H.R. 3547 - House Amendment to the Senate Amendment: House Amendment to the Senate Amendment to H.R. 3547, Consolidated Appropriations Act, 2014

H.R. 3547

House Amendment to the Senate Amendment to H.R. 3547, Consolidated Appropriations Act, 2014

Sponsor
Rep. Hal Rogers

Date
January 15, 2014 (113th Congress, 2nd Session)

Staff Contact
Communications

Floor Situation

On Wednesday, January 15, 2014, the House will consider the House Amendment to the Senate Amendment to H.R. 3547, the Consolidated Appropriatons Act, 2014, under a rule.  The Amendment was introduced by the Representative Hal Rogers (R-KY), Chairman, House Committee on Appropriation, on January 13, 2014.  

Bill Summary

The Amendment provides funding for the federal government for the remainder of FY 2014 at the 1.012 trillion discretionary base level set forth in the Bipartisan Budget Agreement. Key points worth highlighting, include the following:

  • Funding Level –The bill abides by all the terms set by the Bipartisan Budget Act of 2013 (the “Ryan-Murray Agreement”), providing a total of $1.012 trillion for the operation of the federal government, and meeting the $520.5 billion defense and $491.7 billion non-defense budget caps.
  • Military Pension “Fix” – The legislation amends the Ryan-Murray Agreement to exempt medically retired personnel and survivor benefit plan recipients from having their cost-of-living benefits temporarily reduced. This will ensure disabled veterans and surviving families receive the full benefits they are due.
  • ObamaCare – The bill provides no new funding for ObamaCare, and holds the line on funding for the Centers for Medicare and Medicaid Services – the prime agency responsible for the implementation of ObamaCare. In addition, the bill rolls back ObamaCare funding in other areas, including reducing the Prevention and Public Health Fund by $1 billion to prevent the Secretary of Health and Human Services from raiding these funds for ObamaCare exchanges.
  • Life – The Omnibus maintains all existing pro-life policy and funding provisions that have been carried in Appropriations legislation in previous years, including the Hyde Amendment, a ban on public funding for abortions in the District of Columbia, and a ban on abortion funding for federal prisoners. The bill also reduces Title X family planning funding by $10 million. 
  • National Security – The Omnibus contains the fiscal year 2014 Defense Appropriations bill, providing funding for our nation’s security, military readiness, and resources for our troops at home and abroad. The bill will fund important Department of Defense programs and projects, a pay raise for our troops, and the advancement of our military operations to protect the nation from current and future threats.
  • Policy Provisions – Many policy provisions are included in the Omnibus, including:
    • A ban on the Administration’s onerous “light bulb” standard;
    • Provisions to protect Second Amendment rights;
    • A provision to ensure Yucca Mountain maintains its viability for future use;
    • Bans and limitations on federal agency conferences, travel, and awards;
    • A provision to prohibit the Export-Import Bank and OPIC from blocking coal and other power-generation projects, which will increase exports of U.S. goods or services;
    • A provision prohibiting funds for the Army Corps of Engineers to change the definition of “fill material,” which could have harmful effects on many U.S. industries;
    • Provisions to stop the transfer or release of Guantanamo detainees into the U.S.; and
    • A restriction on the Grain Inspection, Packers and Stockyards Administration (GIPSA) from implementing regulations harmful to the livestock and poultry industry.
  • Savings and Oversight of Tax Dollars – The bill includes program cuts and oversight provisions to ensure the responsible use of taxpayer dollars. Some of these items include:
    • No funding for High Speed Rail;
    • Extensive reporting requirements for the IRS;
    • No funding for three new DHS headquarters buildings;
    • Oversight and monitoring requirements to weed out waste and abuse in nutrition programs;
    • No funding for contributions for the UN Educational, Scientific, and Cultural Organization (UNESCO);
    • A pay freeze for the Vice President and senior political appointees;
    • No funding for the Administration’s Preschool Development Grants and Race to the Top College Affordability proposals; and
    • No funding for the International Monetary Fund.

According to the Appropriations Committee, the bill is divided into twelve divisions (A-L).

