Avoiding Another Shutdown by Funding Border Security (Including $1.37 Billion For Barriers) & the Rest of the Gov't (H. Joint Res. 31)

What is H. Joint Res. 31?

(Updated August 25, 2021)

This bill was enacted on February 15, 2019

This bill has been amended to contain the conference report funding roughly one-fourth of the federal government through September. It includes funding for border security, food & nutrition programs, federal law enforcement agencies, public housing, foreign aid, public lands, and transportation programs. In its original form, this bill funded solely the Dept. of Homeland Security through February 8th, before it was amended to create the conference committee that negotiated this bill. A breakdown of the 1,159-page bill’s major provisions can be found below.

HOMELAND SECURITY

This section would provide $49.4 billion in discretionary funding to Dept. of Homeland Security (DHS) for FY2019, an increase of $1.7 billion from the prior year.

Customs and Border Protection: $14.9 billion would be provided, an increase of $942 million from the prior year, which would include the following allocations:

• $1.375 billion to construct approximately 55 miles of physical barrier along the southern border in the Rio Grande Valley of Texas. Barriers could only use designs in use as of 2017 and construction would be prohibited in environmentally sensitive areas such as a state park, the National Butterfly Center, and wildlife refuges.

• $564 million to install non-intrusive imaging equipment in the inbound lanes of southwest border land ports of entry to significantly increase the percentage of cars and commercial cargo scanned for narcotics and other contraband.

• $415 million for humanitarian relief including medical care, transportation, food & clothing, humanitarian improvements to the McAllen Central Processing Center, and for a new El Paso CBP processing facility.

• $113 million for additional air and marine assets, including three multi-enforcement aircraft.

• $100 million for new border security technology.

• $77 million for opioid equipment and staffing for use at international mail and express consignment facilities.

• $59 million for 600 new CBP officers and encouraging CBP to use fee funding to hire up to 600 additional officers for a total of 1,200 new officers.

U.S. Immigration & Customs Enforcement (ICE): $7.6 billion would be provided, an increase of $512 million from the prior year. The funding would include the following provisions and funding allocations:

• Continuing funding for 40,520 beds at ICE detention facilities and expressing Congress’s intent to reduce the daily population to that level from the current count of roughly 49,060.

• Expanding the Alternatives to Detention program from 82,000 to 100,000 and providing $30.5 million for ATD family case management to improve compliance with immigration court obligations.

• Funding additional detention facility inspectors in the Office of Professional Oversight to increase inspections from once every three years to twice per year.

• $7.4 million for additional attorneys and courtroom expansion to assist in the backlog of immigration cases.

• ICE would be required to make public data regarding the numbers and types of people in its custody, including families, border apprehension detainees, interior enforcement detainees, and those with a positive credible fear claim for asylum.

DHS would be prohibited from denying a member of Congress entry into any facility used to detain children or destroying any record related to potential sexual assault or abuse of an individual in DHS custody.

Coast Guard: Over $12 billion in total FY2019 funding would be provided, a decrease of $92 million from the prior year. Funding would provide for an additional 250 military personnel and new investments in Coast Guard fleets and facilities, including the first Polar Security Cutter in over 40 years.

U.S. Secret Service: $2.2 billion in funding would be provided for FY2019, an increase of $241 million from the prior year. It would fully support Secret Service activities and additional hiring needed for the 2020 presidential campaign and support for upcoming national security events. That’d include full funding for the National Center for Missing and Exploited Children, plus an additional $6 million targeted to training state and local officials in computer forensics and cyber investigations.

Transportation Security Administration (TSA): $4.9 billion in funding would be provided for the TSA, an increase of $884 million from the prior year. It’d make targeted investments in personnel, canine teams, and advanced checkpoint technology such as:

• Funding for new TSA personnel to staff checkpoints and mitigate wait times;

• Additional 50 canine teams to allow for increased throughput of passengers;

• Investments in future checkpoint technology;

• Fully funding layers of security such as passenger pre-screening, the Federal Air Marshal Service, and the Federal Flight Deck Officer program.

