Receive as a Weekly Newsletter
November 16, 2020 Update
[New information bolded and italicized]
The election is over — sort of, as there are a number of uncalled races and President Trump has yet to accept defeat — and now Congress enters into a lame duck session. The lame ducks are Senators and Representatives who have been defeated or retired but hold office until January 3 when the new Congress is sworn in.
There are three pieces of major legislation that may be completed before this Congress adjourns.
First, there is the matter of funding the government. Before the elections, Congress passed a Continuing Resolution for the 12 appropriations bills, a measure funding the entire government through December 11. The House has approved their versions of the the Fiscal Year 2021 appropriations but the Senate has barely begun. On November 10, the Senate Appropriations Committee released a draft of one gigantic bill combining the 12 appropriations bills. The FY 2021 Defense Appropriations text, a bill that provides $696 billion, is here. The report on the bill is here. Both parties appear to be eager to agree on appropriations before December 11. The Senate Appropriations Committee is intent on beginning negotiations directly with the House Appropriations Committee, skipping over Senate Appropriations Committee markup or consideration of the bill on the Senate floor
Second, after many failed attempts before the election, Majority Leader Mitch McConnell and Speaker Nancy Pelosi will try to pass a Covid-19 relief bill before President-elect Biden is sworn in. With the pandemic worse than ever in this country and around the world and families and businesses suffering, there are major incentives to produce an agreement. To use the cliché, time will tell.
Third, there is expected to be a House-Senate conference agreement on the Fiscal Year 2021 National Defense Authorization bill. The two sides held intermittent negotiations on the final measure with staff and with the so-called big four: the two chairs of the Armed Services committees and the two ranking members. As a reminder, on July 21, the House approved the bill 295-125 and on July 23, the Senate also voted for the bill 86-14 The agreement is expected to be completed and approved in December.
On November 19, the House-Senate conference will launch formal talk to produce a House-Senate conference agreement on the Fiscal Year 2021 National Defense Authorization bill.
Key Fiscal Year 2020 National Security Bills
Fiscal Year 2021 National Defense Authorization Bill
Reminder: the two-year budget deal between Congress and the White House caps the 2021 budget at $740 billion, compared to $738 billion appropriated for 2020.
On February 10, the Trump administration submitted its Fiscal Year (FY) 2021 budget request to Congress of $740.5 billion, only a modest change from FY 2020 because of last year’s budget deal between Congress and the White House. Some highlights include a big increase in the request for nuclear weapons refurbishment, the beginning of a phase out of the Overseas Contingency Operations budget and a reduction of almost $12 billion in the international affairs budget that pays for diplomacy.
Click here to see analysis of the defense budget by the Center for Arms Control and Non-Proliferation, the Council’s sister organization.
The Senate Armed Services Committee marked up or wrote the fiscal year 2021 National Defense Authorization Bill the week of June 11.
The bill supports funding of $740.5 billion in military spending. The Committee put forward as the primary rationale for high military budgets the decline of U.S. military superiority, particularly in the Indo-Pacific region, plus “threats from other aggressors — rogue states like Iran and North Korea” and terrorist organizations.
One major new initiative is establishment of a new Pacific Deterrence Initiative at a cost this year of $1.4 billion and $5.5 billion in Fiscal Year 2022.
Click here for the analysis of the Senate bill by the Center for Arms Control and Non-Proliferation.
On June 24, Majority Leader Mitch McConnell brought this bill to the Senate floor. Senators submitted 748 amendments; and exactly one amendment — a Paul (R-KY)-Udall (D-NM) amendment to withdraw U.S. troops from Afghanistan — received a recorded vote. That amendment was tabled or defeated 60-33.
Dozens of additional non-controversial amendments that both Democrats and Republicans agreed to in advance were adopted by voice vote.
On July 1, the House Armed Services Committee completed markup of H.R. 6395, the Fiscal Year 2021 National Defense Authorization Bill. This year’s markup was much less contentious than last year when most Republicans voted against the bill. The bill was approved 56-0.
There were no successful amendments to cut nuclear weapons spending or the total $741 billion in the bill. Perhaps the most controversial provision in both the Senate and House bills would require the removal of confederate names from military bases and installations — which President Trump has declared would lead to his veto of the bill. Click here for the Center for Arm Control and Non-Proliferation’s summary of the bill.
On July 21, the House approved the bill 295-125, with more Republican votes against than Democratic. The most significant victory was approval of the McAdams (D-UT)-Titus (D-NV) amendment to block a resumption of nuclear explosive testing by a vote of 227-179. On the other hand, the Pocan (D-WI)-Lee (D-CA) amendment to cut the Pentagon budget went down 93-324.
On July 23, the Senate also voted for the bill 86-14. A Sanders (I-VT) amendment to mandate a 10% cut in the military budget failed 23-77. Many amendments agreed to by both Republicans and Democrats were accepted without individual recorded votes. The bill now goes to a House-Senate conference, but with limited time before the election, that agreement will likely be completed after the election.
Fiscal Year 2021 Defense Appropriations Bill
Reminder: the two-year budget deal between Congress and the White House caps the 2021 budget at $740 billion, compared to $738 billion appropriated for 2020.
The defense appropriations bill out of the House Appropriations Bill included $694.6 billion in discretionary spending, an increase of $1.3 billion above the FY 2020 enacted level and $3.7 billion below the President’s request. The bill bars nuclear explosive testing, blocks spending on the border wall with Mexico and provides the army with $1 million or the renaming of installations and facilities that bear the name of confederate leaders. Click here for the Center for Arms Control and Non-Proliferation’s summary of the bill.
