Federal and Legislative Updates

October 2023 Federal and Legislative Update

by UNC Research

Federal funding deadline reset to November 17 

Congress approved a short-term continuing resolution on September 30, setting November 17 as the new funding deadline to avert a government shutdown. 

In the weeks prior, the White House Office of Management and Budget (OMB) instructed agency leaders to commence preparations by reminding them of their obligations to review and revise their shutdown plans in an organized manner. Additionally, OMB provided a preliminary communication memo informing employees about the status of appropriations. Please visit the UNC Research website to find relevant information, including specific federal agency communications and links to individual agency shutdown plans. 

Appropriators and leadership in both chambers are pushing to pass their respective funding bills separately before the November 17 deadline. For additional information, review the Congressional Research Service FY24 Appropriations status table. 

The Office of Federal Affairs will continue to engage with key offices and congressional committees as the process unfolds and will provide timely updates as they become available. In the meantime, please contact the office if you have questions or request additional details regarding a specific bill or federal program.  

U.S. House seeking new leadership 

Rep. Kevin McCarthy (R-CA) was removed from his position as Speaker of the House in a 216-210 vote on October 3. After McCarthy’s removal, Rep. Patrick McHenry (R-NC-10) was designated as the acting Speaker, also known as the House Speaker pro tempore. The exact extent of the acting Speaker’s authority is unclear, with differing opinions on whether they possess all the powers of an elected Speaker or merely the authority to oversee the election of a new Speaker.  

On October 11, House Republicans held an internal vote to nominate the next Speaker. Rep. Steve Scalise (R-LA) narrowly defeated Rep. Jim Jordan (R-OH) to secure the nomination but it remains unclear if he can garner enough Republican support to pass a floor vote in the House of Representatives. Democrats will again vote for Minority Leader Hakeem Jeffries (D-NY). If Scalise fails to secure enough support, his party may nominate a different candidate before teeing up a floor vote. 

House leaders select members for NDAA Conference Committee 

House lawmakers took an important step on September 19 in selecting conferees who will serve on the House and Senate FY24 National Defense Authorization Act (NDAA) conference committee. The NDAA is a must-pass bill that sets the Pentagon’s policy agenda and authorizes how the Department of Defense can use federal funding. These ”core conferees” - 21 Republicans and 14 Democrats - will lead the effort to reconcile differences between NDAA measures S. 2226 and H.R. 2670. This list does not include any members from the North Carolina delegation. However, Rep. Virginia Foxx (R-NC) and Rep. Patrick McHenry (R-NC) will serve as “outside conferees,” given their positions as chairs of committees:  Foxx is chair of House Education and Workforce and McHenry is chair of House Financial Services.

On September 18, the Association of American Universities (AAU) and Association of Public and Land-Grant Universities (APLU) sent a letter to the leaders of the House and Senate Armed Services Committees providing feedback about specific provisions in theNDAA billsrelated to cost-sharing requirements, disclosures, and other research security measures. 

NIH releases final policy on foreign sub-award reporting requirements 

On September 15, the National Institutes of Health (NIH) released its final policy guidance on foreign sub-award and consortium agreements. Under this updated policy, foreign sub-recipients must grant access to lab notebooks, data, and supporting documentation for research outcomes to the primary recipient at least once a year, aligning with Research Performance Progress Report submission timing.  

This final policy reflects changes made based on feedback received, including input from the AAU and APLU. Notably, the NIH clarified that access to lab notebooks and data can be entirely electronic, rather than requiring hard copies, and reduced the frequency of access from twice a year to once a year. 

The implementation of this policy has been postponed until January 2, 2024, with all grant recipients expected to comply by March 2, 2024. The UNC Office of Federal Affairs will remain engaged with AAU and APLU to address compliance concerns and assess its impact on future collaborations with foreign research partners.