mckeon

Advanced Appropriations: Congressional Multi-year Funding Techniques

Wed, 03 May 2023 16:44:11 GMT

The last session of the U.S. Congress witnessed an unusual number of funding techniques designed to appropriate money for federal agencies and programs well beyond the typical one-year allocations. Whether this phenomenon resulted from Democratic priorities in both the House and Senate remains to be seen. It is also unclear if it will continue under Republican House control during the 1st Session of the 118th Congress. Most professionals and groups, both foreign and domestic, targeting U.S. Congressional funding actions, avoid reviewing multi-year allocations and often do not take into consideration the benefits that federal agencies gain from making programmatic or political funding decisions based on large sums of future money in their budgets. One bill that passed Congress and was signed into public law, the "Infrastructure Investment and Jobs Appropriations Act," allocated over $197 billion in advanced funding for federal agencies from Fiscal Year (FY) 23-26, providing money for three future fiscal years. The Department of the Interior, for example, was allotted over $1.6 billion each FY from 2024, 2025, and 2026 for "water and related resources," which will have an immense impact on department staff who will have these funds available for dispensing in addition to their annual appropriations budget requests to Congress for these future years.

Advanced Appropriations

One key technique used effectively in legislation by both the House and the Senate last year was called "Advanced Appropriations." Congress passed bills that included funding not just for the fiscal year being considered, but also for longer periods, in some cases up to five years into the future. The following are examples of selected future funding provisions found within the "Consolidated Appropriations Act":

• For the Department of Transportation, Federal Aviation Administration, airports, and terminal facilities, funds were allocated from FY24 to 27, the latter being available by the FAA until September 30, 2027.

• For the Department of Justice, state and local law enforcement and crime prevention programs, one major category was a "Safer Communities program," funded with a total of $1.6 billion from FY23 to FY26.

• For the Department of Housing and Urban Development's "Homeless Assistance Grants," the bill funded $3.6 billion "...to remain available until September 30th, 2026."

• The most extreme example of multi-year funding in this bill provided the Department of Agriculture with $100 million "...to remain available until September 30, 2031, for administrative costs." This funding extends eight fiscal years into the future.

The following multi-year funding techniques appeared last year in other than appropriations legislation:

• Public Law 117-167, which included the "CHIPs Act," provided funding for a robust and domestic semiconductor manufacturing initiative. It granted $31 billion to the Department of Commerce for FY22 and 23, extending to $46.3 billion in FY24, $6.1 billion in FY25, and $6.8 billion in FY26. These funds would be in addition to other budget requests made in these future years. In the same bill, the Department of Defense received $400 million for FY23, as well as an additional yearly $400 million for FY24, 25, 26, and 27, granting $1.6 billion over these four future fiscal years to be used by the Secretary of Defense at his discretion. The funds could be "...merged with accounts in the DoD," with the only prohibition being that they could not be used for "...construction of facilities." In the same provision, the Department of State received $100 million for each year from FY 24-27, and the National Science Foundation received $50 million for the same period, allocating an additional sum of over $600 million for four fiscal years into the future.

In Public Law 117-169, the “Inflation Reduction Act,” Section 30001 of a comprehensive bill provided the Department of Defense with $500 million for the implementation of the Defense Production Act (DPA), "...to remain available until September 30, 2024." This allocation, consisting of a single sentence without any restrictions or additional information, is not related to any other subject matter in the bill. It also represents a future allocation for one additional fiscal year beyond the DPA funding in the DoD FY23 appropriations legislation, which falls within the $600 million range.

There are other multi-year funding techniques that professionals and those seeking to influence Congress and the U.S. government in their budget considerations should be aware of and incorporate into their strategy and tactics. For example, when finalizing their annual defense-related funding requests to Congress, most requests included in the detailed budget justification materials fall into "Program Elements" (PEs) with specific line-item numbers and categories within the Services at the Defense-Wide (DW) level, extending over five fiscal years. Therefore, for planning and presentation purposes, recent documents include targeted funding through FY2027. While these are authorizations and not appropriations funding requests, they significantly impact the final DoD Appropriations bill from the House and Senate.

It remains to be seen if these multi-year funding allocations will be included in the Fiscal Year 2024 final appropriations bills during this Session of Congress. They are a critical part of the funding decision-making cycle and can play a significant role in determining the final outcome of funds allocated to programmatic or policy initiatives.

Influencing Outcomes in the next 120 Days on Congressional and Government Actions

Wed, 28 Sep 2022 17:03:40 GMT

The next 120 days, from September until the end of December, create a PERFECT STORM for a variety of critical decisions by the U.S. Congress and government. It impacts all who seek to influence outcomes and to understand complex funding allocations, details in the policy process, and how to maneuver in the last days of the 117 ^th Congress. Over 22% of the US House Members, and all their staffs, will not be in office after the end of this year. The same is true for many Senate offices and Members as well. What actions should one consider in a “lame duck” Congress after the November 8 ^th National elections? How does one identify and influence unprecedented federal government actions and major regulatory agendas? Achieving success in this PERFECT STORM requires those that can navigate and avoid negative outcomes, with consideration for:

The start of the next Fiscal Year (FY) 2023 on October 1 ^st , with decisions yet to be made on all appropriations legislation.
The spending priorities for FY22-31, creating a new phenomenon called “advanced appropriations”, impacting future agency funding levels.
The Impact of the November 8 ^th elections which will create a new majority in the US House, and possibly in the US Senate, which will influence new directions for 2023-2024.
The final decisions on the next cycle of Administration proposed funding and policy initiatives for FY 2024 to be presented to the next 118 ^th Congress.

Advanced Appropriations over many Fiscal Years :

One of the key take-aways from recent Congressional passage of massive, multi-Trillion-dollar legislation, which spans over multiple Fiscal Years, has been a relatively new funding technique called “advanced appropriations.” The majority in both the U.S. House and Senate, have disregarded the established practice of annual appropriations bills for agency programs and have resorted to funding programs over a multi-fiscal year basis.

Several examples are as follows:

Public Law 117-169, “Inflation Reduction Act,” August 16, 2022, allocates funding over a ten fiscal year basis. Examples within this act include; $250M funding for the National Park Service over 10 years ($2.5B). The US Postal Service receives a total of $1.29B, over 10 years from for the purchase of zero-emission vehicles and an additional $1.71B for infrastructure.
Public Law 117-167, “CHIPs Act,” August 2,2022 (Section 102) appropriates $52B over five years for the Department of Commerce and $2B on semiconductor chip manufacturing for the Defense Department over a 5-year period.

These funding appropriations provides an agency or program with huge allocations, giving tremendous authority and decision-making ability to federal officials to determining the rules for who secures the funds and how they are dispensed. For example, Long-range projections of funding within the Pentagon might include details over a five-year period. This multi- year effort creates new targeting for agency official presentations, requests over a longer period, and strategies to meet these new demands.

A new Fiscal Year begins October 1st:

This Congress ends on December 31 ^st , 2022, and the new 118 ^th Congress begins in January. All bills not passed by the end of this year “die.” Therefore, bills providing for the over $1.2T federal budget have pending legislation in the Congress. If not passed by October 1 ^st , to avoid a “shutdown” of the federal government, Congress passes what is called a “continuing resolution” (CR). This CR funds the government at the rate last approved by Congress for each agency (this would be at FY2022 levels). It is possible that the political nature of the divided Congress may delay funding past October 1 ^st . Last year, a “Consolidated Appropriations Act,” was signed into law on March 15, 2022, 165 days after the funding was to begin. These funding decisions have impacts that merit consideration in these 120 day period:

Critical changes in federal policy directives inserted in legislation by Congress or line-item allocations for specific programs can be tremendously impacted if delayed. These decisions are made away from the floor of the House and Senate by a joint conference committee of leadership and professional staff. Many of these specific funding items impact national defense programs within the DoD.
Changes that will occur after the November 8 ^th national elections in the funding committee leadership, especially chairs of Committees and subcommittees with their professional staffs, are critical to outcomes. This is true both in the final stages of this Congress, but more so for developing policy and funding for the next one. Keeping one eye on the elections for Congress can be a crucial decision in the next 120 days.
Aside from the “advanced appropriations” programs, during this FY transition, some key targets for presentation include officials at the Office of Management and Budget (OMB). OMB is considered the key group that advises the White House on agency budget decisions, as well as proposed budget impacts. Also, consideration in the next cycle for FY24 is crucial. Final OMB and White House decisions on that budget are to be made after Thanksgiving and prior to Christmas for presentation to the Congress after the State of the Union in early 2023.

The next 120 days includes many other critical deadlines and decision-making events in government relations for impacting the U.S. Congress and Federal agencies. Some of these to consider are as follows:

The NDAA: Resolution of the final National Defense Authorization Act (NDAA) for FY2023, which passed the House and has been “filed” in the Senate. The NDAA in the Senate has seen 900+ amendments for consideration by the leadership and there will be a final Conference Committee between the House and Senate Armed Services Committees prior to sending it to the White House. This is a major pending bill of an $800B+ magnitude which is a must pass effort this year.
Laws that are expiring: There is a host of laws that will expire within the next 120 days, and many of these are quite important to various programs and constituencies. An example is the National Flood Insurance Program (NFIP) which expires September 30, 2022. Most of these provisions will probably be “kicked down the road” so to speak into the 118 ^th Congress for final resolution.
Regulations by each federal agency: With a host of bills signed into law with key provisions requiring agency regulations for implementing the program, grant, or policy, it is anticipated that the agency regulatory processes will be working overtime at the end of the year and into the 1 ^st Quarter of 2023. These regulations for once a bill is signed into law are being drafted and reviewed within the agency and influencers are working to project their requirements into the final rule that will be published in the Federal Register for public comment. Many of the FY22-23 decisions referenced above will also have a major impact at the state level once funding is allocated either by formula or directly by the highest agency official.

Chairman's Corner: The Inflation Reduction Act?

Thu, 18 Aug 2022 17:44:29 GMT

As we look forward to November and the midterm elections, one topic seems to be on the minds of all Americans, inflation. For Americans, inflation is different than any other political issue. That is due chiefly to the fact that it is felt on a personal level. It is felt when you go to put gas in your car. It is felt when you are trying to put food on the table. It is felt when you must live with the constant insecurity of whether an unexpected expense will drive you into debt. Inflation is the definition of a “kitchen table” issue. It is hard to be concerned about secondary issues like climate change or partisan talking points when you are living paycheck to paycheck.

With this being the case, Congress and the Administration need to be making every effort to tamp down inflation and provide Americans with the peace of mind that things will get better soon. However, the efforts currently being made by the Administration and the majority in Congress consistently fall short and, in some cases, only exacerbate the problem. Take the “Inflation Reduction Act” for example. Despite the appealing name, economists have determined the $739 Billion bill will do nothing to reduce near-term inflation. In fact, University of Pennsylvania economists behind the Penn Wharton Budget Model state the legislation’s likely impact on inflation is "statistically indistinguishable from zero." The Congressional Budget Office has also reviewed the bill and concluded it would have a "negligible" impact on inflation over the next two years. With these facts being what they are, can we really call this bill the “Inflation Reduction Act”?

If the “Inflation Reduction Act” does not reduce inflation, then what does it do? What are the key policies this act will implement? For the most part, the bill covers climate issues, health care, green energy, and tax enforcement. One must ask the obvious question; are these really the issues Americans are worried about during record high inflation rates? The bill will also raise taxes on American families, manufacturers, and energy producers. These measures do nothing to relieve the struggles of everyday Americans and may work only to exacerbate them.

However, perhaps the most concerning provision in the bill is the addition of 87,000 new IRS agents. The administration claims these additional agents will be used to ensure rich corporations and individuals “pay their fair share”. However, I have seen first-hand that this is simply not the case. During my first 8 years in Congress, the Clinton administration also expanded the IRS. I saw many of my constituents impacted by the aggressive nature of this expanded IRS, many of whom were average middle-class families. I am deeply concerned that history will repeat itself and this IRS hiring binge will see middle-class families targeted at a time when they are already struggling economically. Congress needs to put forward real solutions to fight inflation and ease the burden that the citizens of this country are feeling each and every day. How can we expect the American people to support the “world-changing” policies outlined in this bill when they are struggling to afford the bare necessities of life?

Meet the Summer Research Associates

Thu, 18 Aug 2022 15:10:35 GMT

Jacob Slabonik :

My name is Jacob Slabonik. I am a current research associate with the McKeon Group, and I am very thrilled to have received this opportunity to conduct exciting, relevant, and diverse projects during this summer semester. I attend Liberty University as a rising senior studying International Relations: Strategic Intelligence Studies. The McKeon Group has certainly catered to my interests in assigning relevant research projects to explore, and I am grateful for the mentorship that Mr. John Chwat has provided throughout this internship.

After living in rural Pennsylvania and a quiet branch off the Rehoboth Bay in Delaware for most of my life, living in the center of Washington D.C. has been a new and exciting, albeit occasionally stressful, experience. I have the privilege to live alongside 27 other Liberty students who are also interning in D.C. as part of our Washington Fellowship Program, an opportunity offered by Liberty’s Career Center. This cohort of students has led to wonderful networking opportunities across a diverse set of interests and professions and has already formed friendships that will last beyond our short semester in the city. Sightseeing, attending social events, and walking through museums has made this short summer pass even quicker. In my own free time I enjoy reading, musical performance, and spending quality time with friends and family.

