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Fiscal Cliff Update

The Senate reconvenes today and will make a last attempt to legislate before large automatic tax increases and spending cuts take effect on January 1st. The House is scheduled to meet only in a pro forma session after Republican leaders said the Senate would need to act first to produce a legislative solution after their own “Plan B” effort fell apart last week. House GOP leaders have promised to give members 48-hours notice before calling them back to the Capitol. As of this morning, that notice has not yet been given and the “fiscal cliff” countdown clock continues to wind down.

Most congressional leaders have signaled a strong desire to pass some sort of fiscal package before New Year’s Day. However, what sort of legislation could move quickly through the Republican House and Democratic Senate remains uncertain. President Obama is pushing for a less ambitious package that extends tax cuts on household income below $250,000, continues unemployment benefits, and delays the across-the-board spending reductions or sequestration. There is still time to get this done if the Senate can act quickly.

Another wrinkle appeared yesterday when Treasury Secretary Timothy Geithner sent an open letter to Congress noting that the national debt limit would be hit on December 31st. While the letter indicated that the Treasury could pursue “extraordinary measures” to postpone the impact of reaching the limit, it also cited the looming fiscal cliff for some uncertainty, saying “Given the significant uncertainty that now exists with regard to unresolved tax and spending policies for 2013, it is not possible to predict the effective duration of these measures.”

Finally, the White House issued guidance last week to federal agencies on how to handle sequestration if Congress fails to act by the end-of-year deadline. This is significant as it signaled a decision on the White House’s part to publicly prepare for sequestration, which they have avoided doing in the past. Of note in the guidance is that the implementation of sequestration would not result in a government shutdown, but rather a gradual reduction in spending that would begin to be felt in the early months of 2013 if a solution is not identified shortly after the New Year.

Everything is still very uncertain at this point.  We will continue to monitor the situation closely and report as new information becomes available.

Committee Assignments for New WA State Members

Democratic Leader Nancy Pelosi yesterday announced that the Democratic Caucus approved a series of appointments of new and returning Members of Congress to House committee seats in the 113th Congress.  The newest members of the Washington State Delegation received favorable committee assignments, as follows.

Armed Services – Congressman-elect Derek Kilmer

The House Armed Services committee has exclusive jurisdiction for: defense policy generally, ongoing military operations, the organization and reform of the Department of Defense and Department of Energy, counter-drug programs, acquisition and industrial base policy, technology transfer and export controls, joint interoperability, the Cooperative Threat Reduction program, Department of Energy nonproliferation programs, and detainee affairs and policy.  Congressman Adam Smith (D-WA) is the Ranking Member of this committee.

Budget – Congressman-elect Denny Heck

The House Budget Committee is responsible for the annual adoption of a concurrent resolution on the budget as a mechanism for setting forth aggregate levels of spending, revenue, the surplus or deficit, and public debt.  This is a coveted committee position for the Congressman-elect.

Judiciary – Congresswoman Suzan DelBene

Among other things, the jurisdiction of the House Committee on the Judiciary includes Immigration policy and non-border enforcement; Interstate compacts; Patents, the Patent and Trademark Office, copyrights, and trademarks; Civil liberties; Constitutional amendments; and Criminal law enforcement; Federal courts and judges.

Fiscal Cliff Countdown: 26 Days

Negotiations continue between the Obama administration and congressional leaders on deficit reduction legislation that would need to be approved by Congress before the end of the year to avoid the sequester and tax increases. Last week the President released his proposal, which took a hard line on both taxes and entitlement spending, with increased tax revenues accounting for the greatest share of deficit reduction.  Not surprisingly, that proposal was quickly criticized by republicans who then issued a counteroffer that was much more focused on entitlement cuts, although with substantial tax revenues included as well.

For their part, congressional democrats appear increasingly unwilling to major cuts to entitlements, which have been a big driver of spending over the past few decades. The state of affairs has led to predict that the nation may well go over the cliff and leave the difficult task of cleaning up the mess when the new session of Congress convenes in January.

Meanwhile, appropriators are working toward an omnibus FY 2013 spending bill that could emerge for a vote next week. The bill would complete the appropriations cycle for the full fiscal year if agreement can be reached. The government is operating through March 2013 under a continuing resolution that sets total discretionary spending in accord with the $1.047 trillion limit agreed to in the Budget Control Act. The omnibus may adopt this spending level for the full year, although House Republicans have sought to reduce that level by $19 billion.

STEM Jobs Act Approved

By a vote of 245 to 139, the House passed this afternoon the STEM Jobs Act (HR 6429) offered by the Chairman of the House Judiciary Committee, Lamar Smith (R-TX).  The bill, which previously failed in September on suspension of the rules, would create 55,000 STEM visas for graduates of Carnegie Foundation rated (very high or high level) research universities with advanced degrees in STEM fields.  The bill does not include biological sciences in the definition of STEM. Unlike the prior version of the bill, it does not prohibit participation by graduates of universities that utilize commission-based international recruiters.

The bill is not expected to be taken up in the Senate in the lame-duck session so will likely die at the end of the year.

Senate Work Schedule for 2013

Senate 2013 Calendar – 113th Congress, First Session 

Convene – 113th Congress – Thursday, January 3

Inauguration – Monday, January 21 (Martin Luther King Jr. Day)

February 18 – 22 State Work Period (Presidents’ Day February 18)

March 25 – April 5 State Work Period (Passover March 26-27; Good Friday March 29; Easter March 31)

April 29 – May 3 State Work Period

May 27 – May 31 State Work Period (Memorial Day May 27)

July 1 – July 5 State Work Period (Independence Day July 4)

August 5 – September 6 State Work Period (Labor Day September 2, Rosh Hashanah September 5-6)

Yom Kippur September 14

October 14 – October 18 State Work Period (Columbus Day October 14)

November 11 – Veterans’ Day

Target adjournment – TBD