March 09, 2022

The House Amendment to the Senate Amendment to H.R.2471 – Consolidated Appropriations Act, 2022

NOTEWORTHY

Bill Status: The House message to H.R.2471, as amended, is expected to pass the House on March 9. The Senate is expected to vote on the measure this week. A House message is privileged. The motion to proceed is not debatable, and 60 votes are required to end debate on the measure.
Overview of the Issue: The federal government’s new fiscal year began October 1, 2021, but Congress has not yet completed action on the 12 annual funding measures. The government is currently operating under a continuing resolution that expires March 11. Without full–year appropriations or a continuing resolution in place by the deadline, the government will shut down.
Executive Summary of the Bill: The House message to H.R.2471 provides discretionary appropriations for agencies covered by the 12 annual appropriation acts. Divisions A-L of the bill provide $1.5 trillion in base discretionary budget authority for 2022, including $782 billion in defense funding, an increase of $42 billion (6%) over FY 2021, and $29 billion over the budget request. The bill also provides $703 billion in base non–defense funding. This represents a $42 billion increase over fiscal year 2021 but a $64.2 billion cut in non-defense spending from the President’s budget request. The bill retains legacy riders, like the Hyde Amendment, and does not include any Democrat poison pills. Division N provides $14 billion in supplemental appropriations for emergency assistance for Ukraine. Division O provides extensions for programs whose authorizations expire with the continuing resolution on March 11. Divisions P-HH contain a number of authorizing provisions and extensions of certain expiring or expired authorities.

NOTABLE BILL PROVISIONS

Division A – Agriculture, Rural Development, Food and Drug Administration

Division A provides $25.1 billion in total base discretionary funding. When compared to FY 2021, the bill represents a $1.7 billion increase.

Department of Agriculture

Farm Service Agency – $1.1 billion. Bans the closure of FSA county offices.
Rural development – $3.9 billion. This includes $1.4 billion in loan authority for rural water and wastewater programs.
Food and Nutrition Programs – Fully funds nutrition programs through FY 2022

Food and Drug Administration

$3.3 billion in discretionary funding

Division B – Commerce, Justice, Science

Division B provides $69.6 billion in non-defense discretionary funding. This is an increase of $4.3 billion over 2021 enacted levels. The bill provides for $6.1 billion in defense spending, an increase of $323 million over FY 2021. Most of this spending is related to the FBI’s national security mission.

Department of Commerce – $9.9 billion, including:

International Trade Administration – $570 million
Economic Development Administration – $374 million
Minority Business Development Agency – $55 million
Census Bureau – $1.3 billion
National Telecommunications and Information Administration – $50 million
U.S. Patent and Trademark Office – $4.1 billion
National Institute of Standards and Technology – $850 million for Scientific and Technical Research Services, and $174.5 million for Manufacturing Extension Partnerships and Manufacturing USA.
National Oceanic and Atmospheric Administration – $5.9 billion

Department of Justice – $35.2 billion, including:

Executive Office for Immigration Review – $760 million
Federal Bureau of Investigation – $10.1 billion
Drug Enforcement Administration – $2.4 billion
Bureau of Alcohol, Tobacco, Firearms and Explosives – $1.5 billion
Federal Prison System – $7.9 billion
Provides $575 million for activities related to countering violence against women
Community Oriented Policing Services – $511.7 million

Science - $32.9 billion, including:

Office of Science and Technology Policy – $6.6 million
National Aeronautics and Space Administration – $24 billion, up $770 million from FY 2021
National Science Foundation – $8.8 billion

Related Agencies

Commission on Civil Rights – $13 million
Equal Employment Opportunity Commission – $420 million
International Trade Commission – $110 million
Legal Services Corporation – $489 million
Office of the U.S. Trade Representative – $56 million

Policies

Maintains all current law riders and provisos with respect to firearms.
Maintains all current law riders and provisos with respect to values-related matters.

