House Appropriators Advance FY 23 Spending Bills; Senate Set to Vote on Gun Control Legislation
June 23, 2022
This week, the House Appropriations Committee is set to approve six (of 12) fiscal year 2023 spending bills, while the panel’s relevant subcommittees will advance the remaining six measures. Democratic committee leaders are aiming to complete action on all the annual funding bills by the end of next week, and Majority Leader Steny Hoyer (D-MD) has pledged to dedicate significant floor time for appropriations work during the July work period.
While Democrats are moving quickly to advance the spending bills in the House, there is currently no agreement in place on top-line funding levels. The absence of a top-line agreement at this point in the appropriations process increases the likelihood that Congress will need to consider a short-term Continuing Resolution later this year.
Select highlights of key bills include:
Energy and Water Development
The Energy and Water Development spending bill would provide nearly $56.3 billion for the Department of Energy (DOE), the U.S. Army Corps of Engineers, and the Bureau of Reclamation – an increase of $3.4 billion above current levels. Pursuant to the draft bill, DOE would receive the lion’s share of the additional funding. However, the Army Corps (+$545 million) and Reclamation (+$477 million) would also receive modest increases. Within Reclamation’s budget, the measure would provide an additional $451 million for water resources projects, $50 million for WaterSMART programs to assist with drought response, and $54 million for rural water projects.
Interior-Environment
The draft fiscal year 2023 Interior appropriations bill would provide $44.8 billion – or $6.8 billion above current spending levels – for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies. Much of the proposed increases would be spread between Interior (+$2.1 billion), EPA (+$2 billion), the Indian Health Service (+$1.5 billion), and the Wildland Fire Management account (+$762 million). In addition, the U.S. Forest Service would receive $3.95 billion for non-fire work, an increase of more than $258 million.
Transportation-Housing and Urban Development
The T-HUD spending bill would provide nearly $91 billion in discretionary funding for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and related agencies. This would amount to an increase of $9.9 billion above the fiscal year 2022 enacted level. The bulk of the additional funding would be reserved for housing programs (+$8.9 billion), though transportation programs (+$837 million) would also be in line for a small increase. While the increases in the HUD budget are distributed throughout a number of housing and homelessness programs, the biggest increases within DOT’s budget are dedicated to passenger and freight rail (+23 percent), as well was port infrastructure programs (+30 percent).
Commerce-Justice-Science
The Commerce-Justice-Science spending bill would provide a total of almost $86 billion in discretionary funding for the Department of Justice, the Department of Commerce, and federal science programs. This would amount to an increase of nearly 10 percent from fiscal year 2022 enacted levels. The biggest percentage increase would go to the Commerce Department (+17 percent), followed closely by the Justice Department (+9 percent) and NASA (+6 percent).
Senate Poised to Clear Gun Control Legislation
The U.S. Senate appears poised to grant final approval to a series of gun control reforms after 15 Republican senators joined all 50 Democrats on Thursday in support of a motion to advance the legislative package. The procedural move clears the way for the upper chamber to take final votes on the bill, known as the Bipartisan Safer Communities Act, as early as this Friday.
Although the legislation represents the most significant gun control measure since the now-expired assault weapons ban of 1994, the bill falls far short of what many gun safety advocates have been pursuing in the wake of a string of mass shootings across the United States. The Senate measure also is narrower in scope than legislation (H.R. 7910) that was recently cleared by the lower chamber. The House bill, which was approved on a mostly party-line vote, includes a ban on large-capacity magazines, generally prohibits the sale of certain semiautomatic firearms to individuals who are under 21 years of age, and subjects bump stocks to regulation under federal firearms laws, among other major provisions.
Once the Senate passes the Bipartisan Safer Communities Act, it will head to the House. Although House Democratic leaders have expressed preference for many of the provisions of their own gun control legislation, the Senate measure appears to represent the only politically viable reform bill and is therefore expected to be cleared by the lower chamber.
To follow are the key reforms of the Senate’s gun safety legislation.
Federal Support for Red Flag Laws – Authorizes $750 million in federal funds for states to adopt and administer “red flag” laws, which allow law enforcement agencies and close family members to submit petitions to a court to temporarily remove guns from those considered a danger to themselves and others. Nineteen states, including California and the District of Columbia, currently have such laws in place.
Investments in Mental Health and School Safety – The legislation authorizes new funding and provides appropriations for a wide variety of mental health, telehealth and school safety initiatives, including:
- $250 million for community-based violence prevention initiatives.
- $80 million in grants for pediatric primary care providers to rapidly access mental health specialists’ expertise in guiding the treatment of their patients.
- $60 million over five years for training in mental health for primary care clinicians who treat children and youth.
- $120 million over four years to prepare and train community members and first responders on how to appropriately and safely respond to individuals with mental disorders.
- $250 million for states and territories to enhance comprehensive community mental health services.
- $240 million over four years for programs that increase awareness of mental health issues among school-aged youth, provide training for school personnel and other adults who interact with school-aged youth to detect and respond to mental health issues, and connect school-aged youth who may have behavioral health issues and their families to needed services.
- $40 million over four years to improve treatment and services for children, adolescents, and families who have experienced traumatic events.
- $150 million to support implementation of the 9-8-8 Suicide and Crisis Lifeline.
- $500 million through the School Based Mental Health Services Grant Program to increase the number of qualified mental health service providers that provide school based mental health services in school districts with demonstrated need.
- $500 million in funding to the School Based Mental Health Service Professionals Demonstration Grant to help train and diversify school counselors, school social workers, and school psychologists.
