Selection of FY23 Bills Advance to House Floor

The House Committee on Appropriations has continued in recent weeks to review fiscal year (FY) 2023 proposed expenditures.

As of last Friday, six bills advanced in the full committee: (1) Agriculture, Rural Development, Food and Drug Administration [FDA]; (2) Defense; (3) Financial Services, General Government; (4) Homeland Security; (5) Legislative Branch; (6) Military Construction, Veterans Affairs [VA]; and another six in subcommittee: (1) Commerce, Justice, Science; (2) Energy and Water; (3) Labor, Health and Human Services [HHS], Education; (4) Interior, Environment; (5) State, Foreign Operations; (6) Transportation, Housing and Urban Development.

Financial Services and General Government (FSGG)

The full House Appropriation Committee approved of an FSGG spending bill on June 24 by a 31 to 22 vote. Like last year, the bill is silent on a federal pay raise. Their silence essentially endorses the White House’s proposed 4.6 percent pay raise from the President’s Budget Proposal. The budget proposal did not specify an across-the-board locality pay increase. Budget proposals for general government services are set to increase by $4.3 billion to $29.8 billion.

Funds are earmarked for establishing a commission responsible for changing the name of federal sites that do not reflect diversity, equity, and inclusion (DEI) values. An approximate $21.9 million is dedicated to the new Office of the National Cyber Director—an entity established by the 2021 National Defense Authorization Act (NDAA) [P.L. 116-283]. Other designated funds include $400 million for election security grants and $100 million for electric vehicles.

Agriculture-FDA

The current measure approved by the full House Appropriation Committee in a 31 to 26 vote would fund the related agencies to $27.2 billion, an increase of $2.1 billion in appropriations. Dedicated funding within this proposed budget includes $195 billion for mandatory programs like the Supplemental Nutrition Assistance Program (SNAP) and as necessary resources for unanticipated expenses in the fourth quarter. The FDA will also receive an increase of 10 percent in funding, which is most likely to address the shortage of baby formula.

Moreover, the House intends to ban the approval of drugs manufactured in Russia unless there is an unmet need and prohibit the purchase of agricultural land in the U.S. by companies owned by the nations of China, Russia, North Korea, or Iran.

Department of Defense

Department of Defense funding was approved by the full House Appropriations Committee on June 22 in a 32 to 26 vote. The proposed defense appropriations for FY23 total $761 billion, an increase of four percent over FY22. The committee-approved bill includes $11.2 billion earmarked for cybersecurity, cyberspace operations, and cyber research and development. More than half of this dedicated funding is for network modernization, encryption solutions, infrastructure defense, and zero trust architecture—an answer to recent concerns by current and former Pentagon officials.

In terms of pay, service members would receive a 4.6 percent earnings increase, and for-profit contractors are required to pay employees a minimum wage of $15 an hour.

House appropriators also intend to repeal the 2001 and 2022 Authorization of Military Force (AUMF) joint resolutions of Congress. As part of recent AUMF reform discussions, the executive branch has faced criticism for its use of both the 2001 AUMF—which was passed after the 9/11 attacks—and the 2002 AUMF—which was passed prior to the invasion of Iraq—as the legal basis of overseas U.S. military operations.

Homeland Security

The full House Appropriations Committee approved of Homeland Security funding on June 24 in a 31 to 22 vote. All topline agencies at the Department of Homeland Security (DHS) are set to receive an increase in funding, including the Federal Emergency Management Agency (FEMA), Customs and Border Protection (CBP), and Transportation Security Administration (TSA).

House appropriators included a clause that extends Title 42 immigration restrictions for 180 days after the end of the COVID-19 pandemic. As previously reported, the Centers for Disease Control's (CDC) public health order has been the source of much controversy between Congress and the Biden Administration. Though the CDC, in coordination with DHS, planned to lift Title 42 on May 23, a federal judge ruled that the policy must remain in place.

Legislative Branch

The full House Appropriations Committee approved of Legislative Branch funding on June 22 in a 32 to 26 vote. Congress has a proposed $5.7 billion budget for FY23, nearly a billion increase in funding. Allocated funding includes addressing security recommendations after the January 6 attack on the Capitol, and removal of busts and statues related to the Confederacy and white supremacy. House appropriators have also stipulated that Deferred Action for Childhood Arrivals (DACA) recipients can work on Capitol Hill.

MilCon-VA

The full House Appropriations Committee approved of Military Construction and Veterans Affairs funding on June 23 in a 32 to 26 vote. Proposed FY23 appropriations for the VA and related agencies measure in at $150.5 billion. An approximate $128 billion is earmarked in advance of fiscal 2024 appropriations for veterans’ health, $155.4 billion in mandatory benefits, and $13.9 billion for mental health care.

In addition to these provisions, FY23 appropriations would allow permanent VA coverage of infertility treatments and adoption costs.

Bicameral Negotiations

Despite movement in the House, bicameral bipartisan negotiators have not yet reached an agreement on any toplines for FY23. Senator Richard Shelby (R-AK), Ranking Member of the Senate Appropriations Committee, said at the start of the negotiations that a continuing resolution would likely be necessary . House Appropriations Chair Rosa DeLauro (D-CT) stated that Democrats and Republicans were holding discussions on the topline figures at the staff level, but sought to avoid another continuing resolution.

“All I can say is we have every reason to move forward,” Rep. DeLauro said, “If you go with a continuing resolution, defense will get cut. Everything gets cut, everybody gets hurt. So, a continuing resolution is the worst thing.”