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House Passes DHS Appropriations and Raises Immigration Stakes

The House adjourned yesterday for the annual Republican retreat. But before they left, the House took steps to block major provisions of the president’s immigration policy announced in November of 2014. As an amendment to legislation funding the Department of Homeland Security (DHS) for FY15, the House passed a series of amendments effectively blocking Obama’s executive action to shield millions of undocumented immigrants from deportation.

The underlying DHS funding bill passed by a vote of 236-191. The House also voted on a series of amendments meant to roll back Obama’s executive actions on immigration, including a controversial measure by Rep. Marsha Blackburn (R-TN) that would kill the 2012 Deferred Action for Childhood Arrivals program. That amendment narrowly passed by a vote of 218-209.

At the conclusion of the 113th Congress, the House and Senate passed all FY15 appropriations bills but for the FY15 DHS appropriations bill in an effort to neutralize the President’s Executive Order. The FY15 DHS appropriations were put on a continuing resolution until February 28, 2015. The decision to not fully fund DHS is due in large part to the House attempted to respond in 2014, but the effort was not taken up by the Senate.

Earlier in the week, the White House had threatened to veto any legislation which negated his immigration policy, but the White House seems open to including some symbolic GOP immigration measure – although it’s unclear just how much they are willing to give.

Without new funding for the DHS, agencies such as FEMA would be prevented from distributing emergency grants to state and local governments in need in the case of a local, regional, or national disaster.

The package as passed by the House is unlikely to be taken up by the now Republican-controlled Senate. It is highly unlikely that the bill will get the 60 votes needed for cloture since the Republicans do not have a cloture-proof majority. The Senate Republicans are currently working on alternatives.

The Office of Federal Relations will continue to track this issue as it evolves.

 

Kilmer to Join House Appropriations Committee

Congressman Derek Kilmer (WA-6) has been selected by his Democratic colleagues to fill a seat on the House Appropriations Committee, which is responsible for discretionary spending on government agencies and programs. He is the only new Democrat to land a spot on the powerful spending panel for the 114th Congress. Each year the committee’s 12 subcommittees are tasked with producing 12 annual appropriations bills. No word yet on which subcommittee Kilmer will sit on.

House Minority Leader Nancy Pelosi said Kilmer, who just entered his second term, would be a “strong voice for bigger wages, better infrastructure and greater opportunities for every American.” Congratulations, Congressman Kilmer!

Senate Passes FY15 Appropriations

In a very rare weekend session, the Senate voted 56-40 late Saturday evening to pass the FY15 $1.1 trillion spending package that funds most of the government through next September. As previously discussed in this blog, the package includes 11 appropriations bills that fund most of the government through Sept. 30 and a continuing resolution (CR) funding the Department of Homeland Security (DHS) through Feb. 27.

The bill nearly died in the House earlier last week after House Minority Leader Nancy Pelosi (D-CA) and Senator Elizabeth Warren (D-MA), a rising star among her party’s liberal base, urged House Democrats to oppose it. Regardless, the package narrowly passed the House on Thursday night in a 219-206 vote after Obama hit the phones to quell a Democratic uprising against it.

Notable Senators voting against the legislation include several Republican and Democratic senators rumored to have presidential ambitions such as Rand Paul (R-KY), Ted Cruz (R-TX), Elizabeth Warren (D-MA), Cory Booker (D-NJ), Amy Klobuchar (D-MN) and Kirsten Gillibrand (D-NY)

The vote culminates a week of acrimonious posturing in both the House and Senate and sends the spending bill to President Obama’s desk for a signature.

The House has recessed for the year and the Senate is expect to recess this week. Both bodies of Congress will reconvene in January 2015 to swear in the new 114th Congress.

‘Cromnibus’ Advances to the Senate

The House yesterday approved the FY2015 ‘cromnibus’ bill funding all areas of federal government through September 30, 2015 except for Homeland Security, which is subject to a continuing resolution (CR) through February 2, 2015. The House vote as close – 219 to 206 – and delayed several hours as GOP leaders worked their members to support the massive $1.1 billion year-end spending package.

The House and Senate also both passed a two-day stopgap spending measure to avoid a government shutdown, as the current CR was set to expire midnight Thursday. The Senate will take at least a day to process and vote on the so-called cromnibus before sending it to the President, who has said he will sign it into law. That vote could come as early as this afternoon but could also stretch into early next week. If that happens, another short-term CR will be necessary.

The fiscal 2014 and 2015 omnibuses were largely a result of the 2013 budget deal that set domestic and defense spending caps and created the sequester if Congress did not adhere to those caps. No similar deal is in place for next year, and a GOP-controlled Congress will have less incentive to make such a deal with Democrats.

