Closing out the 115th session of Congress: Lame ducks and new beginnings

Congress is working furiously to conclude the 115^th session while laying the ground work for the 116^th session set to begin on Jan. 3, 2019. Top priority for this “lame duck” session is finishing work on the FY2019 spending bills as seven remain in a holding pattern as part of a continuing resolution that expires on Dec. 21.  Also on the agenda and of interest to afterschool advocates is the Farm Bill and Juvenile Justice and Delinquency Prevention Act (JJDPA) reauthorizations, as well as a number of marker bills that have been introduced this month as members of Congress  begin to lay out their priorities for the new year.

FY2019 Spending Bills and Continuing Resolutions

You may recall that Congress completed five major spending bills in September before FY2019 began, a feat that had not been accomplished for almost a decade. Among the bills that passed was the FY2019 Labor, Health and Human Service and Education Appropriations Act which invested in afterschool programs at record levels. However, Congress did leave seven spending bills as unfinished business: funding for agencies including the Department of Agriculture, Department of Justice, the National Science Foundation, and others which will now expire on Dec. 21. While negotiations have become bogged done over funding for the president’s wall on the southern border, the options that remain on the table include extending the continuing resolution into spring 2019, passing an omnibus bill, or a combination of the two. It is important to note that funding for child nutrition programs like the Afterschool Meal programs and summer food service program are not affected by the spending impasse, as they rely on mandatory funding rather than annual discretionary appropriations bills.

If the White House and Congress cannot agree to terms, a partial government shutdown will occur on Dec. 22 with the seven remaining agencies shuttering their doors until a compromise is reached.

Juvenile Justice and Delinquency Prevention Act (JJDPA) reauthorization

Reauthorization of the JJDPA was also negotiated this month after both the House and Senate passed versions of the bill earlier this session, and a bipartisan, bicameral compromise bill was produced. First enacted in 1974, the Juvenile Justice and Delinquency Prevention Act (JJDPA) has been due for reauthorization since 2007. The final version of the bill reportedly contains language from the House-passed iteration that includes afterschool programs as an allowable use of prevention funds. On the night of Dec. 11 the Senate finally passed the bill and the House is expected to vote on the bill by Dec. 21.

Farm Bill

The reauthorization of the Farm Bill, a subject of intense negotiations, passed the House on Dec 12 after passing the Senate 87-13 on Dec. 11. While few provisions impact afterschool programs directly, the bill does establish a new Agricultural Youth Organization Coordinator within the U.S. Department of Agriculture (USDA) and recognizes the importance of involving youth in farming and ranching through programs like 4-H, Future Farmers of America, and Farm to School. The Agricultural Youth Organization Coordinator position is intended to promote youth-serving organizations and school-based agricultural education, serve as a resource for assisting youth organizations in agriculture in applying for participation in agricultural programs, and advocate on behalf of youth organizations in agriculture in interactions with employees of USDA.

Newly-introduced marker bills

A number of ‘marker bills’  were introduced over the past few weeks that were not necessarily intended to pass this Congress, but signal areas for discussion and debate in the upcoming 116^th Congress. Among these bills, several may be of interest to afterschool supporters:

• DIPLOMA Act: Rep. Judy Chu (D-Calif-27) and six cosponsors introduced H.R. 7204, the Developing Innovative Partnerships and Learning Opportunities that Motivate Achievement (DIPLOMA) Act on Nov. 30. The DIPLOMA Act would provide federal grants to states to support community schools and develop a comprehensive child and youth strategy. States would award subgrants to local consortia, in which a school works with at least one community partner. Community partners can be public or private organizations like local governments or institutions of higher education, local nonprofits or child and youth-serving organizations, or even local businesses or foundations. A community School Consortium receiving grant funds could use them to increase support for early childhood education, early reading programs, child care, home visiting, and parental education, develop programs for students and parents to learn together, offer multiple routes to a high school diploma, support mentoring, and more.

• Keep Our Promise to America’s Children and Teachers (Keep Our PACT) Act: On Dec. 4 Sen. Chris Van Hollen (D-Md.) introduced S. 3699 which would require full mandatory funding of part A of Title I of the Every Student Succeeds Act (ESSA) and the Individuals with Disabilities Education Act (IDEA). Title I of ESSA, which gives assistance to America’s highest-need schools, is a critical tool to ensure that every child, no matter the zip code, has access to a quality education. Funds can be used for a variety of uses including support for afterschool and summer learning programs. Over time, Title I has been deeply underfunded. According to the Alliance to Reclaim Our Schools, the Title I formula was underfunded by $347 billion from 2005-2017. Similarly, IDEA calls on the federal government to fund 40 percent of the cost of special education, but Congress has never fully funded the law. Currently, IDEA state grants are funded at just 14.7 percent. The Keep Our PACT Act would create a 10-year mandatory glide path to fully fund both Title I and IDEA, ensuring that education is a priority in the federal budget. The legislation is supported by the National Education Association, the American Federation of Teachers, the Alliance to Reclaim Our Schools, and AASA, the School Superintendents Association.

On the horizon for the 116^th Congress

When Congress returns in January to begin its 116^th session, Democrats will control the House of Representatives while Republicans will have a slightly larger majority in the Senate. A crucial priority for both chambers in 2019 will be addressing the return of the sequester and drastic spending caps for FY2020 that would mean a $55 billion cut to non-defense discretionary spending. Additionally, House Democrats have discussed key priorities for the 116^th Congress, including increased transparency and accountability for the Executive Branch, as well as a focus on infrastructure and healthcare. With regard to education, Rep. Bobby Scott (D-Va.) as the assumed new chair of the soon-to-be renamed House Committee on Education and Labor, will most likely focus on passage of his Rebuild America's Schools Act, H.R. 2475 (115) or its inclusion as part of a larger infrastructure package. The bill would create a $70 billion grant program and $30 billion tax credit bond program designed to improve school buildings in high-poverty schools. It would also create a national database on the condition of public school facilities.

Additional potential priorities for the Education Committee include rigorous oversight of the Department of Education, including the repeal of most Obama administration guidance, as well as ESSA implementation with a particular focus on state plans that do not pay enough attention to underserved students; Higher Education Act reauthorization; and possible movement on the Child Care for Working Families Act H.R. 3773 (115) which would create a federal-state partnership that aims to ensure that families making less than 150 percent of their state's median income do not pay more than 7 percent of their income on child care. Reauthorization of the federal child nutrition programs and the Corporation for National and Community Service (which manages the AmeriCorps and VISTA programs) is also a possibility.

We look forward to working with Congress and afterschool supporters in the new year to increase out of school learning opportunities for all children. Reach out to your member of Congress this month to encourage their support