Federal Emergency Management Agency (FEMA): $16.6 billion in funding for FY2019, an increase of $4.2 billion from the prior year. That’d include more than $12 billion in disaster relief and $3.1 billion in grants for states, communities, citizens, and non-profits.

AGRICULTURE

This section of the bill would provide $23 billion in FY2019 discretionary funding for U.S. Dept. of Agriculture (USDA) programs and would authorize funding for mandatory nutrition programs at estimated levels.

Food and Nutrition Programs: This section would provide discretionary and mandatory funding for USDA’s food and nutrition programs, including:

• Supplemental Nutrition Assistance Program (SNAP): $73.477 billion in required mandatory funding would be provided to fund the program through 2019.

• Child Nutrition Programs: $23.141 billion in mandatory funding, which would provide meals for an estimated 30.7 million participants.

• Supplemental Nutrition Program for Women, Infants, and Children (WIC): $6.075 billion in discretionary funding, a decrease of $100 million — which is based on USDA enrollment estimates and won’t prevent eligible participants from getting benefits.

Rural Development: This section would provide $3.64 billion in FY19 funding, of which $625 million would be dedicated for infrastructure investments. It’d provide for the development of rural broadband, and finance $1.45 billion in loans for water & electric infrastructure, and $24 billion in rural housing & rental assistance.

Food and Drug Administration (FDA): This section would provide $3.08 billion in discretionary FY19 funding for the FDA, an increase of $269 million (the FDA gets another $2.5 billion in funding from user fees). It’d provide:

International Programs:

• $1.716 billion would be made available for Food for Peace grants, which support the delivery of American-grown food to foreign countries experiencing chronic hunger crises.

• The McGovern-Dole International Food for Education and Child Nutrition Program would be funded with $210 million.

The use of funds to inspect facilities for the slaughter of horses for human consumption would be prohibited.

COMMERCE, JUSTICE, AND SCIENCE

This section would provide $71.5 billion in discretionary funding — an increase of $409.1 million — for the federal government’s commerce, justice, and science-related activities through the Departments of Commerce and Justice, among other agencies.

The Commerce Dept. would be provided with $11.4 billion in funding for FY2019, an increase of $276.6 million from the prior year. Among the agencies that’d get funding include:

• U.S. Patent and Trademark Office (USPTO): $3.37 billion would be provided for USPTO to carry out its work of protecting the ideas and inventions of the nation’s entrepreneurs.

• Bureau of the Census: $3.82 billion would be provided, an increase of $1 billion from the prior year, so the Census Bureau can continue its efforts to hold the costs of the 2020 Census lower than the 2010 Census.

• National Weather Service: $1 billion for operating expenses and fully funding efforts to procure future weather satellites, which play an essential part in accurately forecasting weather.

Law Enforcement Grant Programs: A total of $3.02 billion would be provided for state and local law enforcement and crime prevention grant programs that’d go to state and local LEO agencies, the Office on Violence Against Women, and juvenile justice programs. The following grant programs are among those funded by this section:

• $497.5 million for Violence Against Women Act programs.

• $423.5 million for the Byrne JAG program, which is the primary grant program for state and local law enforcement agencies.

• $347 million for Comprehensive Addiction and Recovery Act programs to combat the opioid and heroin epidemic.

• $178 million for initiatives to address sexual assault kit and other DNA evidence backlogs.

• $87.5 million for Second Chance Act grants to reduce recidivism for adults released from jail by offering substance abuse treatment, employment assistance, and other rehabilitation services.

• $75 million for grants to improve the NICS firearm background check system.

• The Crime Victims Fund (CVF) would receive $3.35 billion for victims and victims services. Of the total, $10 million would be reserved for auditing grants made from the Fund while 5% would be set aside to improve services for tribal victims of crime.

