May 23, 2019

Fiscal Year 2020 Appropriations Update

Despite the absence of a bipartisan, bicameral agreement on a topline budget number for fiscal year 2020, Democratic leaders of the House Appropriations Committee continued to advance several key funding measures this week. To date, appropriators have taken action on 10 of the 12 annual spending bills for the fiscal year that begins October 1.

Across Capitol Hill, the Republican leaders of the Senate Appropriations Committee have indicated that they will not take up any fiscal year 2020 spending legislation until lawmakers reach a deal on a new budgetary framework.

Commerce-Justice-Science

On May 22, the House Appropriations Committee cleared the fiscal year 2020 Commerce-Justice-Science (CJS) spending bill. The legislation, which would provide $73.9 billion in total discretionary funding to the Departments of Commerce and Justice, NASA, and related agencies, was approved on a 30-22 vote. All told, the proposed spending represents a $9.8 billion increase over the fiscal year 2019 enacted level.

While Democrats touted the bill’s investment in a variety of areas, including programs that would address climate change, committee Republicans were critical of the legislation’s overall funding level. Additionally, Republicans expressed opposition to a number of policy add-ons, including a rider that would bar the Census Bureau from including a question about citizenship status in the 2020 census. 

With regard to state and local law enforcement assistance, the bill would provide $3.4 billion for a variety of key programs in fiscal year 2020. This includes $260 million for the State Criminal Alien Assistance Program (SCAAP), an increase of roughly $16 million. In addition, the bill would boost funding for the Byrne-Justice Assistance Grant program (+$106 million), as well as Violence Against Women Act programs (+$85 million).  The legislation also includes additional funding ($11 million) for the COPS hiring grant program.

With regard to the Victims of Crime Act (VOCA), the measure would provide $2.8 billion for programs authorized under the law, or a $515 million decrease. It should be noted, however, that the House bill’s funding level for VOCA is approximately $500 million more than the cap recommended by the Trump administration in its fiscal year 2020 budget proposal.

Finally, the legislation includes language – often referred to as the Rohrabacher-Farr amendment – that would prohibit federal funding from being used to prosecute individuals or businesses acting in compliance with state-legal medical cannabis laws.

Interior-Environment

Also on May 22, the House Appropriations Committee approved the fiscal year 2020 Interior spending bill. The legislation would provide roughly $37.3 billion in funding for the Department of the Interior (excluding the Bureau of Reclamation), the Environmental Protection Agency, and a number of related agencies. The proposed spending is $1.73 billion more than the fiscal year 2019 enacted level and $7.24 billion more than President Trump’s budget request.

Similar to the CJS measure, Republicans expressed opposition to the Interior bill’s proposed spending increases. Additionally, GOP members were critical of the removal of several policy provisions that have been enacted as part of previous spending measures for the Department of the Interior. Accordingly, no Republicans on the panel voted to advance the bill.

Among other things, the legislation would provide full funding for the Payments-in-Lieu-of-Taxes (PILT) program. In addition, the bill includes an additional $260 million for the Clean Water and Drinking Water state revolving funds.

With regard to wildfires, the measure would provide over $5.2 billion for management and suppression activities, or a $1.6 billion increase over current spending. The legislation also includes a $2.25 billion budget-cap adjustment that would provide additional spending authority to meet suppression costs that exceed the 10-year average.

Transportation-Housing and Urban Development

On May 23, the House Appropriations Subcommittee on Transportation-Housing and Urban Development (HUD) approved its fiscal year 2020 spending bill. The legislation, which cleared the subcommittee on a voice vote, would provide over $137 billion in budgetary resources, or an increase of $6 billion compared to current spending.

With regard to the Department of Transportation, the bill would provide more than $86 billion in total budgetary resources, a $167 million increase. Key highlights of the bill are as follows:

• $46.365 billion for Federal-aid highway and highway safety construction programs (consistent with the levels authorized under the FAST Act)
• $1.75 billion for discretionary Highway Infrastructure Programs (-$1.5 billion)

• $1 billion for National Infrastructure Investments (TIGER/BUILD grants) (+$100 million)
• $500 million for discretionary Airport Improvement Grants (AIP) (same as FY19)
• $13.5 billion for the Federal Transit Administration (+$60 million)
• $2.3 billion for Capital Investment Grants (-$251 million).
• $750 million for Transit Infrastructure Grants (+$50 million)

With regard to HUD, the bill would provide over $50 billion for the Department, or a $5.9 billion increase above the 2019 enacted level. Highlights include: 

• $3.6 billion for the Community Development Block Grant (CDBG) program (+$300 million)
• $300 million for the Choice Neighborhoods Initiative (+$150 million)
• $1.75 billion for the HOME Investment Partnership Program (+$500 million)
• $2.8 billion for Homeless Assistance Grants (+$164 million)
• $40 million for HUD/VA Supportive Housing for Homeless Veterans (same as FY19). 

The bill also would block the Trump administration’s proposed public housing rule, which would require every member of a household receiving federal housing aid to be a U.S. citizen or have eligible immigration status. The rule would threaten the housing tenure of 55,000 children who are citizens or legal residents.

Energy-Water Development

On May 21, the full House Appropriations cleared the fiscal year 2019 Energy-Water spending bill, which funds the Department of Energy (DOE), the U.S. Army Corps of Engineers, the Bureau of Reclamation, and several independent agencies. The legislation was passed on a 31-21 vote.

The measure would spend $46.4 billion, or $1.8 billion above the fiscal year 2019 enacted level. Notably, the Energy Department would see its budget increase by $1.4 billion, while an extra $82.8 million would be set-aside for the Bureau of Reclamation. In addition, the Army Corps would be in line for an additional $357 million that would help provide for six new construction projects and six new feasibility studies.

Agriculture

On May 23, the House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies approved its spending bill for fiscal year 2020. Total discretionary funding in the legislation would amount to over $24 billion, or a $1 billion increase. Highlights include:

• $6 billion in discretionary funding for the Women, Infants, and Children (WIC) program. The funding level is $75 million below fiscal year 2019, though because of declining enrollments in the program, WIC has large carryover balances from previous years.
• $24 billion in required mandatory funding for child nutrition programs, or an $873 million increase over current investment.
• $71.1 billion in required mandatory spending for the Supplemental Nutrition Assistance Program (SNAP), including $5 billion for the SNAP reserve fund.
• $1.45 billion for rural water and waste program loans and over $655 million in water and waste grants for clean and reliable drinking water systems and sanitary waste disposal systems. An additional $6.9 billion in loan authority is provided for rural electric and telephone infrastructure loans.
• $680 million for the expansion of rural broadband service to provide economic development opportunities and improved education and healthcare services.
• $1.8 billion for farm programs, which is $32.1 million above the fiscal year 2019 level. This includes an increase of $30 million for 2018 Farm Bill implementation.