Last Week in Congress

Both the House and Senate are in recess, which means Washington is pulling the Magic 8-Balls out of our dusty childhood closets and trying to predict what’s coming next.

The big questions? Appropriations and the midterms.

At this point, it looks increasingly likely that we’ll be operating under another continuing resolution (CR). But that raises some very consequential questions:

• Will the CR include the proposed delay to the Uniform Guidance changes?

• Will the larger Senate package include the Kaine-Collins-Murkowski provision prohibiting the transfer of certain Department of Education offices and programs?

• And, of course, what else gets tucked into the legislation before Congress heads back to town?

August recess is usually a good time to take a breath. This year, it feels more like the calm before the legislative storm.

Stay tuned. The Magic 8-Ball is still shaking.

Last week, the Senate passed the Continuing Appropriations and Extension Act, 2027, which would continue funding through December 11, 2027. Section 157 of the bill would also delay implementation of OMB’s proposed changes to the Uniform Guidance until December 11. Introduced legislation also hints at looming separation of powers concerns with respect to Executive discretion and Congress’ control over the power of the purse: H.R. 10014 “Restoring Accountability in Appropriations Act” seeks to establish private and congressional rights of action for withholding of federal funds that are not disbursed in line with Congressional authority. 

The Senate Appropriations Committee introduced its Continuing Resolution proposal on Sunday, August 2, which, in the very likely event that a full appropriations package for FY2027 is not enacted by rapidly-approaching end of the fiscal year, would provide continued funding through December 11, 2026. Section 157 of the Continuing Resolution would temporarily pause the implementation of the Office of Management and Budget’s revisions to the Uniform Guidance regulations. In releasing the bill, Chairwoman Collins (R-ME) stated “I am also pleased that this bipartisan agreement prevents the Office of Management and Budget (OMB)’s proposed rule regarding federal financial assistance from taking effect. I advocated for significant changes to the proposed rule in a July 6 letter to the agency, citing its potential to politicize grants and harm small, rural communities, families, and biomedical research.” Missing from the package is any mention of the bipartisan S. 5046 (Kaine, D-VA, Collins, R-ME, Murkowski, R-AK, Baldwin, D-WI, Hassan, D-NH), and Van Hollen, D-MD), which, as reported by the Senate HELP Committee on Thursday, would prohibit the transfer of certain offices out of the Department of Education.

Last week Congress introduced a number of bills directly responding to administrative actions on issues including:

·       Department of Education reorganization;

·       Accreditation reform; and

·       Immigration and education.

The House also passed the National Defense Authorization Act for FY2027, which contains numerous education-related provisions and incorporates the SAVE America Act, which would require individuals to provide documentary proof of U.S. citizenship when registering to vote, and to require photo identification to vote, in federal elections.

On July 15, the House Education and Workforce Committee approved ten bills intended to begin codifying the Trump administration’s plan to move major Department of Education functions to other federal agencies. The bills would transfer statutory responsibilities involving federal student aid, K–12 programs, career and technical and adult education, foreign gift reporting, international education, foreign medical school accreditation, child care for student parents, Tribal and Native education programs, family engagement, and other higher education functions.

Last week, Republican members of the House Education and Workforce Committee introduced the "Less Bureaucracy, Better Education" legislative package, a series of bills that would codify — and even expand — the administration's efforts to reorganize the Department of Education by transferring statutory responsibilities to other federal agencies and reducing the Department's role in administering federal education programs.