Division A provides for an overall funding level for Agriculture appropriations at $22.9 billion, nearly equal to level enacted in FY 2009. The bill restricts the Grain Inspection, Packers and Stockyards Administration (GIPSA) from implementing regulations that allow harmful federal government intrusion in the private market for livestock and poultry that would cost the industry billions. It includes $215 for the CFTC, which is $100 million below the Senate level. Of that $35 million is dedicated to information technology and prevents additional hiring. It rescinds $270 million that went unused by the Department of Agriculture; cuts $49 million from the biofuels program and eliminates the Pesticide Record Keeping Program; prevents funding for the creation of a new and unnecessary budget office; contains stringent requirements for the WIC program including food vendors to contain costs and ensure proper spending; and finally contains new reporting requirements for SNAP and School Nutrition Programs to reduce error rates, fraud, and improper payments.

Division B provides an overall funding level of $51.6 billion for Commerce, Justice, Science appropriations, $6 billion below the FY 2009 funding level. Specifically, the bill maintains all important 2nd amendment policy provisions, including prohibitions on various criteria related to the import and export of certain firearms; it supports critical law enforcement activities, including providing an increase of $232 million above FY 2013 to fund counter terrorism and cyber security activities; it prohibits any funding from being used to implement any Fast and Furious like activities; it maintains all pro-life riders including a ban preventing the Legal Services Corporation from participating in abortion related litigation and a ban on providing abortion services to federal prisoners; it prohibits any funding from being used to transfer detainees in Guantanamo Bay from being transferred to the United States and for construction or acquisition of a prison in the United States to house such detainees; it prioritizes national science foundation funding to programs that strengthen U.S. innovation and competitiveness.

Division C provides an overall base level of $486.9 billion for the defense funding. The bill fully funds the one percent pay raise for the troops; provides an $823 million increase above the President’s request for military health activities, including for research on traumatic brain injuries and prosthetic devices; prohibits funds to conduct an acquisition under section 702 of FISA to target a U.S. person; prohibits funds to acquire, store, or monitor the electronic communications of a U.S. person from a public service provider under section 501 of FISA; restricts funds for Pakistan until stringent requirements and certifications are met; restricts funds for Rosonboroexport, the Russian supplier of arms, to Syria regime fighters; prohibits the Afghanistan Infrastructure Fund from being used to commence new projects; restricts sharing of classified information on U.S. Missile Defense System with Russia.

Division D provides an overall funding level of $34 billion for energy and water programs, shifting a larger percentage of funding into critical infrastructure projects and nuclear weapons activities while moving it away from conservation research activities.  The bill prohibits the Department of Energy from forcing manufacturers to stop producing incandescent light bulbs; increases funding by $874 million above current spending to support our nuclear weapons infrastructure and stockpile provides full funding for the critical life extension of the B61 warhead; increases funding for the Army Corp of Engineers by ten percent above FY 2013 enacted levels for projects related to navigation and flood control, public safety, job creation, and U.S. waterways; provides $1 billion for activities related to the Harbor Maintenance Trust Fund; prohibits the Administration for changing the definition of “fill material;” and prevents the President’s attempt to move more energy research funding to renewables decreasing funding by $874 million below the President’s request; maintains funding to finish the third volume of the Yucca Mountain Safety Evaluation report.

Division E provides $21.8 billion for the financial services appropriations division, $84 million below the FY 2009 enacted levels. It reduces funding for the IRS by $526 million below FY 2013 enacted levels; no new funding is authorized to implement Obamacare; directs that $92 million be set aside to improve taxpayer services and address refund fraud, identity theft, and overseas compliance; it includes a provision prohibiting any funds from being used to target groups for scrutiny based upon their political beliefs or to target citizens for exercising their First Amendment rights; prohibits funds for video production that has not been review for cost, content, tone and purpose; and requires extensive reporting on IRS spending, training, and bonuses; prohibits the District of Columbia from using either local or federal funds from being used to provide abortions or abortion related services; prohibits the use of federal funds for abortions within the Federal Employee Health Benefit program; blocks Senate language providing the District of Columbia with local funds budget autonomy; blocks the $324 million increase  for the SEC advocated by the White House and Senate; rescinds the $25 million slush fund money for the SEC to implement programs that were not authorized by Congress; increases transparency by requiring the Administration to provide reports on the costs of Dodd-Frank; prohibits the FTC from reporting on the marketing of food to children unless they conduct a cost-benefit analysis; prohibits requiring businesses from having to disclose political contributions as part of the bid process for federal contracts; blocks a pay raise for the Vice President and senior political appointees; requires extensive reporting requirements on GSA’s facility inventory, spending, training bonuses, takings, and facility exchanges; and a implements a government-wide ban on painting of portraits.

