Skip to content

House and Senate Likely to Bypass Formal Budget Resolution

Leaders in the House and Senate have apparently decided to forgo the development and passage of a typical 5-year budget resolution and will instead set a one-year spending plan. The plan will provide caps for discretionary spending in the 12 appropriations bills that fund federal government operations. According to House Majority Leader Steny Hoyer (D-MD), the proposed spending caps will require reductions below the budget figures recommended by President Obama in February.  Further, the House plan calls for the 12 appropriations sub-committees to find efficiencies through the elimination of unnecessary programs within their jurisdiction.

In the House, it is expected that the spending caps will move alongside an FY10 supplemental spending bill prior to the July 4th congressional recess. The Senate timeline for approving the spending caps is less clear at this time, though budget chairman Kent Conrad (D-ND) has expressed tentative support for the concept.

The long expected decision will likely clear the way for consideration of the individual FY11 spending bills, as it gives the various sub-committees top-line allocations to work with. Although some appropriations bills may advance in July, it remains highly likely that most will be rolled into an omnibus appropriations package after the November election.

Little Signs of Life in FY11 Appropriations Process

The consideration of FY11 spending bills has been delayed for weeks, largely due to the inability of the House and Senate to produce a budget resolution. Each year, one of the first steps Congress takes in the appropriations process is the development of a budget resolution. A budget resolution sets the spending limits for the 12 appropriations bills that Congress considers. The resolution is not a mandatory part of the process, but is one that many deem fiscally responsible. Moving forward in the appropriations process without a budget resolution is akin to a family spending money without ever setting a budget for itself.

Despite dozens of hearings on President Obama’s FY11 budget request and some committee staff action in developing the bills, the appropriations process has largely been placed on hold. The stalemate over a budget resolution combined with the necessary consideration of a FY10 supplemental spending bill and a package of tax break extensions has resulted in little recent action on the FY11 appropriations bills.

Early this week, leaders on the Hill gave some indication that they might hold subcommittee markups on a few appropriations bills prior to the July 4th congressional recess. Nonetheless, it remains highly improbable that Congress will send appropriations bills to the President until after the November mid-term elections. On October 1st, Congress will likely need to pass a continuing resolution (CR) to keep the government operating until it can pass the FY11 spending bills. A CR would continue government functions at existing (FY10) levels. However, it should be noted that congressionally directed appropriations that are a part of the FY11 process will not be funded until new spending measures are signed into law.

Education Funding Proposal Still Alive

The House of Representatives continues to explore options for providing funds to states to save education jobs and to close the shortfall in the Pell Grant program, as part of a fiscal year 2010 supplemental spending bill.

The $84 billion bill crafted by House Appropriations Chairman David Obey (D-WI) includes $23 billion to help states avoid laying off K-12 public school teachers and $5.6 billion to cover the projected shortfall in the Pell Grant program. Public higher education jobs are not provided for in Congressman Obey’s draft. Additionally, the proposal would establish a minimum level of funding for K-12 education without providing the same protection to public higher education. This provision could leave public colleges and universities vulnerable to cuts as states strive to meet the K-12 maintenance of effort (MOE) requirement. UW Federal Relations is working with the Washington delegation and the broader higher education community to seek modifications to the higher education exclusion and K-12 MOE recruitment.

Many fiscally conservative Members of Congress have expressed concern with providing funding for education jobs in a supplemental spending bill, as it would add to the deficit. In response, House Democrats are now discussing various options for offsetting the education provisions by eliminating a portion of unobligated Recovery Act funding.

The supplemental spending bill approved by the Senate at the end of May did not include the education jobs provision or funding to cover the Pell Grant shortfall.

Over the weekend, President Obama sent a letter to the Hill advocating for roughly $50 billion of spending on domestic programs — including the education provisions outlined above — in the supplemental appropriations bills. The supplemental spending bill is largely intended to fund military operations in Iraq and Afghanistan and emergency response activities (e.g. Gulf oil spill, flooding in the south).

The coming week should provide some indication on the prospects for education funding in the House supplemental bill. However, we may be several weeks off from a final outcome, as the House and Senate will still need to come to agreement on a final version of the legislation.

Letter from President Obama to Congressional Leadership

OMB Seeking FY12 Agency Budget Cuts

Yesterday, the White Office of Management and Budget (OMB) issued two memoranda instructing non-security federal agencies to submit two separate plans for cutting both spending and low-priority programs in their FY12 budget submissions.

The first memorandum, from OMB Director Peter Orszag, requires each agency to submit an FY12 budget request that is five percent below the FY12 discretionary budget listed for the agency in the President’s FY11 budget request.  “This will allow the President’s Budget to accomplish an overall non-security discretionary freeze even while providing funding for new initiatives and any contingencies that arise over the coming months,” says the memorandum. 

