Government Relations

Legislative Update

November 17, 2008

In this issue:

STATE UPDATE

 

FEDERAL UPDATE

Special Federal Update

President and Congressional Election 2008

The November 4, 2008 election was an historic milestone in American politics.

President-elect Barack Obama will be sworn in on January 20, 2009.   Obama’s support came from a unique coalition of voters:  those at the top and the bottom of the economic and educational spectrums; residents of both urban communities and affluent suburban counties; and the vast majority of new voters, including large number of college students.  As one looks at this coalition of voters, however, it is apparent that each group has its own issues and priorities.  Holding together this coalition will be a demanding task.

During the campaign President-elect Obama promised increased funding for research and education initiatives – a goal that could be furthered by increased majorities of Democrats in both the U.S. House and the U.S. Senate, but likely to be hindered by economic uncertainty.

Presidential Transition

President-elect Obama is expected to move quickly on several initiatives:  1) a stimulus plan; 2) assistance to the auto industry; and 3) repealing some President Bush’s executive orders, including restricting federal funding for embryonic stem cell research.

The President-elect and his transition team have indicated that they will nominate key appointees related to the economy, defense, and energy as soon as possible so as to limit the amount of ramp-up time for the new Administration in those issue areas.

In addition to identifying people for key positions, the transition team and the new Cabinet members will be focusing on prioritizing President-elect Obama’s campaign agenda to determine key Administration policy goals, especially for the first year in office.  The new Administration will likely seek to establish traction early to move their national agenda forward. 

U.S. House of Representatives

The Democrats picked up significant numbers of seats, building on their 30 seat gain from two years ago and solidifying their strong majority in the House.  Given these increases, many expect Speaker of the House Nancy Pelosi (D-CA) to be selected for another term and vigorously promote the Democratic agenda.  As the Democrats solidify their majority, the conservative “Blue Dog” Democrats will likely seek to use their influence within the caucus to push for fiscal discipline amidst growing budget deficits and government spending.

U.S. Senate

The Democrats are expected to have a majority in the 111th Congress, but not enough to block a potential filibuster.  In order to pass major legislation, the Democrats will continue to have to negotiate with Republican members of the Senate.

Committees and Oversight

It is unclear if the increased majority will be enough to allow Democratic leaders to change the percentage of seats on House and Senate committees (and internal resources) assigned to the majority party.  If Democrats have greater representation on the committees, their corresponding ability to influence the content of policy and appropriations legislation before the committees will increase. 

With regard to oversight, the next Congress may pursue a less-vigorous executive branch oversight.  Similar to the relationship between the Bush Administration and the Republican-majority 108th and 109th Congresses, it is likely that disagreements between the 111th Congress and the Obama Administration will be less likely to receive public attention in the form of official oversight hearings and reports.

Finally, it remains to be seen what posture Congressional Republicans will adopt in their reduced minority status – whether it is one of cooperation with or opposition to the new Administration.  However, in a Senate that is still relatively closely divided, it would be an error to assume the Republicans no longer matter in Washington, D.C.  Bipartisan support for science and education programs will be important to future success.

  • Appropriations Committees:  Senate Committee Chairman Robert Byrd has announced he is stepping down from leadership; it is anticipated that Senator Inouye (D-HI) will succeed him.  Leadership of the subcommittees will likely remain the same, with Senator Kohl continuing to chair the Subcommittee on Agriculture, Rural Development, and Related Agencies.  In the House, it is expected that Wisconsin Congressman Dave Obey will maintain his position as Chairman of the powerful Committee.  Majority leadership of subcommittees will likely remain the same. 
  • Education and Labor Committees:  In the Senate, Senator Edward Kennedy is expected to continue to lead the HELP Committee, unless his health wavers further.  Current Ranking Member Michael Enzi (R-WY) is expected to retain his position on the Committee.  It is anticipated that health care reform will be at the top of the Senate agenda, along with reauthorization of No Child Left Behind, removal of the barriers to stem cell research, college affordability, improved health care through better use of health information technology, and math and science competitiveness.  On the House side, Chairman George Miller (D-CA) and Ranking Member “Buck” McKeon are expected to retain their respective seats.  Representative Tom Petri represents Wisconsin on this important education committee.

