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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.

Leadership announced for 112th Congress

Congress completed their leadership elections last week, which will take effect in January at the beginning of the 112th Congress.

In the House

Speaker of the House: John Boehner (R-OH)
Majority Leader: Eric Cantor (R-VA)
Minority Leader: Nancy Pelosi (D-CA)
Majority Whip: Kevin McCarthy (R-CA)
Minority Whip: Steny Hoyer (D-MD)

In the Senate (no changes from current congress)

Majority Leader: Harry Reid (D-NV)
Minority Leader: Mitch McConnell (R-KY)
Majority Whip: Richard Durbin (D-IL)
Minority Whip: Jon Kyl (R-AZ)

Committees

Senate Budget Committee Chairman: Kent Conrad (D-ND)
Ranking Member, House Budget Committee: Chris Van Hollen (D-MD)

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.

Letter to Congress Asks for Increased Spending for NIH

The Ad-Hoc Group for Medical Research, in collaboration with the Association of American Universities (AAU) drafted a letter to congress, urging them to provide NIH with the proposed $1 billion dollar increase in the Labor-HHS-Education spending bill. The increase was proposed by the administration and supported by both the House and Senate Labor-HHS-Ed subcommittees. The letter will be submitted shortly after the November elections and before both spending bills go before the full House and Senate.

DREAM Act Future Uncertain

The DREAM Act, which would provide a pathway to citizenship for children of undocumented immigrants who attend college or the military and was rolled into the Senate’s defense authorization bill, failed to pass a crucial vote yesterday.  Requiring 60 votes to pass, the motion failed by a vote of 56 to 43.   Because the motion did not pass, the Senate will not be debating the defense bill in the immediate future, which means that amendments such as the DREAM Act, will not be considered either.

It appears that the defense authorization bill did not pass solely because of the language of the bill but because Majority Leader Harry Reid limited amendments by Republicans which resulted in some moderate Republicans refusing to support the bill due to what they deemed an unfair voting process. Still, the chance that this bill will be reconsidered soon is very small and it’s future will be very much dependent on the outcome of the November elections.