Before the elections, Congress passed a Continuing Resolution for the 12 appropriations bills, a measure funding the entire government through December 11.
On November 10, the Senate Appropriations Committee released a draft of one gigantic bill combining the 12 appropriations bills. The FY 2021 Defense Appropriations text, a bill that provides $696 billion, is here. The report on the bill is here. Both parties appear to be eager to agree on appropriations before December 11. The Senate Appropriations Committee is intent on beginning negotiations directly with the House Appropriations Committee, skipping over Senate Appropriations Committee markup or consideration of the bill on the Senate floor.
Emergency action on coronavirus and economic crisis
In early March, Congress passed the $8.3 billion Coronavirus Preparedness and Response Supplemental Appropriations Act.
On March 18, the Senate approved the second major piece of legislation cost about $100 billion to deal with the preeminent national security and health threat to the country and the world: the coronavirus disease pandemic.
The overwhelming vote for the Families First Coronavirus Response Act was 90-8. On March 14, the House had approved the bill by a strong bipartisan majority 363-40, with the 40 no votes cast by Republicans.
Late the night of March 25, after many starts and stops, the Senate unanimously approved the $2 trillion emergency package intended to deal with the tumult in the economy in the midst of the coronavirus pandemic. The final vote was 96-0. $10.5 billion of the measure is slated for the Pentagon.
The week of April 27, Congress passed the fourth coronavirus package totaling $484 billion.
On May 15, the House approved a $3 trillion measure to fight the coronavirus, the fifth such package. The vote was 208-199. Senate Majority Leader Mitch McConnell has declared the bill dead on arrival.
War Powers Resolution and War With Iran
On January 9, the House voted to force President Trump to seek congressional approval for further military action against Iran. The war powers measure offered by Rep. Elissa Slotkin (D-MI) was approved by an almost party-line vote of 224-194, with three Republicans voting yes (Gaetz, Massie and Rooney) and eight Democrats voting no (Brindisi, Cunningham, Gottheimer, Horn, Luria, McAdams, Murphy and Rose).
On January 30, an amendment by Rep. Barbara Lee (D-CA) to repeal the 2002 Authorization to Use Military Force (AUMF), which has been used by administrations of both parties to cover combat in many places, was approved 236-166, with 11 Republicans and 1 independent voting “yea,” while 2 Democrats voted “nay.”
A second measure offered the same day by Rep. Ro Khanna (D-CA) to prohibit U.S. military action against Iran without prior congressional approval was adopted 228-175, with four Republicans and an independent voting “yea” and three Democrats voting “nay.”
On February 13, the Senate approved the Kaine (D-VA), Durbin (D-IL), Lee (R-UT) and Paul (R-KY) war powers measure, S.J.Res 68, a measure to limit the President’s actions against Iran. The vote was 55-45, with an unusually large number of eight Republican Senators voting aye: Lamar Alexander (TN), Todd Young (IN), Mike Lee (UT), Lisa Murkowski (AK), Susan Collins (ME), Rand Paul (KY, Bill Cassidy (LA) and Jerry Moran (KS).
On March 11, the House joined the Senate in approving the Kaine (D-VA), Durbin (D-IL), Lee (R-UT) and Paul (R-KY) war powers measure, S.J.Res 68, a bill adopted in the Senate to limit the President’s actions against Iran. The House vote was 227-186.
Six Republicans voted for the measure: Buck (CO), Griffith (VA), Massie (KY), Reed (NY), Schweikert (AZ) and Upton (MI). Six Democrats voted against: Brindisi (NY), Horn (OK), Luria (VA), McAdams (UT), Murphy (FL) and Rose (NY).
As expected, on May 7, the Senate failed to override President Trump’s veto of a resolution seeking to block him from taking further military action against Iran without explicit approval from Congress. The vote was 49-to-44 vote to override, a margin well short of the two-thirds majority needed to overcome the veto. Seven Republicans voted to override: Alexander (TN), Cassidy (LA), Collins (ME), Lee (UT), Murkowski (AK), Paul (KY), Young (IN).
Fiscal Year 2021 Budget Resolution
The Trump administration submitted its Fiscal Year 2021 budget request to Congress on February 10. In January 2020, House Budget Chair John Yarmuth (D-KY) and Senate Budget Committee Chair Mike Enzi (R-WY) both decided against trying to pass a budget resolution this year.
Fiscal Year 2021 Energy and Water Appropriations Bill
The House Appropriations Committee approved the Energy and Water bill with $13.7 billion for nuclear weapons activities, an increase of $1.2 billion above the FY 2020 level, but bars a resumption of explosive nuclear testing, rejects funding for the W93 nuclear warhead and blocks the Nuclear Weapons Council from controlling the National Nuclear Security Administration budget. Click here for the Committee’s summary of the bill.
Fiscal Year 2021 State and Foreign Operations Appropriations Bill
The House Appropriations Committee released its plans for subcommittee consideration of the State-Foreign Operations bill on July 6: 4:00 p.m.
Fiscal Year 2021 Military Construction-Veterans’ Administration (VA) Bill
The House Appropriations Committee released its plans for subcommittee consideration of the Military Construction-VA bill on July 6 ad 4:00 p.m.
REMAINING CONGRESSIONAL SCHEDULE IN 2020
Friday, October 2 – Monday, November 16: House election recess
Friday October 9 -Monday, November 9: Senate election recess
Monday, November 16 – Friday, November 20: House in for floor votes
Friday, November 20 – Tuesday, December 1: House & Senate recess
Tuesday, December 1 – Wednesday December 9: House in for floor votes