The Science title of this bill funds several agencies, including:

• National Aeronautics and Space Agency (NASA): $21.5 billion would be provided for NASA in FY2019, an increase of $763.9 million from the prior year, to support human and robotic space exploration.

• National Science Foundation (NSF): $8.1 billion would be provided for the NSF, an increase of $307.6 million, to provide for basic research across scientific disciplines and to support the development of effective STEM programs.

FINANCIAL SERVICES & GENERAL GOV’T

This section of the bill would provide $23.42 billion in FY19 funding for the U.S. Treasury, the Judiciary, the Small Business Administration, several financial regulators, and other independent agencies. The amount would be equal to funding for the prior year.

Treasury Department: Funding for the Treasury Dept.’s various offices and entities would be broken down as follows:

• $11.3 billion for the Internal Revenue Service (IRS), of which $75 million would be focused on implementing tax reform. The IRS would be prohibited from rehiring former employees unless their past conduct & tax compliance is considered, targeting individuals for exercising their First Amendment rights, prohibit the targeting of groups based on ideology, or producing inappropriate videos and conferences.

• $214.6 million, an increase of $12.8 million from the prior year, for departmental offices to manage a growing caseload associated with the Committee on Foreign Investment in the U.S.

• $159 million for the Office of Terrorism and Financial Intelligence, which combats terrorism financing and administers economic and trade sanctions -- an increase of $17.2 million.

Judiciary: A total of $7.25 billion in discretionary FY19 funds would be provided, an increase of $142 million from the prior year, to allow for timely and efficient processing of federal cases, court security, and defender services.

Small Business Administration (SBA): The SBA would receive $715 million to provide assistance to small businesses, expand the economy, and promote job growth for unemployed & underemployed Americans.

General Services Administration (GSA): This section would allow the GSA to spend $9.3 billion out of the Federal Buildings Fund to provide for rent payments for offices leased by the federal government, operations & maintenance at properties owned by government agencies while $1.5 billion would go to construction. Maintenance, repairs, and alterations would be fully funded.

Securities and Exchange Commission (SEC): This section would provide $1.67 billion in funding for the SEC, an increase of $22.9 million from the prior year. It’d provide targeted funding for economic analysis within the Division of Economic and Risk Analysis.

District of Columbia: This section would provide $726 million in federal payments to DC, which would fund public safety and security costs, support the DC court system and its offender supervision program.

The Federal Communications Commission (FCC) would receive $339 million in FY19 funding, an increase of $17 million from the prior year.

The Federal Trade Commission (FTC) would receive $309.7 million in FY19 funding, equal to the prior year.

INTERIOR & ENVIRONMENT

This section would provide a total of $35.6 billion in FY19 funding for the Dept. of the Interior, the U.S. Forest Service, the Environmental Protection Agency (EPA), Bureau of Indian Affairs and other agencies.

Dept. of the Interior (DOI): A total of $13.109 billion would be provided for the DOI, including full funding for the Payment in Lieu of Taxes program that compensates local governments with untaxable federal property in their jurisdiction for the lost revenue opportunity. Among the agencies funded from this total include:

• Bureau of Land Management (BLM): $1.31 billion in FY19 funding would go to the BLM, an increase of $14 million from the year prior. Funds would go to administering energy and minerals programs while investing in public land management.

• National Park Service (NPS): $3.22 billion in FY19 funding would be provided to NPS, up $20 million from the prior year to address a backlog of construction, maintenance, and operate new park units.

• U.S. Fish & Wildlife Service (FWS): $1.58 billion would be provided for the FWS, a decrease of $17 million from the prior year. Within the total, increased funding would be available for the State and Tribal Wildlife Grants program and the North American Wetlands Conservation Act, while operation of fish hatcheries would be maintained. The prohibition on listing the greater sage grouse as an endangered species would continue.

• U.S. Geological Survey (USGS): A total of $1.16 billion in FY19 funding would be provided to USGS, an increase of $17 million from the prior year. Within the total, increased funding would go toward energy and mineral resources, mapping, natural hazards, and water resources.

