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Snow Day!

SNOW DAY!

Capitol Dome in Snow, Architect of the Capitol

The federal government is closed today as DC deals with a storm that has impacted the east coast from Atlanta to Boston. Winter storm warnings were in effect for 17 states, and the District remains under a warning until noon today. The Washington, DC metro area is expected to enjoy a balmy 32 degree high and snow totals ranging from 4 to 10 inches. Most neighborhoods within the beltway experienced 4 to 6 inches.

The House and Senate are in recess this week for President’s Day, so no action is expected on the Hill.  Normal business for federal agencies is expected to resume tomorrow as the District shovels out today.

Expect immigration and the Obama Executive Order to be a hot topic in the next few weeks. Last night, federal Texas judge Judge Andrew Hanen, a George W. Bush appointee, blocked the controversial Executive Order. Judge Hanen said there was sufficient merit to the case to suspend the actions while the case goes forward. The Administration is expected to appeal the ruling. Read more at the AP.

Senate Fails to Pass Homeland Security Spending Bill

The Senate failed to evoke cloture and pass the Department of Homeland Security spending bill for FY15. In an ironic twist, Senate Democrats used procedural maneuvers they so railed against in previous congressed to block the measure from moving forward. The 46 Senate Democrats banded together to block the bill from coming to the Senate floor for consideration. To consider the measure by the Senate 60 votes are needed, and the measure failed by a vote of 51-46.

The House passed the $39.7 billion measure (HR 240) earlier this year to fund the Department of Homeland Security. The House measure also contained several controversial provisions to block the Administration’s new immigration policy announced in November 2014.

Senate Majority Leader Mitch McConnell (R-KY) is expected to try and bring the bill up again later this week. However, there is no clear path forward to funding the Department of Homeland Security for FY15 and addressing the Executive Order which Republicans see as a gross overstep of Executive Power. Republicans see combing the two as the best path forward, while Senate Democrats are insisting they will only pass a clean appropriations bill.

 

Senate Introduces Two Immigration Bills

Two bills focusing on immigration were introduced today in the Senate, the Startup Act and the I-Squared bill. Both are designed to address STEM and high tech needs to encourage high-skilled immigrants remain in the US.

The Start Up Act

Senators Jerry Moran (R-KS) and Mark Warner (D-VA) reintroduced the Startup Act today. The bill, which has been introduced three times before, is a high-skilled immigration plan that aims to encourage startup growth through a series of tax and immigration policy changes. Among other things, the legislation includes STEM visas for US-educated foreign students, makes permanent an exemption of capital gains taxes on the sale of certain startup stock, and eliminates the per-country caps for employment-based immigration visas.

Read more about the legislation here.

I-Squared

A bipartisan group of Senators on January 13 introduced legislation aimed at expanding the ability of high-skilled workers to live and work in the United States. The Immigration Innovation (“I-Squared”) Act of 2015 would increase the number of employment-based nonimmigrant (H-1B) visas and broaden access to green cards for high-skilled workers by expanding exemptions and eliminating the annual per-country limits.

The I-Squared Act includes the following provisions of specific interest to universities:

— Uncapping the existing U.S. advanced degree exemption for H-1B visas (currently limited to 20,000 per year);

— Allowing dual intent for foreign students at U.S. colleges and universities;

— Exempting U.S. STEM advanced degree holders and outstanding professors and researchers from the employment-based green card cap (note: I-Squared uses the Department of Homeland Security definition of qualified STEM fields); and

— Reforming fees on H-1B visas and employment-based green cards and directing the revenue to fund a grant program to promote STEM education and worker retraining to be administered by the states.

 

The Office of Federal Relations will continue to monitor these and other bills related to high-skilled immigration efforts throughout the 114th Congress.

 

House Passes DHS Appropriations and Raises Immigration Stakes

The House adjourned yesterday for the annual Republican retreat. But before they left, the House took steps to block major provisions of the president’s immigration policy announced in November of 2014. As an amendment to legislation funding the Department of Homeland Security (DHS) for FY15, the House passed a series of amendments effectively blocking Obama’s executive action to shield millions of undocumented immigrants from deportation.

The underlying DHS funding bill passed by a vote of 236-191. The House also voted on a series of amendments meant to roll back Obama’s executive actions on immigration, including a controversial measure by Rep. Marsha Blackburn (R-TN) that would kill the 2012 Deferred Action for Childhood Arrivals program. That amendment narrowly passed by a vote of 218-209.

At the conclusion of the 113th Congress, the House and Senate passed all FY15 appropriations bills but for the FY15 DHS appropriations bill in an effort to neutralize the President’s Executive Order. The FY15 DHS appropriations were put on a continuing resolution until February 28, 2015. The decision to not fully fund DHS is due in large part to the House attempted to respond in 2014, but the effort was not taken up by the Senate.

Earlier in the week, the White House had threatened to veto any legislation which negated his immigration policy, but the White House seems open to including some symbolic GOP immigration measure – although it’s unclear just how much they are willing to give.