FY15 Appropriations Released

Last night, House and Senate Appropriators unveiled a $1.1 trillion spending package that is a combination of all but one of the Fiscal Year 2015 (FY15) appropriations bills rolled into an omnibus for the remainder for FY15, plus a continuing resolution (CR) funding the Department of Homeland Security through February 2015. The FY15 appropriations package, dubbed the “Cromnibus,” would provide new funding for all government agencies and programs, except the Department of Homeland Security, and is designed to gain bipartisan support and avert both a government shut down or another continuing resolution, as was seen in FY 2014. The current CR runs through tomorrow (December 11, 2014). 

The deal is a victory for appropriators, who have insisted that spending caps set under the 2013 budget agreement would allow them to move most of the annual measures for FY15. The Homeland Security stopgap portion is an effort by Republicans leaders to force a showdown with the White House on immigration in the new Congress, when Republicans will control both chambers of Congress.

The Cromnibus will move as HR 83, a previously considered piece of energy legislation. By using a previously considered bill, House and Senate leadership is trying to overcome Senate procedural hurdles so that measure could be cleared as early as Friday. Regardless, with the current stopgap funding expiring on tomorrow, the House will likely pass a two- or three-day CR to guarantee there is no shutdown before the Senate takes action and sends the “cromnibus” to the President.

For domestic agencies, flat funding is the norm, with some spending tradeoffs made to build political support. For example, the bill’s education programs are almost level funded at $70.5 billion, only $100 million less than last year. Democrats, however, will be pleased with level funding of $8.5 billion for Head Start and $22.5 billion for Pell grants, an amount that would raise the maximum grant award by $100 to $5,830.

Overall, Appropriators said the entire Labor-HHS-Education section of the spending bill would contain $156.8 billion in discretionary money, roughly the same level enacted last year. The title is always among the most contentious of the annual spending bills because of the wide reach of the programs under its jurisdiction and has become even more of a lightning rod since passage of the health care overhaul in 2010.

Additionally, the bill would provide $100 million, a $1.6 million increase, for the Office of Civil Rights, which is responsible for investigating Title IX complaints of inappropriate campus response to sexual violence. Moreover, the Student Aid Administration received a $230 million increase from last year to $1.4 billion with part of that funding going to increased enforcement and data collection under the Clery Act. The Committee commended the Education Department for its emphasis on campus sexual assault prevention.

The Defense Department, however, would see its base budget rise $3.3 billion over current funding to $490.2 billion, an amount still $500 million less than what was requested by the Pentagon.

Of note in the Cromnibus:

  • National Institutes of Health received $30.1 billion, which is $150 million more than FY14.
  • National Science Foundation received $7.34 billion, which is $172.3 million above the 2014 enacted level. NSF’s MREFC received $200.8 million.
  • The Department of Education was cut by $166 million overall. Pell grants, however, received a net increase for ED of $137 million increasing the maximum award to $5,830. Federal Work Study received an increase of $15 million. The Student Aid Administration received an increase of $230.924 million. Race to the Top was eliminated.
  • National Aeronautics and Space Administration (NASA) received $18.01 billion for which is $363.7 million more than the 2014 enacted level.
  • National Oceanic and Atmospheric Administration (NOAA) received $5.4 billion, which is $126.4 million more than the 2014 enacted level.  Big winners at NOAA were Weather, which received $90.8M, which is $9.6M above the FY14 enacted level. Climate accounts remained relatively level with previous funding. Sea Grant received level funding of $62 million. NOAA Cooperative Labs and Institutes received $60 million, which is level funding. The bill provides $60 for Climate Competitive Research, Sustained Observations and Regional Information, the same as the FY14; $38M for Regional Climate Data and Information; $8.5M for Integrated Ocean Acidification, which is $1.5M above the FY14 enacted level; $41.3 for Sustained ocean observations and monitoring, which is comparable to the FY14 enacted level
  • National Weather Service operations received $954.2 million for, which is $526,000 above the 2014 enacted level.
  • The US Geological Survey received $5 million in additional funding Early Earthquake Warning funding on the Pacific Coast.
  • The Department of Defense’s S&T programs generally enjoyed increases in funding (6.1: $2.279 billion (+$112 million over FY14); 6.2: $4.605 billion (-$38 million below FY14);  6.3: $5.530 billion ($155 million above FY14)

The House is expected to pass the measure on Thursday and send to the Senate. The Senate is expected to pass it Thursday or Friday. The President is expected to sign it into law Friday.

Federal Relations will continue to update information on the Cromnibus as it move through the Congress and becomes law.