Skip to content

They’re BACK!!!!

After seven weeks of recess, the House and Senate are back to work today.  Congressional lawmakers now have approximately 17 legislative days to figure out how to avoid a government shutdown before the new fiscal year (FY 2017) begins on October 1. As we saw last year (a non-election year), coming to an agreement on how to allocate federal fiscal resources is already and tough job. Now, with re-election campaigns now in high gear, political tensions have only grown worse since Congress adjourned in mid-July, further complicating the difficult dealmaking to come.

Adding another layer of complications and vitriol, at least on the House side, the House Freedom caucus, a vocal group of about 40 hard-core conservatives, are blaming GOP leadership for the defeat of one of the caucus’s most active members, Rep. Tim Huelskamp (R-KS), in a party primary in August.

Much of this week will likely be spent drawing battle lines over the expected stopgap measure, known as a continuing resolution (CR), that would extend current FY 2016 funding levels into the new fiscal year (FY 2017) for a short length of time. While a typical CR simply extends all current funding levels for a specified amount of time, pressure is building to add money to combat the Zika virus. A $1.1 billion Zika package collapsed in July in a partisan standoff, although efforts could be made to revive it with modifications. The Senate is feeling pressure to include Zika funding from Senators like Floridian Marco Rubio, who’s state has been particularly impacted. Flood relief for Louisiana is as expected to be discussed.

The length of the CR is also in question. Fiscal hawks of the House Freedom Caucus have long been arguing for a CR into March of 2017 to wait until the new President is in office. Many others in Congress, namely the Democrats, want to clear the decks for the new President and pass an omnibus measure in December — something the staunch conservatives in Congress have vowed to fight in the lame duck session. In fact, Senate Democrats have been very vocal on this issue, and without the support of the Senate Democrats on any CR measure, the Senate Republicans cannot overcome the 60-vote threshold to defeat cloture. 

Look for much posturing to come!

Off to Convention

Congress has left town for its seven-week summer recess, having made progress on considering FY 2017 appropriations measures, but both chambers left town without a clear path forward. For the first time in many years (since FY 2010), the House and Senate Appropriations Committees have approved all 12 of their respective FY17 appropriations bills, although none has received final congressional approval.

Despite this progress, there appears to be growing support among House Conservative Republicans for enactment of a six-month continuing resolution (CR), which would last through March 2017, rather than a short-term CR through December that keeps the government funded through the election while an omnibus appropriations package is negotiated. Of note, Congress typically does kick the can on passing a full fiscal year funding in presidential election years,or has since 2002. The lame duck Congress typically leaves the fiscal completion up to the new Administration and not complete full appropriations during a lame duck session, the notable exceptions were 2004 and 2014. 

Among other issues, a long-term CR would place at risk funding increases approved by both appropriations committees for the National Institutes of Health (NIH) and the possibility of restoring the year-round Pell Grant, as approved by the Senate committee (see next item below).

The House Appropriations Committee needed two days to finish work on its FY 2017 Labor-HHS-Education appropriations bill, which it did the morning of July 14. The vote was 31 to 19. This was the first House Labor-HHS-Education bill brought to a full committee vote since 2006.

The bill’s $161.6 billion in discretionary spending is about $257 million below the Senate committee-approved level, $569 million below the FY16 enacted level, and $2.8 billion below the Administration’s FY17 request.

The measure would raise funding for the National Institutes of Health (NIH) to $33.3 billion, an increase of $1.25 billion above the FY16 level. On a party-line vote of 19-29, the committee rejected an amendment to raise NIH funding by an additional $750 million to the Senate committee-approved level of $2 billion. The increase would have been offset by declaring certain other health-related funding in the bill as emergency spending. Labor-HHS-Education Appropriations Subcommittee Chairman Tom Cole (R-OK) reiterated the statement he made in the subcommittee markup that he viewed the committee’s NIH funding level as a floor, not a ceiling.

The committee also voted down an amendment that would have restored the year-round Pell Grant. The amendment failed by a vote of 19-27, with two Republicans joining all Democrats in support of the amendment. Chairman Cole said he would welcome restoration of year-round Pell, suggesting the Senate position might prevail in the House-Senate conference on the bill.

The panel also rejected amendments to eliminate four provisions in the bill intended to block Obama administration regulatory actions. Left standing were the provisions to prohibit the Department of Labor from implementing its new overtime rule and to prohibit the Department of Education from moving ahead on regulations on teacher preparation, defining “gainful employment” and “credit hour,” and how states license institutions of higher education.

The National Institutes of Health (NIH) funding includes $165 million for the National Children’s Study, $511.5 million for Clinical and Translational Sciences Awards, and $333.3 million for Institutional Development Awards (IDeA) programs. Other details include:

  • $1.26 billion, a $350 million increase, for the Alzheimer’s disease research initiative;
  • $195 million, a $45 million increase, for the Brain Research through Application of Innovative Neurotechnologies (BRAIN) initiative; and
  • $300 million for the Precision Medicine Initiative.

The bill would maintain the salary cap on external NIH grants at Executive Level II of the Federal Executive pay scale.

For higher education, the bill would raise the Pell Grant maximum award to $5,935 through a combination of discretionary and mandatory funds (which is the same as the Administration’s request and the Senate bill).

The circulated report language provided the following funding levels for key higher education programs.

