On Thursday, the House passed the FY 2017 financial appropriations bill.
As you can probably guess, it’s bad—filled with cuts to vital regulatory agencies and dangerous policy riders. Here’s an overview of what’s in it:
H.R. 5485 appropriates $21.735 billion in discretionary budget authority for Fiscal Year 2017, a cut of $1.5 billion (6%) below FY 2016 and $2.7 billion (11%) below the President’s request. These cuts will severely impair the federal government’s ability to serve the American people. The Treasury Department’s budget is cut $246 million below FY 2016, and $1.449 billion less than the President’s request and the Internal Revenue Service’s budget is cut $236 million below FY 2016, and $1.281 billion less than the President’s request. The measure also contains deep cuts to a number of other critical programs, including cuts to the Election Assistance Commission (EAC), the Securities and Exchange Commission (SEC), the Federal Communications Commission (FCC), the Office of Management and Budget (OMB), and the Federal Buildings Fund. The bill also restricts the District of Columbia’s ability to manage its own affairs in the areas of women’s health, education, and locally raised tax revenue.
In addition to severe cuts, the measure contains a number of controversial policy riders, including provisions prohibiting implementation of the Affordable Care Act’s coverage requirements and restricting reproductive health services coverage in the health insurance marketplaces and Federal Employee Health Benefits (FEHB) program. The measure would require the Consumer Financial Protection Bureau to become subject to the annual appropriations process and would change the structure of CFPB from a directorship to a 5-member commission which would make it harder for the CFPB to issue regulations and guidance. The bill would further impede the autonomy of the District of Columbia by: (1) prohibiting D.C. from using its local funds to further legalize marijuana; (2) repealing D.C.’s new law establishing budget autonomy; and (3) reauthorizing the private school voucher program.
According to Ranking Member Nita Lowey, H.R. 5485 “is merely a vehicle for accomplishing the most extreme policy priorities of the Republican majority. It would undermine key elements of ACA and Dodd-Frank, diminish women’s access to legal health services, meddle in DC’s internal affairs, undermine the President’s Cuba policy…. the bill rewards tax cheats by failing to provide sufficient funding to enforce tax law.”
It passed 239 to 185. 235 Republicans and 4 Democrats voted for it. 178 Democrats and 7 Republicans voted against it.
Here are those 4 Democrats:
Brad Ashford (NE-02)
Henry Cuellar (TX-28)
Collin Peterson (MN-07)
Filemon Vela (TX-34)
There were about three dozen roll call votes. I’ve highlighted almost all of them below (exceptions being the two about the Selective Service Act—why it was in this appropriations bill is beyond me—and the one about the Small Business Administration’s HUBzones—which I didn’t quite understand enough to write up.)
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Good Jobs
Keith Ellison (MN-05) offered an amendment to reprogram already appropriated funds to create an Office of Good Jobs for the Department of Treasury.
It failed 173 to 245.
7 Democrats voted against it:
Kathy Castor (FL-14)
Jim Cooper (TN-05)
Jim Costa (CA-16)
Bill Foster (IL-11)
Jim Himes (CT-04)
Ron Kind (WI-02)
Kurt Schrader (OR-05)
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Community Development Financial Institutions
Sean Duffy offered an amendment to decrease by $20.7 million, the Community Development Financial Institutions (CDFI) account, to offset an inappropriate augmentation of this account outside of the congressional appropriations process by the Department of Justice through settlement agreements which required banks to donate $20.7 million to certified CDFI entities.
It failed 166 to 254. One Democrat—Bennie Thompson (MS-02)—voted for it, and 73 Republicans voted against it.
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Campaign Finance Regulations
Xavier Becerra (CA-34) offered an amendment to strike Section 127, which prevents the IRS from issuing guidance to more clearly define political activity for 501(c)(4) organizations.
It failed 183 to 239. One Republican—Richard Hanna (NY-22)—voted for it, and one Democrat—Jim Costa (CA-16)—voted against it.
Mark Amodei (NV-02) offered an amendment to prohibit funds from being used to enforce the requirement of the Federal Election Campaign Act that solicitation of contribution from member corporations' stockholders or personnel from a trade association be separately and specifically approved by the member corporation involved prior to the solicitation, and that such member corporations do not approve any such solicitation by more than one trade association in any calendar year.
It passed 235 to 185. One Republican—Dan Lipinski (IL-03)—voted for it, and three Republicans—Chris Gibson (NY-19), Frank Guinta (NH-01), and Steve Pearce (NM-02)—voted against it.
