Outlook Unclear for Policy Priorities as Congress Adjourns Until September


By David Tyahla | Posted on August 2, 2016

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We’re in the heart (or perhaps I should say, HEAT) of another hot and humid summer in Washington, DC. If you’re from the area, you know that these oppressive conditions are sure to produce one thing each year — Congress leaving for its extended summer break.  

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The House and Senate are currently in the midst of a seven-week summer “recess” which will last until Labor Day. When Congress returns in September, they will face a three-week time frame for approving federal spending levels for FY2017 as the new fiscal year begins on October 1.  

There is speculation about the possibility of Congress moving a six-month Continuing Resolution (CR) to keep the government operating at the existing funding levels through March 2017. The other option is a short-term CR to ensure funding until after the November 8 election that would be followed by negotiation of an “omnibus” spending package before the end of the calendar year. A decision on a course of action is not expected until Congress returns in September.  

While we wait for Congress to return, however, here is where key federal programs stand that impact parks and recreation.

Conservation

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Land and Water Conservation Fund (LWCF)

FY2016 saw the LWCF State Assistance Program funded at its highest level in over a dozen years with $110 million for State Assistance and $12 million for the Outdoor Recreation Legacy Partnership program (ORLP).  

Before adjourning, the House approved its FY2017 Interior and Environment Appropriations bill (HR 5538) by a vote of 231 to 196. This was the first time since 2009 that the House was able to approve this bill which funds the U.S. Department of Interior and U.S. Environmental Protection Agency. Unfortunately, the bill includes multiple policy “riders” which has caused the White House to threaten to veto the bill. The full Senate has yet to take up their version of the Interior spending measure.   

An example of the current differences between the House and Senate is how they’re treating LWCF State Assistance in their proposed spending bills:

  • The House includes only $80 million for State Assistance ($5 million for ORLP). 

  • The Senate preserves the current funding level of $110 million for State Assistance ($12 million for ORLP) in their draft bill.

Further, the House addressed over 130 amendments during floor debate of HR 5538, including one offered by Rep. Dave Brat (R-VA) which would sunset state and local government obligations under the LWCF after 20 years. NRPA joined other conservation organizations and leading Republican appropriators in opposition to Rep. Brat’s amendment which was defeated. While we believe the LWCF "conversion" process can, and should, be improved and updated, we view the perpetuity requirements as core to the heart of the law and ones which provide valuable protections for state and local parks as well.   

The Effort to Make LWCF Permanent

Earlier this year, we reported on the Senate overwhelmingly approving comprehensive energy reform legislation (S. 2012), which includes permanent reauthorization of the LWCF, as well as meaningful change in how LWCF dollars are annually allocated. NRPA views this as significant step forward compared to the status quo which provides no guarantee of annual “state” money at all.    

Since that time, the House has taken a sharply different approach with regard to comprehensive energy reform legislation by passing a heavily partisan measure which — notably — is completely silent on the issue of LWCF. Therefore, the House and Senate need to reach consensus on broad energy reform legislation — a prospect that seems poor in the current political environment.

Despite their major differences, the two chambers have at least agreed to go to “Conference” where a joint, deliberative committee will attempt to resolve the major differences in an attempt to craft a single bill which could be approved by both chambers and ultimately sent to the White House for the President to sign into law prior to the end of the year. This news must be viewed as a positive step and one which keeps the window of opportunity open for seeing the LWCF become permanent, as well as formally recognizing the importance of allocating at least a portion of annual LWCF resources to programs like the State Assistance Program.

Health and Wellness 

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On the health and wellness front this spring, Congress was diagnosed with a severe case of “almost.” After lots of partisan bluster, brinksmanship and several failed votes, Democrats and Republicans in the U.S. Senate still couldn’t pass a $1.1 billion plan to fund research, develop a vaccine, dispense prevention kits and help states prepare for the Zika virus. As a result, millions of pregnant women and women of child-bearing age, and their sexual partners, are still at risk of contracting the virus. Learn more about how you can help stop the spread of Zika and urge Congress to #MoveOnZika in September

Labor-HHS Spending Package

The House and Senate were unable to approve their respective FY2017 “Labor-HHS” spending bills prior to leaving for summer break. Another case of “almost” or, perhaps, “not yet.”  The following highlights how the two chambers treat funding for park and recreation health and wellness priorities in their proposed spending bills.  

