House Passes Tenth Bill Seeking to Reopen Government

House Passes Yet Another FY ’19 Continuing Appropriations Measure

Thursday, January 24, 2019

The U.S. House of Representatives yesterday passed a short-term continuing appropriations resolution that would fund the operations of the shuttered departments, agencies, and functions of the federal government through February 28, 2019.  Yesterday's House floor action occurred on Wednesday, January 23, 2019, in connection with H.J. Res. 28, a joint resolution making short-term continuing appropriations for Fiscal Year 2019 for the closed functions. 

The House passed the measure on Wednesday by a vote of 229-184.  It marked the time the tenth time in the nascent 116th Congress  that the House had passed a measure seeking to reopen all or some of the functions of the federal government that have been shuttered by the standoff between President Trump and congressional Democrats over the President's demand that Congress appropriate $5.7 BILLION to fund the construction of a wall along the border between the United States and Mexico.

Summary of Measure.  As passed by the house, H.J. Res. 28 would amend the now-expired Continuing Appropriations Act, 2019, extending the appropriations and the authorities provided for in that measure through February 28, 2019.
 
Impact on Immigration and Refugee Functions..  As a practical matter, this would mean that --

• Appropriations.  Funding for the immigration- and refugee-related functions of the Department of Justice, Department of Homeland Security, and Department of State would continue at fiscal year 2018 levels through February 28, 2019.
  

• Expired Programs.  The following four immigration programs that have expired would be extended, by cross reference, through February 28, 2019:
  

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E-Verify.  the E-Verify Program, created by Sections 401(b) and 403(a) of P.L. 104-208, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA);

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Religious Worker Visa.  the Non-Minister Special Immigrant Religious Worker Visa Program, enacted as part of P.L. 101-649, the Immigration Act of 1990 and found in Section 101(a)(27)(C) of the Immigration and Nationality Act;

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Conrad 30 Program.  the Conrad 30 State J-1 Visa Program, enacted in 1994 as part of Public Law 109-477; and

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Investor Visa.  the EB-5 Investor Visa Regional Centers Program, enacted in 1992 by Section 610 of Public Law 102-395

• Border Security Funding. Funding for border security would be continued at the FY ’18 level of $1.3 BILLION, with no explicit funding for President Trump’s proposed wall along the border between the U.S. and Mexico.
  

Floor Consideration.  The House first took up H.J. Res. 28 on Thursday, January 17, 2019, under procedures that precluded Members from offering any floor amendments to it.  After debating the measure and disposing of the Republican Motion to Recommit it, the House passed it by a voice vote.  However, after complaints from the Republican Leadership that the vote was called too quickly, the Democratic Leadership agreed to vitiate the action by which the House passed the measure and held a recorded vote on the measure on Wednesday, January 23rd.
 
Next Steps.  Now that the House has passed H.J. Res. 28, the next step in the legislative process is its consideration by the Senate.