As I look toward the future, I hope to further develop my understanding of relevant defense, national security, foreign affairs, and cyber issues. I would like to continue developing my background in IT helpdesk and networking work while pursuing a career within the realms of national defense and intelligence. I am open to the many forms that this takes, from government advocacy and relations to think tanks and employment within federal agencies and the intelligence community itself. I have a particular interest in studying and analyzing the political landscape of the Balkans and Eastern Europe as a whole but will take any opportunity to learn more about any region of the world. While I am currently undecided on pursuing graduate school immediately after undergrad, I do hope to eventually seek an advanced degree related to national security, cybersecurity, or geographic information systems.

Joan Lederer:

Hi! My name is Joan Lederer, and I am going to be a junior in the fall at the University of Notre Dame. I am double majoring in political science and art history. I chose that combination because I loved my classes in high school on U.S. government and art history, and I thought they would work nicely together considering political influence on art and vice versa. I am from a northern suburb of Chicago, and I have two older siblings that live in DC and Boston. Surprisingly, they both also went to Notre Dame and convinced me how great it was. At school, I’m involved in coordinating my dorm’s dances, Irish Dance Club, and a club called the Student Policy Network where I work with a group of students who lobby for driving card legislation in Indiana. Starting college in 2020 was a rocky adventure, but I’m glad that Notre Dame opened up and allowed us to join in person clubs and go to football games. I have been Irish dancing since I was 8 and have traveled to different countries including Scotland and Canada for the world championships and the North American championships.

In my free time I like to workout in my own way like rollerblade, ice skate, or do pilates. I love reading books and have a particular interest in historical fiction books. I used to sew a lot in high school and have made many clothing pieces, but unfortunately, I could not haul my sewing machine to DC. I enjoy going to any art museums or exhibits and often frequent the Art Institute in Chicago. While being in DC, I have learned to cook more for myself, so trying new recipes and experimenting is very exciting for me.

I learned about McKeon through my school because a kid in my grade, Brian, worked here in the spring. I am thinking about lobbying for my career but was unsure what field of lobbying I wanted to go into, so I’m glad McKeon lobbies for many different clients. As I’ve been working, I like the cultural projects that have to do with museums or celebrations of artists and other cultural or historical figures. I hope to combine my majors into a lobbying career but another topic I’ve become interested in is education lobbying. It’s all still up in the air, but I’m glad to be a research associate at the McKeon Group to help me figure it out.

Strategies to Impact Congress: The “End Game” for the Next Five Months

Thu, 18 Aug 2022 14:46:33 GMT

The Second Session of the 117 ^th Congress ends New Year’s Eve, December 31 ^st , 2022, and for the next five months there are significant impacts in the process to achieve funding and policy outcomes. Many of these decision points are due to the Congressional appropriations and authorization requirements, which will influence military and defense positions. Congress will also be pushing for results prior to the upcoming National US election cycle on November 8 ^th . “Positioning” for majority rule is already well underway in both parties within the Congress. The totals of retiring or resigning Members in the House and Senate now total over 50, which is approaching 10% of the 535 Members. This change is compounded by the addition of new US House and Senate Members, and their professional staffs in the last two months of the year. This all points to a “perfect storm” developing this Fall. These changes in Congress will most likely lead to changes in legislative initiatives, funding levels, and changes in policy.

There are three critical points in the coming “End Game” for this Congress on all legislation and policy: First, the period from June through now, the August “recess”; Second, the Fall period, including the start of the Congress from September 6 through the beginning of the Fiscal Year, October 1, and the National elections, November 8 ^th ; Third, the organizing period for the 118 ^th Congress and resolution of all legislation for this year (as they “die” at the end of the Session) from the day after, November 9 ^th through December 31 ^st . For each phase, new approaches are evident in the process. These include:

The concept of “Advanced Appropriations ”: At the start of the Pandemic and throughout this year, bills that have passed and been signed into law, as well as pending large bills on a variety of issues, contain funding levels beyond the present Fiscal Year. In some cases, the next five or six years now have residual appropriations levels within agencies for various programs. This process avoids the “usual” yearly appropriations cycle, and plays havoc with the authorization process, whether it is defense or non-defense programs.
The majority in the Congress has relied heavily in the House Rules Committee to control the final changes to legislation in a very constricted floor final consideration for bills. In the case of major legislation, such as the National Defense Authorization Act (NDAA), in which amendments are considered in this Committee, these decisions are made by leadership. In the case of the US Senate, amendments are proposed, but are dealt with by leadership in a very narrow decision making process with limited numbers of Members and professional staffs.
Creating multi-thousand-page bills and avoiding committees of jurisdiction for consideration of relevant provisions has become routine. Throughout this Congress, bills such as the COMPETES Act, the Build Back Better Act, and many others provide an opportunity to include provisions that go beyond the original introduction of the bill. While the leadership has input in the process, usual at the subcommittee level, committee review and passage of these provisions are ignored. It becomes very complex for outsiders to review thousands of pages of language in a timely manner, unless one knows the process well.

Taking each of the three critical phases described above for the “End Game,” they include distinct strategies for positive outcomes. These include:

Prior to Summer Recess Period

Most of the major bills yet to be decided, such as the NDAA as well as the major FY2023 Appropriations bills, will be “marked up” (created) within very specific subcommittees and forwarded to full committees for final consideration. In past year’s bills such as these, are “positioned” for floor votes prior to the August recess and the issue of strategic influencing becomes one involving inclusion of REPORT language for directives to agencies on policy programming, or funding levels of projects.
Most of the States have already held their primary elections. Election results for those Members in the House and Senate running in the 2022 cycle will have an influence on outcomes in the Congress. While losers still retain voting and membership through the end of the year, these are crucial decisions to review. Elections and fundraising have key impacts during this period as well.
During this period, the House and Senate have very limited time in Session for decision-making. Knowing when they are in Washington, DC, who to contact and what to present are keys, as leadership and top professional staffs hold the positions of input critical to outcomes.

Fall Period after Labor Day Until Elections

September 6-30 is the most intense period for a Congressional session. The pressures of the end of the current FY for Federal budget decisions and expiring provisions in reauthorization laws (such as the National Flood Insurance Program) are tremendous.
The campaign season is in full “swing” during this period. Perhaps as many as 50-70 House Members and 10-12 US Senate members could change and determine the margin of majority rule for the next two years (118 ^th Congress, 2023-2024). Since the margins now are 50-50 in the Senate and about 221-208 in the House (with 6 vacancies), these are critical times. Most of October will be taken up with campaigning and as of now only the Senate is in session October 11-21, 2022.
Key policy issues for the next Congress are being presented and considered by various entities, including GOP Policy professionals and both party leaderships. Proposed positions on legislation and proposed changes to regulations and laws are being identified for possible consideration in 2023. Couple this forward-looking activity with influencing the next FY (FY2024) with these levels of funding and program decisions being finalized at the Office of Management and Budget (OMB) and the White House.

The Day After the Elections through the End of the Year

November 9 ^th on is the organizing period for the 118 ^th Congress. Decisions will be made on leadership, at both the Committee and subcommittee level. Changes will also be felt as previous members and their staff leave and new members arrive. New staffs abound.
There are critical decisions to be made by existing 117 ^th Congress leaders on passing and considering pending legislation. This is a very complex period that includes many bills, amendments, and related policy issues to be resolved.

In these final five months, knowing what to present, when to maximize requests, who to meet with, and how best to follow up on all actions for final and positive outcomes are keys to success. Are you prepared? The McKeon Group is!

PRESS RELEASE: Ambassador Hoekstra Joins McKeon Group

Thu, 18 Aug 2022 14:37:36 GMT

Renowned Consulting and Lobbying Firm, the McKeon Group, Bolsters Foreign Policy and Intelligence Expertise with Addition of Ambassador Pete Hoekstra as Principal

WASHINGTON, DC - The McKeon Group, a leading Washington DC consulting and lobbying firm with unequaled proficiency to achieve results on Capitol Hill, has added Ambassador Pete Hoekstra to its leadership team as a principal. Ambassador Hoekstra’s expertise in the intelligence, business, foreign policy, and defense sectors – combined with his insider perspective from decades of public service – make him an ideal addition. He joins a team of experts assembled by Chairman Howard P. “Buck” McKeon to guide clients through the complex political and regulatory environment of Washington, DC.

“Ambassador Hoekstra’s substantial experience and political acumen offer a great benefit to our firm”, stated McKeon Group Founder and Chairman Howard P. “Buck” McKeon. “Our clients have confidence in our ability to help them succeed in Washington, resolving issues that become mired in complex political and policy debates.”

Ambassador Hoekstra brings to the firm 18 years of Congressional experience representing Michigan’s 2nd Congressional District from 1993 to 2011. While in Congress, he served as Chairman of the House Permanent Select Committee on Intelligence from 2004 until January 2007. He was a member of the “Gang of Eight” from 2004 until 2011, receiving the most highly classified information available in the U.S. government.

“I am delighted and honored to join the highly respected McKeon Group team, applying my experience in both the private and public sector to work for our clients,” stated Ambassador Hoekstra. “Our clients understand that when they need real results, this team led by Chairman McKeon will deliver every time, solving complex problems, building valuable relationships, and meeting client business objectives.”

Ambassador Hoekstra continued his career in public service by representing the United States as Ambassador to the Kingdom of the Netherlands. During his tenure, The Hague hosted the Department of State Global Entrepreneurial Summit in June of 2019, which was attended by over 2000 entrepreneurs, investors, and other business leaders. At his urging, The Dutch Parliament created the American Friendship Group. He continues to promote United States foreign policy goals and objectives aggressively and effectively.

In addition to his career in public service, Ambassador Hoekstra has also found great success in the private sector. Over a 15-year career at Herman Miller, Inc., a company frequently cited as one of the most admired in America, he worked in a variety of positions rising through the ranks to become the Vice President of Marketing.

Ambassador Hoekstra has received numerous commendations for his public service. In 2008, he was appointed as an Officer in the Order of the Orange-Nassau, a royal honor from the Dutch government. The Central Intelligence Agency (CIA) awarded Ambassador Hoekstra with its “Agency Seal Medal” and the Director of National Intelligence awarded him with the “National Intelligence Distinguished Public Service Medal”.

“Ambassador Hoekstra’s resume and reputation speak for themselves”, Chairman McKeon continued. “His experience, insights, and relationships are a boon to both our firm and our client’s. Ambassador Hoekstra’s addition to the McKeon Group team will bolster the knowledge, experience, and guaranteed results for which our firm is renowned.”

Chairman's Corner: United We Stand?

Mon, 28 Feb 2022 17:28:57 GMT

As we move into 2022 and Americans look towards the future, one thing is for certain, these are troubled times for our great nation. The divisions between us have only widened and the political strife we have seen grow over the past few years seems to be reaching a critical point. We have seen what this political division has done to our country. Differences that once were chalked up to political disagreements or policy disputes, have grown into open animus. We have seen neighbor turn against neighbor and longtime bonds of friendship dissolved over which side of the political ticket someone chooses to cast their ballot. We have seen family members disown one another because of who they supported for the Presidency or Congress. The differences between us appear to be growing and battle lines being drawn.

In times such as these, it is paramount that we remember that which unites us is far greater than that which divides us. It has been said that no outside threat could ever conquer the United States; only a threat from within could bring this nation to its knees. We see the truth of this statement more and more each day. A united America is a strong America, but as we continue to allow politics to seep into every aspect of our lives, our strength wains. As our strength wains, the threats to this nation’s security, both foreign and domestic, only grow. We must work towards repairing the familial bonds that once ran strong between Americans. We must restore the good faith that once existed between citizens of this nation who held differing political ideologies. The good faith where Americans understood that most people want what is best for this nation and her people, although they may disagree on how to achieve that goal. We must move away from this false dichotomy that we have created where individuals can be defined as “good” or “evil” based on their political leanings. Few things in this world are so clearly black and white; rather, we must learn to see the shades of grey that make up each individual.

This is what every American must strive to accomplish. It will not be easy. It will take patience, understanding, and the willingness to accept that we will not agree on everything. Perhaps most importantly, we must remember that we are all Americans. If we can do that, this nation will step back from the ledge and return to a time when the words “We the People” were a more commonly valued refrain.

Best,

Howard P. "Buck" McKeon
Chairman and CEO

NDAA: Considerations for 2nd Session of the 117th Congress

Thu, 24 Feb 2022 17:45:38 GMT

The National Defense Authorization Act (NDAA) for Fiscal Year 2022 may authorize over $768.2 Billion for US military programs and systems, however, the details on how much will be finally appropriated for those same programs and systems remains unresolved as of this article. The Fiscal Year began October 1st, and the DoD has been deciding on funding issues for the last four months based on allocations made last year in FY21 (approximately $694.6B). Congress has not yet passed the final DoD Appropriations bill for FY22. Although the House passed their version July 13th, the Senate bill has yet to be passed. It is very unusual that DoD bills lag this long after passage of the NDAA. Considering the total amounts of proposed Defense funding have differed in the House ($705B) and Senate ($728B), much work still needs to be done to finalize these critical military needs during crisis times ahead.