Division F provides an overall funding level of $39.3 billion for homeland security activities, a reduction of $336 million from FY 2013 enacted levels and $2.9 billion below FY 2009 levels. It includes language reducing Departmental overhead by $19.4 billion below post-sequester levels; requires 31 spending plans; denies the creation of three new bureaucratic headquarters offices; and mandates the first ever comprehensive accounting of DHS’s ammunition inventories, usage, and purchases; it provides for 21,307 patrol agents and 24,800 CBP officers – the highest totals in history of the agency; 2,000 CBP agents are directed to reduce passenger processing times at airport customs stations; authorizes public-private partnerships at ports of entry; includes language requiring  the Secretary to ensure enforcement of immigration laws and provides for a minimum daily average of 34,000 detention beds; fully funds e-verify; blocks the White House and Senate efforts to cut ICE enforcement, increase enforcement activity by 4.5 percent above the request; eliminates the ICE public advocate position; cuts TSA’s budget by $200 million; and does not allow TSA to collect an increased passenger security fee as proposed by the Senate; increases privatized airport screening activities by $5 million and requires TSA to apply generally accepted accounting methods to accurately compare the costs of private screening versus government screening; maintains a 46,000 FTE cap on TSA screeners; adds funding for 10 additional canine teams.

Division G provides an overall funding level of $30.1 billion for interior bill programs. The bill reduces EPA funding by $143 million below the FY 2013 enacted levels; rejects a $72 million proposal for EPA regulatory programs; includes language to relieve livestock operations from EPA permitting requirements; includes a provision to exempt livestock producers from EPA greenhouse gas regulations; prevents a Senate proposal to increase from 30 to 90 days the review period for OCS leases; blocks a Senate and Administration proposal to impose new inspection fees for on shore oil and gas producers; provides additional resources to promote domestic onshore energy and minerals development; holds land and water conservation fund to post sequester level of $306 million; prohibits the Interior Department from administratively creating new wilderness areas; dedicates  new funding to the Bureau of Ocean Management to approve drilling permits, expedite exploration plan approvals, and hire inspectors and engineers; extends authority to renew grazing permits administered by BLM and the Forest Service for two years; includes language to curtail frivolous environmental lawsuits related to grazing; includes a new provision protecting trailing livestock across public lands to grazing allotments; blocks the Administration and Senate proposal to institute new grazing fees on BLM and Forest Service lands; provides additional resources to reduce grazing permit backlogs; fully funds wildfire operations at the 10-year average and fully reimburses agencies for all fire borrowing in FY 2013; provides $452 million for hazardous fuels activities, which is $150 million above the President’s budget request; and prevents funding for the construction of the Eisenhower Memorial and urges the Commission to work with Congress and the Eisenhower family in the planning and design process, continuing the language of contained in the CR.

Division H provides an overall funding level of $156.8 billion for programs and activities contained in the labor, health and human services, education appropriation bill. This is $9 billion below the President’s request. The bill does not include new funding for Obamacare; holds funding for the Centers of Medicare and Medicaid Services at the post-sequester level and walls of new funding for CMS solely for benefits process for the growing senior population and to implement the extension of the sustainable growth rate; it prevents the Secretary of HHS from using the prevention and public health fund to support Obamacare exchanges; and eliminates $10 million for the Independent Payment Advisory Board. The bill includes a $5 million set aside for abstinence-only education, decreases title X funding by $10 million below the FY 2013 level; maintains all current pro-life riders such as the conscience protections, the Hyde amendment; Hyde-Weldon abortion non-discrimination, rape reporting requirements, Dickey Wicker restrictions on embryo destructive research funding; continues the prohibition on using federal funds for lobbying; protects the current ratio of funding between cold weather and warm weather states as it relates to LIHEAP; continues the ban on needle exchange programs; does not fund the Administration’s proposed universal pre-school development grants program and race to the top college affordability program; cuts the NLRB’s budget by $4 million compared to last year’s level and by $10.8 million compared to the President’s request; it decreases funding for the Department of Labor by $49 million compared to the FY 2013 level; provides $6.9 billion for the CDC, including $30 million for the advance molecular detection initiative, $160 million for the preventative health and human services block grant; $1.3 billion for public health preparedness and response, and $225 million for project bioshield; and provides $29.9 billion for NIH to support basic biomedical research and translational research through programs like the clinical and translational science award and institutional development award.

