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Administration Regulatory Reform Update

Last week, White House Chief of Staff, Reince Preibus, issued a memorandum to all executive departments and agencies to freeze new or pending regulations — giving the new Administration time to review them, which is a common practice for any incoming administration.

For any regulations that have yet to be sent for publishing in the Federal Register, the memo asks the agency to not send any regulation to the Federal Register until reviewed by someone selected by the President.

The memo makes an exception for “critical health, safety, financial, or national security matters,” and asks agencies to identify any regulations that can’t be delayed for other reasons.

Recently issued research-centered regulations that could be impacted include:

  • federal policy for the protection of human subjects (Common Rule),
  • Department of Education’s final Rule on open licensing requirements for competitive grant programs, and
  • updates to the Uniform Guidance (including updates to the procurement rule and the micro-purchase threshold).

The Office of Federal Relations will continue to monitor actions coming from the Administration.

Federal Grant Update

Some initial actions and comments from the incoming Trump Administration have prompted questions and concerns from faculty, researchers, and the media, regarding federal research. Particularly, questions have pertained to Environmental Protection Agency (EPA) grants.

Here is what we know:

  • It is not uncommon for incoming administrations to issue a hold on grants at the beginning of their tenure. The current hold is happening across all agencies, not only EPA. The hold is designed to be an inventory and understanding of what is currently in process at the agency.
  • This will not impact existing awards — they continue. If there are any changes, those changes would be in new awards and new policies. We are halfway through FY 2017, and items already awarded and obligated should expect to receive funds. RFPs not yet out, grants not yet obligated, and FY 2018 grants (because those funds have yet to be appropriated), could see changes.
  • The EPA “freeze” should be resolved by close of business Friday, Jan. 27, when the accounting by the transition team is expected to be completed.

The UW’s Office of Sponsored Programs has information about these issues, including recommendations of what to do with grants in various stages of the process, on its web page under “Announcements.” This page is being vetted through a set of strict criteria.

The Federal Relations team will continue to gather and share information as it becomes available.

Executive Orders Continue During Busy First Week of New Administration

During a busy first week in office, the new president continued to issue memorandums a executive orders throughout the entire week. On Wednesday, he issued executive orders related to the building of a new wall along the southern border of the country as well as one partially aimed at punishing “sanctuary” jurisdictions with respect to immigration enforcement.

Border wall

One of the biggest pledges during the Trump campaign was the promise to build a wall along the border between the United States and Mexico.

The order calling for the “wall” reads, in part, as follows:

[The Secretary of Homeland Security shall… in] accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border…

The entire text is available here.

One of the controversies that has been triggered by this is the question of how the structure would be paid for. The White House press secretary initially seemed to indicate that it would be funded by a 20-percent tax on Mexican goods coming into the United States. Since then, the new Administration has backed away from being so definitive on how to pay for the wall, now indicating that the tariff proposal is one of many possible sources.

“Sanctuary” jurisdictions

Also on Wednesday, the new Administration issued an order aimed at addressing, among other issues, “sanctuary” cities and other jurisdictions. The order reads, in part:

It is the policy of the executive branch to… ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law…

The order also states the following:

In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary.  The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction.  The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.

The text of the executive order is available here.

Senate Appropriations Subcommittee Leadership for 115th

This week the Senate Appropriations Committee finalized its subcommittee rosters and leadership. Senator Patty Murray will serve as Ranking Member of the Subcommittee on Labor, Health and Human Services, and Education in addition to serving on the Subcommittees for Defense; Energy and Water Development; Homeland Security; Military Construction and Veterans’ Affairs; and Transportation, Housing and Urban Development. A full roster is listed below.

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies

 John Hoeven (R-N.D.), chairman

Thad Cochran (R-Miss.)

Mitch McConnell (R-Ky.)

Susan Collins (R-Maine)

Roy Blunt (R-Mo.)

Jerry Moran (R-Kan.)

Marco Rubio (R-Fla.)

 

Jeff Merkley (D-Ore.), ranking member

Dianne Feinstein (D-Calif.)

John Tester (D-Mont.)

Tom Udall (D-N.M.)

Patrick Leahy (D-Vt.)

Tammy Baldwin (D-Wisc.)

 

 Commerce, Justice, Science, and Related Agencies

Richard Shelby (R-Ala.), chairman

Lamar Alexander (R-Tenn.)

