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Tentative Budget Reconciliation Schedule

President Trump and GOP leadership are moving forward with their plan to advance their agenda through the budget reconciliation process. The tentative schedule of the process is as follows:

Week of Feb. 10: House Budget Committee approves a budget resolution, followed by a House floor vote

Week of Feb. 17: Senate vote-a-rama to adopt a budget resolution

A week to negotiate a bicameral resolution that serves as a compromise between the House and Senate plans

Feb 27: Final vote to adopt a concurrent budget resolution backed by Republicans in both chambers

By Easter (April 20): Pass a reconciliation package in the House floor

By Memorial Day: Final passage

The Trump Administration Begins

Donald Trump was officially sworn in as the 47th President of the United States on Monday, and quickly got to work, signing a flurry of Executive Orders, pardons, and personnel actions. Many of the most notable actions of his first 24 hours in office relate to immigration, the federal workforce, foreign relations, and those charged with crimes on January 6th, 2021.

One of the most controversial actions taken by Trump, and one that has already garnered legal pushback, is an order to narrow the constitutional definition of those eligible for birthright citizenship. For over a century, birthright citizenship has been considered guaranteed by the Fourteenth Amendment, ratified on July 9, 1868, which states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Under this new order, the Trump Administration seeks to deny the extension of citizenship to persons born in the United States “(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary…and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.” A coalition of more than twenty Democratic-led states, along with the city of San Francisco and the District of Columbia, filed a lawsuit in federal court in Boston on Tuesday, alleging that these efforts are unconstitutional.

This was far from the only immigration-related policy enacted during Trump’s first day in office. He also signed several orders seeking to increase border security, including declaring a national emergency, designating numerous cartels as foreign terrorist organizations, restricting funds from sanctuary cities, and reinstating the “Remain in Mexico” policy, among others.

Trump has also issued orders that make it easier to remove career civil servants from the federal government by reinstating “Schedule F,” which states that occupants of career/policy positions are “required to faithfully implement administration policies to the best of their ability, consistent with their constitutional oath and the vesting of executive authority solely in the President. Failure to do so is grounds for dismissal.”

In yet another controversial move, President Trump has issued a sweeping grant of clemency to all of the nearly 1,600 people charged in connection with the January 6th attack on the Capitol. Most of those affected by this order will be granted full pardons, effectively wiping all charges from their criminal record. In a separate move, Trump commuted the prison sentences of members of the Proud Boys and the Oath Keepers, many of whom were charged with seditious conspiracy. In total, the commutations erased more than 100 years of prison time for the 14 defendants.

Furthermore, among the slew of executive actions taken by President Trump on Monday and Tuesday include a number related to energy and power. Trump declared a national emergency designed to promote the development of energy resources and issued memorandums to restrict and review numerous wind-power projects throughout the country.

Finally, in foreign policy news, Trump issued orders withdrawing the United States from the World Health Organization (WHO) and the Paris Climate Accords. The order withdrawing from the WHO cites the organizations “mishandling” of the Covid-19 pandemic, and the unfair payments extracted from the United Staes as the motivation for leaving.

Many of these executive actions will face significant legal resistance in the coming weeks.

 

 

 

 

Government Shutdown Update

The three-month Continuing Resolution (CR) was unveiled late Tuesday. Early Wednesday were digested, the dynamics around the CR passing changed drastically last night. A government shutdown starting at midnight Saturday now a very real possibility.  While a shutdown is possible, it is important to keep in mind that only certain parts and functions of the federal government would be shut down and federal employees will be furloughed. Many parts of the academic research community will feel the impact of the shutdown.

A host of basic federal functions and services will be temporarily shut down, with federal employees furloughed.  For example, while National Parks may remain open (they have been closed during shutdowns), they will be devoid of staff and services.  Visa processing will cease and State Department employees in consulates overseas will not be able to do screening.

Many of the functions related to the federal research enterprise, such as the processing and reviewing of grant applications, will be temporarily unavailable. Significant portions of the funding agencies’ staff will be furloughed, and they will be legally prohibited from performing any of their duties, so all work products including emails, phone calls, etc. is prohibited.  Questions related to proposals, applications, and other issues will not be answered during the shutdown.

Activities deemed essential will continue, even during a shutdown.  Employees of the Transportation Security Administration (TSA) will continue to screen passengers at airports. Members of the military will continue to be on duty and serve, but those who manage shipbuilding will be furloughed.  The Social Security Administration will continue to process monthly checks to seniors.  However, none of these essential workers will be paid for their efforts during the shutdown.

Even at the agencies forced to shut down many of their functions, a number of employees and activities are classified as “essential” employees, meaning that they would still be working and functioning throughout the shutdown to maintain the agencies’ critical services.  In the academic context, examples include continuing to support labs with animal subjects.  Agencies prepare for shutdown scenarios and each agency updates its policies regarding employees and functions that are considered “essential.”  Each agency is prepared for this latest potential shutdown.

As a result of change in law after the last shutdown, each federal employee is guaranteed back-pay from their furlough.  Unfortunately, federal contractors have no such guarantee.

Please continue to check this space for updates.

Agreement Reached for FY24 Topline Spending Numbers

Over the weekend, Senate Majority Leader Chuck Schumer (D-NY) and Speaker Mike Johnson (R-LA) reached an agreement on FY24 topline spending which includes $886 billion in defense spending (3% increase over FY23) and $773 billion for discretionary funding (roughly the same as FY23).

There are two tight deadlines approaching: four of the twelve appropriations bills are funded through January 19 and the other eight are funded through February 2. There has been reports that Speaker Johnson could potentially agree to a short-term continuing resolution (CR) through March 1st so that the FY24 bills can be finalized. There is still a lot to be done, including writing the FY24 bills and working through disagreements on supplemental funding and other policy riders.

Read more about this here and here.

 

Congress Passes the FY24 NDAA

Both the Senate and the House have passed the FY24 NDAA this week, sending the package to President Biden. The National Defense Authorization Act (NDAA) sets the policy agenda and authorizes funding for the Department of Defense each year.

The final negotiated version of the FY24 NDAA authorizes $886 billion in national defense funding, an increase of $28 billion over last year, which includes both a 5.2% pay raise for military and $300 million for extended Ukraine Security Assistance (separate from the supplemental funding request), among other provisions. The legislation does not include two controversial provisions related to abortion and transgender health care access, which were included in the House version that passed this summer. Now that the NDAA is passed, the race is on to get the 12 appropriations bills passed before the short term continuing resolutions expire in January & February.

Read more about this here and here.