The memorandum directs agencies not to cut programs across-the-board, but to eliminate low-priority programs and activities, redesign staffing and management processes, and “focus management attention on high-priority performance goals.”  It also directs agencies to review with OMB “savings opportunities in the full range of mandatory programs.”

The second memorandum, from Orszag and White House Chief of Staff Rahm Emanuel, directs the agencies to identify the programs and subprograms that “have the lowest impact on your agency’s mission and constitute at least fiver percent of your agency’s discretionary budget.”  This is designated as a separate effort from identifying agency budget cuts of five percent.

Congress Returns to Unfinished Business

Congress returns this week from its one-week Memorial Day recess with the Senate ready to take up the House-passed “extenders” bill, while the House determines their next move on the FY10 supplemental bill.

Tax Extenders:  The tax extenders measure (HR 4213) under consideration in the Senate includes a number of important program authorities that expired over the recess period, including authority for long-term unemployment benefits and provisions preventing a scheduled 21 percent cut in Medicare reimbursement rates to doctors.  The House narrowly passed the measure on May 28 just hours before leaving for its Memorial Day break.

The most important provision to the State of Washington is the “emergency” provision that would have extended for another six months increased federal aid for joint federal-state Medicaid programs (FMAP).  Because states lag behind national recovery, they expect 2011 to be as bad as 2010, and states will not begin the path to recovery until 2012.  The Senate is under pressure to include this provision in their version of the bill.

Supplemental Budget:  House action on the FY10 supplemental appears unlikely this week, as Democratic leaders have not yet agreed on a strategy to move the bill forward.  The supplemental provides funds for ongoing efforts in Iraq and Afghanistan, as well as funds to assist with the oil spill response in the Gulf.  The House bill would also include $23 billion to prevent layoffs of teachers when special aid from the stimulus runs out, as well as $5.6 billion to fill the Pell Grant shortfall. 

The Senate took action on this measure before the Memorial Day recess, but their version of the bill does not include the $23 billion education jobs package or $5.6 billion to cover the projected shortfall in the Pell Grant program.  The measure being developed by House Appropriations Committee Chairman David Obey (D-WI) is expected to include both provisions, but public higher education would not be included in the education jobs bill, nor would the state maintenance of effort (MOE) provision apply to higher education.  As pointed out in a May 27 higher education association letter to Mr. Obey, the latter provision could leave public institutions vulnerable to cuts as states strive to meet the K-12 MOE requirement. 

Budget and Appropriations:  Democrats this week will continue their efforts to pass a FY11 budget or deeming resolution in order to begin drafting and passing the annual appropriations bills.  Senate Budget Committee Chairman has indicated plans to push for passage of a five-year budget resolution in the Senate by the Independence Day recess.

Environment and Energy:  The BP Gulf of Mexico oil spill continues to dominate the congressional calendar, with at least three hearings scheduled for this week.  The Senate is likely to vote Thursday on a long-awaited resolution introduced by Senator Lisa Murkowski (R-AK) that would strip the EPA of its regulatory power over carbon emissions.  The resolution has 41 co-sponsors, including three Democrats. The measure needs 51 votes for passage.

The climate and energy bill sponsored by Senators John Kerry (D-MA) and Joe Lieberman (D-CT) will also be on the Senate’s agenda during the month of July.  Senate Majority Leader Harry Reid (D-NV) wrote in a letter to committee leaders last week that he wants them to offer legislative language related to the oil spill before the Independence Day recess for inclusion in a comprehensive energy bill that will be debated on the floor in June.  

Ocean Acidification Resolution:  On Tuesday, the House will consider a resolution introduced by Congressman Jay Inslee (D-WA) that calls for the United States to adopt national policies and pursue international agreements to prevent ocean acidification, to study the impacts of ocean acidification, and to address the effects of ocean acidification on marine ecosystems and coastal economies.  House Resolution 989 was first introduced by Inslee in December 2009 and currently has 53 co-sponsors, including Congressmen Brian Baird (D-WA), Norm Dicks (D-WA), and Adam Smith (D-WA). 

Science and Engineering Festival:  The USA Science & Engineering, the country’s first national science festival, will be held on the National Mall October 3-24, 2010. The National Academy of Sciences, the National Academy of Engineering, Institute of Medicine, and the National Research Council are official festival partners. The expo will give more than 500 US science and engineering organizations the opportunity to present a hands-on science activity to inspire the next generation of scientists and engineers.  Learn more about the Festival.