Without new funding for the DHS, agencies such as FEMA would be prevented from distributing emergency grants to state and local governments in need in the case of a local, regional, or national disaster.

The package as passed by the House is unlikely to be taken up by the now Republican-controlled Senate. It is highly unlikely that the bill will get the 60 votes needed for cloture since the Republicans do not have a cloture-proof majority. The Senate Republicans are currently working on alternatives.

The Office of Federal Relations will continue to track this issue as it evolves.

 

FY15 Appropriations Released

Last night, House and Senate Appropriators unveiled a $1.1 trillion spending package that is a combination of all but one of the Fiscal Year 2015 (FY15) appropriations bills rolled into an omnibus for the remainder for FY15, plus a continuing resolution (CR) funding the Department of Homeland Security through February 2015. The FY15 appropriations package, dubbed the “Cromnibus,” would provide new funding for all government agencies and programs, except the Department of Homeland Security, and is designed to gain bipartisan support and avert both a government shut down or another continuing resolution, as was seen in FY 2014. The current CR runs through tomorrow (December 11, 2014). 

The deal is a victory for appropriators, who have insisted that spending caps set under the 2013 budget agreement would allow them to move most of the annual measures for FY15. The Homeland Security stopgap portion is an effort by Republicans leaders to force a showdown with the White House on immigration in the new Congress, when Republicans will control both chambers of Congress.

The Cromnibus will move as HR 83, a previously considered piece of energy legislation. By using a previously considered bill, House and Senate leadership is trying to overcome Senate procedural hurdles so that measure could be cleared as early as Friday. Regardless, with the current stopgap funding expiring on tomorrow, the House will likely pass a two- or three-day CR to guarantee there is no shutdown before the Senate takes action and sends the “cromnibus” to the President.

For domestic agencies, flat funding is the norm, with some spending tradeoffs made to build political support. For example, the bill’s education programs are almost level funded at $70.5 billion, only $100 million less than last year. Democrats, however, will be pleased with level funding of $8.5 billion for Head Start and $22.5 billion for Pell grants, an amount that would raise the maximum grant award by $100 to $5,830.

Overall, Appropriators said the entire Labor-HHS-Education section of the spending bill would contain $156.8 billion in discretionary money, roughly the same level enacted last year. The title is always among the most contentious of the annual spending bills because of the wide reach of the programs under its jurisdiction and has become even more of a lightning rod since passage of the health care overhaul in 2010.

Additionally, the bill would provide $100 million, a $1.6 million increase, for the Office of Civil Rights, which is responsible for investigating Title IX complaints of inappropriate campus response to sexual violence. Moreover, the Student Aid Administration received a $230 million increase from last year to $1.4 billion with part of that funding going to increased enforcement and data collection under the Clery Act. The Committee commended the Education Department for its emphasis on campus sexual assault prevention.

The Defense Department, however, would see its base budget rise $3.3 billion over current funding to $490.2 billion, an amount still $500 million less than what was requested by the Pentagon.

Of note in the Cromnibus:

  • National Institutes of Health received $30.1 billion, which is $150 million more than FY14.
  • National Science Foundation received $7.34 billion, which is $172.3 million above the 2014 enacted level. NSF’s MREFC received $200.8 million.
  • The Department of Education was cut by $166 million overall. Pell grants, however, received a net increase for ED of $137 million increasing the maximum award to $5,830. Federal Work Study received an increase of $15 million. The Student Aid Administration received an increase of $230.924 million. Race to the Top was eliminated.
  • National Aeronautics and Space Administration (NASA) received $18.01 billion for which is $363.7 million more than the 2014 enacted level.
  • National Oceanic and Atmospheric Administration (NOAA) received $5.4 billion, which is $126.4 million more than the 2014 enacted level.  Big winners at NOAA were Weather, which received $90.8M, which is $9.6M above the FY14 enacted level. Climate accounts remained relatively level with previous funding. Sea Grant received level funding of $62 million. NOAA Cooperative Labs and Institutes received $60 million, which is level funding. The bill provides $60 for Climate Competitive Research, Sustained Observations and Regional Information, the same as the FY14; $38M for Regional Climate Data and Information; $8.5M for Integrated Ocean Acidification, which is $1.5M above the FY14 enacted level; $41.3 for Sustained ocean observations and monitoring, which is comparable to the FY14 enacted level
  • National Weather Service operations received $954.2 million for, which is $526,000 above the 2014 enacted level.
  • The US Geological Survey received $5 million in additional funding Early Earthquake Warning funding on the Pacific Coast.
  • The Department of Defense’s S&T programs generally enjoyed increases in funding (6.1: $2.279 billion (+$112 million over FY14); 6.2: $4.605 billion (-$38 million below FY14);  6.3: $5.530 billion ($155 million above FY14)

The House is expected to pass the measure on Thursday and send to the Senate. The Senate is expected to pass it Thursday or Friday. The President is expected to sign it into law Friday.

Federal Relations will continue to update information on the Cromnibus as it move through the Congress and becomes law.