- $1 billion in funding through Title IV-A to support activities to improve conditions for student learning, including developing positive school climates through evidence-based practices.
- $50 million in funding to the 21st Century Community Learning Centers program, which funds extracurricular, after school and summer programs.
- $300 million in funding through the STOP School Violence Act to institute safety measures in and around schools, support school violence prevention efforts and provide training to school personnel and students. Prohibits use of funds under the Elementary and Secondary Education Act to train or equip any person with dangerous weapons in schools.
Protections for Victims of Domestic Violence – The Senate bill would close the “boyfriend loophole.” Pursuant to the legislation, convicted domestic violence abusers and individuals subject to domestic violence restraining orders would be added to the National Instant Criminal Background Check System.
Clarification of Definition of Federally Licensed Firearms Dealer – The bill includes restrictions on gun sellers who illegally evade federal firearms licensing requirements.
Enhanced Background Checks – For gun buyers under the age of 21, the bill requires an investigative period to allow authorities to review juvenile and mental health records, including checks with state databases and local law enforcement.
Illegal Weapons Trafficking – Includes new penalties for criminals who illegally straw purchase and traffic guns.
Senator Padilla Leads Bipartisan, Bicameral Letter on Emergency Relief Program
Earlier this week, Senator Alex Padilla (D-CA) spearheaded a letter to U.S. Department of Transportation Secretary Pete Buttigieg urging his Department to update its Emergency Relief (ER) program regulations to provide jurisdictions with additional time to initiate construction of emergency repair work following a federally declared disaster. The letter was co-signed by 30 members of Congress, including Senator Dianne Feinstein (D-CA) and several members of the California congressional delegation.
Under current USDOT regulations, the Department is allowed to “claw back” ER funding for highway and public transit projects if a project sponsor does not initiate construction by the end of the second fiscal year following the year in which a disaster occurs. Although jurisdictions can apply for one-year extensions due to delays “caused by the need for extensive environmental evaluation, litigation, or complex right-of-way acquisition,” USDOT has previously rejected such requests, including in early 2019 when the Federal Highway Administration (FHWA) denied time-extension requests from a number of CA counties for repair work associated with several major disaster events.
CSAC has been a leader in working with the California congressional delegation to address this matter. In the 116th Congress, Representative John Garamendi (D-CA) championed legislation – the Transportation Emergency Relief Funds Availability Act – designed to safeguard federal funding for disaster-recovery transportation projects. The text of the bill, which would have provided local transportation agencies with up to six years to complete disaster recovery and repair work, was included in a major House-passed transportation reauthorization measure. The provisions were ultimately dropped, however, when Congress approved the Senate’s landmark Infrastructure Investment and Jobs Act (P.L. 117-58).
Biden Administration Takes Steps to Address Wildland Firefighter Workforce Challenges
The Biden administration recently announced a series of actions designed to address workforce challenges associated with federal wildland firefighters. The most significant action is an immediate, though temporary, pay raise. For the next two fiscal years, salaries will be increased by $20,000 per year, or 50 percent of current base salary (whichever is lower). Wildland firefighters will also receive back pay dating back to October 2021. The funding ($600 million) for this effort – which was made available by the IIJA – is intended to serve as a bridge until Congress approves longer-term reforms. It should be noted that the administration is currently working on a proposal for a permanent fix for firefighter pay that is expected to be included in the president’s fiscal year 2024 budget request.
In addition to the increased pay, Interior Secretary Deb Haaland last week announced the establishment of an interagency wildland firefighter health and wellbeing program. The newly established joint Interior Department-U.S. Forest Service program will address mental health needs, including post-traumatic stress disorder care for permanent, temporary, seasonal and year-round wildland firefighters at both agencies, along with addressing environmental hazards to minimize on-the-job exposure for wildland firefighters. The joint program will also connect existing efforts and establish year-round prevention and mental health training for wildland firefighters and create critical incident stress management staffing response.
Finally, the U.S. Office of Personnel Management (OPM) – as directed by the IIJA – has taken the necessary step of creating the Wildland Fire Management occupational series. The new occupational series, which is intended to help recruit and retain those interested in wildland firefighting as a career, will clearly define the duties of a wildland firefighter and provide clear direction for career advancement.
USDA Secretary Directs Forest Service to Take Bold Action to Restore Forests, Improve Resilience, and Curb Climate Change
Earlier today, Agriculture Secretary Tom Vilsack issued a memorandum – Climate Resilience and Carbon Stewardship of America’s National Forests and Grasslands – directing the U.S. Forest Service to take a series of immediate and near-term actions to restore forests, improve resilience, and address the climate crisis. The actions directed in Secretary Vilsack’s memorandum include identifying forests at risk, how those areas are currently managed, and analyzing how potential data gaps might be resolved. The Forest Service analysis will then be used to develop a decision support tool to enhance carbon stewardship, wildlife habitat, watersheds, outdoor recreation and more.
In addition, the memorandum directs the Forest Service to take more immediate actions, including developing plans for increasing the safe use of prescribed fire, fostering innovative markets for sustainable forest products, conducting an inventory of old-growth and mature forests, accelerating reforestation, and boosting nursery capacity to grow more tree seedlings for post-fire recovery and other planting efforts.
Finally, the memorandum instructs the Forest Service to include guidance on how to use new data, tools, and traditional ecological knowledge in their plans and recommendations, and in ways that help to advance equity and environmental justice, while leveraging and building on upcoming and ongoing efforts in carrying out the memorandum’s direction.