Division I provides an overall funding level of $4.2 billion for the legislative branch virtually maintaining the sequester level of funding for House activities. It maintains capitol police funding at the FY 2013 enacted level and provides $16 million to continue the next phase of the Capitol Dome restoration project.

Division J provides $73.3 billion for programs funded by the military construction and Veterans Administration appropriations bill.  This is an increase of $1.4 billion above FY 2013 enacted levels.  The bill ensures the Department of Defense and Department of Veterans’ Affairs are developing electronic health records that seamlessly transfer medical information between the two departments providing $323 million for these activities; it provides $43.6 billion to provide care for approximately 6.5 million patients estimated to be treated in 2014; includes a comprehensive initiative to reduce the current backlog with the goal of ending by 2015; provides $90 million for potential overtime and $10 million for claims processors; provides $140 million for IT upgrades to improve the paperless claims processing system; provides $88 million for the board of Veterans’ Appeals to address the growing appeals backlog; includes provisions directing audits to assess performance and rigorous monthly reporting requirements to track the performance of each regional office. Finally, the bill provides $1.4 billion in savings by rescinding unused funding and eliminating 20 military construction projects that lacked sufficient justification.  

Division K provides an overall funding level of $49 billion for programs in the state and foreign operations appropriations bill. This is a decrease of $4.3 billion below the FY 2013 enacted level. The bill increases security funding for embassies by $5.4 billion to ensure the protection of personnel and facilities; it prohibits aid to Libya until the Secretary of State confirms Libyan cooperation in the Benghazi investigation; it blocks a $4.5 million increase for UNFPA requested by the Senate and the White House and retains language withholding funds dollar for dollar from UNFPA if they operate a  program in China; maintains all longstanding prolife riders including the Tiahrt amendment ensuring that family planning programs are voluntary, the Helms Amendment banning foreign aid on abortions, the Kemp-Kasten Amendment prohibiting funds to organizations that the Administration determines to support coercive abortions or involuntary sterilization and the prohibition on Peace Corp funds being used for abortions; prohibits funding for the renovation of UN headquarters in New York; prohibits funding for a new London embassy; provides no funding or authority for debt relief for foreign countries; prohibits funding to move the Vatican embassy unless certain conditions are met; prohibits funding to implement the UN Arms Trade treaty; and provides no funding for the UN Educational, Scientific, and Cultural Organization (UNESCO). The bill conditions funding for the UN Human Rights Council and withholds 15 percent of funding for UN agencies until audits are made fully available; prohibits OPIC and the Export Import bank from blocking coal-fired or other power generation projects in low and lower middle income countries as had been proposed. The bill fully funds the $3.1 billion commitment to Israel and stops economic assistance to the PLA if the Palestinians obtain membership to the UN or UN agencies without an agreement with Israel. Finally, the bill conditions aid to Afghanistan, Pakistan, Egypt, and the PLA and requires Congressional notification before aid can be sent.

Division L provides $50.8 billion, a decrease of $961 million below the FY 2013 enacted level and $4.1 billion below FY 2009 levels. The bill reduces Amtrak operations by $126 million ; zeros out funding for high speed rail; fully funds MAP 21 level of $41 billion for the FY 2014 federal highway program; prevents implementation of new airline passenger fee; fully funds air traffic control and aviation safety operations in the FAA while reducing the overall department funding by $168 million; decrease funding for the Federal Transit Administration by $100 million; and decreases funding HUD by $687 million below the FY 2013 enacted level and prohibits funding for any green or sustainable housing initiative.

Background

On December 12, 2013, the House passed, and the President later signed into law on December 26, 2013, an amendment to H.J.Res. 59, the Bipartisan Budget Act of 2013, by a vote of 332-94. (See Roll Call  #640).  Specifically, the agreement sets overall spending for FY 2014 at $1.012 trillion and FY 2015 at $1.014 trillion for a total of $63 billion in sequester relief. Top line defense spending under the agreement is set at $520.5 billion for FY 2014 and $521.3 billion for FY 2015. Top line non-defense spending is set at $491.8 billion for FY 2014 and $492.4 billion for FY 2015.

Cost

According to CBO, the Senate Amendment provides a discretionary base budget authority for FY 2014 totaling $1.012 trillion.

Additional Information

For questions or further information contact the GOP Conference at 5-5107.