The Senate’s Labor-HHS spending package totals $932 billion and includes: 

  • $11 million to fund the CDC Arthritis Program which supports NRPA’s Walk With Ease (WWE) grants. WWE has helped over 3500 individuals suffering from arthritis become more mobile, lose weight, and get active at their local park and recreation agency. WWE is important to the health and wellbeing of thousands of Americans and is an integral part of NRPA’s effort to keep communities active and reduce healthcare costs. 

  • $261 million to fund opioid addiction treatment and prevention, research new medications to alleviate pain, and help states buy heroin overdose reversal kits (naloxone).

  • $15.4 billion for half of U.S. school systems to raise student achievement in high-poverty schools, including implementing pre-k programs.

  • $22.5 billion for Pell grants to help 1 million students graduate faster, do so with less student debt and enter the workforce faster. 

  • $300 million for Title IV, Part A of the Every Student Succeeds Act (ESSA) that supports academic enrichment grants to provide kids with well-rounded learning opportunities after school and during the summer months. This funding is critical to promote environmental education at park and recreation agencies and better connect kids to nature. The funding also supports a national monitoring system to track sports-related concussions among children and young adults. 

The House Appropriations committee has reported its own version of the Labor-HHS bill that includes:

  • $7.8 billion for the CDC, which is $605 million above the amount CDC received last year. Sadly this $7.8 billion also includes $908 million that was taken from the Prevention and Public Health Fund (PPHF), which supports NRPA’s health and wellness pillar.

  • $11 million for the CDC Arthritis Program

  • $390 million to fund the Zika virus response, including grants for state and local governments, and vaccination development.

  • $4.2 billion for the Substance Abuse and Mental Health Administration (SAMHSA), including $581 million to stop the opioid and heroin epidemic.

  • $1 billion for Title IV, Part A of the Every Student Succeeds Act (ESSA). While this amount falls below the $1.65B authorized by Congress, it is significantly more than the Senate’s $300 million and reflects a strong support for local district efforts to provide students with a well-rounded education. With robust funding for this new block grant program, school districts will have the flexibility for the first time to offer a wide range of enrichment activities, including environmental education and literacy, STEM and other hands-on, field-based and service learning activities.

PHIT Act

The PHIT Act now has 100 cosponsors: 13 cosponsors in the U.S. Senate and 87 in the House of Representatives. The PHIT Act would lower the cost of physical activity and make it easier for Americans to get active by allowing individuals and families to pay for physical activity expenses (recreation center fees, race fees, athletic clothing, registration fees, etc.) using health savings accounts (HSAs) and flexible savings accounts (FSAs).

We remain optimistic the PHIT Act will receive a vote before the end of this Congressional session, but that can only happen if we continue increasing the number of bipartisan cosponsors of the bill. Learn more about the PHIT Act and tell Congress you support lowering the out-of-pocket cost of physical activity. 

Social Equity 

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Community Development Block Grants (CDBG)

CDBG received a total of $3 billion in FY2016. The program provides block grants to larger urban communities across America which typically utilize up to $100 million to support  urban parks and recreation infrastructure each year.   

The House and Senate approved their own separate funding measures for the Departments of Transportation, Housing and Urban Development and related agencies (THUD).  While significant differences remain between the two bills, they do not include important NRPA priority issues.  Both the House and Senate agree on the importance of the CDBG program and have approved level funding for FY2017 of $3 billion.

Active Transportation Funding

Just over $800 million in dedicated funding for transportation alternatives — including pedestrian and bicycle funding and improved safety and accessibility for non-motorized transportation — is being provided through the “Fixing Americas Surface Transportation” Act (FAST). FAST was signed into law in 2015 and is funded primarily through the “Highway Trust Fund.” Both the House and Senate are recommending that funding continue at approved levels without significant policy changes.

TIGER Grants 

The “Transportation Investment Generating Economic Recovery” (TIGER) grant program, which received $500 million in FY2016, continues to enjoy strong bipartisan support from Congress. The Senate is recommending an increase of $25 million for FY2017 (total of $525 million), while the House, citing tighter budgetary constraints, has recommended $450 million for the popular competitive grant program. Here’s a great example of how Cleveland Metroparks is using a TIGER grant for pedestrian and bike paths

Conclusion

While it appears Congress will provide an extension of current funding for federal programs upon its return after Labor Day, there remain quite a few items left on the negotiating table that are important to NRPA’s three pillars including a comprehensive energy bill which makes the LWCF permanent, spending packages for Departments of the Interior, Labor, Health and Human Services, Transportation and Housing and Urban Development, a Zika virus compromise, and the PHIT Act.    

David Tyahla is NRPA's Senior Government Affairs Manager.