• Bureau of Indian Affairs & Bureau of Indian Education (BIA/BIE): This section would provide $3.08 billion in FY19 funding for BIA & BIE, an increase of $17 million from the prior year.

Environmental Protection Agency (EPA): This section would provide $8.8 billion in FY19 funding for the EPA, an increase of $17 million from the prior year, including:

• $2.9 billion for the Clean Water and Drinking Water State Revolving Funds program, an increase from the prior year.

• $68 million would go to the Water Infrastructure Finance Act program, allowing billions in loans to finance water infrastructure.

U.S. Forest Service (USFS): This section would provide $3.08 billion in FY19 non-fire funding for the USFS, an increase of $28 million from the prior year.

Wildland Firefighting: This section would provide $3.95 billion to fight wildland fire, representing the 10-year average of fire suppression costs plus an additional $500 million in anticipation of regular funding being insufficient. Within the total, $3 billion would go to the Forest Service and $941 million to the Dept. of the Interior.

STATE & FOREIGN OPERATIONS

This section of the bill would provide $54.2 billion in fiscal year 2019 funding for the State Department, an amount equal to the prior year, to carry out diplomacy, promote democracy, provide assistance to allies, and global health programs to help the world’s most vulnerable populations. A breakdown of its various provisions can be found below.

State Department Operations: This section of the bill would provide funding for State Department operations and those of the U.S. Agency for International Development (USAID), along with other agencies and activities, including:

• $11.2 billion for the Administration of Foreign Affairs to maintain State Department staffing levels at FY2016 levels.

• $1.37 billion for USAID operating expenses, including maintaining staffing and operational levels consistent with prior fiscal years.

Multilateral assistance would total $1.86 billion to meet U.S. commitments to international financial institutions and assessed contributions for U.N.  organizations and peacekeeping activities. It’d also promote U.N. peacekeeping reforms by restricting funds for units involved in sexual exploitation and abuse.

Global Health: This section would provide a total of $8.8 billion in FY2019 funding for global health programs, of which $3.1 billion is for USAID health programs and $5.7 billion for the State Department (including PEPFAR).

International Security Assistance: This section of the bill would provide $9.15 billion in FY2019 funding for counterterrorism and nonproliferation programs, foreign military training and education programs, peacekeeping operations, plus military equipment for U.S. partners. It’d include:

• $3.3 billion for Israel, fully meeting U.S. commitments under the 2016 memorandum of understanding.

• $1.5 billion for Jordan.

• $445.7 million for Ukraine.

• $275 million for the Countering Russian Influence Fund.

Other Provisions

• The expanded “global gag rule”, which prohibits organizations that provide abortion services or refer/counsel patients on the topic from federal funding, would be eliminated as would restrictions on funding for the UN Population Fund.

• Existing prohibitions on the use of foreign aid funding for abortions would be maintained.

• Existing restrictions on assistance for the West Bank, Gaza, and the Palestinian Authority would be maintained.

• International Military Education and Training funds would be prohibited from going to Saudi Arabia.

• An additional 4,000 Special Immigrant Visas (SIVs) would be made available for Afghans who assisted in combat operations.

TRANSPORTATION, HOUSING & URBAN DEVELOPMENT

This section of the bill would provide a total of $71.1 billion in discretionary funding for the Departments of Transportation, Housing and Urban Development — an increase of $1 billion from the year prior.

Transportation: This section would provide $86.5 billion in funding and user fees to fund transportation safety agencies and related infrastructure investments. That’d include:

• $900 million for TIGER or BUILD grants to invest in national infrastructure, evenly divided between urban and rural areas.

• $49.3 billion in budgetary resources from the Highway Trust Fund for the Federal-aid Highways Program.

• $17.5 billion in budgetary resources for the Federal Aviation Administration (FAA) to fully fund air traffic controllers, engineers, maintenance technicians, safety inspectors, and operational support personnel.