Lisa Murkowski (R-Alaska)

Susan Collins (R-Maine)

Lindsey Graham (R-S.C.)

John Boozman (R-Ark.)

Shelley Moore Capito (R-W.Va.)

James Lankford (R-Okla.)

John Kennedy (R-La.)

 

Jeanne Shaheen (D-N.H.), ranking member

Patrick Leahy (D-Vt.)

Dianne Feinstein (D-Calif.)

Jack Reed (D-R.I.)

Chris Coons (D-Del.)

Brian Schatz (D-Hawaii)

Joe Manchin (D-W.Va.)

Chris Van Hollen (D-Md.)

 

 Department of Defense

Thad Cochran (R-Miss.), chairman

Mitch McConnell (R-Ky.)

Richard Shelby (R-Ala.)

Lamar Alexander (R-Tenn.)

Susan Collins (R-Maine)

Lisa Murkowski (R-Alaska)

Lindsey Graham (R-S.C.)

Roy Blunt (R-Mo.)

Steve Daines (R-Mont.)

Jerry Moran (R-Kan.)

 

Richard Durbin (D-Ill.), vice chairman

Patrick Leahy (D-Vt.)

Dianne Feinstein (D-Calif.)

Patty Murray (D-Wash.)

Jack Reed (D-R.I.)

Jon Tester (D-Mont.)

Tom Udall (D-N.M.)

Brian Schatz (D-Hawaii)

Tammy Baldwin (D-Wis.)

 

Energy and Water Development

 Lamar Alexander (R-Tenn.), chairman

Thad Cochran (R-Miss.)

Mitch McConnell (R-Ky.)

Richard Shelby (R-Ala.)

Susan Collins (R-Maine)

Lisa Murkowski (R-Alaska)

Lindsey Graham (R-S.C.)

John Hoeven (R-N.D.)

John Kennedy (R-La.)

 

Dianne Feinstein (D-Calif.), ranking member

Patty Murray (D-Wash.)

Jon Tester (D-Mont.)

Richard Durbin (D-Ill.)

Tom Udall (D-N.M.)

Jeanne Shaheen (D-N.H.)

Jeff Merkley (D-Ore.)

Chris Coons (D-Del.)

 

Financial Services and General Government

 Shelley Moore Capito (R-W.Va.), chairman

Jerry Moran (R-Kan.)

John Boozman (R-Ark.)

James Lankford (R-Okla.)

Steve Daines (R-Mont.)

 

Chris Coons (D-Del.), ranking member

Richard Durbin (D-Ill.)

Joe Manchin (D-W.Va.)

Chris Van Hollen (D-Md.)

 

Department of Homeland Security

 John Boozman (R-Ark.), chairman

Thad Cochran (R-Miss.)

Richard Shelby (R-Ala.)

Lisa Murkowski (R-Alaska)

John Hoeven (R-N.D.)

James Lankford (R-Okla.)

John Kennedy (R-La.)

 

Jon Tester (D-Mont.), ranking member

Jeanne Shaheen (D-N.H.)

Patrick Leahy (D-Vt.)

Patty Murray (D-Wash.)

Tammy Baldwin (D-Wisc.)

Joe Manchin (D-W.Va.)

 

Department of the Interior, Environment, and Related Agencies

Lisa Murkowski (R-Alaska), chairman

Thad Cochran (R-Miss.)

Lamar Alexander (R-Tenn.)

Roy Blunt (R-Mo.)

John Hoeven (R-N.D.)

Mitch McConnell (R-Ky.)

Steve Daines (R-Mont.)

Shelley Moore Capito (R-W.Va.)

 

Tom Udall (D-N.M.), ranking member

Dianne Feinstein (D-Calif.)

Patrick Leahy (D-Vt.)

Jack Reed (D-R.I.)

Jon Tester (D-Mont.)

Jeff Merkley (D-Ore.)

Chris Van Hollen (D-Md.)

 

Departments of Labor, Health and Human Services, and Education, and Related Agencies

Roy Blunt (R-Mo.), chairman

Thad Cochran (R-Miss.)

Richard Shelby (R-Ala.)

Lamar Alexander (R-Tenn.)

Lindsey Graham (R-S.C.)

Jerry Moran (R-Kan.)