Division C – Defense

The bill provides (part 1, part 2) $728.3 billion in defense spending, which is an increase of $32.5 billion over 2021 levels and a $22.4 billion increase over the president’s budget.

The military personnel account is funded at $9.1 billion over FY 2021, for a total of $166.9 billion; operations and maintenance is $256.3 billion; procurement is $8.4 billion above FY 2021 totaling $144.9 billion; research, development and evaluation is $12.1 above FY 2021, totaling $119.2 billion.

Highlights include:

2.7% military pay increase
$26.7 billion for 13 battle force ships, including: two Virginia class submarines; two DDG-51s; and one constellation class frigate
$8.5 billion for 85 F-35s
$3.1 billion for 29 C/KC/MC-130J aircrafts, including 16 for the Air National Guard and four for the Air Force Reserve
$2.9 billion for B-21 research and development
$2.6 billion for Ground Based Strategic Deterrent research and development
$2.3 billion for 14 KC-46 tankers
$1.5 billion for Next Generation Air Dominance
$1.4 billion for development and implementation on U.S. military capabilities in the Indo-Pacific
$1.2 billion for 90 Abrams tank upgrades
$1.1 billion for 12 F-15EXs
$1 billion for 228 Stryker vehicles
$1 billion for Israeli Iron Dome requirements
$977 million for 12 F/A-18s
$842 million for 33 UH/HH-60M Blackhawks
$599 million for long range standoff weapon research and development
$300 million for the Ukrainian Security Assistance Initiative
$139 million for 41 Stryker A1 vehicles

Division D – Energy and Water

Division D provides $52.8 billion in total discretionary funding for energy and water programs in FY 2022, up $3.4 billion from FY 2021.

Nuclear Security

$1.7 billion for nuclear energy research, development, and demonstration activities
$29.1 billion in funding for defense related activities at the Department of Energy, including:
1. $15.92 billion for nuclear weapons activity, $575 million over FY 2021 for Department of Energy nuclear security programs and full funding for B61, W88, and W80-4 warhead life extension
2. $1.9 billion for naval reactors
3. $2.4 billion for defense nuclear nonproliferation

Army Corps of Engineers

$8.3 billion. This includes $2.4 billion for construction, reflecting funding provided under the bipartisan Infrastructure Investment and Jobs Act, as well as $4.5 billion for operation and maintenance.

Bureau of Reclamation

$1.9 billion, including $1.7 billion for water and related resources

Division E – Financial Services and General Government

Division E provides $25.5 billion in total base discretionary funding. This is an increase of $1.4 billion over FY 2021 enacted levels. Division E also provides $39 million in defense spending.

Department of the Treasury – $14.3 billion, which is $811 million more than the FY 2021 level. It includes $195 million for the office of terrorism and financial intelligence.
Executive Office of the President – $785.8 million, a $27.1 million increase
Federal Judiciary – $8 billion, $267.3 million more than 2021
Federal payments to the District of Columbia – $775.5 million, $28 million more than 2021, including $40 million for a tuition support program for D.C. residents
Consumer Product Safety Commission – $139 million
Federal Communications Commission – $381.9 million
Federal Election Commission – $74.5 million
Federal Labor Relations Authority – $27.3 million
Federal Trade Commission – $376.5 million
Provides $9.3 billion for GSA to use for real property acquisition, management, and operations.
Provides $5 million for allowances and office staff for former presidents.
Office of Personnel Management – $372.9 million
Office of Special Counsel – $30.3 million
Postal Regulatory Commission – $17.5 million
Securities and Exchange Commission – $1.9 billion
Small Business Administration – $278.3 million for salaries and operating expenses and $290 billion for entrepreneurial development programs

Policies

Permits funding for 1-800 taxpayer help line and directs the IRS commissioner to make improving phone service a priority.
Provides the IRS with direct hiring authority for positions to process backlogged tax returns.
Prohibits SEC funding from being used to require the disclosure of political contributions, contributions to tax-exempt organizations, or dues to trade associations in filings.
Prohibits federal agency funding from being used to provide federal employees’ home addresses to labor organizations, except if the employee authorizes it or there is a court order.
Prohibits funding from being used to require entities that are federal contractors to disclose their political contributions.