These delays will impact the next cycle of NDAA considerations within this Session of Congress. Final decisions have already been implemented in the DoD’s POM23 (Program Objective Memorandum), detailing the Pentagon and Administration’s military priorities for the services in all areas impacting the FY23 NDAA process. Each year, both the House and Senate Armed Services Committee, as well as their subcommittees, begin early public hearings, detail requests of individual Members for projects, and set an agenda for the various sections within the bill that will be considered. The process typically begins in March of each year. After the President delivers his scheduled State of the Union on March 1st, a series of subcommittee actions in the NDAA will begin. At the same time, the DoD FY23 budget requests will also be delivered to the House and Senate Defense Appropriations Subcommittee, who in turn will set their schedules for the next round.

The NDAA is a very arduous and time-consuming process that results in thousands of pages of legislative language, providing direction to the Pentagon on programs, acquisition, and policy initiatives. It is also a critical formulation of detailed budget authorizations for top levels of spending that can be utilized for programs or procurement, but still need actual appropriations to be completed. The process for the NDAA includes Pentagon and service-connected decision-making, as well as Congressional input. The controversial decisions rely on the “Big Four'' leadership, Chairmen and Ranking Members, within the Committees, as well as the full House and Senate leadership. Success in influencing the NDAA requires knowledge of the process, experience, and knowing the right person, to take the right action, at the right time. Hundreds of amendments submitted to the Senate and House during NDAA consideration, as well as outside pressures for adjustments, such as the Unfunded Priorities Lists, offer great opportunities for influence. With the proper guidance, these factors can be influenced to achieve client objectives and, in turn, success.

“A Perfect Storm": Uncertainty on Federal Funding and National Defense Priorities for the next 60 Days

Thu, 24 Feb 2022 17:12:43 GMT

On Friday, March 11th, 2022, all Federal government funding ends. While a government shutdown is not an option, there are key decisions in the next 60 days on whether to continue last year’s appropriations levels until the Fall, consider an Omnibus all-encompassing bill, or pass individual bills per Department and agency. Despite the Administration’s earlier request for over $4.1 Trillion to support all federal agencies, including the DoD, Congress did not adhere to a deadline of September 30, 2021 (the end of the Fiscal Year), and opted to “kick the can down the road”. They extended spending at last year’s level until December 3rd and then again until February. Adding to this uncertainty, after the President’s State of the Union on Tuesday, March 1, 2022, the Congress will receive the Fiscal Year 2023 Federal budget requests for this coming year’s cycle. Soon thereafter, staff within each agency will set out funding levels and programs for the next Fiscal Year (2024), due at the Office of Management and Budget (OMB) by Thanksgiving. This will be four fiscal years of allocations, a true “traffic jam” for those who seek to influence federal programs and funding.

This unusual situation greatly impacts decisions at all levels of government, with a special adverse impact in the Department of Defense (DoD) and related national security agencies. As of this article, the DoD Fiscal Year 2022 Appropriations legislation has yet to pass the Senate. Those seeking to propose new military policies, allocations, or weapon system projects last year were focused on the National Defense Authorization Act (NDAA) for FY22, the Defense Appropriations bill for the same Fiscal Year (FY), and Military Construction Appropriations. This issue generated a unique public hearing on January 12, 2022 by the House Appropriations Defense Subcommittee in which all four military branches’ witnesses presented their concerns on a lack of FY funding which would restrict new production of needed weapon systems and have a negative ripple effect throughout our national defense structure. Most all recent NDAA’s have been passed and signed into Public Law by the President well within the FY Fall deadlines. The following are examples of the last four years:

Fiscal Year NDAA DoD Appropriations

2022 PL117-81—Dec. 27, 2021 -

2021 PL116-28—Jan. 1, 2021 PL116-260—Dec. 27, 2020

2020 PL116-92—Dec. 20, 2019 PL116-93—Dec. 20, 2019

2019 PL115-232—Aug. 13, 2018 PL115-245—Sept. 28, 2018

Historically, since 1976, there have been instances of funding “gaps” in allocating appropriations bills, and in some cases “shutdowns”. These “shutdowns” usually only extended for a week or two, the longest being 21 days. However, even during the longest “shutdown”, the DoD Appropriations bill was not impacted as it passed Congress by December of that year (PL 104-61, Dec.1, 1995). Uncertainty in production schedules, federal contracts, procurement needed, planning on construction decisions, as well as a whole host of impacts on employees, businesses and the ripple effect on the economy can also be directly attributed to this delay. Impacts are felt up and down the governmental structure, reaching the state and local levels as well. The following is an example of the DoD appropriations decisions from this year’s legislation showing delays, uncertainties, and lack of outcomes:

FY22 NDAA :
FY22 NDAA White House/DoD Request: $743 Billion
FY22 NDAA signed into law Dec. 27, 2021: $768 Billion
FY22 DoD Appropriations :
House bill (HR4432) passed July 13, 2021: $705.9 Billion appropriated
Senate bill (S.3023) was sent to the Senate Oct. 20, 2021: No resolution as of yet.

In the next 60 days, the leadership of the House and Senate Appropriations Committees, the leaders of both the House and Senate, as well as key Chairman and Ranking GOP members in the US Congress, will be making the following decisions with their professional staffs and input by the Administration:

Whether to pass the “Further Extending Government Funding Act”, Public Law 117-70, Dec. 3, 2021, funding the federal government at FY2021 (last year’s) levels until February 18th, 2022. As well as whether to just further extend until September 30th, 2022 without passing ANY FY22 funding bill. This would have severe repercussions for Defense programs, put extreme pressure on the US military to meet the challenges of international conflicts, and not meet other agency needs. Each Appropriations bill now pending has billions of dollars in “earmarks” for federal programs supported by over half the Congress in their districts and states, as well as “Report language” that directs the agencies to undertake certain policies and levels of funding advocated by Congress. It would be a total elimination of all the FY22 Appropriations bills. Most professionals call this strategy a “Continuing Resolution” (CR) which would continue the funding at last year’s levels.
Whether to consider combining various funding levels into a “Conference Committee” structure (a conference with the House and Senate Appropriations would determine finality on levels of spending, include directives and other legislative provisions in each FY22 Appropriations bill). This would be pending and present an “Omnibus” bill, providing an allocation of funds through September 30, 2022. Most agencies would utilize the “extra” funds to continue and expand programs accordingly. The “Omnibus” alternative usually is an “up to down” vote in each body and unless there are issues that would result in a veto would be signed by the President. If this alternative is utilized, it would be a long five month or more delay past the FY22 deadline of October 1, 2022.
Whether to consider and pass each Department appropriations bills, most all of which have already passed the House. This option would be further delayed in the process and is not a realistic one for the time left in this session until the FY23 budget is presented for deadlines and consideration.

The avoidance of deadlines and appropriations funding requirements in “regular order” in the Congress has additional considerations by influencers in their strategies. The Fiscal Year 2022 allocations, which is what we are focused on, will have additional potential changes that leaders and key staffs will contemplate not just in the next 60 days, but for this 2nd Session (2022) of the 117th Congress. Some of these items are:

Unfunded Priorities: Within the Law, each agency, especially the DoD, can submit to Congress “unfunded” priorities that are needed to fulfill objectives but were not funded in the budget to Congress. For the military, a key document would be the annual submission called the POM (Program Objectives Memorandum). In FY22, Unfunded Priority lists and requests to Congress by the services totaled over $25B.
Supplemental FY22 funding: A crisis, disaster, or unforeseen event could result in additional funds needed. For example, the four Coronavirus, multi-trillion-dollar bills over two years were over and above regular annual appropriations.
Reprogramming of allocations, sequestration, and other technical ways to change funding levels.

The next 60 days are critical to finalize funding decisions. Perhaps the next 180 days will also be critical in how a very divided Congress and Administration work to develop a Fiscal Year approach to three if not four levels of federal funding. The key questions in achieving one’s objective in this environment is who to influence, when, and how?

John Chwat is a Senior Vice President of the McKeon Group, he can be reached via email at johnchwat@mckeongrp.com or on the phone at (571) 447-5001.

Chairman’s Corner: A Nation Worth Preserving

Wed, 21 Jul 2021 03:04:57 GMT

As we reflect on the recent passage of Independence Day, the normal feelings of unity and patriotism that typically coincide with the holiday have seemed to diminish compared to past years. July 4th is intended as a celebration of the birth of our nation, as well as a recognition of the freedoms granted to us by our forefathers and paid for with the blood of our fellow countrymen, past and present. Unfortunately, this message seemed to ring hollow to some Americans this year. A recent Gallup poll found that patriotism was still lacking amongst many Americans, recovering only slightly from last year’s all-time low. This was particularly true amongst young Americans aged 18-34. As the number of U.S. citizens that are proud to call themselves American remains at its lowest level in decades, we are left with a simple question; why?

In days past, there was an idea that regardless of what views we held or on what side of the political aisle we fell, we all could be united behind the universal truth that, above all else, we were Americans. This single fact meant that we shared fundamental principles and a common kinship that superseded any political ideology. However, recently it seems this idea has been forgotten by some Americans or lost in the mire that is modern U.S. politics. It would appear that at least some portion of this recent fall in patriotism has been precipitated by an effort to fundamentally rewrite what this country stands for and the principles on which it was founded. An effort has been made to suggest that the United States was not founded on self-evident, universal principles, but rather on bigotry, racism, and white supremacy. This view is a misunderstanding of the principles on which our Founding Fathers established this nation and disregards the great strides the United States has made towards living up to those universal truths. One does not have to ignore the history of this country to be proud to call themselves an American. We can acknowledge the sins of our past while continuing to recognize that this truly is a great nation.

It is important to remember that the United States was the first country in history to establish a government that derived its legitimacy from the consent of the governed and was grounded in the universal rights of man. This is most notable in the Declaration of Independence, where the Founders historically proclaimed, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.” These very words alone give us a reason to be proud of our country. They were a firm declaration of the innate rights of all people; the foundation of what was to be the United States of America. The fact that it took years for these truths to be fully realized for all Americans does not diminish their greatness. It is these very words, and the rights enshrined in the Constitution, that provided the foundation for emancipation, universal suffrage, and equal protection under the law for all Americans. As Martin Luther King Jr. professed, the principals laid out in the Declaration of Independence represented a “promissory note”. It is precisely because of the truth of these words that some today feel empowered to admonish the Founding Fathers. These self-evident principles transcend even the mortal men that penned them.

We must always strive to achieve the lofty goals set forth in our founding documents. We achieve this not by condemning America whole-cloth for the sins of our past, but by learning from our history, which we should all study more and attempt to rewrite less. It is through these lessons that we work towards forming “a more perfect union”. It is easy to allow political differences to divide us, blinding us to the many values we share. We must once again unite behind our shared history and find refuge in the knowledge that, above all else, we are all Americans. If we are unable to return to this shared belief, and if the number of Americans who no longer have pride in their country continues to rise, the fissure between us will only grow wider. If we want to work towards a unified America, we must first ensure that all Americans acknowledge it as a nation worth preserving.

All the best,

Buck

The “End Game” for Congress & Government: Choices and Tactics in the next 122 days for FY 22-23---Are you Prepared?

Wed, 21 Jul 2021 03:01:46 GMT

As Congress rushes through the last four months of the 1st Session, ending on New Year’s Eve, the anticipation of final legislation, policy, and funding decisions can be an overly complicated process that begs the return to “regular order.” Although this may not seem like a short timetable, it is important to remember that holidays and “district work” periods leave few legislative days that can be used for influence. Since January, and the start of the new Administration and the 117th Congress, the focus has often been multi-trillion-dollar funding bills and a “Christmas Tree” of legislation. This is made more complicated by the hundreds of amendments that have been proposed to these bills, as well as a new process for “markups” in creating bills through Committees. Take for example, S.1260, the Endless Frontier Act, that started out as a change to the structure of the National Science Foundation (NSF) and ended up including major authorization language covering NASA and many provisions relating to China. This bill is well over 2,376 pages long and contains hundreds of billions of dollars. Another major bill, HR 3684, the infrastructure legislation, is pending final review in the US House. HR 3684 has grown to over 1,538 pages, with hundreds of amendments still to be finalized before the Senate takes it up in the Fall. The key is preparing for what will be in these bills and knowing how to influence their outcomes.

Some of the influences that are not typically part of the tactical decisions for outcomes have proven, in this political environment in Congress, to be a unique group for consideration:

• In the House, the three-vote majority for the Democrats (220-211, with 218 being the majority) has provided more focus on the House Rules Committee and the leadership decisions in Committee passage of bills directing final amendments and composition of bills.

• In the Senate, the 50-50 composition has devolved many decisions with Senate leadership, especially on approving amendments offered on the Senate floor.

• Earmarks, or more appropriately called “Community Projects”, have been approved by Democratic leadership with extensive guidelines in both the House and Senate Appropriations Committee. These Earmarks are not exclusive to the Appropriations process. For example, the infrastructure bill previously mentioned has over $6 billion of “Community Projects” submitted by members. The House Appropriations Committee during the deadline for Member submission of these earmarks has over 5,880 requests for all funding bills.

• Markup Sessions (creating the bills in Committee) during the start of the 117th Congress have been more partisan than usual with little bi-partisan legislation being finalized. In many bills appearing in Committee or on the floors, the votes reflect this division, as does the debate.