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Mandatory Arbitration Clauses
Keith Ellison (MN-05) offered an amendment to strike restrictions on the Consumer Financial Protection Bureau's ability to promulgate rules restricting pre-dispute mandatory arbitration agreements in consumer contracts with firms offering financial products.
It failed 181 to 236. 3 Republicans—Walter Jones (NC-03), Steve Russell (OK-05), and Ileana Ros-Lehtinen (FL-27)—voted for it, and 2 Democrats—Brad Ashford (NE-02) and Henry Cuellar (TX-28)—voted against it.
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Preserving the Integrity of the CFPB
Gwen Moore (WI-04) offered an amendment to strike section 501 to preserve the independent funding and transfer of funds from the Federal Reserve to the Consumer Financial Protection Bureau, strike Section 503 to preserve the independent funding and transfer of funds from the Federal Reserve to Consumer Financial Protection Bureau, and strike Section 505 to preserve the current management structure of the Consumer Financial Protection Bureau under a single Director.
It failed 179 to 243.
4 Democrats voted against it:
Brad Ashford (NE-02)
Jim Costa (CA-16)
Henry Cuellar (TX-28)
Collin Peterson (MN-07)
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CFPB Advertising
Vicky Hartzler (MO-04) offered an amendment to prohibit the CFPB from implementing any contract with a vendor to provide informational messages. (You can read more about this pointless, misguided amendment here.)
It passed 242 to 179. One Democrat—Gregory Meeks (NY-05)—joined Republicans in voting for it.
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Indirect Auto Lending
Frank Guinta (NH-01) offered an amendment to make no funds available to the CFPB to enforce or administer guidance pertaining to indirect auto lending.
The amendment passed 260 to 162.
19 Democrats voted for it, and one Republican—Vern Buchana (FL-16)—abstained.
Here are the 19 Democrats:
Pete Aguilar (CA-31)
Brad Ashford (NE-02)
Ami Bera (CA-07)
Sanford Bishop (GA-02)
Brendan Boyle (PA-13)
Jim Cooper (TN-05)
Jim Costa (CA-16)
Henry Cuellar (TX-28)
Gene Green (TX-29)
Bill Keating (MA-09)
Dan Lipinski (IL-03)
Bill Pascrell (NJ-09)
Collin Peterson (MN-07)
Dutch Ruppersberger (MD-02)
Kurt Schrader (OR-05)
David Scott (GA-13)
Albio Sires (NJ-08)
Marc Veasey (TX-33)
Filemon Vela (TX-34)
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Truth in Lending Act
Keith Ellison (MN-05) offered two amendments to undo attacks on the Truth in Lending Act contained in the bill.
His first amendment was to strike section 637 of the bill. That section reads as follows:
Sec. 637. None of the funds made available in this Act or transferred pursuant to section 1017 of Public Law 111–203 may be used to take any action on the basis of an individual being a mortgage originator as defined in section 103(cc) of the Truth in Lending Act (15 U.S.C. 1602(cc)) against any individual who is a retailer of manufactured homes or its employees, unless such retailer or its employees receive compensation or gain for engaging in activities described in paragraph (1)(A) of such section 103(cc) that is in excess of any compensation or gain received in a comparable cash transaction.
It failed 167 to 255. 17 Democrats voted against it, and 1 Republican—Walter Jones (NC-03)—voted for it.
Here are the 17 Democrats:
Corrine Brown (FL-05)
John Carney (DE-AL)
Jim Cooper (TN-05)
Jim Costa (CA-16)
Henry Cuellar (TX-28)
Pete DeFazio (OR-04)
Ron Kind (WI-03)
Ann Kirkpatrick (AZ-01)
Seth Moulton (MA-06)
Scott Peters (CA-52)
Collin Peterson (MN-07)
Kathleen Rice (NY-04)
David Scott (GA-13)
Terri Sewell (AL-07)
Brad Sherman (CA-30)
Kyrsten Sinema (AZ-09)
Niki Tsongas (MA-03)
His second amendment was to strike section 638 of the bill. That section reads as follows:
Sec. 638. None of the funds made available in this Act or transferred pursuant to section 1017 of Public Law 111–203 may be used to enforce the provisions of section 129 of the Truth in Lending Act (15 U.S.C. 1639) for any transaction that is less than $75,000 and is secured by a dwelling that is personal property or is a transaction that does not include the purchase of real property on which a dwelling is to be placed if—
(1) the annual percentage rate at consummation of the transaction, as determined under section 103(bb) of the Truth in Lending Act (15 U.S.C. 1602(bb)) does not exceed 10 percentage points; and
(2) the total points and fees payable in connection with the transaction, as determined under such section 103(bb), do not exceed the greater of 5 percent or $3,000.
