Biophysical Society Bulletin | April 2019

Public Affairs

The Congressional Budget Resolution is a critically important document as it sets the total level of discretionary funding for the next fiscal year. This is known as the 302(A) alloca- tion. This legislation is prepared by the Budget Committees of the House and of the Senate. For example, the division of the budget between military and civilian is essentially set in the budget resolution process. In fact, the budget resolutions even divides up the expected income among twelve Appropri- ations subcommittees. The final distribution of funds is set by the twelve Appropria- tions subcommittees. However, some key decisions have al- ready been made in allocating the funds available among the twelve committees in the prior Budget Resolution process. The final Appropriations bills are supposed to be complete by June 30th. If this process has not been completed by Oct 1, the end of the prior budget year, the Congress can pass a Continuing Resolution (CR) which continues the level of spending of the prior budget year. The government shutdown which was in place when this article was written, reflects the inability of the Congress and the President to agree even on a CR. Though not done in secret, the Authorization process essen- tially proceeds outside of public view. Thus at the point when the House Appropriations Committees on Labor, Health and Human Services and Education, is debating how much of the Labor and Health and Human Services $$ should go to NIH, a cap has already been set on overall Labor, Health and Human Services and Education funding by the Budget Resolution. That committee cannot take funds from the $717 billion appropriated by the Defense Appropriation Committee. Such a shift would have to won in the Authorization process. In the fall of 2018 the Labor and HHS Committee increased the NIH budget by $2 billion to $37 billion. The Biophysical Society participated in pressing for this and the outcome it was considered a victory for NIH advocates. However, this still leaves the overall NIH budget at ~3% of the overall federal budget. In the same Appropriation Bill the Defense Appropri- ations Committee was able to increase the various Pentagon accounts to $717 billion dollars, some 60% of the overall Congressional Discretionary Budget. Unfortunately, the NIH may face an even harder funding environment in Fiscal Years 2020 and 2021. In Fiscal Years 2018 and 2019, Congress was able to pass a budget deal that raised the non-defense discretionary spending caps imposed by the Budget Control Act of 2011. However, no deal has yet been reached to similarly raise these spending caps for Fiscal

Figure 2 shows the Congressional Discretionary Budget for 2017.

The Annual Budget Process Article 1 Section 7 of the U.S. Constitution gives to the House the power to raise revenue. Article 1, Section 9 requires that appropriations from the Treasury be explicitly decided by the Congress. Over the years various laws have been passed specifying the budget process in more detail. Currently the budget year, or fiscal year (FY), begins on October 1 and ends on Sept. 30th. The budget allocation process begins with the President introducing his budget proposals. However these proposals have no legal standing; they may influence the Congressional debate, or not. President Trumps first budget called for major cuts of 15% in NIH, NSF, Dept. of State and other civilian programs, with the intent of transferring those funds to the Pentagon budget. The majority party in the House and Senate then brings forth their budget proposals – known as a budget resolution – for consideration. According to the 1974 Congressional Budget and Impoundment Control Act the Congress needs to present a Concurrent Budget by April 15, for the President to sign (or veto). However, before this process can begin, the Congress must have authorizing legislation in place. Authorizing legis- lation confirms the existence and roles of the agencies of the government and sets out the general range of sums that can be allocated in the coming year. These bills often cover years at a time, and do not need to pass annually.

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