During the last four months of this Session, the following are examples of key final legislative decisions that need to be addressed and will impact outcomes, not just for 2022, but beyond:

• The National Defense Authorization Act, as well as the DoD Appropriations bill, will begin to be created in this “end game “cycle. Final Program Element (PE) funding of thousands of projects and final allocations of $704 billion or more for the military, will be open for Subcommittee, Committee, and final floor amendment considerations this Fall.

• The entire FY22 Appropriations bills for all agencies and their key accompanying reports will be finalized. It is anticipated that these decisions may move into the 2022 calendar year requiring major decisions on levels of funding, program continuations, and much more for each agency.

• Large bills providing for huge spending outcomes and policy decisions in areas such as the American Families Act, the Infrastructure bill, Education, and many others, need to be finalized or decisions pushed into 2022. Some of these programs, for example the National Flood Insurance Program (NFIP), expire September 30, 2021, and will need to be dealt with or extended.

The last 122 days of this Session have extremely limited legislative days for influencing Members and key professional staff. The lack of time coupled with holidays, “district work Periods” where Members are back in their localities, and the focus on fundraising and other events, all contribute to a short timetable. Some key choices for influence in this period include:

• Increased use of texts and emails to key staff, as they “permit” access to cell phones and email responses for presentations. Use of Zoom and internet meetings can also be a positive outreach choice, including, if appropriate, office visits.

• As many of the Markup Sessions are virtual, the key choice for influence remains the top professional Subcommittee and Committee leadership and staff. Majority Staff Directors and subject experts within Committees remain key deciders in a fast-paced environment.

• Knowing the content of amendments, the text of bills or reports, what specific amendments propose, and having access to fast breaking floor actions remain a major information gathering priority for successful outcomes.

I remember one instance in which a markup was going on during the evening hours and a staff director called me while at dinner with a client. They had a change to an amendment which was especially important to the policy direction we needed. The staff director asked for my view and changes to the language which were given and included in the final evening’s activity. Knowing the right information, at the right time, to make the right decision, is critical.

The restarting of “Earmarks” or as described, “Community Projects” will, in the FY22 cycle and more importantly for the next FY23 cycle, be a major consideration for some project funding objectives. The guidelines prepared by the House and Senate Appropriations Committee are extensive and require local input for support. It would be prudent for influencers to include in their tactics for next Session a review of all 5,880+ submissions of the House and prepare this Fall for FY23 deadlines, which most likely will be around March of 2022.

Another word about FY23. Agency completion of budget requests for this next cycle will be due in the Office of Management and Budget (OMB) around Thanksgiving. There is a process for “pass backs” which are give and take negotiations between OMB, the White House, and agency leadership on funding requests. The Budget is finalized at the end of the year and these budgets are included in the President’s submissions to Congress for next year.

To summarize, for FY22, considerations in the “end game” should be given to:

• Monitor Conference Committee deliberations between House and Senate funding bills and final Omnibus Conference.

• Seek other legislative vehicles that relate to the issues at hand, and with support from leadership (Chairman and Ranking Members) it is possible to include in a “Chairman’s Substitute”, but timing is key.

• Review with appropriate agencies and “implementers” of the policy and funding for possible options.

For FY23, considerations in the “end game” should be given to:

• Meet, present, and seek to include policy and funding requests via Agency inclusion for FY23 programmatic final budget.

• Present issues at OMB, as well as White House levels, to impact final budget decisions.

• Interact with Congressional leadership for influence with Executive Branch final allocations and policy.

There are many opportunities to influence Congress, to gain agency support, and voice concerns on programs and policy during this period. These last 122 days go by very fast on Capitol Hill. There are many decisions to be made. Are you prepared?

John Chwat is a Senior Vice President of the McKeon Group, he can be reached via email at johnchwat@mckeongrp.com or on the phone at (571) 447-5001.

NDAA Fiscal Year 2022: What to Expect in the Upcoming Process

Wed, 21 Jul 2021 02:57:38 GMT

Fiscal Year 2022 will be the sixty-first consecutive fiscal year Congress will pass an annual National Defense Authorization Act (NDAA), ensuring the funding of the U.S. military and other critical defense functions to protect the country. Whereas the NDAA traditionally garners bipartisan support to ensure its consistent advancement into public law, the legislation faces delays due to the new administration and its focus on infrastructure. In late April, the Senate Armed Services Committee delayed consideration of its reauthorization bill until July due to “uncertainty” over when President Biden would submit his full congressional budget request. While it is unclear whether a NDAA reauthorization bill will be signed in time for the start of the new fiscal year on October 1, 2021, an arduous and timely process can be expected.

The six House and seven Senate Armed Services Subcommittees are set to complete markups of the NDAA by the end of July 2021. Following the annual congressional recess for the month of August, the full House Armed Services Committee is expected to begin legislative markups on September 1, 2021. A brief look at how the process progressed last year can provide some insight into how similar events could unfold this session. Last year, the House version of the FY21 NDAA, H.R. 6395, was reported by the Armed Services Committee on July 9th, 2020, and taken up 21 days later, on July 20th in the Rules Committee for two days of hearings. In these hearings, the House Rules Committee considered over 752 amendments submitted by House members to be added to the bill, of which only 407 were approved for consideration on the House floor. The FY21 NDAA then underwent a brief 2-day process, which included the introduction of several amendments on the House floor, voting on the inclusion of these amendments, and a final vote on the passage or rejection of the overall NDAA in the House. The FY21 NDAA passed the House on July 21st and was sent to the Senate on August 4th, 2020. Although breaking from a typical reauthorization cycle, we can expect this step in the process to follow the same procedural cycle this Fall.

In the Senate, the process is fairly similar to the House, but there are several key differences. One of the main differences is that only the full Senate Armed Services Committee sends their completed NDAA bill directly to the Senate floor (no Rules Committee process). For S. 4049, the NDAA FY21 bill, more than 200 bipartisan amendments were agreed to in the committee markup process. On June 23, 2020, S. 4049 was reported to the full Senate by the Armed Services Committee. Throughout July, 810 amendments were introduced, and only 71 of them were approved. The amendment approval rate was less than 9 percent. On August 2, 2020, the Senate passed its version of the Fiscal Year 2021 NDAA and sent it to the House.

During the fiscal year 2021 cycle, the Senate bill was substituted with the House’s version of the bill in a conferring conference committee on November 18, 2020. Following the Thanksgiving recess, the conference committee submitted its report on December 3rd, arriving on President Trump’s desk days later. Upon disagreement, President Trump vetoed the bill on December 23rd. With tremendous bipartisan support in both chambers of Congress, Trump’s presidential veto was quickly overridden and the FY21 NDAA was quickly passed into law. At the start of the new year, the fiscal year 2021 NDAA became Public Law No. 116-283. These milestones during last year's NDAA process may serve as a guidepost for the FY22 NDAA this coming Fall. In summation, it is important to remember three key "events" that will impact the results: the type and number of amendments to the bills and the process they must go through in a relatively short time, the scheduling of the legislation in a very busy end of the first Congressional Session, and the impact a divided House and Senate will have on the final result.

Skylar Pollock and Clark Doman are Research Associates for the McKeon Group.

Washington State Senator, Don Benton, Joins the McKeon Group as Sr. VP

Wed, 21 Jul 2021 02:54:45 GMT

Senator Don Benton recently joined the McKeon Group as Senior Vice President and has been successfully helping others navigate complex government and business challenges his entire life. He brings four decades of extensive government and business experience to our clients. Senator Benton was appointed the 13th Director of the United States Selective Service by President Trump. In this capacity, Senator Benton directed an independent agency of the Executive Branch working to provide manpower to the Department of Defense. Supreme Court Justice Samuel Alito administered Senator Benton’s Oath of Office in the Supreme Court of the United States. Within 6 months, Director Benton had negotiated with Congress and OMB for the first real budget increase at the agency in 40 years. Prior to this appointment he served as the President-elect’s Transition Team lead and later as a Senior Advisor to the President of the United States at the Environmental Protection Agency. He maintains a high-level security clearance.

Before being selected by the President to manage the EPA transition, Senator Benton, a native of California, served for 30 years in elected public office. He began his service in 1981 with his election to the Santa Clarita Community College Board of Trustees where he served two, four-year terms. After relocating to Washington State, Senator Benton went on to serve the citizens of Washington. Originally in the House and for 20 years in the State Senate where he served as Chairman of multiple committees, as well as Deputy Majority Leader. His vast knowledge of the government process and his ability to develop lasting relationships on both sides of the aisle proved to be an incredible asset to his clients.

Senator Benton specializes in providing solutions and focused attention in education, energy, banking, insurance, environmental, and defense related areas of government at the Federal, State and Municipal levels. He served with the current Ranking Member of the House Energy and Commerce committee in Congress and is widely recognized as an expert in state legislative procedures and protocols. He has many professional relationships in Congress, the federal government, and state legislatures throughout the country. In addition, Senator Benton has championed many successful funding projects for organizations like the American Red Cross, The Salvation Army, the YMCA, the YWCA, and several others.

In his professional career outside of public service he served as the Director of Clark County Department of Environmental Services, where he was instrumental in leading positive change and winning environmental awards. An accomplished entrepreneur, Senator Benton has built multiple companies and provided countless jobs to Americans since founding his first company when he was 17 years old (still operating today). Benton, through his company National Consulting Services, has provided consulting and strategy services to 700 American television stations and media companies such as Disney, Viacom, CBS Television, Fisher Broadcasting, Fox Television, NBC, and many others.

Additionally, Senator Benton is a past-President of the Jaycees and is an American Red Cross volunteer and Board Chairman for twenty years; an Assistant Scout Leader and Merit Badge Counselor in the Boy Scouts of America, he has two sons who attained the rank of Eagle Scout. He is a proud member of the Sons of the American Revolution, the American Legion, and the Scottish Rite. The Senator graduated Summa Cum Laude from Concordia University receiving his degree in business management and communication. He and his wife Mary have been married for 39 years and have four children.

Dr. John Fleming - Former Congressman, Naval Officer, White House Official, Joins McKeon Group as Principal

Wed, 21 Jul 2021 02:52:15 GMT

Business Leader & Practicing Physician Joins Firm ‘Where Problems Go to Die’

The McKeon Group, a leading consulting and lobbying firm with unequaled proficiency to achieve results on Capitol Hill has added John Fleming, MD to its staff as a principal. Dr. Fleming’s expertise in the medical, business, and defense sectors¬ – combined with his insider perspective from decades of public service – make him an ideal addition. He joins a team of experts assembled by Chairman Howard P. “Buck” McKeon to guide clients through the complex political and regulatory environment of Washington, DC.

“Dr. Fleming’s substantial experience and political instincts fit perfectly into our firm,” stated McKeon Group Founder and Chairman Howard P. “Buck” McKeon. “Our clients trust this team to help them succeed in Washington, resolving issues that become mired in complex political and policy debates.”

Dr. Fleming brings experience as a four-term Member of Congress representing Louisiana’s 4th Congressional District from 2008-2017. He served on the House Armed Services Committee for all eight years of his Congressional service. More recently, he served as an official at Health and Human Services, Department of Commerce, and in the White House as deputy chief of staff, handling military and national security matters – including representing the chief of staff’s office in the many meetings and activities of the Coronavirus Task Force.

“I am thrilled and humbled to join the highly respected McKeon Group team, applying decades of public service and business leadership to work for our clients,” stated Dr. John Fleming. “Clients know that when they need real results, the team led by Chairman McKeon will deliver every time, solving complex problems, building valuable relationships, and meeting client business objectives.”

A lifelong public servant, Dr. Fleming served six years as a Navy Medical officer. He built a medical practice and still sees patients regularly. He also operates several businesses including more than 35 Subway franchises, and diverse real estate endeavors.

“Dr. Fleming’s diverse background in both the public and private sectors allows him to share valuable perspectives and solutions for our clients. We appreciate the irony of a practicing physician serving at our firm ‘where problems go to die,” Chairman McKeon continued, “He has made positive differences in Congress, government agencies, the White House, and the private sector. He is more than a ‘utility player’ he is an ‘all-star’ with a ‘Hall of Fame’ record of providing ideas, counsel, intelligence, and solutions.”

Most recently, Dr. Fleming was detailed to the White House and appointed a senior presidential advisor with the title of Assistant to the President for Planning and Implementation, in March 2020. He was located in the West Wing and functioned as the deputy chief of staff, handling military and national security matters as well facilitating the implementation of new regulations, executive orders, and presidential memoranda. Various White House components reported to him. Dr. Fleming also met regularly with Operation Warp Speed, which developed COVID vaccines in record time and represented the chief of staff’s office in the meetings and activities of the Coronavirus Task Force.

In March 2019, Dr. Fleming was confirmed, with strong bipartisan support by the US Senate, to serve as Assistant Secretary of Economic Development at the US Department of Commerce. There, he worked on catalyzing investment into distressed communities with EDA grants as well as the application of Opportunity Zone investment incentives.

Dr. Fleming was appointed in 2017 to serve as Deputy Assistant Secretary of Health IT at the US Department of Health and Human Services. There, he worked on streamlining and optimizing the use of electronic health records, as well as improving system interoperability.

Dr. Fleming’s honorable public service was recently recognized with the Distinguished Service Medal awarded by the Department of Defense.