Shelley Moore Capito (R-W.Va.)

James Lankford (R-Okla.)

John Kennedy (R-La.)

Marco Rubio (R-Fla.)

 

Patty Murray (D-Wash.), ranking member

Richard Durbin (D-Ill.)

Jack Reed (D-R.I.)

Jeanne Shaheen (D-N.H.)

Jeff Merkley (D-Ore.)

Brian Schatz (D-Hawaii)

Tammy Baldwin (D-Wisc.)

Chris Murphy (D-Conn.)

Joe Manchin (D-W.Va.)

 

Legislative Branch

James Lankford (R-Okla.), chairman

John Kennedy (R-La.)

Marco Rubio (R-Fla.)

 

Chris Murphy (D-Conn.), ranking member

Chris Van Hollen (D-Hawaii)

 

Military Construction and Veterans Affairs, and Related Agencies

Jerry Moran (R-Kan.), chairman

Mitch McConnell (R-Ky.)

Lisa Murkowski (R-Alaska)

John Hoeven (R-N.D.)

Susan Collins (R-Maine)

John Boozman (R-Ark.)

Shelley Moore Capito (R-W.Va.)

Marco Rubio (R-Fla.)

 

Brian Schatz (D-Hawaii), ranking member

Jon Tester (D-Mont.)

Patty Murray (D-Wash.)

Jack Reed (D-R.I.)

Tom Udall (D-N.M.)

Tammy Baldwin (D-Wisc.)

Chris Murphy (D-Conn.)

 

State, Foreign Operations, and Related Programs

Lindsey Graham (R-S.C.), chairman

Mitch McConnell (R-Ky.)

Roy Blunt (R-Mo.)

John Boozman (R-Ark.)

Jerry Moran (R-Kan.)

James Lankford (R-Okla.)

Steve Daines (R-Mont.)

Marco Rubio (R-Fla.)

 

Patrick Leahy (R-Vt.), ranking member

Richard Durbin (D-Ill.)

Jeanne Shaheen (D-N.H.)

Chris Coons (D-Del.)

Jeff Merkley (D-Ore.)

Chris Murphy (D-Conn.)

Chris Van Hollen (D-Md.)

 

Transportation, Housing and Urban Development, and Related Agencies

Susan Collins (R-Maine), chairman

Richard Shelby (R-Ala.)

Lamar Alexander (R-Tenn.)

Roy Blunt (R-Mo.)

John Boozman (R-Ark.)

Shelley Moore Capito (R-W.Va.)

Steve Daines (R-Mont.)

Lindsey Graham (R-S.C.)

John Hoeven (R-N.D.)

 

Jack Reed (D-R.I.), ranking member

Patty Murray (D-Wash.)

Richard Durbin (D-Ill.)

Dianne Feinstein (D-Calif.)

Chris Coons (D-Del.)

Brian Schatz (D-Hawaii)

Chris Murphy (D-Conn.)

Joe Manchin (D-W.Va.)

This Week in Congress, January 23-27

This week in committees.

 

MONDAY, JANUARY 23, 2017

 

Senate Foreign Relations Committee

NOMINATION OF REX TILLERSON FOR SECRETARY OF STATE

4:30 p.m. Jan. 23, 419 Dirksen Bldg.

Full Committee Markup

 

TUESDAY, JANUARY 24, 2017

 

House Budget Committee

FAILURES OF THE AFFORDABLE CARE ACT

Jan. 23, 10:15 a.m., 210 Cannon

Full Committee Hearing

 

House Ways & Means Committee

AFFORDABLE CARE ACT INDIVIDUAL MANDATE

Jan. 24, 2 p.m., 1100 Longworth Bldg.

Subcommittee Hearing

 

Senate Armed Services Committee

DEFENSE BUDGET OUTLOOK

Jan. 24, 9:30 a.m., 216 Hart Bldg.

Full Committee Hearing

 

Senate Budget Committee

REP. MICK MULVANEY NOMINATION FOR OMB DIRECTOR

Jan. 24, 10:30 a.m., 608 Dirksen Bldg.

Full Committee Hearing

 

Senate Finance Committee

REP. TOM PRICE NOMINATION FOR HHS SECRETARY

Jan. 24, 10 a.m., 215 Dirksen Bldg.

Full Committee Hearing