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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.

Senate may take action on the DREAM Act

After reporting on this site yesterday that the DREAM Act was all but dead for this year, the Senate Majority Leader announced that they will try to pass this measure that would grant citizenship to young adults in the country illegally.  Senate leadership hopes to attach the DREAM Act to the FY11 defense authorization bill, which is expected to be brought to the Senate floor next week.  The DREAM Act is largely a bipartisan, politically popular bill that would allow young illegal immigrants who graduate from US high schools and who were brought to the country as minors to attain citizenship if they go to college or serve in the military for at least two years.  Advocates see the DREAM Act as a key step in achieving reform that would enable an estimated 11 million illegal immigrants to gain citizenship.  Both Senators Murray and Cantwell (D-WA) have been sponsors of the DREAM Act and will likely support this effort.

Congress Comes Back to Work

Congress returns to work this week for a final few weeks of work before the November elections.  While there is plenty of legislating to do, I don’t expect that we’ll see much action with most major issues being delayed until the post-election lame-duck session.  The only thing that Congress MUST act on before October 1st is to pass a continuing resolution (CR) to fund government for the next couple of months.  Appropriators are now working on the CR, which could run until the middle of next month or after Thanksgiving.  A second CR may also be needed to buy time as lawmakers work to clear the spending package before the end of the year.

Appropriations

No separate floor action on additional FY11 appropriations bills is currently expected in either the House or Senate, but the Senate may try to complete committee action on their three remaining bills:  Defense, Interior, and Legislative Branch.  All 12 of the House spending bills have been approved by subcommittee, with MilCon-VA and Transportation-HUD also receiving full committee approval.  

Small-Business Aid

The first priority for the Senate appears to be to pass the small-business lending bill.  The bill (HR 5297) would establish a $30 billion lending fund for small businesses, provide $12 billion in tax breaks, and enhance federal programs that support small businesses.  After the Senate passes the bill, the measure will go back to the House for consideration.  The version passed earlier by that chamber includes a smaller tax package, and thus fewer revenue-raising offsets.

Tax Cuts

Extension of the Bush tax cuts is the only other major budget-related legislation that may be considered in the next few weeks.  Senate leadership has indicated their desire to move on extending the 2001 and 2003 tax cuts for the middle class before the Senate adjourns for October but it may be difficult to get enough votes for that proposal.  This mirrors the President’s proposal to allow the tax cuts for individuals making more than $200,000 and families making more than $250,000 a year to expire.  Others believe that all rates to be extended thus preventing any tax increases during these tough economic times.

Climate Change & Energy

The Senate has dropped plans to consider energy or climate legislation before November.  Senate leadership has indicated that they would like to take up in the lame-duck session either all or a portion of an oil spill and energy bill.

Immigration

There is almost no chance Congress will act on any legislation to assist the illegal immigrant population this year, but congressional aides expect lawmakers to at least talk about the issue over the next several weeks.  There is some pressure on the Senate to take action on a bill that allows children of illegal immigrants who go to college to earn citizenship (the DREAM Act) but it is still unlikely that this measure will move before November – at the earliest.  

Stem Cells

Thanks to a federal court’s decision last week to temporarily lift a judge’s ban on embryonic stem cell funding, a House vote on the volatile issue of government funding for stem cell research might be put off until after the midterm election.

FY10 Supplemental Bill

House Democrats intend to bring a scaled back version of the FY10 supplemental spending bill to the floor by the end of this week, with aid to school districts to prevent teacher layoffs reduced from $23 billion to $10 billion.  The teacher funding is intended to help prevent layoffs for 140,000 school employees next year.  The latest draft also includes funding for Pell Grants to address an unanticipated current year shortfall but the amount was reduced to $4.95 billion from $5.7 billion in this latest version.  The Senate version of the bill does not including funding for K-12 teachers or for Pell Grants.

FY11 Appropriations Update

On Tuesday, the House Appropriations Subcommittee on Justice-Science approved its FY11 draft bill, which would provide $60.5 billion in discretionary spending.  The draft measure would provide $3.9 billion (6 percent) less than 2010 levels, mostly because of the significant increase provided last year to perform the census, and just $2.7 million less than President Obama requested.  House Appropriations Chairman David Obey (D-WI) has said that discretionary spending in all of this year’s House appropriations bills, except for Homeland Security, will fall below the president’s request.  The draft bill would, however, provide a healthy boost for most of the agencies and programs under the Commerce Department, including $5.5 billion in discretionary funding for the National Oceanic and Atmospheric Administration (NOAA) representing a 17 percent increase above FY10 levels.  The bill funds the Administration’s request for $26.4 billion for science programs, including $7.4 billion for the National Science Foundation (NSF).

Two additional markups are scheduled for today in the House:  Agriculture and State-Foreign Operations.