It failed 162 to 255. 19 Democrats opposed it, and 2 Republicans—Walter Jones (NC-03) and Bill Posey (FL-08)—supported it.
The 17 Democrats who voted against Ellison’s other amendment voted against this one as well, as did Brad Ashford (NE-02) and Jared Polis (CO-02).
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Payday Loans
Terri Sewell (AL-07) offered an amendment to strike section 639 which prohibits funds from being used by the Bureau of Consumer Financial Protection (CFPB) to enforce regulations or rules with respect to payday loans, vehicle title loans, or other similar loans during FY 2017.
It failed 182 to 240. 7 Democrats opposed it, and 6 Republicans supported it.
Here are the 7 Democrats:
Brad Ashford (NE-02)
Sanford Bishop (GA-02)
Corrine Brown (FL-05)
Jim Costa (CA-16)
Henry Cuellar (TX-28)
Collin Peterson (MN-07)
Kyrsten Sinema (AZ-09)
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SEC Funding
Jim Himes (CT-04) offered an amendment to increase funding for the SEC by $50 million.
It failed 183 to 238. One Republican—Walter Jones (NC-03)—voted for it, and one Democrat—Collin Peterson (MN-07)—voted against it.
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Universal Proxy Ballots
Scott Garrett (NJ-05) offered an amendment to prohibit the Securities and Exchange Commission from proposing or implementing a rule that mandates the use of universal proxy ballots during proxy contests. The SEC rule on this has not yet been proposed. Universal proxy ballots would help activist investors more easily challenge management-backed board nominees (which is why Wall Street’s good friend Scott Garrett hates it).
The amendment passed 243 to 180. Three Democrats—Brad Ashford (NE-02), Henry Cuellar (TX-28), and Collin Peterson (MN-07)—voted for it, and two Republicans—Richard Hanna (NY-22) and Bruce Poliquin (ME-02)—voted against it.
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Too Big to Fail
Scott Garrett (NJ-05) offered an amendment to prohibit the use of funds to designate any nonbank financial company as "too big to fail" or as a "systemically important financial institution" or to make a determination that material financial distress at a nonbank financial company could pose a threat to U.S. financial stability.
It passed 239 to 182. One Democrat—Henry Cuellar (TX-28)—voted for it, and two Republicans—Richard Hanna (NY-22) and Walter Jones (NC-03)—voted against it.
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Conflict Minerals
Bill Huizenga (MI-02) offered an amendment to prohibit the use of funds to enforce the SEC rule that requires companies to disclose their use of conflict minerals.
It passed 236 to 188. One Democrat—Collin Peterson (MN-07)—joined Republicans in voting for it, and 7 Republicans joined Democrats in voting against it.
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Net Neutrality
Anna Eshoo (CA-18) offered an amendment to strike section 632 of the bill.
That section of the bill reads as follows:
Sec. 632. None of the funds made available by this Act may be used to implement, administer, or enforce the Report and Order on Remand, Declaratory Ruling, and Order in the matter of protecting and promoting the open Internet, adopted by the Federal Communications Commission on February 26, 2015 (FCC 15–24), until the first date on which there has been a final disposition (including the exhaustion of or expiration of the time for any appeals) of all of the following civil actions:
(1) Alamo Broadband Inc. v. Federal Communications Commission, et al., No. 15-60201, pending in the United States Court of Appeals for the Fifth Circuit as of the date of the enactment of this Act.
(2) United States Telecom Assoc. v. Federal Communications Commission, et al., No. 15-1063, pending in the United States Court of Appeals for the District of Columbia Circuit as of the date of the enactment of this Act.
(3) CenturyLink v. Federal Communications Commission, No. 15-1099, pending in the United States Court of Appeals for the District of Columbia Circuit as of the date of the enactment of this Act.
It failed 182 to 238. 2 Republicans—Dave Reichert (WA-08) and Scott Rigell (VA-02)—voted for it, and 2 Democrats—Gene Green (TX-29) and Jim Costa (CA-16)—voted against it.
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Online Privacy
Marsha Blackburn (TN-07) offered an amendment to prohibit the use of funds to implement, administer or enforce any of the rules proposed in the Notice of Proposed Rulemaking adopted by the FCC on March 31, 2016 (FCC 16-39), intended to regulate consumer privacy obligations as necessitated by the FCC's net neutrality regime. You can read more about the proposed rulemaking here.
It passed 232 to 187. Two Democrats—Jim Costa (CA-16) and Kurt Schrader (OR-05)—voted for it, and 6 Republicans voted against it.