• $2.9 billion for the Federal Railroad Administration, including $1.9 billion to Amtrak’s Northeast Corridor and National Network to continue service for all current routes.

• $13.5 billion for the Federal Transit Administration (FTA), with grants totaling $9.9 billion from the Highway Trust Fund’s Mass Transit Account.

• $966 million for the National Highway Traffic Safety Administration, $667 million for the Federal Motor Carrier Safety Administration, and $275 million for the Pipeline and Hazardous Materials Safety Administration.

Housing & Urban Development (HUD): This section would provide $44.2 billion in discretionary FY19 funding for HUD, an increase of $1.5 billion from the prior year. Increases are targeted toward continuing assistance for elderly and disabled beneficiaries of rental assistance programs. HUD’s rental assistance programs would receive the following amounts:

• $20.3 billion in Tenant-Based Rental Assistance through Section 8.

• $11.7 billion for project-based Section 8.

HUD’s Community Planning and Development programs would receive a total of $7.7 billion, an increase of $99 million from the prior year. Of the total, $3.4 billion would go to Community Development Block Grants, $2.6 billion to Homeless Assistance Grants, $1.3 billion for the HOME program, and $393 million to provide housing for people with AIDS.

Argument in favor

This bill reflects a bipartisan compromise that will keep the government funded through September and provide resources for border security, including the construction of 55 miles of new barriers. It’s not perfect, but it’s the best Congress can do.

Argument opposed

This bill doesn’t provide enough funding for border security. Alternatively, it shouldn’t allow for the construction of any new barriers on the U.S.-Mexico border. Congress shouldn’t pass a nearly 1,200-page bill less than 24 hours after introducing it.

Impact

Relevant agencies and Congress.

Cost of H. Joint Res. 31

A CBO cost estimate is unavailable.

Additional Info

In-Depth: This funding bill was negotiated by a conference committee led by the chairs of the House and Senate appropriations committees, Rep. Nita Lowey (D-NY) and Sen. Richard Shelby (R-AL). Announcing the package, Lowey said:

“We cannot repeat the disastrous government shutdown, so it is incumbent on Congress to come together to responsibly fund our government. This legislation represents a bipartisan compromise and will keep our government open while funding key priorities. This agreement denies funding for President Trump’s border wall and includes several key measures to make our immigration system more humane. It also rejects the President’s irresponsible budget cuts and instead invests in priorities that will strengthen our families, communities, and economy, like public safety, support for small businesses, environmental protection, transportation, housing and robust American leadership.”

Sen. Shelby added:

“I am pleased that my fellow conferees and I were able to reach an agreement to secure the border and avoid another government shutdown. This legislation makes a significant down payment on the border wall and provides a bipartisan path forward to complete the remaining FY19 spending bills. I urge my colleagues on both sides of the aisle to support this package so we can demonstrate to the American people that we are here to work together and do our jobs.”

President Donald Trump has expressed frustration with this funding package, telling reporters “I can’t say I’m thrilled.” However, he hasn’t indicated that he’d veto the bill, and negotiators said they believe he will accept it as a down-payment on future border security investments.

The conferees who negotiated this package included:

• Republican Sens. Richard Shelby (AL), Shelley Moore Capito (WV), John Hoeven (ND), and Roy Blunt (MO).

• Democratic Sens. Patrick Leahy (VT), Dick Durbin (IL), and Jon Tester (MT).

• Democratic Reps. Nita Lowey (NY), Lucille Roybal-Allard (CA), David Price (NC), Barbara Lee (CA), Henry Cuellar (TX), and Pete Aguilar (CA).

• Republican Reps. Kay Granger (TX), Chuck Fleischman (TN), Tom Graves (GA), and Steven Palazzo (MS).

Of those, Graves was the only one who didn’t sign off on the final product because he had one hour to review the 1,159-page bill before his signature was required and felt that he couldn't sign off on it in good conscience without having read it all.

Media:

• House Appropriations Committee Democrats Press Release

• Senate Appropriations Committee Republicans Press Release