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Category: Higher Education

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. 

 

DeVos Nomination Heads to Full Senate Vote

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Late Thursday/early Friday, the Senate cleared procedural hurdles that would bring the nomination of Betsy DeVos to the floor for a vote by the full Senate next week. A number of groups have argued against her nomination to become the Secretary of Education and two Republicans have recently stated that they will oppose her. With the current make-up of the Senate 52 to 48 in the Republicans’ favor, and with no Democrats expected to vote for DeVos, Vice President Mike Pence may be forced to cast the tie-breaking vote.

DeVos Approved by HELP

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The Senate HELP Committee just voted to advance the nominee for Education Secretary, Betsy DeVos. The committee vote was 12-11, which is along party lines.

Two Republicans, Senators Susan Collins (R-ME) and Lisa Murkowski (R-AK), said that they voted to advance DeVos’ nomination out of committee but still had concerns about her nomination and remained undecided on how they would vote on the Senate floor.

DeVos’ nomination has yet to be schedule for consideration by the full Senate.

 

Administration Regulatory Reform Update

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Last week, White House Chief of Staff, Reince Preibus, issued a memorandum to all executive departments and agencies to freeze new or pending regulations — giving the new Administration time to review them, which is a common practice for any incoming administration.

For any regulations that have yet to be sent for publishing in the Federal Register, the memo asks the agency to not send any regulation to the Federal Register until reviewed by someone selected by the President.

The memo makes an exception for “critical health, safety, financial, or national security matters,” and asks agencies to identify any regulations that can’t be delayed for other reasons.

Recently issued research-centered regulations that could be impacted include:

  • federal policy for the protection of human subjects (Common Rule),
  • Department of Education’s final Rule on open licensing requirements for competitive grant programs, and
  • updates to the Uniform Guidance (including updates to the procurement rule and the micro-purchase threshold).

The Office of Federal Relations will continue to monitor actions coming from the Administration.

Federal Grant Update

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Some initial actions and comments from the incoming Trump Administration have prompted questions and concerns from faculty, researchers, and the media, regarding federal research. Particularly, questions have pertained to Environmental Protection Agency (EPA) grants.

Here is what we know:

  • It is not uncommon for incoming administrations to issue a hold on grants at the beginning of their tenure. The current hold is happening across all agencies, not only EPA. The hold is designed to be an inventory and understanding of what is currently in process at the agency.
  • This will not impact existing awards — they continue. If there are any changes, those changes would be in new awards and new policies. We are halfway through FY 2017, and items already awarded and obligated should expect to receive funds. RFPs not yet out, grants not yet obligated, and FY 2018 grants (because those funds have yet to be appropriated), could see changes.
  • The EPA “freeze” should be resolved by close of business Friday, Jan. 27, when the accounting by the transition team is expected to be completed.

The UW’s Office of Sponsored Programs has information about these issues, including recommendations of what to do with grants in various stages of the process, on its web page under “Announcements.” This page is being vetted through a set of strict criteria.

The Federal Relations team will continue to gather and share information as it becomes available.