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Category: Budget

More Cabinet Posts, FY 2018 Budget Update

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It will continue to be a busy week for the House and Senate. Today, the Senate will continue to work on confirmations as four Cabinet positions – Betsy DeVos for Secretary of Education, Senator Jeff Sessions for Attorney General, Rep. Tom Price for Secretary of HHS, and Steven Mnuchin for Secretary of Treasury  – are up for full Senate consideration this week. Rep. Mike Mulvany (R-SC), Trump’s nominee to lead the Office of Management and Budget (OMB), is still working his way through the Senate, which could cause some budget complications for FY 2018 (see below). 

Senators are expected to move on a House-passed Congressional Review Act resolution nullifying a regulation curbing methane emissions from oil and gas wells on federal lands. Once passed, it will mark the third energy-related rule nullified by the Republican Congress. 

Today, the House continues efforts to stop regulations finalized by former President Barack Obama now focusing on the Department of Education. So far, lawmakers have introduced Congressional Review Act resolutions targeting the Obama Administration’s regulations governing teacher preparation programs as well as its accountability rule under the Every Student Succeeds Act.

It is the first Monday in February, which is technically Presidential Budget day. On the first Monday in February, the Administration is statutorily required to submit their budget request for the upcoming fiscal year (in this case FY 2018) to Congress. All recent Presidents (including Obama…multiple times) have missed the statutory deadline for budget submissions in their first year in office. There is no penalty for missing the date and a full budget proposal may not emerge from the White House until April or May.

While a delay in the budget submission is expected for a new Administration, virtually guarantees a delay in the entire FY 2018 appropriations process. Regardless of who controls Congress, lawmakers typically fail to get regular spending bills passed before the start of the new fiscal year, which begins on October 1. This year enjoys the particular complication of not having closed out FY 2017 with the current CR running until April 28th. Congress will have to address FY 2017 and immediately (or concurrently) FY 2018. 

 

More Nominations Move Forward

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The Senate continues to make progress on more Trump Cabinet nominees. Both the Senate Homeland Security and Governmental Affairs and Budget committees voted to move forward the nomination of Rep. Mick Mulvaney (R-SC) to head the Office of Management and Budget on party-line votes.

In the Senate Environment and Public Works Committee, the majority used the same procedures employed by the Finance Committee Republicans to address a Democratic boycott of a vote on a nominee: the committee rules, which require at least two members from the minority party for a vote, were suspended and the nomination of Scott Pruitt as Director of the Environmental Protection Agency was approved by the majority. Thursday was the second day of a Democratic boycott of the committee.

Both nominations now head to the floor for consideration by the full Senate.

Pentagon to Revise FY2017 Budget Request

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The Department of Defense is preparing changes to its budget request for this current fiscal year (FY2017). In a memo, Secretary Mattis states that the department will seek changes to its original request, to address shortfalls in warfighting readiness and the accelerated campaign against ISIS. The new request will lead to a higher overall request for the agency for FY2017 and will likely lead to decreases or smaller increases in “lower priority” programs. It is unclear whether research programs will be impacted by the revised budget. The new request will be submitted by March 1.

The same memo states that the FY2018 budget request will be delivered by May 1 and will focus on “balancing the program, addressing pressing programmatic shortfalls, while continuing to build readiness.” Finally, a five-year plan (FY2019-2023) for the Pentagon will seek to push reforms, including horizontal integration across the agency.

Trump Issues Memos on TPP, Federal Hiring Freeze, and US Foreign Aid

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President Donald Trump signed three presidential memos on Monday freezing federal hiring, withdrawing the US from the TPP, and banning US foreign aid from performing or promoting abortions.

First, President Donald Trump moved Monday to make good on a campaign promise to shrink the size of the federal government, issuing a memo to freeze federal hiring. The military was exempted from the memo’s constraints.

Second, President Trump issued a memo to withdraw the United States from the Trans-Pacific Partnership. The move fulfills one of Trump’s signature campaign pledges to get out of the sweeping 12-nation trade deal, which he once called “a rape of our country” and said would hurt US jobs.