AVX Corporation Developing Sensor Technology to Enable Temperature and Location Monitoring

Wed, 11 Nov 2020 21:03:49 GMT

It has been said that crisis spurs ingenuity and drives innovation. For close to a year now, COVID-19 has spread throughout the world, bringing crisis and turmoil with it. Nations around the world have scrambled to find solutions to the many problems this modern pandemic fosters. One such problem is monitoring and tracing infection rates and spread within a population. This is no easy task due to the incubation period of the virus and the rates of young people who contract the virus yet remain asymptomatic. However, if we were able to accurately identify the early signs of infection, steps could be taken to slow the spread of this virus. This becomes ever more important as the United States looks to reopen our society in the safest manner possible. AVX Corporation has identified this pressing need during this crisis and answered the call.

As part of their product development efforts, AVX identified the need for quick identification of personnel body temperature excursions as an indication of potential COVID-19 symptoms. This technology can also be used for other types of illness and for quick identification of personnel at risk of heatstroke.

Incorporating AVX proprietary technology, their scientists went a step further and incorporated the ability to precisely locate individuals so they could be retrieved for medical attention, then added technology that will identify other personnel who came in contact with the at-risk individual. This could be a game-changer in some military environments, allowing rapid and precise contact tracing to help mitigate COVID-19 outbreaks.

AVX engaged with the McKeon Group to identify and establish contact with the appropriate Pentagon and Capitol Hill staff to develop interest in their technology. We at the McKeon Group see AVX’s technology as an important development in the effort to combat COVID-19. This technology has the potential to change the way we identify and trace illness, and in the process, save lives.

AVX is a leading international manufacturer and supplier of advanced electronic components, interconnect, sensing, control, and antenna solutions with 33 manufacturing facilities in 16 countries around the world. Headquartered in Fountain Inn, SC, AVX offers a broad range of devices including capacitors, resistors, filters, couplers, sensors, controls, circuit protection devices, connectors, and antennas. They provide components and systems to customers in the military, aerospace, medical, automotive, computer, industrial and consumer markets around the world. With its workforce of over 15,000 employees worldwide, AVX offers significant competitive advantages, including delivery and production capabilities optimized to suit each customer’s just-in-time inventory requirements and global engineering teams experienced in developing new-to-market product solutions.

Ethan McComb is an associate at the McKeon Group, he can be reached by email at ethanmccomb@mckeongrp.com or on the phone at (571) 447-5000.

“The End Game” Maximizing Influence in the Last Days of this Congress

Wed, 11 Nov 2020 19:03:31 GMT

Most observers of Congress and the Federal government ignore the short 60-day period in November and December that follows our National Elections. They view this time as unproductive or unimportant in the legislative and policy business of the Capitol. This could not be further from the truth. Those who establish a plan for influence in this sixty-day period are indeed ahead of the game for the next two years of the 117th Congress, from January 3, 2021 to January 3, 2023. Regardless of the election results, from President to state legislator and all positions in between, those that serve in this 116th Congress have been planning the transitional period for months ahead of time. There are actions to be undertaken and targets for influence to be initiated in the last 60 days of the year in the US Congress. These actions are separate from events deciding the Presidential race and are critical to the resolution of pending legislation. Procedures for organizing the next Congress are already underway, and influential Members in both the House and Senate are concluding their leadership roles and other positions that will decide policy for the next two years.

House and Senate Members who will retire, or those who have lost their 2020 election bids, are returning to the Nation’s Capital seeking to, one last time, influence outcomes and votes on legislation. Most consider these elected officials as inconsequential to the “end game”. However, both the “old” 116th Congress Members and the “newly” elected 117th Congressional House and Senate Members, mix and mingle during this 60-day period. A list of action items for each is as follows:

For the retiring Members and their top staffs:

· The Members have a vote and can influence outcomes of key bills still pending resolution.

· The more senior Members, Chairs of Committees and Subcommittees, have not left and can make decisions through this period.

· Some Members and their top staff will have new positions of influence in the private sector or in other venues, which can prove valuable.

For newly arriving Members and their top campaign staff:

· Learning the procedures and process is at its height for developing relationships and potential influence.

· Lobbying House and Senate leadership for Committee assignments is a key action item.

· Many Committees introduce new Members to returning Members and industry representatives.

Included in this mix of old and new, are returning House and Senate Members that will transition into the next 117th Congress. These include Members who have been re-elected or whose seat in the Senate is not up until 2022 or 2024. In these cases, most of the Members are focused on leadership positions that have been created by a new majority or retirements in Committees and Subcommittees. All too often those influencers who have targeted the potential “candidate” for these leadership positions in both parties are way ahead of the game in presenting their positions and client interests for 2021-23, andlook to support one or more of these new leaders in their hunt for votes. In some cases, the leadership will determine the focus of the policies and legislation for the next two years, as well as the priorities within a Committee to consider key legislative goals during this period. Most of the positions in this category have been “open” for some time and the top contenders have been lobbying their colleagues and influencers in 2020. For example, in this 2020 cycle, the following selected Chairs had long ago announced retirements leaving open decisions by their party “elders’ for the 60-day “end game” period:

· Chairman of the Senate Agriculture Committee (with its key Farm Bill reauthorization in the 117th Congress).

· Chairman of the Senate Health, Education, Labor and Pensions Committee (with its pending health and Higher education reauthorization for the 117th Congress).

· Chair of the House Appropriations Committee (with its major decisions for Fiscal Year (FY) 2022 as well as a $2T Federal Budget and potential FY2021 supplementals and Stimulus funding).

· Chairman of the House Foreign Relations Committee

None of these Chairs include the many Subcommittee changes in both House and Senate, as well as Ranking Minority Member jockeying that will be decided in the 60-day period. Having access and support by a new Chairman and their top Majority Staff Director, or Minority Ranking Member and their staff, is a plus for securing support during the 1st Session of the 117th Congress.

The US Senate is scheduled to reconvene after the election (Nov.3rd) on Monday, November 9th until the 13th (with one day off, Nov 11th Veterans Day. The House is scheduled to reconvene November 16th through November 20th, and these two weeks are the maximum influence targets for November. This includes a similar two-week period in December for the House (December 1-11th) and the Senate (Dec.14-18th). These schedules, however, are very flexible this year, as the Fiscal Year 2021 Continuing Resolution funding the entire government runs out midnight Friday, December 11th. In past years this “CR” has been extended and might still be until December 18th or even up to Christmas Eve! Since the “old” Congress will be working and still in place voting until the end of the year, “possibilities” for legislative influence are at their greatest point for the entire Congress. For example, the following are options to move positions and policies during this period:

· If your bill is somewhat noncontroversial and bipartisan, a great option in the House is to bring it with leadership approval for a “suspension” calendar to pass without a vote. The same might be true in the Senate utilizing a “UC” Unanimous Consent motion.

· Attach your provision as an amendment to a much larger bill. I have often secured a small provision, either funding or policy, to a huge 3,000-page bill that needed to pass at the “end game” and was sent to the White House to be signed into law.

· If you want to delay or defeat a bill that is contrary to your goal, it is much easier in the 60-day period to do so by threatening to “hold up” other bills in procedural tactics, with supporters in either body. There is little time to maneuver and the bill will die if not passed by the end of this Congress, forcing it to be introduced all over again in 2021-2022.

· One can urge passage of provisions in a House-Senate Conference Committee that is convened to decide the fate of pending bills. These are very much in vogue during this 60-day period. Conference Committees final decision usually is not amendable and passes quickly to the White House.

The “end game” of these 60-days has other attributes, aside from the Thanksgiving and Christmas holiday season. It permits influencers to reach out to new Members of the House and Senate, as well as their top staff, to establish a relationship and a working ability for the next Congress and years beyond. This is contingent on their 2022 re-election potential, as well as Committee assignments. All new House Members have orientation sessions and each party during this period provides a “retreat” for their newer Members on 2021 policies to review. While leadership controls these events, they are important avenues for influence. In addition, the following are also important to build a relationship.

· Fundraising and contributions to returning and new Members to “retire” campaign debt and start raising money for the 2022 races.

· Introduce new top staff to potential employees for their offices to interview and possibly hire (providing an avenue for influence).

· Coordinating a trade or professional association to present their views for the 117th Congress to the new Member, especially back in their District showing constituent connections.

Despite the short length of time, the next 60 days are critical in organizing what influence can be made to both present and future legislation, policy, and actions of the retiring 116th Congress and new 117th Congress. Are you ready for the “end game?” The McKeon Group is.

John Chwat is a Senior Vice President of the McKeon Group, he can be reached via email at johnchwat@mckeongrp.com or on the phone at (571) 447-5001.

Chairman's Corner November

Wed, 11 Nov 2020 18:57:35 GMT

As the 2020 Presidential election comes to a close, it appears that Joe Biden will become the 46th President of the United States . As the American public waits with anticipation for the final votes to be counted, one thing is for certain, these are troubled times for our great nation. When the final results are in and the curtain finally closes on one the most contentious elections in our history, the political strife we have seen grow over these past four years will not simply disappear. The results of this election will bring joy and relief to one side, and resentment and dismay to the other. We have seen what this political division has done to our country. Differences that once were chalked up to political disagreements or policy disputes, have grown into open animus. We have seen neighbor turn against neighbor and longtime bonds of friendship dissolved over which side of the political ticket someone chooses to cast their ballot. We have seen family members disown one another because of who they supported for the presidency. The differences between us appear to be growing and battle lines being drawn.

In times such as these, it is paramount that we remember that which unites us is far greater than that which divides us. It has been said that no outside threat could ever conquer the United States; only a threat from within could bring this nation to its knees. We see the truth of this statement more and more each day. A united America is a strong America, but as we continue to allow politics to seep into every aspect of our lives, our strength wains. Now that we know which candidate will be President for the next four years, we must work towards repairing the familial bonds that once ran strong between Americans. We must restore the good faith that once existed between citizens of this nation who held differing political ideologies. The good faith where Americans understood that most people want what is best for this nation and her people, although they may disagree on how to achieve that goal. We must move away from this false dichotomy that we have created where individuals can be defined as “good” or “evil” based on their political leanings. Few things in this world are so clearly black and white; rather, we must learn to see the shades of grey that make up each individual. This is what each American must strive to accomplish. It will not be easy. It will take patience, understanding, and the willingness to accept that we will not agree on everything. Perhaps most importantly, we must remember that we are all Americans. If we can do that, this nation will step back from the ledge and return to a time when the words “We the People” were a more commonly valued refrain.

All the best,

Buck

Chairman's Corner October

Tue, 06 Oct 2020 19:35:01 GMT

Protecting the core principles of the Constitution should be the paramount objective of all Americans, both public and private. In any era of American history, these core principles on which our nation was founded, must transcend politics. Although specific topics may stir up strong political feelings amongst those with opposing ideologies, this cannot dissuade us from discussing issues that cut to the core of our founding principles. We must faithfully protect these principles that have allowed us to become the symbol of democratic governance around the world. This current moment in history is a time for such discussions.

The recent development with the Supreme Court has stirred up a whirlwind of partisan politics. This has only been amplified by the divisive and adversarial nature of our current political climate. However, it is important for all of us to take a step back and remember the purpose of the Supreme Court. Our republic functions and is sustained by a system of checks and balances. The Founders established the three branches with unique roles of their own, but each with the power and responsibility to check the other two. This is the genius of the American system. We must be careful not to allow politics to blind us to the necessity for a Supreme Court that functions above the political leanings of the day.

The justices of this Court are meant to transcend politics. This is why appointments to the Court are made for life. The Founders did not want the justices to be focused on reelection, and therefore not beholden to the ever-changing tides of the electorate. The Supreme Court’s role in our republic is clear; to interpret laws based on their constitutionality. The Justices of the Court were intended to be a check on the political whims of the day, not a reflection of them. Unfortunately, as the Court has become more politicized, the latter has become more common. This is a concerning development for our system of governance.

The over-politicization of the Supreme Court is an issue that should concern Democrat and Republican alike. Regardless of one’s political ideology, each of us should recognize the importance of an impartial Court that interprets laws based solely on their legality in relation to the Constitution. A Supreme Court that passes down rulings based on personal ideology, and not the founding documents of this nation, threatens to erode our system of checks and balances and compromises our republic. It must be said that while it may be impossible to remove all personal politics from the Supreme Court, it is a goal we must strive for. We must always work to overcome our natural flaws as humans and fight the urge to advance our personal ideologies over our founding principles. The Supreme Court serves as the guardians of our democracy and republic. Any effort to transform the Court into a political arm should give all Americans pause.