Division F – Homeland Security

Division F provides the Department of Homeland Security with a total of $57.5 billion in net discretionary appropriations for DHS and $18.8 billion for the Disaster Relief Fund, totaling $76.3 billion. The bill also restores $2 billion in funding for construction of a wall on the southern border.

Customs and Border Protection – $14.6 billion, as well as $1 billion to address increased encounters at the border
United States Coast Guard – $13.5 billion
Transportation Security Administration – $8.5 billion
Immigration and Customs Enforcement – $8.3 billion, with additional $239 million to respond to increased southern border encounters
Cybersecurity and Infrastructure Security Agency – $2.5 billion
Maintains current ICE detention bed capacity levels of 34,000

Division G – Interior and Environment

Division G provides $40.4 billion in total discretionary funding for interior and environment programs in FY 2022. Overall, this is an increase of $1.9 billion over FY 2021.

U.S. Department of the Interior – $14.5 billion, including full funding for the Payment in Lieu of Taxes program
Bureau of Land Management – $1.4 billion, an increase of $101.3 million above the 2021 enacted level
National Park Service – $3.2 billion, an increase of $142 million
U.S. Fish and Wildlife Service – $1.6 billion, up $62 million from FY 2021
U.S. Geological Survey – $1.3 billion, $78.8 million above FY 2021
Office of Surface Mining – $268.1 million, up $45.5 million from FY 2021
Indian Health Service – $6 billion, an increase of $395 million from FY 2021
Bureau of Indian Affairs – $2.26 billion, up $104 million from FY 2021
Bureau of Indian Education – $1.2 billion, up $44 million from FY 2021
Environmental Protection Agency – $9.5 billion, up $322.3 million from FY 2021
U.S. Forest Service – $7.8 billion, up $396 million from FY 2021
Smithsonian Institution – $1.06 billion

Division H – Labor, Health and Human Services, Education

Division H (part 1 and part 2) provides $197 billion in base non-defense discretionary funding for LHHS programs in 2022, along with $12.7 billion in savings from CHIMPs, resulting in an effective allocation increase of $15.3 billion from FY 2021.

The bill maintains both the Hyde amendment and the Weldon conscience protection amendment, which restrict funding for abortion. The measure contains no new controversial policy riders.

Department of Labor

Training and employment services – $3.9 billion, an increase of $249 million, for programs including: $2.9 billion in workforce training grants to states; $99 million for YouthBuild activities; and $235 million for the apprenticeship program
State unemployment insurance compensation – $2.9 billion for state operations of the unemployment insurance system, an increase of $285 million from FY 2021
Veterans Employment and Training Service – $325 million, an increase of $9 million, including: $183 million for grants to states and $60.5 million for the homeless veterans program

Department of Health and Human Services

Advanced Research Projects Agency for Health – provides $1 billion to establish ARPA-H within HHS
National Institutes of Health – $45 billion, an increase of $2.3 billion above the FY 2021 enacted level. This includes $6.9 billion for the National Cancer Institute; $3.5 billion for Alzheimer’s and other dementia research; and $25 million to implement the Accelerating Access to Critical Therapies for ALS Act
Centers for Disease Control and Prevention – $8.5 billion, an increase of $582 million
Substance Abuse and Mental Health Services Administration – $6.5 billion, including $2 billion for mental health services; $101.6 million for the Suicide Lifeline; and $3.9 billion for substance use treatment
Health Resources and Services Administration – $8.9 billion, including $1.7 billion for the health centers program and $2.5 billion for the Ryan White HIV/AIDS program
Centers for Medicare and Medicaid Services – $4 billion for administrative services
Child Care and Development Block grant – $6.2 billion, $254 million more than FY 2021
Head Start – $11 billion

