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Senate Subcommittee Passes FY16 Labor-H

The Senate Appropriations Labor, Health, Human Services, Education and Labor Subcommittee considered and passed their FY16 Labor-H bill today. While the Senate version has a higher discretionary amount than the House version, which will need to be worked out in conference.

Education Funding

The Committee bill provides funding to increase the maximum Pell Grant award from $5,775 in the 2015-16 school year to an estimated $5,915 for the 2016-17 school year. While the bill maintains $22.5 billion in discretionary spending for Pell Grants in fiscal year 2016, it would rescind $300 million in funds that the Congressional Budget Office estimates will be needed to support the program next year.  The bill also cuts $29 million from Supplemental Education Opportunity Grants and $40 million from Federal Work Study.  All three programs help low- and moderate-income college students and their families cover the many costs of higher education.

Similarly to the House version, the Senate includes several policy riders to address and curtail administrative actions taken by the Department of Education (ED).  The bill includes a new provision prohibiting the ED from moving forward with several new regulations expanding the Federal government’s role in higher education, until Congress has an opportunity to weigh in through the authorization process, as appropriate. Specifically, the bill prohibits the Department from moving forward with regulations or policies to develop or implement a college ratings system, define gainful employment, establish requirements for the State authorization of higher education programs, define credit hour, and establish a new accountability framework for teacher preparation programs.

Health Funding

The bill funds the Department of Health and Human Services at $70.4 billion, a $646 million decrease from FY2015. Further, the bill eliminates Affordable Care Act (ACA) funding and includes several provisions prohibiting any funds from being transferred to specific ACA activities that were never intended to be supported with discretionary funds prevent the administration from diverting funds away from core CMS activities.  In addition, several oversight provisions are included in the bill:

  • Risk Corridor – Bill language is included requiring the administration to operate the Risk Corridor program in a budget neutral manner by prohibiting any funds from the Labor-HHS-Education appropriations bill from being used as payments for the Risk Corridor program.
  • State-Based Exchanges – With the increasing number of State-Based Exchanges failing due to lack of revenue, the bill includes new language preventing the administration from using discretionary funds to pay for operational costs for these Exchanges.
  • Health Exchange Transparency – Bill language is included requiring the administration to publish ACA-related spending by category since the Act’s inception.
  • ACA Personnel – Bill language is included requiring the administration to publish information on the number of employees, contractors, and activities involved in implementing, administering, or enforcing provisions of the ACA.

National Institutes of Health (NIH) – $32 billion, an increase of $2 billion above FY2015.  This is the largest increase the NIH has received since its doubling ended in 2013.

  • $200 million for Precision Medicine;
  • $350 million increase for the National Institute on Aging, the lead Institute researching Alzheimer’s disease;
  • $135 million, an increase of $70 million, for the BRAIN Initiative to map the human brain;
  • $461 million, an increase of $100 million, to Combat Antibiotic Resistance;
  • $300 million, an increase of $26.7 million, for the Institutional Development Award;
  • and increases to every Institute and Center to continue investments in innovative research that will advance fundamental knowledge and speed the development of new therapies, diagnostics, and preventive measures to improve the health of all Americans.

Other Provisions

Corporation for Public Broadcasting (CPB).  The bill fails to provide a requested increase of $40 million for fiscal year 2016 to support the costs associated with replacing CPB’s interconnections system.  To cover these costs, the bill would allow CPB to make cuts to its support for local television and radio stations.

Social Security Administration (SSA).  The bill cuts SSA by $185 million, or roughly two percent, affecting the 50 million Americans who currently receive retirement and survivor benefits from Social Security, as well as the millions more who become eligible this year.  On an average work day in fiscal year 2016, SSA predicts it will process about 22,000 applications for retirement and survivor benefits, a 29 percent increase since fiscal year 2008.  At this bill’s funding level, SSA would need to reduce staff, office hours, planned information technology investments and curtail planned improvements to customer service and program integrity.  This reduction could result in a furlough of up to two weeks for SSA staff.

Federal Relations will continue to track the legislation and provide updates as text and report become available.

