What’s Sup? Supplemental Defense Bill Passes the House

Brownstein Hyatt Farber Schreck

On Saturday, April 20, the House voted on a series of five separate bills, three of which would provide emergency funding to Israel, Ukraine and the Indo-Pacific, a fourth so-called “sidecar” spending bill that would cover a series of related national security measures sought by House Republicans, and a fifth bill focused on border security intended to appease conservative members of the GOP conference. Altogether, the Israel, Ukraine and Indo-Pacific measures called for $95.3 billion in spending—$26.38 billion for Israel. $60.84 billion for Ukraine and $8.12 billion for the Indo-Pacific. The House ultimately passed four of the five measures, with the border-focused bill failing to achieve the necessary level of support required for passage.


Overview of the Legislation

A House Appropriations Committee summary of the three bills covering aid to Israel, Ukraine and the Indo-Pacific reveals that they each closely align with the provisions that were included in the Senate-passed national security supplemental (S.Amdt.1388 to H.R.815). The five bills/sections break down as follows:

  • H.R.8034, the Israel Security Supplemental Appropriations Act, 2024 – $26.38 billion in security assistance, including $4 billion for the Iron Dome and David’s Sling missile defense systems, $1.2 billion for procurement of the Iron Beam missile defense system, $3.5 billion in foreign military financing, and $1 billion for ammunition plant improvements and production. This measure also includes $2.4 billion for U.S. Central Command (CENTCOM) operations in the Red Sea as well as a ban on any U.S. funding for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
  • H.R.8035, the Ukraine Security Supplemental Appropriations Act, 2024 – $60.84 billion in security assistance, including $23.2 billion to replenish Department of Defense (DOD) stocks; $11.3 billion to support regional U.S. military operations; $13.8 billion for the Ukraine Security Assistance Initiative (USAI) for the country to purchase U.S. weaponry; $9.5 billion in forgivable loans; $8 million for the DOD Inspector General (IG) to conduct oversight of U.S. money and armaments delivered to Ukraine; $7.9 billion in economic assistance to Ukraine; and $1.6 billion in loans for assistance to Europe and Eurasia.
  • H.R.8036, the Indo-Pacific Security Supplemental Appropriations Act, 2024 – $8.12 billion in security assistance, including $2 billion for Taiwan and other regional allies to purchase weapons through the Foreign Military Financing (FMF) Program; $1.9 billion to replenish DOD weapons stocks provided to Taiwan and other regional partners; $133 million to enhance the U.S. industrial base capacity for critical cruise missile components; and $3.3 billion in submarine infrastructure investments.
  • H.R.8038, the 21st Century Peace through Strength Act (Republican Priorities) – contains a slate of policy changes, including a lend-lease deal for military aid to Ukraine, the Rebuilding Economic Prosperity and Opportunity for Ukrainians (REPO) Act (H.R.4175/S.2003), which would empower the United States to sell seized Russian assets, as well as sanctions against China, Iran and Russia, and a ban on TikTok in the United States, among other provisions.
  • H.R.3602, the Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act (The End the Border Catastrophe Act) – this measure is intended to appease conservative members of the GOP conference who were opposed to the foreign aid supplementals. The provisions are based on House Republicans’ previously introduced Secure the Border Act (H.R.2), with the only major differences being that the new measure eliminates a provision mandating employers to use the E-Verify system to confirm workers’ immigration status and eligibility to work, and the addition of a provision that would appropriate $9.5 billion in grants to border states to construct border barriers and reimburse federal law enforcement agencies for immigration enforcement-related expenses.

Results of This Weekend’s House Votes

The House first attempted to pass the End the Border Catastrophe Act by considering it under suspension of the rules, which would have required two-thirds support for passage. This effort ultimately failed by a vote of 215-199 vote, with five Democrats—Reps. Don Davis (D-NC), Jared Golden (D-ME), Vicente Gonzalez (D-TX), Mary Peltola (D-AK) and Marie Gluesenkamp Perez (D-WA)—joining all Republicans in voting for the measure. Next, the House successfully passed the 21st Century Peace through Strength Act by a 360-58 tally, with 186 Republicans and 174 Democrats voting in favor while 25 Republicans and 33 Democrats voted against it. Prior to the final passage of this measure, the House approved by a 249-167 vote the inclusion of an amendment offered by Rep. Zach Nunn (R-IA) that would require the Treasury Department to submit a report to Congress on identifying all assets of the Iranian Government or covered persons valued at more than $5 million.