Department of Education

Title I Grants to Local Educational Agencies – $17.5 billion, an increase of $1 billion from FY 2021
Individuals with Disabilities Education Act – $14.5 billion in total funding, an increase of $448 million.
Provides $2.1 billion for career, technical, and adult education, including $1.4 billion for CTE state grants and $690 million for adult education state grants
Pell Grants – Increases the maximum Pell award for the 2022–23 school year by $400, or 6.2%, for a maximum award of $6,895
Work Study program – $1.2 billion, an increase of $20 million.
Federal TRIO programs – $1.1 billion, an increase of $40 million

Related Agencies

Social Security Administration – $13.3 billion, an increase of $411 million, for administrative expenses
National Labor Relations Board – $274 million, level with FY 2021

Policies

Maintains a prohibition on NLRB funding from being used for electronic voting in collective bargaining elections.
Maintains a prohibition on needle exchange.
Maintains a provision on unique patient identifier.

Division I – Legislative Branch

Division I provides $5.9 billion in total discretionary funding for legislative branch programs in 2022. Overall, this is an increase of $625 million over 2021 enacted levels.

The Senate – $1.1 billion, $96 million more than 2021. Increases funding for the Senators’ Official Personnel and Office Expense Account by $25 million, to $486 million.
Architect of the Capitol – $773.9 million, $99 million more than 2021
Library of Congress – $794 million, a $37 million increase
Congressional Research Service – $129 million, $3.6 million more than 2021
U.S. Capitol Police – $602.5 million, $87 million more than 2021
Government Accountability Office – $719 million, $58 million more than 2021
Congressional Budget Office – $60.9 million, a $3.7 million increase
Government Publishing Office – $124 million, $7 million more than 2021

Policies

Maintains a pay freeze for members of Congress that has been in place since 2009. Prevents any pay increase for members in 2022 and freezes salaries at the current rate: $174,000.
Increases the maximum Senate staff salary to Level II of the Executive Schedule ($203,700). Provides increases to office budgets in order to support the maximum salary increase.
Supports the US. Capitol Police’s ongoing recruitment and retention efforts and will allow the department to hire new sworn officers.

Division J – Military Construction, Veterans Affairs

Division J provides for $112.6 billion in Department of Veterans Affairs discretionary spending, a $7.8 billion increase over FY 2021 levels. The bill also includes $14.9 billion in defense spending for military construction, $6.8 billion over FY 2021 levels. This supports nearly 300 projects.

Military Construction

$1.4 billion for construction, operation and maintenance of military family housing
$928.9 million for Guard and Reserve facilities
$415 million for infrastructure improvement for the European Defense Initiative
$215.9 million for the NATO Security Investment Program

Department of Veterans Affairs

$112.2 billion in discretionary funding for the VA, $7.8 billion above the FY 2021 enacted level
$97.5 billion to support veterans’ medical treatment and health care, including: $13.2 billion for mental health; $2.2 billion for homeless assistance programs; $621 million for opioid misuse prevention and treatment; and $327.5 million for rural health initiatives
$2.5 billion to implement the VA electronic health record modernization initiative
$2.2 billion for VA construction
$3.5 billion for the Veterans Benefits Administration to address disability claims

Division K – State, Foreign Operations

Division K provides $56.1 billion in total discretionary funding for State, foreign operations programs in 2022, $595 million over FY 2021. The bill includes $295 million for the Countering Russian Influence Fund and $300 million for the Countering PRC Influence Fund.

Global Health Programs

$9.8 billion for global health assistance
$6 billion for global HIV/AIDS assistance

Export and Investment Assistance

$698 million for the United States International Development Finance Corporation

Humanitarian and Disaster Assistance

$6.8 billion for humanitarian assistance within the Migration and Refugee Assistance, Emergency Refugee and Migration Assistance, and International Disaster Assistance Accounts.

