD bill in subcommittee next Tuesday and full committee on Thursday.

The 302(b) allocations for the House and Senate are as follows:

*in millions

Subcommittee FY13 (with sequestration) FY14 Omnibus FY15 House FY15 Senate House-Senate
Agriculture $19,560 $20,880 $20,880 $20,575 $305
Commerce-Justice-Science 47,020 51,600 51,202 51,202 0
Defense 486,297 486,851 490,960 489,605 1,355
   Overseas Contingency

Operations (OCO)

82,190 85,191 79,445 N/A N/A
Energy & Water 34,263 34,060 34,010 34,208 (198)
Financial Services 19,874 21,851 21,276 22,518 (1,242)
Homeland Security 37,759 39,270 39,220 39,000 220
Interior-Environment 28,240 30,058 30,220 29,450 770
Labor-HHS-Education 149,640 156,773 155,693 156,773 (1,080)
Legislative Branch 4,061 4,258 4,258 4,300 (42)
Military Construction-VA 70,909 73,299 71,499 71,898 (399)
State-Foreign Operations 40,358 42,481 42,381 39,660 2,721
   OCO 10,843 6,520 5,912 N/A N/A
Transportation-HUD 48,441 50,856 52,029 54,439 (2,410)

FY2015 Appropriations Bill Status

Appropriations Subcommittee House Action Senate Action
Agriculture, Rural Development, FDA and Related Agencies Subcommittee: May 20

Full Committee: May 29

Subcommittee: May 20

Full Committee: May 22

Commerce, Justice, Science, and Related Agencies Subcommittee: April 30

Full Committee: May 8

House Floor: May 29

Subcommittee: June 3

Full Committee: June 5

Defense Subcommittee: May 30  
Energy and Water Development, and Related Agencies    
Financial Services and General Government    
Homeland Security Subcommittee: May 28  
Interior    
Labor, HHS, Education, and Related Agencies    
Legislative Branch Subcommittee: April 3

Full Committee: April 9

Floor: May 1

 
Military Construction, Veterans Affairs, and Related Agencies Subcommittee: April 3

Full Committee: April 9

Floor: April 30

Subcommittee: May 20

Full Committee: May 22

State, Foreign Operations, and Related Programs    
Transportation, HUD, and Related Agencies Subcommittee: May 7

Full Committee: May 21

Subcommittee: June 3

Full Committee: June 5

Tax Extenders

The House Ways and Means Committee met this week to continue their work on tax extender legislation. The committee marked up six separate bills that would extend the IRA charitable rollover, make permanent the charitable deduction for food inventory, make permanent the charitable deduction for property donated for conservation, modify the excise tax on the investment income of private foundations, and make permanent 50 percent bonus depreciation.

Political Updates

After presenting a review from the VA Inspector General to President Obama that showed that misconduct was widespread and systemic throughout the VA health system, Veterans Affairs Secretary Eric Shinseki offered his resignation and the President accepted it. President Obama also announced that Secretary Shinseki had begun the process of firing Phoenix VA hospital senior leaders and cancelling performance bonuses. Deputy Secretary of Veterans Affairs Sloan Gibson will become acting secretary until a permanent replacement is nominated and confirmed. Gibson, a graduate of West Point, was just confirmed as Deputy Secretary in February. Prior to his appointment, Gibson served as President and Chief Executive Officer of the United Services Organizations (USO). The President also announced that Rob Nabors will stay at VA temporarily to assist Gibson with tackling this problem.

Rep. Ralph Hall (R-TX), the oldest-serving member of Congress and one of the last WWII veterans serving in Congress, was defeated in a primary runoff by former US Attorney John Ratcliffe. While Hall won the initial primary in March, he failed to earn the majority of the vote needed to avoid a primary runoff. Hall is the first incumbent to lose in a primary this year ending his 34-year career in Congress. The only other WWII member serving in Congress, Rep. John Dingell (D-MI) is retiring at the end of this Congress.

Next Week

The House is in recess. The Senate will take up Sylvia Mathews Burwell’s nomination to be Health and Human Services secretary.

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