Are all Your Ducks in a Row? A Guide to Influence in the Upcoming “Lame Duck” Session of Congress

Tue, 06 Oct 2020 19:25:41 GMT

The period of time spanning from the close of national elections on November 3rd and ending on December 31st, is considered a very special time for the old and new Congress. It is a time for the institution to gather together and make key decisions which will impact policy and funding in the coming years. This short eight-week period is known in Washington as the “Lame Duck” session of Congress, but nothing could be farther from the truth. This session is definitely not “lame”, nor will move as slowly as a “duck”. Most believe that after the November election, the present Congress, composed of both returning and defeated members and their staffs, disappear and close their offices. While some do start to pack up, all members continue to have an impact and can vote on key legislation. Most observers of the U.S. Congress ignore the “end game” at the conclusion of a year and most often also ignore the last weeks of Congress’ two-year cycle. For the current Congress this will be Monday, January 4th, which will mark the shift from the 116th Congress to the new 117th Congress. However, for those who understand this complex process, the “Lame Duck” Congress is vitally important for the future. Here are some reasons to consider:

Funding the Government: The multi-trillion-dollar funding of the U.S. Government and all of the policies, programs, and procurement that this entails, is left to mid-December for a long-overdue Fiscal Year (FY) 2021 bill. The Fiscal Year began October 1, 2020, and true to the process, the detailed allocations were extended to December, based on agency funding at last year’s levels. This Lame Duck session is involved in determining final appropriations legislation, which is usually wrapped up into an Omnibus bill. This bill is thousands of pages long and incorporates all funding decisions that will last through September 30, 2021. Retiring and defeated members of Congress in both the House and Senate, especially those on the Appropriations (funding) committees, will make these decisions on provisions relating to millions of dollars in funding for projects, programs, and specific line items. The funding decisions to be made during this eight-week period will impact FY21 and FY22 for Coronavirus stimulus allocations (in many cases billions of dollars to agencies). As well as, final FY21 “Reports” language included in a final bill that traditionally carries directives and agency policies on how best to fund programs.

Consideration of Final Bills Delayed in the 2020 Elections: The end of a session of Congress such as this year will bring a host of final votes on bills that have been pending resolution during the 116th Congress. One example is the reauthorization of a host of key programs, such as the National Flood Insurance Program. Legislation in dozens of areas and committee jurisdictions miraculously move quickly to the House and Senate floors for passage and are sent along to the White House for Presidential signature.

Decisions on Congressional Leadership: The “old” Congress set to leave by start of the New Year will have considerable influence over the next Congressional leadership. This influence is not just in the committees and subcommittee chairmanships, but in the leadership itself. Many of the committees and subcommittees, where most of the work of Congress is done, have vacancies to fill within the Democratic and Republican party organizing groups during this period. While final votes by each party conference or caucus is left to the early part of the 117th Congress in January-February 2021, the races and battles for these positions are not only underway now, but decisions will be made usually during this Lame Duck session. Whoever is the new chairman or ranking minority member of a committee or subcommittee will determine key goals and positions well into the next two years.

The Lame Duck session retains the “old” and “new” members of Congress. As of the end of September, over 46 House members and 5 Senators are set to retire. To these figures are added members who will lose their elections on November 3rd. A turnover of 10-15 % in each of the 435 House and 100 Senate seats is a low figure to expect for 2020. Here are some considerations on actions during this short period:

Target new members of Congress who will be housed in a certain location that permits them to interview for top staff positions and to attend training sessions by each of the party officials. A newly elected member can be identified either before or right after the election and usually they will be accompanied by their campaign manager or close confidant. Engaging early with them, is a key. Some of the new 117th Congress members are already identified. For example, House members who have won primaries in districts that overwhelmingly elect that member’s party to office. There are also returning members who will not lose their elections this November. There is also a smaller group of House members (in the range of 40-50 members) in marginal or open seats. These are key members to follow for influence. New members can be encouraged to compete for various committee appointments by State Congressional leadership, as well as to introduce 2021 issues.

Influence old members with positions of power. Before they leave, members of Congress in the “Lame Duck” have votes and the ability to finalize programs and project priorities. Provided they have been influenced during this present Congress, final decisions that they can bring to bear will be undertaken during this end of session.

During this November-December period, it is most important not to forget the governmental process and the influence of departments and agencies going forward. The following are key items to consider:

All departments and agencies should have their “pass-backs” (last-minute requests for reconsideration) on FY 2022 programs by the Office of Management and Budget. A key date is at the end of November following the Thanksgiving holiday. This is usually a deadline for decisions on the next fiscal year budget that the White House will be presenting to Congress after the State of the Union in February 2021. However, this November 3rd “might” be a transitional period for a new Administration. In this case that budget will be dead on arrival as the new President will change these recommendations. Most influencers have been careful to create presentations and positions on the next year's budgets for their various programs and policies during 2020.

Transition Office: Should November 3rd bring a new Administration to Washington, the transition offices will be working very hard in those eight weeks to select Department and Agency officials (and top staff) for appointment after the swearing-in of the new President. Transition offices and I have been through many of these over many decades and understand how critical they are for influencers to make presentations to and target new government officials on key policies for the coming four years.

This coming November-December 2020 “Lame Duck” session can be fraught with exceptions to the typical transitional rules. For example, in 2018, there was an appropriations allocation that was signed into law by the President for the following year (FY2018, Public Law 115-141, signed March 23, 2018). This was almost six months after the start of the fiscal year. In the past, most of the fiscal Omnibus Public Laws were signed by the President in the period before Christmas in December for FY 2016, 2012, 2008; all transitional years. Despite these and other factors, those who are prepared for the rushed and critical decisions to be made in the eight weeks after the national elections will be successful. Are you prepared? The McKeon Group is!

John Chwat is a Senior Vice President of the McKeon Group, he can be reached via email at johnchwat@mckeongrp.com or on the phone at (571) 447-5001.

Embracing the “New Normal”: How the McKeon Group has Utilized Telecommuting and Virtualization to Create an Effective Internship During COVID-19

Tue, 06 Oct 2020 19:05:17 GMT

COVID-19 has forced many businesses worldwide to adapt to the new way of working and surviving during the Pandemic. The adoption of online telecommuting will continue to persist post-pandemic. The McKeon Group now embraces virtual learning for a team of interns, also referred to as "Research Assistants". These interns compete for positions within the firm from various colleges and universities around the country. They attend daily interactions and are trained and mentored by our Senior Vice President, John Chwat, and I. Both Mr. Chwat and I bring unique knowledge and experience to the McKeon internship program. Mr. Chwat has 45+ years of expertise, and I have worked in education and mentoring students for over a decade. The McKeon Group empowers telecommuting for its staff in serving client needs and objectives. This reality has forced a new work and learning environment plan and technology for the McKeon Group.

The McKeon Group realized early in their transition to telecommuting and virtual learning for their interns that this will be an essential component of any daily work schedule. Something many organizations thought of as a choice has evolved into a secondary plan for future operations. Virtual tours have been a flexible and positive attribute to the McKeon interns. The McKeon Group has expanded its virtual tours to allow future and upcoming interns to explore different virtual experiences; some included are The National Museum of the Marine Corps, the Pentagon, and the Library of Congress. The newest tours added to the McKeon virtual learning repertoire include; the National Infantry Museum at Ft. Benning, National Museum of the United States Army, National WWII Museum in New Orleans, and the U.S. Army Airborne and Special Operations Museum.

The McKeon Group has provided a positive environment for virtual learning; they have seen how online telecommuting and virtual tours can enhance the organization's needs and demands, leading to the widespread implementation of high-quality work performance.

Most museums and places for public gathering have closed due to the Pandemic. The virtual tours we are initiating each semester for our interns provide a new experience that many are now discovering using this technology for educational and informational activities. The McKeon Group provides a unique national defense and military focus for our virtual interns, as our Chairman, Buck McKeon, was the former Chairman of the House Armed Services Committee.

The pandemic scare has led many organizations to make drastic efforts to provide their interns with virtual online learning experiences and continued connections with the organization and staff. Still, the McKeon Group has adopted a way to implement this learning into their work objective. Virtual learning has placed a highlight on the wanted need for all interns to have access at home or on campus to the devices needed to access the internet connectivity required for online learning and participation in the organization.

Kim Cox is an executive assistant and the intern coordinator at the McKeon Group, she can be reached by email at kimcox@mckeongrp.com or on the phone at (571) 447-5000

The McKeon Difference: The Benefits of Interning with the Best

Thu, 17 Sep 2020 13:20:54 GMT

With the ever-increasing competitiveness of the modern job market and more jobs requiring on-site work experience, internships have become crucial for young people entering the workforce. Internships serve as an introduction to professional life, where an individual can begin to learn the inner workings of an industry and the skills they will need to be successful. However, as internships have become more common, some have come to view them as cursory rather than valuable. Nothing could be further from the truth. Internships play a pivotal role in both professional and personal development. They allow an individual who has just begun to enter the workforce to gain experience by actually working in a job they hope to make a career.

If done correctly, internships can be a symbiotic relationship. When designed and managed properly, an internship works to benefit the employee and the employer. The employer gets to deepen and diversify their potential labor pool, while at the same time gaining the opportunity to evaluate potential employees in a controlled environment. On the other hand, the employee gains practical work experience, which they can use to launch a career in their desired field. While most internships in the United States do not provide monetary compensation to their interns, many other benefits emanate from the arrangement. Internships not only provide crucial work experience that many jobs require, but also allow an individual to see if the career they are pursuing is right for them. Once again, this is contingent upon the internship being conducted in a manner that benefits both parties. If the employer uses their interns as glorified errand-runners, having them only complete monotonous tasks such as fetching coffee or sorting the mail, then that internship is neither productive nor worthwhile. However, if the intern is given meaningful assignments and properly mentored, then an internship is one of the most beneficial experiences a young professional can have.

The McKeon Group is a prime example of how to effectively utilize an internship program. Prior to my employment at the McKeon Group, I was an intern with the company. I chose the McKeon Group precisely because of how they structured their internship program and the value they placed on developing their interns for the workforce. There was a very distinct moment when I knew the McKeon Group was where I wanted to complete my internship. I had just had an informational interview with another company about their internship opportunities. I asked them what my role would be and what kind of assignments I could expect. I was told I would work on some small clerical projects for the company, but I would also have to perform “traditional intern tasks, such as cleaning out the fridge, getting coffee, and sorting the mail.” This internship provided monetary compensation; however, the meager compensation could in no way replace the value of a robust work experience. The more I thought about the position being offered, the more I realized that this “traditional” internship would not positively impact my career. How would sorting mail and fetching coffee help me reach my goals? Thankfully, I also received a call from the McKeon Group the next day and talked to the Senior Vice President, John Chwat. I asked Mr. Chwat the very same question I had asked the previous company. The response he provided was the exact response I had been waiting to hear. He told me I would conduct research for clients, draft memos and reports on important issues, and learn the intricacies of the legislative process and corporate advocacy. I remember thinking, here is a company that will help me grow and develop into the professional I strive to be. I saw in the McKeon Group an opportunity to make a significant, positive impact on the company through my work, and more importantly, learn the skills needed to be a professional in government relations.

The McKeon Group is a unique environment comprised of individuals with vast knowledge and expertise. I spent the three months of my internship learning as much as possible from those around me. The entire staff, from the senior leadership down, not only treated me as a valued member of the team, but were truly invested in my development. My internship taught me a great deal more than I ever could have hoped to learn from my collegiate experience alone. When I eventually made the transition from intern to employee, I possessed the skills and knowledge I would need to be successful. Having now worked for the McKeon Group as a full-time employee for four months, I have never felt out of my depth or unable to handle the demands of a professional workplace. This is largely due to the experience and knowledge I gained through my internship and the incredible support network within the company. Even with all the knowledge I have gained through my time as an intern, each of us can always learn more. I am thankful that I work for a company where individuals not only possess the knowledge and skills to help young professionals along, but also the inclination to do so.

Ethan McComb is a former intern and currently an associate at the McKeon Group, he can be reached by email at ethanmccomb@mckeongrp.com or on the phone at (571) 447-5000.

“Waiting” is Not an Option in the National Defense Authorization and Appropriation Process

Thu, 17 Sep 2020 13:14:27 GMT

The next 120 days until the end of this Second Session of the 116th Congress will decide many NDAA and DoD funding issues now finalized in the House (HR635) and Senate (S.4049) versions of the Authorization bills, and the yet to be finalized DoD Appropriations legislation (only the House passed HR7617). Waiting for the “Big 4” Conference Committee and influencing leadership and Conference Committee appointed Members in the House and Senate is, of course, always an option. Reviewing the last six years of NDAA and DoD Appropriations bills signage into law confirms the overwhelming number of them (5 out of 6) signed into Public Law (PL) at the end of the calendar year and certainly not at the beginning of a Fiscal Year (Oct.1). This trend will be the same for FY2021 NDAA and DOD funding.

Within the next 120 days, there are numerous options to engage, aside from the endgame of Conference Committees between the House and Senate for both the NDAA and DoD Appropriations legislation. Key among these options is to target decision-makers in the Congressional process. This usually includes Chairs and Ranking Minority Members of Committees and Subcommittees, as well as Members in both the Senate and House who will be returning to the 117th Congress in January.

It is also important to keep an eye on the 2020 national elections for November 3rd and the key national defense committees and leadership. Influencers always review potential new Congressional leaders, either Democrats or Republicans, depending on who takes control. Key races with candidates or incumbents who have military related backgrounds are also essential to monitor. Additional options in the limited Congressional time the next 120 days to watch include the following:

Depending on critical events, conflicts, or disasters, Congress will consider supplemental funding bills to the current Fiscal Year allocations. A supplemental bill provides an additional opportunity for influence. As recent as the last seven months, Congress has allocated TRILLIONS of dollars (and policy objectives) in a series of 3 FY2020 supplemental appropriations “stimulus” bills. This is usually done at the “discretion” of higher officials within agencies. DoD is included in these bills, and significant funds have been allocated (including in the Defense Production Act areas).

