Reopening Agencies Affected by the Shutdown (Except Homeland Security) Thru September (H.R. 648)

What is H.R. 648?

(Updated September 2, 2019)

This bill would reopen agencies affected by the partial government shutdown except for the Dept. Homeland Security through September when fiscal year 2019 ends. A breakdown of its various provisions can be found below.

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:

• $88.5 million of medical product initiatives, including full funding for the Oncology Center of Excellence;

• $70 million as authorized in the 21st Century Cures Act;

• $66 million for opioid prevention efforts; and

• $15 million for food safety initiatives.

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 accurate weather forecasting.

The Justice Department would be provided with $30.9 billion in funding for FY2019, an increase of $638 million from the prior year. That’d include a 2% increase for salaries and expenses for most federal law enforcement agencies. Among the entities funded under this section would include:

• Federal Bureau of Investigation (FBI): The FBI would receive $9.6 billion to cover salaries, expenses, and construction — an increase of $15 million from the prior year.

• Drug Enforcement Administration (DEA): $2.3 billion would be provided for the DEA, an increase of $77 million from the prior year, to continue its enforcement of controlled substances laws and regulations — particularly efforts to combat heroin use and prescription drug abuse.

• U.S. Marshals Service (USMS): $2.93 billion would be provided for the USMS, an increase of $25 million from the prior year.

• U.S. Attorneys: $2.2 billion would be provided for the 94 U.S. Attorneys offices, an increase of $75 million from the prior year.

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 $23.81 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 represent an increase of $387 million from 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 $9.85 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.

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.

• 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

Congress has a constitutional responsibility to fund the government and this bill reflects many of the provisions that passed the Senate with overwhelming support in the last Congress. Leaving funding for Homeland Security out of this bill allows negotiations over border security funding to continue.

Argument opposed

The House should focus on reaching a deal to reopen agencies affected by the government shutdown that funds Homeland Security and includes funding to secure the Southern border instead of debating and voting on a bill that will never be signed into law by the president.

Impact

Relevant agencies and Congress.

Cost of H.R. 648

A CBO cost estimate is unavailable.

Additional Info

In-Depth: House Appropriations Committee Chairwoman Nita Lowey (D-NY) introduced this bill to fund agencies affected by the ongoing partial government shutdown except for Homeland Security at levels agreed to in the House-Senate conference agreements in the last Congress:

“House Democrats are committed to ending the Trump Shutdown by finding areas where both parties can agree and providing additional time to negotiate where we don’t. This bill reflects bipartisan compromise and merits strong support from both sides of the aisle and both ends of the Capitol. We should pass this bill, reopen the government, and pay our federal employees. After we do that, we can have robust negotiations on border security and immigration policy.”

A similar bill passed the House on a 241-190 vote on the first day of the 116th Congress.

President Donald Trump and Senate Majority Leader Mitch McConnell (R-KY) have said that no funding bills will become law unless the $5.7 billion border security funding request is included.

Media:

• House Appropriations Committee Democrats Press Release
  
• Countable (Context)