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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.

Pell Grant Funding on Post-Election Agenda

On November 15th, it is expected that Members of Congress will return to DC to address unfinished legislation before adjourning for the year. Several items of note are likely to considered, including additional funding to fill a shortfall in the Pell grant program. The anticipated $5.7 billion shortfall was created by increased student eligibility for the program. Without funds to close the shortfall, 9 million Pell recipients could see a 15% reduction in their awards at the beginning of next school year. However, the popularity of the Pell grant program has many on the Hill expecting the shortfall to be addressed before cuts to student awards are necessitated. What remains uncertain is exactly how and when the problem will be dealt with. Several efforts to fill the hole in the Pell grant program, by attaching provisions to larger pieces of legislation, have come up short this past year.

Aides to the current congressional leadership have indicated a desire to address the Pell grant shortfall during the post-election “lame duck” session. The session is likely to be devoted largely to completing the spending bills for FY11, of which Pell is a component. However, it’s possible that the spending bills could be tabled until a new Congress is seated in January. The House and Senate that begin work in January are likely to be significantly more inclined to hold or reduce spending levels, so the endgame for the FY11 appropriations process and Pell remain far from clear at this time.

Associations Convey FY 12 Higher Ed Priorities to OMB

This week two higher education associations – the Association of American Universities (AAU), and the Association for Public and Land Grant Universities (APLU) sent collaborative letters to the Obama Administration asking the White House to make higher education a priority in their FY 12 budget.

The first letter called for the administration to again propose an expanded Perkins Loan Program. The associations also thanked the administration for it’s support of the Pell Grant Program.

The second letter pushes to continue sustained growth for all federal basic research programs. The letter acknowledges the strained federal budget, but states that “steady growth in federally sponsored basic research provides the essential foundation for scientific progress and training and for ensuring our nation’s continued competitiveness.”

Links to the full letters follow:

Basic Research Letter

Student Aid Letter

Short-term CR Advances, Pell Shortfall Left Out

With fiscal year 2011 set to begin on Friday October 1st and none of the 12 spending bills yet signed into law, Congress will need to pass a continuing resolution (CR) in order to keep the government functioning. A CR typically funds government operations on a temporary basis, at the previous year’s spending levels, in order to give Congress and the President additional time to complete the process.

Today, the Senate voted to advance its CR in the legislative process. During the past week, speculation circulated that Congress might add language to the CR that would fill a shortfall in the Pell Grant program. However, early indications from the Senate Appropriations Committee are that funding for Pell will not be included in the CR. The $5.7 billion Pell shortfall was created largely by increased student eligibility for the program during the economic downturn. If Congress does not address the Pell shortfall, it would result in significant decreases in student award amounts for next academic year. However, most higher education observers believe that it is not a question of whether Congress will address the shortfall, but rather through which legislative vehicle. The Pell Grant program generally enjoys wildespread support, so a significant cut in award levels seems unlikely at this point.

A summary of the special provisions added to the Senate’s CR is available below. Continue reading “Short-term CR Advances, Pell Shortfall Left Out”