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Broadcasting & Disclosure
John Yarmuth (KY-03) offered an amendment to prohibit funds from being used in contravention of Section 317 of the Communications Act of 1934, which requires broadcasters to disclose to their listeners or viewers if a matter has been aired in exchange for money, services, or other valuable consideration.
It failed 189 to 232.
1 Democrat—John Larson (CT-01)—voted against it with Republicans, and 11 Republicans voted for it with the Democrats.
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Recall Notices
Markwayne Mullin (OK-02) offered an amendment to prohibit the use of funds from being used to finalize, implement, administer or enforce CPSC's proposed rule on Voluntary Remedial Actions and Guidelines for Voluntary Recall Notices. You can learn more about that rule here.
The amendment failed 240 to 179. Two Democrats—Jim Costa (CA-16) and Collin Peterson (MN-07)—joined Republicans in voting for it.
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DC Budget Autonomy
Eleanor Holmes Norton (DC-AL) offered an amendment to strike the repeal of the District of Columbia budget autonomy referendum.
It failed 182 to 238. Two Democrats—Bill Foster (IL-11) and Sheila Jackson Lee (TX-18)—voted against it, and one Republican—Barbara Comstock (VA-10)—voted for it.
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Reproductive Rights
Gary Palmer (AL-06) offered an amendment to prohibit the use of funds from being used to implement D.C.'s Reproductive Health Non-Discrimination Amendment Act (RHNDA), a bill that would protect women from being fired for their choice to use birth control, have an abortion, or have a baby.
It passed 223 to 192. Two Democrats—Dan Lipinski (IL-03) and Collin Peterson (MN-07)—joined Republicans in voting for it, and 14 Republicans joined Democrats in voting against it.
Alan Grayson (FL-09) offered an amendment to strike section 613 of the bill. That section reads as follows:
Sec. 613. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions.
It failed 177 to 245. One Republican—Richard Hanna (NY-22)—voted for it, and 7 Democrats voted against it.
Here are the 7 Democrats:
Matt Cartwright (PA-17)
Henry Cuellar (TX-28)
Mike Doyle (PA-14)
Jim Langevin (RI-02)
Marcy Kaptur (OH-09)
Dan Lipinski (IL-03)
Collin Peterson (MN-07)
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Sanctuary Cities
Paul Gosar (AZ-04) offered an amendment to prohibit the use of funds made available by this Act to be used to provide financial assistance to Sanctuary Cities.
It passed 236 to 182. One Democrat—Henry Cuellar (TX-28)—voted for it, and 6 Republicans voted against it.
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Overall Funding Levels
Marsha Blackburn (TN-07) offered an amendment to provide for a one percent across the board cut to the bill's discretionary spending levels.
It failed 182 to 241. One Democrat—Jim Cooper (TN-05)—voted for it, and 61 Republicans voted against it.
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Unanimous Democratic Votes
Amendments in which the Democratic caucus voted unanimously one way or another:
FOR Ruben Gallego (AZ-07)’s amendment to specify that no funds may be used to revise any policy or directive related to hiring preferences for veterans of the Armed Forces. (Passed 400 to 19)
AGAINST Bill Posey (FL-08)’s amendment to prohibit the use of funds under this Act from being used to implement, administer, enforce, or codify into regulation, the SEC's guidance relating to “Commission Guidance Regarding Disclosure Related to Climate Change.” (Passed 230 to 193, with 12 Republicans voting no)
AGAINST Luke Messer (IN-06)’s amendment to prohibit the use of funds to be used by the CFPB to commence any administrative adjudication or civil action beyond the 3-year statute of limitation established by the Dodd-Frank Wall Street Reform and Consumer Protection Act. (Passed 235 to 179, party line vote)
AGAINST Steve King (IA-04)’s amendment to defund an Executive Order which directs Federal agencies to provide foreign-language services to anyone who might seek to engage with federal, state, and local governments. (Failed 192 to 232, with 50 Republicans voting no)
AGAINST Bill Huizenga (MI-02)’s amendment to prohibit the use of funds to finalize, implement, administer, or enforce the Securities and Exchange Commission's Pay Ratio Disclosure rules. (Passed 236 to 185, with 4 Republicans voting no)
AGAINST Ken Buck (CO-04)’s amendment to reduce the salary of the IRS Commissioner to $0 annually from date of enactment through January 20, 2017. (Failed 197 to 224, with 43 Republicans voting no)
FOR Dan Kildee (MI-05)’s amendment to strike Section 625, a provision that prevents the SEC from developing or finalizing a rule that requires the disclosure of political contributions to tax exempt organizations. (Failed 186 to 236, with 3 Republicans voting yes)