White House Issues Formal Veto Threat Against House Appropriations Legislation

On Friday, the House passed a spending package for a majority of the federal government. The day before, the White House Office of Management and Budget (OMB) issued a formal notice announcing plans to veto the legislation, H.R. 7617, if it were to arrive on the president’s desk for signature. The Statement of Administration Policy outlining the veto threat claims the legislation violates agreements made under the Bipartisan Budget Act of 2019 prohibiting “poison pills” from being included in appropriations legislation unless agreed to by all four Congressional leaders and the president.

The Statement of Administration Policy explains, “The Administration strongly opposes passage of H.R. 7617… [The legislation] includes a number of provisions that would blatantly violate both the letter and spirit of [the budget deal]. These include provisions that, for example, restrict needed transfer authorities, undermine President Trump’s policies to protect the unborn, and hurt the ability of the police to protect communities.”

The letter outlined numerous proposals within each division of the legislation that the administration opposes, including, among others:

  • Provisions reducing spending on nuclear modernization and sustainment programs;

  • Provisions which prohibit use of FY 2021 or prior-year defense appropriations to construct barriers or security infrastructure along the southern border;

  • Provisions which place limits on the use of armed forces serving on active duty in support of civil authorities at the southern border; and

  • Provisions which fund implementation of the First Step Act of 2018, the Executive Office of Immigration Review, and other law enforcement components at reduced levels than proposed in the FY 2021 Budget Request.

The administration also raised constitutional concerns regarding various provisions that limit the president’s authority to direct use of military personnel and materiel, negotiate certain terms of international agreements, and expend funds on supervision of certain agency activities, among other concerns.

While funding for the Department of Homeland Security is not included in the “minibus” legislation passed by the House last week, the administration shared additional thoughts on proposed legislation as well.

The legislation passed the House in a 217 to 197 vote and now heads to the Senate where Republican opposition will likely lead to changes. Ultimately, the White House asserted that, “If H.R. 7617 were presented to the President in its current form, his advisors would recommend that he veto it.”

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