The House then voted to pass the Indo-Pacific supplemental by an overwhelming 385-34-1 margin, with 34 Republicans voting against the measure and Rep. Rashida Tlaib (D-MI) voting “present.” Afterward, the House took up the Ukraine-focused supplemental, beginning this process by voting on several amendments offered to this measure. First, the House voted to reject an amendment offered by Rep. Victoria Spartz (R-IN) that would remove the $7.9 billion in non-military aid to Ukraine from the legislation by a 105-319 vote, with 107 Republicans joining all Democrats in opposing it. The House then voted to reject an amendment offered by Rep. Marjorie Taylor Greene (R-GA) that would have reduced every dollar amount in the bill to zero. This measure, failing by a 71-351 margin, was opposed by 139 Republicans and all Democrats. Next, the House also rejected an amendment from Rep. Kat Cammack (R-FL) that would have eliminated all non-military funding in the bill designated for Ukraine by a 154-272 margin, with 59 Republicans joining all Democrats in voting against. Subsequently, Rep. Chip Roy (R-TX) offered a motion to recommit (or dismiss consideration) of the package, which failed by a significant 88-336 margin, with 126 Republicans joining all Democrats in voting against it. Finally, a vote for final passage was approved by an overwhelming 311-112-1 margin, with 112 Republicans voting against while 101 Republicans voted in favor alongside all Democrats. One Republican, Rep. Dan Meuser (R-PA), voted present.

In the final vote, on the back of a bipartisan coalition of support, the Israel-focused supplemental was approved by a 366-58 vote. The measure was supported by 193 Republicans and 173 Democrats while 21 Republicans joined 37 Democrats in voting against the measure.


Outlook and Implications

As part of the process to pass the spending measures, the House utilized a process called a “division of the question,” which permitted the chamber to divide the bill into the distinct sections outlined above to vote on each section separately, and then join the sections into a single bill for the purposes of transmitting the bill to the Senate. As a result, the quartet of House-passed bills will now head to the Senate as one combined measure. Earlier on Saturday, prior to the House votes, Senate Majority Leader Chuck Schumer (D-NY) indicated that he had reached an agreement with House leadership about advancing the foreign aid bills, adding that the chamber would prioritize the package with the intention of passing it as soon as Tuesday, April 23.

The latest indications from the Senate—in tandem with the recognition that the chamber has been considerably supportive of Ukraine-focused foreign aid—lead to the belief that it is highly probable that the Senate will be able to approve the House-passed package. However, it is important to note that some senators may take steps that will slow down the Senate effort, such as filibustering or opposing unanimous consent. The most-likely senator to do so would be Sen. Rand Paul (R-KY), who has previously voiced his opposition to certain foreign aid provisions as well as the effort to ban TikTok. Paul also has a well-established reputation of using procedural maneuvers to delay the passage of legislation he strongly opposes. It is also possible that Sen. Mike Lee (R-UT)—anther senator who has deployed similar tactics in the past—may threaten to or undertake similar steps. Should Sens. Paul or Lee, or another senator move to filibuster the package, Schumer would be forced to make a motion to invoke cloture to end debate over the measure, a process that would require 60 votes and require a roll call vote. While it currently appears unlikely that this process would significantly imperil the chances of passing the package, it would nevertheless cause the Senate to take more time and effort to do so.

Finally, one last consideration that will bear tracking is whether or not Greene and allied conservative Republicans will trigger her motion to vacate (MTV, H.Res.1103) the speakership, which would effectively put Johnson’s House leadership role up for a vote before the full chamber. This is the same procedure that conservative House Republicans used to topple former Speaker Kevin McCarthy (R-CA) and as leverage to force both McCarthy and Johnson to adhere to their policy preferences and agenda. While Greene did not trigger the MTV after the foreign aid votes, there is speculation over whether she may do so in the near future. Moreover, over recent days, a pair of conservative House Republicans opposed to the foreign aid packages signed on as co-sponsors of the MTV—Reps. Thomas Massie (R-KY) and Paul Gosar (R-AZ)—and it is possible that others may join over the coming days. When asked by reporters following today’s votes about whether she would follow through with triggering the MTV, Greene said she was first letting “her colleagues go home and talk with their constituents” before taking any further actions, but conveyed her frustration with the passage of the foreign aid bills, calling it a “sellout of America” and accusing Johnson of “betrayal” by moving forward with passing the measures.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Brownstein Hyatt Farber Schreck

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