DoD has regularly sought to inform and request Congress (Armed Services Committees and Appropriations Committees) to approve on reprogramming of Fiscal Year funding and requests for specific program changes. These reprogramming requests have time deadlines and provide an additional option within a Fiscal Year process for influence;

Inclusion of DoD related policy and authorizing objectives in different Congressional bills unrelated to NDAA or the appropriation process. A good example in recent Congressional actions is the inclusion of amendments to Title 10 (impacting DLA/DoD implementation of a 1033 Law Enforcement Surplus Property prohibitions) provisions in a Police Reform bill (HR7120) not part of the NDAA. Attaching legislation and funding can appear in unrelated military bills;

In addition, the decisions on NDAA and DoD appropriations during this 120-day process almost always involve multiple bills in the funding cycle called “CR’s” (Continuing Resolutions) which fund the DoD. The funding is usually at the same rate for programs as the past FY that has expired. In this case it would be FY2020 levels, after September 30th, if no resolution of the FY21 process is completed. This is done from one date to another until the final bills are approved along with “Omnibus” bills, which include many funding bills wrapped together in a large “package”. Last year, this was done with DoD appropriations “linked” with Labor, HHS, and Education funding legislation.

However, these efforts are at the end of the process and do not consider early presentation and intervention options of influence. For example, a client once asked how decisions are made in the formulation of NDAA and DoD Appropriations bills? The following are critical aspects to answer this inquiry:

Most funding or policy objectives should start within the DoD structure, services, and leadership with integrated presentations at the OMB/ White House, and related Federal agencies if applicable (such as the US State Department). The DoD and NDAA process should begin two years before budget execution.

Influencers in these early stages of options know the process of a POM (Program Objective Memorandum) and how to secure inclusion of a goal in a POM21(FY21), for example. This is also the early timeframe to create funding objectives for PE (Program Elements) line item systems and programs, all within the DoD community.

The goal in these early stages is to secure support for inclusion of one’s policy, program, or line-item within the President’s Budget (PB) NDAA/DoD appropriations submitted to Congress at the start of the Fiscal Year process. This is usually done after the State of the Union in February of each year.

Commensurate with Pentagon or Service outreach, is a mandatory same track presentation and requests to three levels of Congressional targets. These would be,

-House and Senate Members: Setting up meetings directly or virtual/face-to-face with the elected official, with staff included at the member’s discretion. A follow-up with legislative assistants within the area of responsibility, as well as the Chiefs of Staff is also necessary.

-Leaders and Professional staffs on the House and Senate Armed Services Committee and DoD Appropriations Subcommittees (House and Senate): Meetings with key individuals relating to the area of jurisdiction, either at the full Committee or Subcommittee levels. Knowing the right staff to approach, with the right message, at the right time is critical to success.

-The impacted third-party: Whether this be a corporate or individual constituent, or a domestic or foreign client, it is important to understand how they are impacted by the proposal. This allows you to present to Congress the “why’s” and “how” a positive outcome will be found if support is generated.

The visitations and presentations to DoD elements have three levels of priorities for influencers on their particular program/policy or funding request. All of these are important in the process;

The present Fiscal Year policy or funding impact: For FY2020, this would be how the funds or program have been progressing up through September 30th. Is there any opportunity to provide extra funding or support within their program? Can the policy or project be supported within their present structure?

The next Fiscal Year now being decided by Congress and the President, for FY2021 (which begins on October 1st): This would be the final stages of the FY21 NDAA and FY 2021 DoD Appropriations legislation. Actions to impact the final results of these bills, both from a Pentagon and Congressional viewpoint, are key.

The future Fiscal Year: Discussions are also underway for final decisions within the Pentagon and the White House relating to Fiscal Year 2022, which will be reviewed by OMB and the White House in November, December, and readied for the President’s final FY2022 submission to Congress in January.

For those seeking options for influence, looking ahead and planning, as well as implementing requests, is the key to success. “Waiting” is never the option. The McKeon Group is ready. Are you?

John Chwat is a Senior Vice President of the McKeon Group, he can be reached via email at johnchwat@mckeongrp.com or on the phone at (571) 447-5000.

Chairman's Corner September 2020

Wed, 16 Sep 2020 20:59:53 GMT

The morning of September 11, 2001, began like most mornings. I was at home in Arlington, preparing for the day. It was a sunny, clear sky as I looked out my window. Looking back, those beautiful early hours stood in stark contrast to the horrors that would befall this nation only a few moments later. Like most mornings, I had the T.V. on in the background as I was getting dressed. As I watched the second plane hit the World Trade Center, I straddled the intersection of disbelief, confusion, and abject horror. Like most Americans, I looked for any reasonable explanation for the horrific events unfolding before my eyes. I soon received a call from my Chief of Staff informing me that the Capital complex was being evacuated and telling me to stay home. A few moments later, a plane hit the Pentagon. I slowly came to a disturbing realization; America had been attacked.

Al-Qaeda sought to bring America to her knees on 9/11. Instead, they filled this nation with stoic resolve. The American people united. Differences in race, creed, class, or political affiliation melted away as citizens of this nation recognized one fundamental truth; underneath it all, we are Americans. I remember going home to my district following the attacks and seeing the patriotism in my constituents’ faces. This sense of unity and patriotism expanded into Congress as we passed an 80-million-dollar appropriation bill to help Americans recover and rebuild, without a single dissenting vote. It is moments like these that we are able to see the greatness of America and her people. 9/11 exacted a heavy toll, but it could not break the American spirit. When we are united, nothing can break us, and there is nothing we cannot accomplish.

We face a different threat today. This threat does not come from a foreign terrorist group, but from within. We are a nation divided. This year, we have seen a Pandemic sweep through our nation, civil unrest in our streets, and increased political partisanship. It may feel to many Americans as though the trap door beneath our feet has swung open and we are in a free fall. However, all is not lost. America is a unique nation, founded on universal truths. This is not the first time in our history where it has seemed we were slipping into the abyss. Americans have always and will always find a way. We must find it in our hearts to focus on what unites us more than what divides us. Now more than ever, we must remember that fundamental truth; underneath it all, we are Americans.

Getting The Most Out Of Virtual Tours While Coping with COVID-19

Wed, 15 Jul 2020 02:41:58 GMT

Although COVID-19 has been a damper in many organizations, it has not stopped the McKeon Group’s summer interns from making the best of their virtual learning tours. During the Summer of 2020, four students have participated in a unique Tele-Internship program, overseen by John Chwat and Kim Cox, in which they attend Congressional hearings, government seminars and think tank presentations and do research and have Hill interactions all in a virtual setting.

To enhance this experience, we coordinated a virtual tour of locations our interns usually visit during their stay with the McKeon Group. These included the US Marine Corps Museum in Quantico, VA, the Pentagon and the Library of Congress in Washington, DC. Experiencing virtual tour opportunities, interns meet the challenges of thinking outside of the box, leaving footprints for future interns to follow.

Eleanor Duncan, a McKeon intern who attends Brigham Young University, said, "Taking time to virtually tour important American monuments and museums made for an enjoyable morning of work! It was a very different and unique experience than touring in-person. Admittedly, I am sometimes the worst at taking my time when walking through museums or exploring monuments. I tend to walk through very quickly, and I sometimes forget to take the time to read about the exhibits or meaning behind monuments. I enjoyed the narration in the National Museum of Marine Corps; it was simple, informative, and moving. I gained a new appreciation for the history of the Marine Corps through the beautifully constructed Museum and monuments within. The Legacy Walk was a unique way to display the parallels between this nation's events and Marine events. It is a clear way to show that the preservation of freedom is interwoven with national and global events". Mitchell Bertonneau, another Brigham Young University student said, "This has created a great opportunity to grow for me, taking skills that will significantly benefit me in the long run.”

Virtual tours show the full picture of un-missed things

Besides visiting the location itself, to gain insight, you can highlight the exhibits in full details in connection with your tours. Virtual tours could include areas that are typically missed during the building tour, such as in-depth details and history about the exhibit itself. It allows for visualization of the space, better than individual photos or videos could. Photos and videos, of course, can still be integrated into the tour as secondary findings. The tour itself, in all its 3D and virtual reality glory, offers a more narrative, linear opportunity to appreciate the details.

Grace Dean, a McKeon intern who attends Notre Dame said, "My favorite part of our virtual tour was exploring the Library of Congress. While navigating the plethora of rooms, I thought about how many pieces of artwork depicted themes and values that guide the American Government today. In a sense, art added as much meaning to the Library of Congress as the books themselves. Murals, statues, and paintings served as a cultural crossroads reflecting America's robust history and unique place in the world. Learning about the location of historical books with intricate art collections made me even more in awe of the wealth of knowledge our nation presents. I'm so glad for the opportunity to explore different DC landmarks--albeit virtually--alongside my fellow McKeon Group research assistants".

Virtual tours are immensely flexible. They allow for both approximations and enhancement of in-person events. Whether you use them to replace your field trip online or to replace group projects altogether, they can accommodate either. Of course, the experience won't be identical to the entirely in-person events that were the norm before the current pandemic hit. But through careful planning, virtual tours can still achieve great experiences and learnings.

Meanwhile, after talking and gatherings the opinions of the Research Assistants, all agreed that nothing beats visiting these locations in person; however, virtual tours are more than just shine. Done right, they're accurate representations of the venue in every way and that comes down to the measurable indicators. Gabriella Bettino, a McKeon Intern who attends Carnegie Mellon University, said, "I enjoyed the Marine Corps Museum. My grandfather and my cousin are both Marines, so this branch holds a special place in my heart. I've always known how effective they are and the great work they've done during various military campaigns throughout history. Still, the exhibits in the Museum helped solidify my mind in their role throughout American Military History. Next time I am in Northern Virginia visiting my family, and the Museum is open, I am adding a visit to my to-do list! I think that the ability to visit virtually is impressive.”

Kim Cox is an executive assistant and the intern coordinator at the McKeon Group, she can be reached by email at kimcox@mckeongrp.com or on the phone at (571) 447-5000

Defense Small Business Manufacturers Need A “Small” Legislative Boost

Wed, 15 Jul 2020 02:41:55 GMT

Small business manufacturers need our help to remain competitive within the national defense sector, despite recent Congressional consideration and passage of several lengthy bills. Without change, these firms cannot viably compete for Department of Defense or related military contracts, due to SBA regulations inhibiting their ability to secure these contracts. Additionally, with COVID-19 impacts on small businesses, jobs, and federal contracting, we face a host of related issues in keeping our small business community alive and well. The challenge we face directly relates to enhancing competition within the defense contracting community. We have an opportunity to encourage more small business manufacturers to provide critical technology and services for our national defense. Unfortunately, due to regulations determining what the size standard is for these small business manufacturers, small business manufacturers require a small but important change to the statutes.

H.R. 4702, the “Small Business Size Standard Manufacturing Clarification Act,” is a one sentence, five-line bill introduced by Rep. Trent Kelly (R-MS), a leader on the House Armed Services Committee. It has a large impact for thousands of small business manufacturers who compete for federal contracts against much larger corporations, many in the defense and national security area. H.R. 4702 is still pending in the Small Business Committee. Congress has passed several bills to the Senate that assist these small business manufacturers, but efforts do not go far enough to impact their needs.

The present requirement for these small business manufacturers includes the average employee payroll for only a 12-month period. It is difficult if not impossible for them to plan and secure larger contracts based on just 12 months—a longer period is needed, which is embodied in H.R.4702, to up to 60 months. Defense related small business manufacturers need that extra time to justify their small business designation due to changes in technology and competition from much larger corporations. Size standards for both revenue-based and employee-based small business manufacturers (H.R. 4702) have not been updated to a level that recognizes the changes in the current marketplace for defining small businesses that support the federal sector.

Only recently, the U.S. House has passed H.R. 5130, which sought to raise this standard to 24-months, a good start but still not sufficient for accomplishing the purposes of supporting small business manufacturers, especially in our national security sector. The 60-month average payroll standard supports research and development, represents a significant portion of the DoD services spent and includes the most technically challenging support services. A one-year rolling average simply results in companies that outgrow their size in one month, only to find themselves small again with the loss of one contract within a short time period. In fact, especially in the defense industry, a company that grows to 1,600 employees almost immediately finds itself competing in a market with companies with well over 25,000 employees. Just like the companies in the revenue-based, small businesses in the employee-based need time to grow and mature and develop a strategic path for success. A five-year rolling average is essential for stabilization and growth for companies in the employee based. Companies build their strategic plans and invest in capturing work in the Defense Industry based on the contract lifecycle. A contract in R&D represents some of the more highly complex R&D services and products, so the contract lifecycle is typically five years and it takes an average of two to three years after a requirement is officially identified for contract award. A company must work two years ahead to be prepared to be competitively selected and propose on these efforts. Based on these timelines, five years is a minimum for this type of environment and ensures adequate competition that will drive a competitive cost structure and increases the utilization of small businesses within the contracting programs. With a 12-month average, the large majority of companies that are struggling to grow from small to large have not made a significant leap in employee count that was steady for an extended period. Instead, they go up and down over the 12-month period which makes it very difficult to prepare to bid on solicitations that may be set aside. The Department of Defense, as well as the entire Federal Sector, recognize the challenge in incentivizing companies to innovate technologies, while recruiting and retaining passionate scientists and engineers.