Third, President Trump issued a memo that calls for the reinstatement of a policy to prevent the recipients of American foreign aid from performing or promoting abortions. The action comes the day after the anniversary of Roe v. Wade. The memo would prohibit NGOs that receive federal funding – including health care providers or organizations – from providing or promoting abortion or from advocating for abortion laws abroad.

On Friday, immediately following President Trump’s inauguration, Trump’s Chief of Staff, Reince Prebus, issued a Memoranda instructing the heads of federal departments and agencies to stop advancing regulations until Trump appointees are able to review them. The memo was issued by Priebus is typical when a new party takes the White House. The memo is in many ways identical to one that then-White House Chief of Staff Rahm Emanuel sent on Jan. 20, 2009. 

Priebus’ memo made exceptions for emergency situations and other urgent health, safety, financial or national security matters allowed by the Office of Management and Budget. It also makes exceptions for regulations implemented to meet a statutory or judicial deadline. 

Impacts from that freeze are far reaching and include:

  •  The Housing and Urban Development Department suspended the mortgage insurance premium rate reduction scheduled to take effect later this month.
  • The Education Department rule to forgive student loans of borrowers if they were defrauded by their college could be delayed. The rule was finalized in October but would not go into effect until July. The department has also not finalized a proposed rule meant to increase state officials’ oversight of online college programs within their state. The department estimated the rule would affect 5.5 million students.
  • The Labor Department’s contentious fiduciary rule, opposed by Republicans, has been finalized but will not go into effect until April. It could be blocked by the memo. The rule would require retirement investment advisers to put the best interests of their clients before their own interests.

  • USDA has stalled a final rule published Thursday setting animal welfare standards for poultry and livestock. It was scheduled to take effect March 20, with portions phased in through 2018. The rule is meant to enable the Agriculture Department to certify products as organic. The proposal has divided the poultry industry, with some producers calling the requirements excessive and unnecessary.

More Confirmation Hearings, Republican Retreat

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It’s a busy short week for Congress. House and Senate Republicans head to Philadelphia this week to begin sorting out fiscal priorities for the coming year in the party’s annual retreat. 

The retreat should lay out the first 100 days game plan for the Administration and Congressional Republicans and could lay the groundwork for setting fiscal priorities in the first year of the Trump Administration.

The Government Accountability Office (GAO) warned Congress in a report last week that the country is headed toward a fiscal train wreck. That’s even before any new spending programs or tax cuts are considered. Soaring costs for entitlement programs, from an aging population and rising health care costs, will combine with increasing interest payments to push the federal debt to record levels, the GAO said.

Federal debt as a share of the economy reached 77 percent last year, compared to the historical average since World War II of 44 percent. Without a change in policy, the ratio will exceed its historic high of 106 percent within 15 to 25 years.

Also, welcome to the first week of Congress with President Trump in the White House. Congressional leaders from both parties will meet with the new president at the White House today for a 5 p.m. reception. 

The House will have a light week of mostly suspension bills. The only non-suspension bill the House will vote on next week is HR 7, the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2017.  The measure, sponsored by Rep. Chris Smith (R-NJ), would prohibit federal funds, including those provided to the District of Columbia, from being used for abortions or for health benefits that cover abortions. The House has voted on a version of the bill in prior years as part of Republicans’ sustained targeting of Planned Parenthood.

The Senate continues to work on the confirmation process. Senate Democrats are demanding paperwork and additional time to question the remaining nominees, but truly all they can do is slow down the process. Up this week are Rep. Mike Pompeo (R-KS),who is up for CIA director, Rep. Tom Price (R-GA), who is up for Secretary of HHS and will appear before Senate Finance for another chance to defend ACA repeal, and Rep. Mick Mulvany (R-SC), who is Trump’s pick for White House budget director. Rep. Mulvaney gets a full day on Tuesday at two confirmation hearings: a morning hearing by the Senate Budget Committee and an afternoon examination by the Senate Homeland Security and Governmental Affairs Committee.