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FY11 Omnibus Spending Bill Increasingly Possible (Updated 12/17)

**12/17 Update: Now increasingly unlikely, as several committed votes in favor have switched

Today, in a step towards closing out the FY11 appropriations process, the Senate Appropriations Committee released its omnibus appropriations package. The package would enable modest increases to federal research agencies that the University of Washington draws competitive grant support from. Additionally, the package contains support for several UW specific projects. Items of note from the Senate omnibus are listed below. The package will require 60 votes in the Senate in order to overcome a filibuster. At present, it appears that Senate Appropriations Committee Chairman Daniel Inouye (D-HI) has the votes necessary to advance the legislation. However, the process is far from a done deal. A final outcome should be clear by the end of the week, when the House hopes to adjourn for the year.

UW Specific Projects in the Senate Omnibus

  • Puget Sound Littoral Sensing- $4.96 million
  • National Tidal Energy Test Platform- $3.76 million
  • Healing in Bone & Eye with Sphere-templated Polymers- $1.2 million
  • Center of Excellence for Advanced Materials in Transport Aircraft Structures (AMTAS)- $750,000
  • Dental Education in the Care of Persons with Disabilities (DECOD)- $570,000
  • Small Business Development Center (Tacoma)- $265,000

Agency Funding Levels of Note in the Omnibus

  • Commerce-Justice-Science Section
    NSF: $7.34 billion (an increase of approximately $400 million from FY10)
    NOAA: $5.5 billion (an increase of approximately $800 million from FY10)
    NIST:
                    – Technology Innovation Program: $70 million
                    – Manufacturing Extension Program: $125 million
  • Interior-Environment Section
    USGS: $1.2 billion (an increase of approximately $900 million from FY10)
  • Labor-HHS-Education Section
    NIH: $31.8 billion (an increase of about $750 million from FY10)

*Additionally, $5.7billion is provided to fill a shortfall in the Pell Grant program, which was created by increased eligibility

Second Temporary Spending Measure Likely (Updated)

**12/3 Update: Congress has approved a CR (referenced below) that will last through 12/18, allowing lawmakers additional time to attempt an omnibus spending bill that would closeout the FY11 appropriations process.**

The House of Representatives is close to a vote on a second continuing resolution (CR) that would continue the level funding of government operations through December 18th. The first CR, which expires on Friday 12/3, was necessitated on October 1st when Congress failed to pass appropriations bills in time for the beginning of the new fiscal year. A CR typically provides temporary level funding to allow Congress more time to complete the appropriations process.

At this point, Senate leaders are still pushing to complete the FY11 appropriations process with an omnibus spending bill before Congress adjourns for the year. Such a move would preserve expected increases for research agencies such as NSF and NIH, as well as congressionally directed appropriations (also knows as earmarks) for this cycle. However, emboldened by election wins and increased numbers in the next Congress, Republicans are far less interested in moving forward with FY11 appropriations bills that do not reflect their priorities.  It remains possible that Democratic attempts to pass an omnibus spending bill will be filibustered in the Senate, requiring the issue to be punted to the new Congress -where agency/program increases and funding for special projects will be met with significant skepticism.

US Senate to Vote on Earmark Ban

The Senate postponed until this morning a vote on a measure that would ban all earmarks for the next three years. The chamber will vote on an amendment to food safety legislation proposed by Senator Coburn (R-OK) that would create a Senate rule effectively prohibiting the chamber from considering any measure containing earmarks.  Coburn’s amendment would require two-thirds of senators present and voting for approval, and it’s unlikely his proposal will meet that threshold.  Read moreabout Coburn’s amendment.

UPDATE:  Earlier today, the Senate passed the most significant overhaul of federal food safety regulations in seven decades, which would expand the FDA’s power over the food supply.  The House should take action before the end of the week and send the measure to Obama for his signature.  During the debate in the Senate, senators effectively killed any further talk about a binding three-year ban on congressional earmarks.  But since earmark projects have nothing to do with food safety, and amendments to a bill are supposed to be germane after cloture is invoked, two-thirds of the Senate would have had to agree to even allow an up-or-down vote on the proposed earmark curb.  Instead, the tally was a decisive 39-56 against allowing a vote on the earmark ban amendment.

First Week of Lame Duck Session Answers Little

Members of Congress returned to DC last week for a lame-duck session intended to address pressing issues, namely the need to finish the fiscal year 2011 appropriations process as well as to extend various tax cut provisions that expire at the end of the calendar year. Members spent the first week of the session largely in party caucuses, electings leaders of the Congress that will be seated in January 2011. Very little was accomplished on any of the substantive issues identified by the current leadership as under consideration. Congress will return from a week-long Thanksgiving recess on November 29th. Given the many issues to address and the intense political maneuvering underway, it is now expected that the lame-duck session will last well into December.

The federal government is currently funded through a continuing resolution (CR) that expires on December 3rd. A CR was required when Congress failed to pass a new budget in time for the beginng of fiscal year 2011 back on October 1st. The CR provides Congress additional time to produce a budget, and temporarily funds agencies/programs at last year’s levels. After the holiday, it appears that Congress will need to pass either a second short-term CR that temporarily continues government operations and rests the final outcome with the new Congress, or pass a year-long CR that essentially ends the FY11 appropriations process. The latter scenario would result in lost opportunities for research agencies (e.g. NIH, NSF) expecting increases over last year’s allocation. Further, a longterm CR would likely provide another setback to attempts to plug a $5.7 billion shortfall in the Pell Grant program. A year-long  CR would also result in the removal of all congressionally directed appropriations from the spending bills. Completion of the FY11 appropriations process through an omnibus spending bill remains a remote possibility.

The extension of Bush era tax cuts seems to be one area drawing some consensus on Capitol Hill. However, the details of a so called “tax extenders” bill remain uncertain. Several provisions of interest to the higher education community are part of the tax debate, though generally less controversial. The items include an extension of the research and development tax credit, IRA charitable rollover that would facilitate giving to our institutions, and the above the line tuition and fees deduction.

At present, Congress also seems likely to pass another fix on physician Medicare reimbursements. On November 18th, the Senate approved an extension of current reimbursement rates through December, which would provide more time to approve a longer-term solution. 

Majority Leader Reid (D-NV) is pushing to fulfill a campaign promise to bring the DREAM Act to a vote. The legislation would provide a path to citizenship for some individuals who entered the country illegally with their parents. Despite support from a majority in the current Senate, and broad backing by the higher education community, the legislation is not likely to garner the 60 votes necessary to break an expected fillibuster.

Post-Election Legislative Agenda Uncertain

The mid-term congressional elections that took place on Tuesday, resulting in a Republican House majority and diminished Democratic Senate majority, will have a significant impact on issues of concern to the higher education community (FY11 appropriations, DREAM Act, COMPETES Act, tax policy) that were previously slated for consideration during the coming “lame-duck” session. The current Democratic leadership on Capitol Hill may decide, or be forced, to punt many legislative items to the new Congress. It is expected that the new Congress will increase efforts to constrain federal spending. How deeply those efforts impact research and student aid remains to be seen.

The Office of Federal Relations is gathering information on the likely leadership structure of the incoming 112th Congress, as well as on prospects for legislation of interest. A Federal Report will be produced and available on this website during the week of November 7th.