Must-Pass FY 2020 Spending Bills Offer Opportunity For Lawmakers to Influence Policy, Agency Decisions

Strategically placed language in the committee reports accompanying the federal appropriations bills can influence policy implementation and federal agency decisions. The Fourth of July holiday recess offers a great opportunity to take stock of provisions in the House appropriations measures.

The House Appropriations Committee, back in democratic leadership, has passed all 12 FY 2020 spending bills and 10 of them (making up 96 percent of the federal discretionary budget) were advanced on the House Floor prior to the recess.

The Senate has completed its budget justification hearings and is poised to take up its spending bills after legislators return on July 8. Majority Leader Mitch McConnell (R-KY) would prefer that the Senate mark-ups hold off until the Administration and Congress can agree on federal discretionary budget spending caps and a strategy to raise the debt limit.

While we will no doubt see some stark differences in Senate spending levels and report language impacting programs and projects, House action is now available for us to inspect and evaluate.

Committee report language can seek to alter, create or stop government policies, programs and projects. Below are a few randomly selected examples paced into the committee reports by members of Congress and senior staff, often at the request of advocates and constituents.

A new $150 million community college workforce grant program is recommended in the report to the Labor-Health and Human Services-Education and Related Agencies, along with encouragement for the U.S. Department of Education to issue its request for proposals within 120 days of enactment of the bill (which should be October 1, 2019, the first day of the new fiscal year):

“Community colleges are strategically positioned to meet not only the educational needs of our country, but our workforce development needs as well. The Committee recommendation includes $150,000,000 for a new initiative—the Strengthening Community College Training Grants—to better align workforce development efforts in in-demand industries with postsecondary education. Within 120 days of enactment of this Act, the Committee directs the Secretary to issue a Solicitation for Grant Applications (SGA) .”

Language in the report to the FY 2020 Commerce, Justice, Science and Related Agencies Appropriations Bill encourages action by the Drug Enforcement Agency:

“Destruction of unwanted controlled substances.—The Committee encourages DEA to meet with commercial hazardous waste management industry members, including many who are reverse distributors for the receipt and destruction of unwanted controlled substances. Such meetings should include discussions about alternative methods of disposal, other than incineration, to meet DEA’s non-retrievable standard, as well as alternative safety measures for the transportation of controlled substances for disposal, including secure tamper-proof evidence packages or security tape sealed drums.”

In the report to the FY 2020 Agriculture, Food and Drug Administration and Related Agencies Bill, the committee took issue with the Secretary of Agriculture’s proposal to move the agency’s chief scientist from a prominent research post to the Office of the Secretary:

“Keeping ERS within a mission area that is solely devoted to research ensures it will continue to be seen as a first class, independent research entity. Putting it under the Office of the Secretary puts that at jeopardy. The Committee opposes the proposal and has included bill language to prevent it.”

These three provisions represent a sampling of the thousands of uses of report language to influence policy and send federal agency leaders direct messages about funding levels, projects and programs. All 12 House Appropriations Committee reports and bills can be found here:

https://appropriations.house.gov/legislation.

Committee report and legislative language In the must-pass FY 2020 appropriations measures are effective ways to achieve policy objectives, and there is a higher likelihood of success versus a free-standing authorizing bill.

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Mike Fulton directs the Washington, D.C., office of the Asher Agency and teaches public affairs in the West Virginia University Reed College of Media’s Integrated Marketing Communications program. He handled grants and appropriations in his 10 years on Capitol Hill, serving three years as Associate Counsel to the House Appropriations Committee.