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Congress Talks CR, Appropriations, and Sequester

FY 2013 Continuing Resolution:  Several Republican lawmakers are advocating for an early vote on a stopgap spending bill for FY 2013 that would keep the government running into early next year, leaving contentious funding decisions for the next Congress. Most believe they are betting that they’ll have more power next year – possible control of the Senate and the White House – and will be in a better position to force deeper spending cuts. In a letter circulated by Senator Jim DeMint (R-SC), and signed by 20 members of the House and Senate, lawmakers said they would try before the August recess to clear a continuing resolution (CR) at a “fiscally responsible” level that would avert a new standoff over a potential government shutdown in the fall. Conservatives may support at CR at roughly the current annual spending level of $1.043 trillion if it extended into the next session of Congress, offering a temporary cease fire in the House GOP’s current efforts to cut $15 billion from discretionary spending through the FY 2013 appropriations process.  Regardless of this new effort, no decisions are likely before September. Few Democrats are likely to back a CR that extends beyond December. You can read the Republicans letter here.

L-HHS-ED Appropriations:  On Wednesday, the House L-HHS-ED Appropriations Subcommittee approved their FY 2013 draft spending bill mostly along party lines 8-6. The bill would provide a total of $150 billion in discretionary funding, which is $6.3 billion below FY 2012 levels and $8.8 billion less the President’s request. Much of the House panel’s debate centered on the bill’s health provisions and primarily on GOP efforts to repeal the Affordable Care Act, but Democrat’s efforts to restore that funding fell short. Congressman Norm Dicks (D-WA) also offered an amendment that would have removed GOP-supported language that would rescind funding for the Corporation for Public Broadcasting and National Public Radio.   

Sequester:  Also on Wednesday, House lawmakers approved legislation that would force the Administration to detail how automatic budget cuts due early next year would be implemented. The bill (HR 5872) would require the White House to produce a report within 30 days explaining how the $109 billion in cuts scheduled to take effect January 2, 2013 would affect both domestic and defense programs. The Senate passed similar legislation in June, but that plan calls for more detailed reports from the Defense Department, the Office of Management and Budget, and the White House on the cuts. It’s unclear how the issue will be resolved between the House and Senate bills.  The Senate could back the House bill, but it’s unclear if Democrats leaders, who pushed for the version that requires more detail about the impact on domestic cuts, will allow it to come up. Lawmakers would prefer to have a deal in place before the August recess, so they can have the information when they return in September to argue for averting the sequester.

House L-HHS-Ed Mark Up

The House is likely to mark up their Labor-HHS-Education appropriations bill on July 18, although no official announcement has been made. The $150 billion bill is the only one of the 12 annual spending bills not yet approved by House appropriators. At $150 billion, the measure would be about $7 billion below current spending.

The Aftermath…

Both the House and Senate are in recess this week for the Fourth of July holiday.  Late last week, both chambers demonstrated that they can advance legislation by reauthorizing federal highway and transit programs for two years and preventing Stafford student loan interest rate increases.  Also last week, the Supreme Court upheld the Affordable Care Act (ACA). Republicans vow to continue to cut or restrict funds to implement the Act, and Democrats encouraged states to move forward on implantation. While some features of the ACA have already been adopted – no denying coverage for pre-existing conditions and adult children can remain on their parents’ plans until the age of 26 – the main feature that mandates that all Americans must purchase some form of health coverage takes effect in 2014.

But the BIG news from last week is the major storm that hit the DC area late Friday night. Winds reached 80 MPH with intense thunder and lightning, leaving massive power outages and other storm damage throughout the region – mostly downed trees and power lines. Hundreds of traffic lights are still out and a half-million homes are still without power with outages expected to continue in some areas through the end of the week. This might not be so bad if the temperature wasn’t expected to be in the 90s all week!  Federal workers have the option to take unscheduled leave due to this mess, but if I were without power I would make my way into my air conditioned office post haste!

You’ll be happy to know that the dedicated Office of Federal Relations Team made it through the storm unscathed – all our homes had power over the weekend – and we all made our way into the office this morning. Happy Monday!

Student Loans and Transportation Research

The House and Senate both will take action today on the conference agreement to HR 4348, the Moving Ahead for Progress in the 21st Century Act (MAP-21). The agreement reauthorizes federal highway, transit, and other surface transportation programs through September 30, 2014, at current funding levels with inflationary increases for certain programs. It consolidates or eliminates dozens of programs, and streamlines environmental reviews of proposed projects to more quickly begin construction. The measure also extends for an additional year the 3.4 percent interest rate for new federally subsidized student loans (Stafford Loans), and it overhauls the federal flood insurance program to help make it actuarially sound. To cover Highway Trust Fund shortfalls, the measure transfers $21.2 billion in general fund and other monies, and offsets the costs of those transfers through changes to pension law and other provisions. The measure does not include controversial House GOP-supported provisions that would have approved the Keystone XL pipeline, or shifted regulation of coal ash from EPA to the states.

MAP-21 includes language reauthorizing the University Transportation Centers (UTCs), which conduct transportation and transit related research as well as developing the future workforce in these fields.  UW operates the UTC for USDOT Region X.  We successfully retained language in the final bills to reauthorize Regional UTCs, which were under threat of elimination in earlier iterations of the bill. Specifically, HR 4348:

  • Authorizes 5 National Centers at $3 million each; 10 Regional Centers at $2.75 million each; and 20 Tier 1 Centers at $1.5 million each.
  • Requires Tier 1 Centers to have a 50 percent match and all other Centers a 100 percent match.
  • Requires one of the regional centers to focus on “comprehensive safety” as their main research issue.
  • Requires USDOT to establish a competitive recompletion for all Centers at the same time and no later than 1 year from enactment. 

The Office of Federal Relations is discouraged to see that everyone will need to re-complete within a year as they just went through this process last fall.  And, the overall authorization is only for two years, so all of this will come up again before we know it, and may require Centers to re-compete again.

Deal Reached on Student Loans

On Tuesday, Senate leaders announced that they reached a deal to prevent student loan interest rates from doubling from 3.4 percent to 6.8 percent, but they are still determining whether to attach that “deal” to a measure that would reauthorize highway programs, which is still being negotiated. Congress must take action on both issues – student loan interest rates and highway programs – before June 30th.

The agreement reached yesterday would use two pension-related maneuvers to offset the cost of the student loan bill, as well as a Republican proposal to reduce the amount of time that students are eligible for an in-school interest subsidy. The idea to change this eligibility had been included in the President’s FY 2013 budget request, with direction that the savings would be used to shore up a shortfall in Pell grants, a federal student aid program for low- to middle-income students.

The Office of Federal Relations is monitoring this closely as we are concerned that by taking this offset off the table, the Pell Grant program may experience a funding shortfall sooner than anticipated. It could also stymie Senate efforts to increase the annual Pell Grant award from $5,550 up to $5,635.