International Security Assistance

Provides $8.9 billion for international security, including: $3.3 billion in security assistance to Israel and $1.7 billion in economic and military assistance to Jordan

Pro–Life Provisions

Rejects Democrat efforts to codify the repeal of the Mexico City policy. Maintains the “Helms Amendment” banning taxpayer dollars funding abortions through foreign aid
Prohibits funding of organizations the president determines to support coercive abortion or involuntary sterilization

Division L – Transportation, Housing and Urban Development

Division L provides $81 billion in total discretionary funding for FY 2022. This includes $80.7 billion in non-defense spending, an increase of $6.3 billion from FY 2021, and $388 million in defense spending, which is $64 million more than in FY 2021.

Department of Transportation

National infrastructure investments – $775 million for RAISE, previously known as BUILD and TIGER, grants
Essential Air Service – $350 million
Federal Aviation Administration – $18.5 billion, including $3.9 billion for grants-in-aid for airports
Federal Highway Administration – $60.7 billion: $57.5 billion from the Highway Trust Fund and $2.4 billion from the general fund
Federal Railroad Administration – $3.3 billion, including $2.3 billion for Amtrak
Federal Transit Administration – $16.3 billion: $13.4 billion from the Highway Trust Fund and $2.9 billion from the general fund
Maritime Administration – $1.2 billion, including $388 million in defense spending for the Maritime Security Program

Department of Housing and Urban Development

Tenant-based rental assistance – $27.4 billion for giving families rental assistance in the private rental market.
Project-based rental assistance – $13.9 billion for providing subsidized housing through nonprofit and private landlords.
Community Development Block Grant program – $3.3 billion.
Homeless Assistance Grants – $3.2 billion

Division N – Ukraine Supplemental Appropriations Act, 2022

Division N provides $14 billion in emergency funding to support Ukraine, including:

$4 billion in humanitarian assistance such as food and shelter for Ukrainian refugees
$3.5 billion in authorities and funding to provide rapid military aid to Ukraine, double the administration’s request
$3 billion to support Department of Defense activity in the region
$650 million in foreign military financing for Ukraine and eastern flank NATO allies

Division O – Extensions and Technical Correction

Extends the National Flood Insurance Program through the end of FY 2022
Extends immigration provisions, including: the E-Verify program; the non–minister religious worker program; and Conrad 30 program for rural healthcare workers. Delegates to DHS discretionary authority to issue additional H-2B low-skilled temporary worker visas beyond the annual statutory cap.
Extends the Livestock Mandatory Reporting program through September 2022

Division P – Health Provisions

Continues to allow the assistant secretary for preparedness and response to utilize direct hire authority for the National Disaster Medical System at HHS until September 30, 2023.
Amends the definition of “tobacco product” in the Federal Food, Drug, and Cosmetic Act to provide the FDA with authority over tobacco products containing nicotine from any source, including synthetic nicotine.
Allows certain hospitals that have experienced a change in their disproportionate share adjustment percentage due to COVID-19 – resulting in a loss of eligibility for the 340B drug pricing program – to be deemed a 340B covered entity through 2022, if all other qualifications are met.
Contains provisions related to maternal health quality improvement.
Extends the current categorization of fentanyl-related substances in schedule 1 of the Controlled Substances Act to December 31, 2022.
Increases the federal medical assistance percentage FMAP for Puerto Rico to 76% from January 1, 2022, through December 13, 2022.
Provides telehealth flexibility extensions.
Extends the Temporary Assistance for Needy Families and related programs through the end of FY 2022.

Division Q – Consumer Protection

Contains the texts of the Stop Senior Scams Act, the Senior Fraud Prevention Act, the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act, the U.S. Anti–Doping Agency Reauthorization Act, and the Protecting Indian Tribes from Scams Act.

Division R – FAFSA Simplification

Extends the FAFSA Simplification Act’s implementation timeline by one year to give the Department of Education additional time.

