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Shut Down Show Down?

Congress is back this week after a two week Passover/Easter Recess, and the first order of business is reaching some agreement to keep the government open beyond 12:01 am Saturday morning. Tensions over funding have risen during the recess as the Administration has begun a hard push for more defense money and a significant amount ($1.4 billion) to begin work on a wall along the Mexican border. Initially, OMB Director Mulvaney had insinuated that the lack of funding for the Administrations priorities (in both the FY2017 supplemental request and the FY2018 skinny budget) would result in a veto. In recent days, however, Administration officials generally have stopped short of insinuating the President would veto any FY2017 measure not including these funds.

Democrats in the House and Senate have been very vocal that including any funding for a border wall is a nonstarter. Mulvaney has suggested that a path forward with Democrats would be including funding for insurance subsidies under Obamacare that are used to reduce the cost of co-payments and deductibles, which is something the Trump Administration has vowed to cut.

Realistically, Republican leadership in the House and Senate know that no continuing resolution (CR) or omnibus for FY2017 can pass either body without some Democratic support. Bottom line: Democratic cooperation is needed in the Senate for any spending deal to pass because 60 votes are required to advance legislation and Republicans control only 52 seats.

As negotiations continue to drag on, the more likely a short term is likely to move, simply to give Congress more time to negotiate a broader package or figure out a resolution for FY2017.

Additionally, House Republicans are working with the White House to try to revive a replacement plan for Obamacare as negotiations continue on a compromise that might win a majority vote. However, Members return to Capitol Hill this week with no sign of an imminent deal that would overcome objections from both moderate and conservative camps,

What’s driving this push? The Trump Administration’s first 100 days in office winds up on Saturday. Traditionally, the first 100 days of a new administration is the most active and influential (CNN has a good overview). While the Trump Administration has not been as successful legislatively as it would have liked, there have been successes in rolling back Obama Administration regulations and confirming a Supreme Court nominee. That said, Trump Administration officials would like a big win prior to Saturday and pushing some version of Obamacare repeal and a FY2017 are the two options being pushed right now.

Meanwhile, the debt ceiling is likely to make a summer appearance. Technically, the federal government exceeded its spending authority on March 15th. The Treasury has been using so-called extraordinary measures to extend the government’s borrowing capacity for several more months. That capacity should last until “sometime this fall” before Congress would need to raise the debt limit again, according to an estimate from the Congressional Budget Office. Treasury Secretary Steve Mnuchin has privately accelerated the timeframe for Congress to address the issue and raise the debt ceiling to some time this summer. This move would coincide with tax reform provisions (or perhaps still Obamacare repeal) that Congress would consider.

Stay tuned.

 

Trump Signs “Buy American and Hire American” Executive Order

As promised, President Trump on Tuesday signed his “Buy American and Hire American” executive order, aimed partly at purported abuses in the H-1B visa program. The order reads, in part:

(a)  In order to advance the policy outlined in section 2(b) of this order, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, and consistent with applicable law, propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse.

(b)  In order to promote the proper functioning of the H-1B visa program, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.

The entirety of the executive order is available here.

Trump Expected to Sign “Buy American, Hire American” Executive Order Today

Today President Trump is expected to sign an executive order titled, “Buy American, Hire American,” which we anticipate will call for a review of the H-1B program by DHS, DOJ, Labor and Commerce. The order is expected to end the H-1B lottery in its current form to make the program merit-based.

Federal Relations will post more information on this as the White House makes it available.

OMB Director Mulvaney Pushing for Sanctuary City Language in FY2017

OMB Director Mick Mulvaney is pushing House lawmakers to include language in the FY2017 omnibus appropriations bill to restrict federal funding grants for cities that do not enforce federal immigration policies. The goal is to bring the House Freedom Caucus on board with a government funding bill.

Such a provision, known as a rider, would put the already delicate negotiations under further strain, as Congressional Republicans already struggle to deal with the Administration’s supplemental request to begin building a border wall. A rider prohibiting federal funds from going to sanctuary cities would guarantee zero Democratic support.  

Despite recent changes to the Senate rules regarding confirming Supreme Court Justices, the Senate will need 60 votes to move forward with any appropriations bill and Senate Republicans are only 52 votes. 

When Congress returns on April 25th from its two-week recess for Passover and Easter, it will have 4 legislative days to pass some vehicle (an omnibus or another CR) for FY2017 funding or risk a shutdown.

Stay tuned.

OMB Releases Memo Outlining Agency Cuts, Lifts Hiring Freeze

Today, the Office of Management and Budget (OMB) released a memo (M-17-22) to agency heads directing federal agencies to make deep personnel cuts over the next year. This memo replaces the Presidential Memo freezing hiring (M-17-17), which was signed by the President on January 25th, which instituted a hiring freeze across all federal agencies.

The OMB memo tells agencies to “begin taking immediate actions to achieve near-term workforce reductions.” The OMB memo instructs agencies to develop an initial high-level plan by June 30 to “maximize employee performance”, meaning take steps to reward employees deemed effective while working to improve or dismiss weak performers. The memo also calls on agencies to develop a plan to shrink personnel in an effort to accommodate long term budget reductions outlined in the skinny budget. The plan is due by September as part of the FY2019 internal budget submission. Specific cuts will be left up to agencies. It should be noted that many positions across the federal government, including many high-level agency positions, are open and unfilled. Many cuts could be realized by simply not filling those jobs.

Additionally, the memo says that agencies should strive to eliminate or merge programs that are duplicative as well as eliminate non-essential to the agency’s mission or are already carried out in some form by state and local government.

Finally, the memo does attempt to reduce federal reporting requirements requiring the OMB with other agencies will identify initial reporting activities that can be immediately stopped or modified to reduce reporting and compliance burden within 60 days.