Update from Washington, D.C.
April 4, 2019
House Budget Committee Advances Proposal to Increase Budget Caps
On April 4, the House Budget Committee narrowly approved legislation (HR 2021) that would increase the Budget Control Act’s (PL 112-25; BCA) spending caps by $350 million over the next two years. The proposal will essentially take the place of a full budget resolution for fiscal year 2020, which Committee Chairman John Yarmuth (D-KY) has declined to pursue in the face of a divided government and spending disagreements within the Democratic caucus.
Under the Yarmuth proposal, defense funding would be set at $733 billion in fiscal year 2020 and $749 billion in fiscal year 2021. Included in these figures is $69 billion in both years for off-budget Overseas Contingency Operations (OCO). Non-defense discretionary funding would total $631 billion in fiscal year 2020 and $646 billion in fiscal year 2021. It should be noted that in the absence of a budget agreement, the BCA caps will take effect on October 1. Pursuant to PL 112-25, defense spending would be set at $576 billion and non-defense at $542 billion in fiscal year 2020.
During committee consideration, Congressman Steve Womack (R-AR), the top Republican on the panel, criticized Democrats for not producing a full budget resolution and for not proposing any mandatory spending cuts to offset the cost of the discretionary cap increases. Meanwhile, members of the Congressional Progressive Caucus expressed their displeasure with the cap levels proposed by Chairman Yarmuth.
The House is likely to consider the measure next week, ahead of a two-week congressional recess. The exercise will be a delicate balance for Democrats, as they can only afford to lose 17 members of their caucus on the floor vote and still secure passage.
Comparison of Top-Line Spending Levels
FISCAL YEAR 2020 |
|||
|
Defense |
OCO |
Non-Defense |
BCA Caps |
$576 billion |
— |
$542 billion |
HR 2021 |
$664 billion |
$69 billion |
$631 billion |
White House |
$576 billion |
$174 billion |
$542 billion |
FISCAL YEAR 2021 |
|||
|
Defense |
OCO |
Non-Defense |
BCA Caps |
$591 billion |
— |
$555 billion |
HR 2021 |
$680 billion |
$69 billion |
$646 billion |
Disaster Aid Legislation Stalls in Senate
A disaster aid package has stalled in the Senate, largely over the amount of assistance designated for Puerto Rico. On April 1, the chamber held two procedural votes in an attempt to advance a supplemental spending bill, but both fell short of the 60 votes needed to proceed. A GOP-sponsored measure, which would have provided $13.4 billion in funding for victims of recent disaster declarations, failed on a 44 to 49 vote. A separate measure, favored by Democrats, was defeated by a vote of 46 to 48.
Looking ahead, it’s unclear how the Senate will proceed after the failed procedural votes, though leaders are expected to continue their discussions on the bill. For their part, Senate Minority Leader Chuck Schumer (D-NY) and Appropriations Vice Chairman Patrick Leahy (D-VT) have put forward another proposal that would provide $16.7 billion in disaster aid, including funding aimed at helping Puerto Rico. While this plan is unlikely to receive formal consideration, it could be the basis for a potential compromise. In the meantime, the recovery dollars for the California wildfires – as well as assistance to communities impacted by last year’s hurricanes and floods – remains tied up.
House Subcommittee Holds Hearing on Carcieri v. Salazar
On Wednesday, April 3, the House Subcommittee on Indigenous Peoples of the United States held a hearing to discuss, among other things, legislation (HR 375) that would overturn the U.S. Supreme Court’s 2009 decision in Carcieri v. Salazar. In Carcieri, the Court ruled that the secretary of the Interior’s trust land acquisition authority is limited to those tribes that were “under federal jurisdiction” at the time of the passage of the Indian Reorganization Act (IRA) of 1934.
Since the Court’s now-decade old decision, many Indian tribes have demanded that Congress pass a so-called clean “Carcieri fix,” which would simply reverse the Supreme Court’s ruling. In contrast, county governments – led by CSAC – have urged Congress to include as part of any Carcieri-related bill comprehensive legislative reforms to the Department of the Interior’s deeply flawed fee-to-trust process.
Looking ahead, the Carcieri fix measure that was the subject of Wednesday’s hearing (HR 375; Representative Cole (R-OK)) may be considered by the Indigenous Peoples Subcommittee at some point in the near future. Notably, the legislation is supported by the chairman of the subcommittee, Representative Ruben Gallego (D-AZ), as well as the ranking member, Representative Paul Cook (R-CA). The bipartisan support of the panel’s leaders raises the prospects that the legislation may advance through the House.
If HR 375 ultimately makes its way to the upper chamber, the bill is expected to face significant resistance from key senators. In past years, Senate opposition has thwarted such “clean fix” bills, with various senators echoing CSAC’s calls for the inclusion of provisions that would overhaul the fee-to-trust process. Additionally, a number of senators have attempted to include as part of previous Carcieri legislation controversial amendments to the Indian Gaming Regulatory Act (IGRA).
Cannabis States’ Rights Bill Introduced This Week
On April 4, Senators Cory Gardner (R-CO) and Elizabeth Warren (D-MA) reintroduced bipartisan legislation that would take a states’ rights approach to cannabis legalization. Specifically, the bill – entitled the Strengthening the Tenth Amendment Through Entrusting States Act, or simply the STATES Act – would create an exemption to the Controlled Substances Act (CSA) for states that have legalized cannabis in one form or another, protecting users and businesses from federal interference.
Pursuant to the legislation, States would be required to abide by certain restrictions, including a minimum age for marijuana sales and employment. Additionally, the STATES Act would ease restrictions on banking by declaring that state-legal cannabis transactions do not constitute trafficking. The measure would also require the Government Accountability Office (GAO) to conduct a study on the effects of cannabis legalization on traffic safety.
For its part, CSAC has endorsed the STATES Act and has encouraged the California congressional delegation to cosponsor the legislation. The association’s letter of support can be accessed here.
House Considers VAWA Reauthorization
On April 4, the House approved legislation (HR 1585) that would reauthorize domestic violence programs under the Violence Against Women Act (VAWA). VAWA, which expired on February 15 after several short-term extensions, was last reauthorized in 2013. The new measure would authorize more than $1 billion annually through fiscal year 2024 for federal grant programs to prevent and respond to violent crimes.
While VAWA reauthorization has generally enjoyed bipartisan support, there are several provisions in the House bill that have drawn the ire of GOP lawmakers, including language restricting gun ownership and expanding transgender rights. Nevertheless, HR 1585 was easily approved by a vote of 263 to 158.
Across Capitol Hill, Senate Judiciary Committee Chairman Lindsey Graham (R-SC) does not support the gun-related provisions of the House VAWA bill and has indicated that his panel will consider a separate reauthorization measure that is currently being negotiated by Senators Dianne Feinstein (D-CA) and Joni Ernst (R-IA). There are also several competing proposals that would simply seek to extend the program.