Senate HELP Looks at Accreditation

The Senate HELP Committee is holding a hearing today on accreditation’s role in ensuring quality and how that  fits into the reauthorization of the Higher Education Act. The committee will hear from Peter Ewell, vice president of the National Center for Higher Education Management Systems, Thomas Edison State College President George Pruitt, and Albert Gray, president and CEO of the Accrediting Council for Independent Colleges and School, and American Council of Trustees and Alumni Anne Neal.

Watch the hearing and find the written testimony here.

This hearing will be part of a series of hearing related to the reauthorization of the Higher Education Act.

 

House Appropriators Releases FY16 Labor-H

House Appropriations Committee Republicans released their draft FY16 Labor, Health and Human Services, Education, and Labor (Labor-H) spending plan earlier today, and Democrats are already protesting the proposal and calling for an end to the budget caps. The House Appropriations Labor-H Subcommittee is expected to consider and pass the measure tomorrow.

The Labor-H bill may be the one of the most delicate and contentious appropriations bills considered by the House and the Senate this year because of the hot-button, politically-contentious policies, and well-known agencies funded through the bill. For context, the bill funds a diverse amount of well-known agencies, including :

  • National Institutes of Health
  • Centers for Disease Control
  • Centers for Medicare and Medicaid
  • Department of Education
  • National Labor Relations Board
  • Corporation for Public Broadcasting

Despite the Congressional Republicans’ goal of moving all 12 appropriations measures this year, there are strong doubts that even GOP control of both chambers can get Congress back in the habit of considering it beyond an omnibus spending package. To wit, neither the House or Senate released a draft Labor-H bill in FY2015, and only the Senate acted in FY2014. The bill contains programs on health spending, including Obamacare policy riders, education spending, including student loan provisions and riders, Department of Labor programs and the Corporation for Public Broadcasting.

Overall

The draft bill would provide a total of $153 billion in new discretionary funding, $3.7 billion less than the current level and $14.6 billion less than the President’s Budget Request. It would provide $31.2 billion for the National Institutes of Health (NIH), an increase of $1.1 billion from the current level and $100 million more than the President sought. Lawmakers in both parties have expressed a desire to boost funding for NIH, but they are limited by laws that keep overall FY16 discretionary funding at 2015 enacted levels.

Health-Related Funding

Within the NIH funding, the legislation includes $165 million to support activities for the National Children’s Study, $480.6 million for Clinical and Translational Sciences Awards, and $311.8 million for Institutional Development Awards (IDeA) programs.  

The bill also provides increases for several targeted research initiatives, including $886 million, a $300 million increase, for an Alzheimer’s disease research initiative; $461 million, a $100 million increase, for an antibiotic resistance initiative; $150 million, a $95 million increase, for the Brain Research through Application of Innovative Neuro-technologies (BRAIN) initiative; and the full $200 million requested for the Precision Medicine Initiative (PMI).

The Centers for Disease Control (CDC), which has been at the forefront of efforts to contain the Ebola virus in Africa and keep Americans from abusing narcotics including painkillers, would get $7 billion. That’s a $140 million increase from the current year and equal to the President’s Budget Request. This includes $70 million to combat prescription drug abuse, an increase of $50 million from the current level. While we do not yet know how much funding is included for specific programs – like the Education Research Centers, Agriculture and Fishery Centers, and Health Prevention Research Centers – the House bill does include $341.1 million for NIOSH, which is about $6.2 million more than was included in the FY2015 omnibus.

Beyond the bipartisan increases for CDC and NIH, the draft bill contains provisions that are sure to induce partisan debates. The Labor Department would get $11.7 billion, $206 million less than current funding and $1.4 billion less than Obama requested. The Education Department would get $64.4 billion, $2.8 billion less than current funding and $6.4 billion less than requested.

Also on the ‘bad news’ front, the proposal would terminate the Agency for Healthcare Research and Quality (AHRQ). The bill also includes several policy provisions, including prohibitions on the Department of Education from moving forward with regulations to establish a college ratings system, place new requirements on teacher preparation, define “gainful employment” and “credit hour,” and dictate how states must license institutions of higher education.