Division S – Veterans Matters

Increases the statutory pay cap for advanced practice nurses and physician assistants from level IV to level I of the Executive Schedule at the Department of Veterans Affairs and increases the statutory pay cap for registered nurses from level IV to level II of the Executive Schedule.

Division T – Credit Union Governance Modernization Act

Changes the process by which credit union members may be expelled from a credit union for cause, including for things such as causing material loss to the credit union or for fraud or dangerous behavior such as physically or verbally abusing credit union members or staff. It includes an opportunity for an expelled member to be reinstated.

Division U – Adjustable Interest Rate (LIBOR) Act

Includes guidance and a federal standard for replacing the London Interbank Offered Rate in contracts in which the terms do not provide for a practicable replacement rate.

Division V – Haiti Development, Accountability, and Institutional Transparency Initiative Act

Requests a report on status of U.S. assistance provided after the 2010 earthquake and on the assassination of Haitian President Moise in 2021.

Division W– Violence against Women Act Reauthorization of 2022

Contains the text of the Violence against Women Reauthorization Act of 2022.

Division X – Intelligence Reauthorization for FY 2022

Authorizes activities for the U.S. intelligence community, including:

Increased oversight of Chinese activities
Improved IC collection, analysis, and intelligence–related authorities
Security clearance process improvements
Prohibits IC collection and analysis of U.S. persons’ information based on First Amendment activities

Division Y – Cyber Incident Reporting for Critical Infrastructure Act of 2022

Requires entities to report substantial cybersecurity incidents and ransomware payments to CISA.

Division Z – Israel Relations Normalization Act of 2022

Requires the State Department to provide a strategy to strengthen and expand the Abraham Accords and other related normalization agreements with Israel.

Division AA – Trans–Sahara Counterterrorism Partnership Program

Codifies the Trans-Sahara Counter-Terrorism Partnership Program with increased congressional oversight.

Division BB – EB-5 Reform and Integrity Act of 2022

Compromise reauthorization of the EB-5 investor visa program. Institutes robust anti-fraud and integrity measures while providing incentives for foreign investment to reach rural and other distressed communities.

Division CC – Burial Equity for Guards and Reserves Act

Allows states to inter National Guard and Reserve members and their spouses and eligible dependents in grant-funded state veterans’ cemeteries without jeopardizing Veteran Cemetery Program eligibility or plot allowance funding.

Division DD – Authorization of Appropriations for High Technology Pilot Program

Increases authorization of FY 2022 appropriation for Department of Veterans Affairs VET TEC information technology training program by $80 million.

Division EE – Extensions of Visa Waiver Program Fees

Extends Electronic System for Travel Authorization fee collections for two years.

Division FF – Availability of Travel Promotion Fund for Brand USA

The Restoring Brand USA Act restores $250 million in emergency funding to Brand USA, a public-private partnership that promotes international travel to the United States, to attract international travel to the U.S. in the aftermath of the pandemic.

Division GG – Cooperative Project Agreement

Makes a technical fix to congressional notification requirements regarding a Department of Defense cooperative program.

Division HH – Other Matters

Allows the Forest Service and Department of the Interior to waive premium pay caps for wildland firefighters, allowing them to be fully compensated for their overtime hours.

ADMINISTRATION POSITION

The administration has issued a statement of administration policy in support of H.R.2471.

COST

CBO has not yet released a cost estimate for H.R. 2471.

CONSIDERATIONS ON THE BILL

Funding for the federal government expires on Friday, March 11.

President Biden’s FY 2022 budget proposed a 1.6% increase for national defense, alongside a 16.5% increase for non-defense discretionary programs Republicans rejected that proposal, securing a $29 billion increase for national defense priorities and a $64.2 billion cut in non-defense spending.

H.R.2471 contains all legacy policy riders, including the Hyde amendment. It does not include any new poison pill policy riders or provisions.

The bill provides $14 billion in emergency funding to support Ukraine and Central European allies.