Significance of the Election for Research and Higher Education

During the campaign, President-elect Obama articulated a number of positions of importance to the research and higher education communities.  Additionally, there have been prior indications that the new Congress is interested in addressing several significant higher education issues, for example, affordable student loan interest rates.

However, there will be tough choices to make in the next two years.  The current economic uncertainty, the significant cost of the economic stabilization plan, the cost of the wars in Iraq and Afghanistan, and a simultaneous desire to increase funding for social and regulatory programs will all affect the resources available for higher education initiatives. 

The next Administration and Congress are poised to take up major legislation in a variety of areas with implications for research and education, including:

  • Climate change bills, with regulatory and research elements;
  • Energy legislation (federal investment in clean energy research, development, and deployment by $150 billion over ten years);
  • Reauthorization of transportation and highway research and infrastructure programs;
  • Reauthorization of the No Child Left Behind initiative;
  • Tax credit to cover the first $4,000 of a college education;
  • Elimination of the current federal financial aid application in favor of a box being checked on family tax returns;
  • Increase funding for basic research in physical and life sciences, mathematics, and engineering at a rate that would double basic research budgets over the next decade, including an R&D tax credit, and an increase in research grants for early-career researchers;
  • Lift the ban on federal funding for research on embryonic stem cell lines; and
  • Legislation on water resources to include a program dedicated to research, development and testing of new technologies in the area of reducing water usage.

Appropriations Outlook

Before the 111th Congress takes control in January, the 110th Congress must finish its work, which could occur later this month.  It is expected that there will be a second economic stimulus package and efforts to finish up outstanding Fiscal Year 2009 appropriations bills.  The economic stimulus bill is likely to focus on a package of automaker aid, paired with a proposal to extend unemployment benefits for another 13 weeks.  Both the Senate and House reconvene this week; it remains unclear how long either chamber will stay in session.

The pending Fiscal Year 2009 appropriations bills cover all domestic programs, including almost all agencies important to the research and education communities, many of which do well in the versions of the bills written by the House and Senate Appropriations Committees.  If the bills are pushed off until next year, three approaches are possible:  rewrite the pending bills with different funding levels, pass them close to as is for the sake of expediency, or ignore them entirely and fund the government at the Fiscal Year 2008 level for all of Fiscal Year 2009 with increases for only a few key initiatives to start fresh on the Fiscal Year 2010 appropriations process.  If this latter scenario occurs, funding increases proposed for agencies important to the research community may be in danger despite broad bipartisan support.  Furthermore, the Congressionally-directed projects (earmarks) contained in the current Fiscal Year 2009 will go unfunded.

Effective Strategies for the Research and Higher Education Communities

At the recent annual meeting of the National Association of State Land Grant Colleges, former U.S. Senator Don Riegle (D-MI) said that while there are severe new challenges, there are also special opportunities for the Obama Administration and the 111th Congress. 

He urged the leadership of the national higher education association to face the future – not with a “business as usual” approach – but with an aggressive approach, as higher education holds the key to human and intellectual capital. 

Riegle said that accountability, math and science, accessibility, affordability, and study abroad programs are all critically important issues, but that the times call for a “renaissance” to happen.  He challenged higher education to rise to a new level of leadership and engagement by working with each state to build new economic policies and ideas, and not just request additional funding.  Now is the time, he advised, for a new “national alignment” – a spirit of bipartisan cooperation with federal and state legislators, governors, the private sector, faith groups, citizens and colleges – that must be met with new urgency at home and abroad.

If you have questions about this update or the Office of Federal Relations can be of assistance to you and your campus, please feel free to contact Kris Andrews by email at kandrews@uwsa.edu or by phone at (608) 263-3362.

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