Policy riders include a provision ensuring any new HHS Dietary Guidelines focus only on food and nutrients and have a sound scientific evidence base and several provisions to protect life, including continuations of all longstanding restrictions on abortion funding that have been included in the legislation in prior years. The legislation also includes the text of Congresswoman Diane Black’s (R-TN) HR 940, the Health Care Conscience Rights Act.

Education-Related Funding 

House Approriators allocated $64.4 billion in discretionary funds for the Education Department, about $6.4 billion below the Administration’s request.The bill eliminates 19 duplicative, ineffective or unauthorized education programs and cuts several other “lower-priority” programs.

For elementary education, the measure would fund grants for states to support children with special needs, known as the Individuals with Disabilities Education Act (IDEA), at $12 billion, about $500 million more than the 2015 level and $1 billion greater than the President’s request. Funding for Head Start would increase by roughly $300 million to $8.8 billion. The President requested an additional $1.5 billion for Head Start programs to lengthen both the school day and school year. The program currently receives $8.5 billion, which appropriators boosted significantly after they took heat because of slots lost in the program during the sequester, forcing some facilities to shut their doors during the Fall 2013 government shutdown.

In the higher education realm, appropriators proposed raising the maximum Pell Grant award by $85 to $5,915 though a combination of mandatory ($1,055) and discretionary funds ($4,860). Perkins was provided $1.7 billion total, an increase of $600 million, the program has remained at $1.117 billion since FY 2014.

funding. Most interestingly for higher education, there are a number of potentially contentions policy riders which prevent the Education Department from moving forward with regulations to establish the Administration’s college rating system (Postsecondary Institution Ratings System), place new requirements on teacher preparation, change the definitions of gainful employment and credit hour, and tell states how to license institutions of higher education.

Other Provisions

The bill provides an advance appropriation of $445 million for Corporation for Public Broadcasting for fiscal year 2018, which is the same level of advance funding provided in the fiscal year 2015 enacted level and the budget request.

The bill includes $200 million for the National Labor Relations Board – a decrease of $74.2 million (27 percent) below last year’s level and $78 million (28 percent) below the President’s budget request.

Going Forward

The House Appropriations on has not yet scheduled a full committee markup on this proposal nor is it clear when the measure will be considered on the House floor, but that should happen sometime in the next week or two. There are sure to be a lot of amendments debated during the process. We will continue to update this information as the bill advances – but we are still a long way from the finish line on this one.

Read the press release here. 

Read the text of the bill here.

 

 

 

Alexander and Murray Release HEA Working Groups

Today, HELP Chairman Lamar Alexander (R-TN) and Ranking Member Patty Murray (D-WA) announced several bipartisan, full committee staff working groups to address four major issues related to the reauthorization of the Higher Education Act.

The working groups will examine the following topics:

  • Accountability
  • Accreditation
  • College Affordability and Financial Aid
  • Campus Sexual Assault and Safety

Senators Alexander and Murray are developing a bipartisan committee process to work towards the ninth reauthorization of the Higher Education Act (HEA). These working groups, with public meetings, are a series of hearings. Thus far, the HELP Committee has held three hearings and will hold additional hearings to inform their process as they work to produce legislation in committee this fall.

The bipartisan staff meetings are open to all members of the Senate education committee.

House Budget Bill — Update

After a marathon markup that ran late into the evening, the House Republicans passed the bill out of the Budget Committee along a party line vote this morning. Late last night, the House Republican caucus seemed sharply divided between defense hawks and those committed to cutting spending.

According to an analysis from the Committee for Education Funding, the House Republicans’ proposed 2016 budget would make cuts to student aid that are deeper than meets the eye and would hurt funding for major education programs. The budget would eliminate expansions to the income-based repayment program, public sector loan forgiveness and in-school interest subsidies for undergraduate Stafford loans. The three changes, in addition to cuts to the Pell Grant program, would add up to tens of billions of dollars in federal savings.

The House budget also plans changes to non-defense discretionary spending in future years that will squeeze other education programs, which will more than likley lead to cuts to Head Start, Title I, IDEA and other programs.