Supplemental Education Opportunity Grants, Federal Work-Study, and Title VI/Fulbright-Hays were flat funded at their FY16 levels of $733 million, $989.7 million, and $72.2 million, respectively. The bill would increase funding for TRIO to $960 million, an increase of $60 million above the FY16 level, and increase funding for GEAR UP to $344 million, an increase of $22 million above the FY16 level.

In contrast, the measure would reduce funding for the Institute for Education Sciences to $536 million, a cut of $81.9 million from the FY16 level. The bill also would zero out funding for the Graduate Assistance in Areas of National Need (GAANN) program-the only graduate education-specific aid program left in the Department of Education-on the basis that GAANN duplicates grant funding available through other agencies. The report also encourages using the $100 million that the Administration proposed to use in restoring the Fund for the Improvement and Support of Education (FIPSE) in FY17 to fund the First in the World program.

Meanwhile, it turns out the 10-year forecast it made just six months ago, in President Barack Obama’s fiscal 2017 budget, was way off. A revised forecast, issued Friday by the Office of Management and Budget, identified an extra $881 billion in savings over the next decade, if Obama’s budget were to become law.

Last Week!!!

With only five days left before a seven-week summer recess, Congress will at least try to keep up appearances. The House Appropriations Committee is scheduled to complete work on the final two of the 12 annual spending bills needed to fund the government for FY 2017. Meanwhile, the full House is set to vote on its FY 2017 Interior-Environment spending bill, which would be the fifth bill to pass the House this year.

By the time Congress reconvenes in September, there simply will not be enough time left to complete work on all of the regular spending bills before the new fiscal year begins on Oct. 1. To avoid a politically deadly government shutdown one month before the elections, some kind of stopgap spending measure, known as a Continuing Resolution (CR), will need to be approved. House Conservatives have expressed concerns about a short-term CR. 

On the Senate side of the Hill, the upper body’s rejection of a procedural vote on the FY 2017 Defense spending bill last Thursday may signify the final nail in the coffin for the regular FY 2017 appropriations process, as Democrats rebel and talk increasingly turns to staving off a government shutdown with a stopgap measure.  Regardless, he Defense spending bill is up, but the chamber could also pivot to take action on the FAA bill or the final version of a bill to fight opioid addiction. The House approved the opioid conference report on Friday.

House Approves Opioid Conference Report

In a remarkable change of pace, the House and Senate came to a conference agreement on S.524, Comprehensive Addiction and Recovery Act this Wednesday. The agreement contains numerous provisions to combat increasing rates of opioid drug abuse, including through modifications to prescribing and pain management practices, by creating or modifying programs to expand access to treatment, particularly access to opioid overdose reversal drugs or medication-assisted treatment that eases withdrawal symptoms, and by establishing or strengthening specific programs for vulnerable groups such as drug-addicted infants. It also requires the Veterans Affairs Department (VA) to take several actions to better manage and track the use of opioids by veterans.

In both chambers and in the conference committee process, Democrats sought to add hundreds of millions of dollars in appropriations to ensure that individuals suffering from opioid addiction would have access to treatment; however, those efforts were blocked. Because of the lack of funding, the Administration has expressed opposition to the agreement — but has not issued a formal veto threat.

Today, the House almost unanimously approved legislation, by a vote of 407-5, to combat opioid overdoses after Democrats dropped their opposition to the bill at the last minute. The vote all but assures that the bill will sail through the Senate and head to President Obama’s desk next week. The legislation, a top priority for GOP leaders, is expected to be one of Congress’s biggest achievements this year.

House Committee Moves Forward with Labor-H

The House Appropriations subcommittee marked up the FY 2017 Labor-H appropriations measure today. The legislation includes funding for programs within the Department of Labor, the Department of Health and Human Services, the Department of Education, and other related agencies. No report language has been released, so details of the bill will likely remain unclear until full committee consideration next week.

Full committee markup of the bill is scheduled for Wednesday, July 13, at 10:00 a.m. EDT in 2359 Rayburn House Office Building.

The measure would increase funding for the National Institutes of Health (NIH) to $33.3 billion, an increase of $1.25 billion above the FY16 level, but does not include the Senate bill’s funding to restore the year-round Pell Grant. The bill includes a provision to prohibit the Department of Labor from implementing its new overtime rule.

Highlights of accounts of note include:

NIH 

The $33.3 billion in NIH funding includes $165 million for the National Children’s Study, $511.5 million for Clinical and Translational Sciences Awards, and $333.3 million for Institutional Development Awards (IDeA) programs. Other details include:

  • $1.26 billion, a $350 million increase, for the Alzheimer’s disease research initiative;
  • $195 million, a $45 million increase, for the Brain Research through Application of Innovative Neuro-technologies (BRAIN) initiative; and
  • $300 million for the Precision Medicine Initiative.

The bill also maintains the salary cap on external NIH grants at Executive Level II of the Federal Executive pay scale.

Higher Education

The Pell Grant maximum award would be increased to $5,935 through a combination of discretionary and mandatory funds, which is the same as the Administration’s request and the Senate bill. The bill also would prohibit the Department of Education from moving ahead on regulations on teacher preparation, defining “gainful employment” and “credit hour,” and how states license institutions of higher education.

The Senate committee-passed bill funds NIH at $34 billion, a $2 billion increase, and uses part of the Pell Grant program surplus to restore the year-round Pell Grant.

Federal Relations will continue to update as we learn more details.