Without H.R. 4702, it will be difficult to maintain a stable base of small companies to help meet that critical need. I urge the House to approve the longer period as being in the best interest of small business manufacturers and to provide fairness with the non-manufacturing small business community, who has the ability to provide the average gross receipts for a 5 year period to prove their small business size standard classification. As the U.S. Senate and our colleagues in the House consider changes to the Small Business Reauthorization Act this Session, the McKeon Group is urging Congress to address this 60-month period as being in the best interests of small business manufacturers that will provide a much needed boost to the small business community serving our defense and national security priorities.

The McKeon Group is leading an effort to address this small business defense manufacturer issue as the Congress decides whether to reauthorize the Small Business Act and address the 12-24-60 month options for these struggling businesses.

John Chwat is a Senior Vice President of the McKeon Group, he can be reached via email at johnchwat@mckeongrp.com or on the phone at (571) 447-5000.

Chairman's Corner - July 2020

Wed, 15 Jul 2020 02:41:52 GMT

This year marks the 75th Anniversary of the conclusion of World War II. This Anniversary provides every American a unique opportunity to reflect on the incredible bravery and heroism of the men and women who took up arms and halted the spread of tyranny throughout the world and the odious ideologies that accompanied it. These Americans were a rare breed. They left the safety and comfort of their homes to cross oceans and fight for our Nation’s principles and ideals. The ideal that freedom is an innate human right and that no person should hold dominion over another. They charged head-long into the turmoil that is war, to rid a continent of oppression and subjugation. They came to liberate, not to conquer. They deserve more gratitude than we could ever hope to bestow upon them. Sadly, we are running out of time to express this sentiment. According to the U.S. Department of Veterans Affairs, only 300,000 American WWII veterans are alive in 2020. That number dwindles more and more each day. Time is the bane of all and eventually these great patriots will continue only as a memory, but it is a memory we must preserve. We do this by learning their stories and knowing our history. These heroes live on through us and it is up to us to ensure their valor and sacrifice are never forgotten. In that spirit, let us take a few moments to talk about this heroic struggle and remember the men and women who sacrificed so much to ensure that the light of liberty would never fade from this Earth.

All the best,

Buck

Congressional Summer of 2020: Proxy Voting in the House and New Influence Tactics—Are you Ready?

Fri, 05 Jun 2020 02:53:40 GMT

For those who have been in and around Congress prior to 1994, over 26 years ago, the process for decades in House Committees you could hear the Chairman say, “ Yes by Proxy…Yes by Proxy…”, and it was for decades the rule that leadership held these proxies, usually paper ballots signifying the absence of a Member and the Chairman was given the “power” by these Members to vote anyway leadership desired, without their presence in the room. According to procedure and precedent, the Minority usually lost during Markups or votes. Many bills “died” or were changed during proxy voting markups. When the GOP took over House Majority status in November 1994, proxy voting was eliminated after January 1995. It has now returned 25 years later with a major “upgrade” to include proxy voting on the House floor in which up to 10 Members can designate another Member to vote and “hold” their proxies. The Chair of the House Administration Committee, Rep. Lofgren (D-CA) is required to issue a Report soon on the “feasibility” of Members to remotely vote without being in Washington, DC. This would be a change from the 230-year tradition of Congress.

On May 15, 2020, critical changes by the US House were approved by a highly partisan vote of 217-189, with a margin of passage by only 28 votes out of a total of 433 (2 vacancies were recently filled). Twenty-nine House Members were not present and voting in the Chamber. These House rule changes for floor and committee procedure, at least until the end of the 2nd Session of the 116th Congress, will have profound impact on government relations strategy, and every House hearing, markup and final bill action in the next 90 days and certainly beyond the August recess, (For details on rules see pages H2257-58 of the May 15th, 2020, Congressional Record and H.Rep.116-420 and H.Res.965 floor debate of May 15th, 2020).

The following key considerations for any US House strategy on legislation or Committee hearings or actions need to be considered in the next very busy 90-day period:

The rule for these proxy changes takes effect May 15th and will last 45 days until June 30th. It can be extended for an additional 45 days by the leadership which would run until August 14th
Voting by proxy without coming to the House floor, there is a procedure that permits a Member to “designate” another Member by letter to the Clerk. Up to 10 Members can be voted by one Member, and while the Rules detail the requirement for instructions on how to vote (yea, nay or present), if the instructions cannot be done in a “timely” manner, a Member or his staff can transmit by telephone
Committee actions, such as voting on markups of bills, can be done with proxies and technology installed to permit Members to view or participate in public hearings, issuing reports, and more without ever being in Washington, D.C.

June and July 2020 portend to be an extremely important 60 days for this Session of Congress. During this period,

Final disposition on H.R. 6800, the $3T 4th FY2020 Stimulus passed on May 15th in the House, will be considered either in part or in whole;
Fiscal Year 2021 House and Senate Markups of the various Department and Agencies appropriations bills will begin;
Various bills in the House and Senate will be considered for passage in Committees. Over 3,600 bills have been introduced since January, and many bills have passed the Senate and are pending in the House;
The House will return around July 21st, the Senate is in Session, the political conventions are scheduled for August, and the national election is this coming November 3rd. With all of this activity, there is little time for the Congress to consider issues prior to the September 8th return after Labor Day.

Every trade and professional association and corporation, as well as the thousands of registered lobbyists, law firms and other organizations that present their issues to Congress, must quickly be able to meet the challenges presented with these new Rules. While we do not know if the procedures will change back to “regular order” after September, chances are that they will not until the November 3rd national elections decide the Majority Party for the House and the formation of the 117th Congress to start in January 2021. These are significant changes. Just a selected few are as follows:

For House Voting:

It is conceivable that 30 House Members, perhaps in the Majority leadership including the Whip organization or Committee Chairs, would be able to hold 10 proxy votes and pass most legislation without many Members ever coming to DC. While voting now permits majority rule, it becomes problematic as to targeting which Members for votes;
Staff that stay behind in the Member’s DC office while the Members are not in the Capitol complex may begin to have more influence in interacting with leadership or making decisions—even more so than they do now. In fast breaking amendments on the floor, the rules now permit staff to interact with leadership on voting “instructions”;
House members wishing to speak on the floor or interact in the “cloakrooms” off the floor with their colleagues may be relegated to talking on a screen via video technology, resulting in a lacking of the human, face-to-face or personal discussions on voting or policy which are so important in the legislative process. How best to influence those in DC and outside DC becomes a critical component of any lobby strategy.

For Committee Actions:

While the final Committee redrafting of proxy and other rules have yet to be presented by each Committee, it is anticipated that Committee Markup sessions, including the Chair’s Mark bill and the Member presentations of amendments to the House Rules Committee, will require changes in targeting and actions.
The importance of the House Rules Committee becomes even more critical in this environment. For example, when the House Armed Services Committee presented their National Defense Authorization bill (NDAA) last year, over 400 amendments were requested in Rules. Hundreds were rejected, but hundreds were also included. Member support for amendments face to face is now curtailed and new strategies must be implemented.

In short, with these rules, the House has changed the dynamic of government relations on Capitol Hill, especially in an unusual and unprecedented process where a FY supplemental in the trillions of dollars is pending final outcome, coupled with a regular FY two trillion dollar federal budget target for October 1, authorizing laws expiring, and a pandemic—there is more; however, it is important for the readers to know that the McKeon Group understands these dynamics and can be helpful in charting a positive outcome for clients.

Editor's Note: A previous version of this article stated that the year proxy voting began in House Committees was 1993. Proxy voting began in 1994.

John Chwat is a Senior Vice President of the McKeon Group, he can be reached via email at johnchwat@mckeongrp.com or on the phone at (571) 447-5000.

Congratulations to Rep. Mike Garcia!

Fri, 05 Jun 2020 02:44:20 GMT

On May 19th, Rep. Mike Garcia was sworn in to the U.S. Congress, representing the 25th Congressional District of California.

Garcia attended the U.S. Naval Academy, nominated by Chairman Buck McKeon, who represented the 25th Congressional District for more than 20 years.

Garcia’s victory marks the first time a Republican has won a seat held by a Democrat in California since 1998.

The McKeon Group Announces Summer 2020 Class of Research Associates

Fri, 05 Jun 2020 02:37:58 GMT

The McKeon Group announced today the new research associate class for the Summer 2020 session. The mission of the program is to make Washington, D.C. accessible to future leaders around the nation and to prepare those devoted to public service for future leadership opportunities. The program provides a unique opportunity to gain valuable professional experience, first-hand knowledge, and build leadership skills.

Due to the COVID-19 Global Pandemic, the McKeon Group has allowed the class of research associates to work remotely in a safe manner from home, while still engaging with staff at every level.

The below list includes the Summer 2020 research associates, their hometowns, and the higher education institution they most recently attended:

Gabriella Bettino - Surf City, New Jersey. Gabriella is a graduate student at Carnegie Mellon University.

Mitchell Bertonneau - Richmond, Virginia. Mitchell is a student at Brigham Young University.

Grace Dean - Noblesville, Indiana. Grace is a student at Notre Dame University.

Eleanor Duncan - Charlotte, North Carolina. Eleanor is a student at Brigham Young University.

Kim Cox is an executive assistant and the intern coordinator at the McKeon Group, she can be reached by email at kimcox@mckeongrp.com or on the phone at (571) 447-5000

Chairman’s Corner – Memorial Day 2020

Fri, 05 Jun 2020 02:27:46 GMT

On Memorial Day, our nation remembers all of our fallen soldiers who died for our country while serving in the Armed Forces. It is important that we take pause to honor these brave men and women who have made the ultimate sacrifice for our great nation. Without their service we would not be free to do all the things we hold so dear. Our nation’s military is the best and strongest in the world. They keep our country free and prosperous, and to them we owe everything. Thank you for your service!

I also want to take a moment to address the COVID-19 Pandemic. It’s been difficult for us all, especially for those on the front lines.

We need to do our best to stay connected during these difficult times, even if we must be physically apart. We have to support each other, and not allow ourselves to succumb to feelings of fear or hopelessness.

Things will likely get worse before they get better, but they will get better. We will recover as a community and be stronger for it. Please continue to practice physical distancing during this time and continue to be an example of love and hope to others.

All the Best,

Buck

Follow the Money: Coronavirus Stimulus, Congress and FY 20-24

Tue, 21 Apr 2020 15:52:18 GMT

Whoever said that Congress is dysfunctional and unable to move quickly with legislation probably misspoke--in the space of 21 days, three huge funding bills were passed and signed into law at the White House dealing with the Coronavirus--the first "stimulus" (PL116-123)was an $8.3B bill enacted March 6, 2020, the second bill (PL116-127) was enacted March 18, a $104B funding bill, and the third, the CARES Act (PL116136) enacted just 9 days later, March 27, was $2.2T. Despite the speed and consideration of these bills (and more to come) dealing with our present health crisis, the allocations of federal funding span jurisdictions and avoid the regular order of the Congressional process--especially the appropriation cycles.

Most of America is focused on the Small Business Administration (SBA) and Treasury Department loans and grants to our private sector, as well as the funding for the health community to meet these challenges. However, there are other aspects that need to be considered going forward for those that seek to influence the US Congress (and government) on fiscal year funding programs.

These include:

Included in the CARES Act, is a "Division B" buried within hundreds of pages of legislation, and seeking to apportion hundreds if not billions of dollars to federal departments and agencies throughout the government. These funds are Supplemental for the Fiscal Year 2020 (which Congress has already passed a bill impacting spending until September 30, 2020, of over $4.80T.).A review of these provisions, department by department, have in some cases permitted the funds to be available until September 30, 2020, or 2021 or even up to 2024! The impact of an agency now having huge amounts of monies available through FY25. Each Department now has additional funding beyond their FY2020 requests already mid-way through their spending allocations.
Using the US Department of Agriculture (USDA) as one example, we find in CARES that at the discretion of the Secretary, over $9.5B has been presented to him for spending ($8.8B for child nutrition programs and $15.8B for supplemental nutrition). These funds are in addition to the $155B for USDA in the FY2020 budget and allocated over and above the $146B requested by the President for FY2021.
Funding allocations in this and perhaps a fourth or fifth "stimulus bill" this session of Congress in the "trillion-dollar" category, will be considered beyond the regular appropriations cycle decided at the various subcommittee and committee levels, including the regular Conference Committee considerations.

Extraordinary funding has its precedent in Congress. The most recent example would be the "stimulus" legislation, "American Recovery and Reinvestment Act of 2009," (PL111-5, February 17, 2009, which appropriated over $787B. At that time the appropriations to avoid a "recession" focused mainly on tax incentives($288B) and less than $357B for department and agency spending. The reader might recall the "shovel ready jobs" that were promised in the bill.

For those who are seeking to impact federal programs, budgets and officials for their objectives, this present environment is unique and challenging. The following are examples of new issues that make a difficult situation for impacting budgets even more difficult:

Committees are beginning to conduct business via "paper hearings" with no face-to-face witnesses in the usual witness-testimony structure.
It is yet to be decided if "proxy" voting within Subcommittees or Committees will take the place of regular "order Markups" or if the leadership of both the House and Senate will decide on voting procedures away from the Capitol;
Staff interaction has necessitated email or phone contact, and in many cases lack face-to-face meetings, which are so important in personal relationship building;
Communications has been curtailed significantly. not just from a trade and professional association, or industry or corporate actions to Congress, but this will have a profound impact on industry groups, or even CEO or others seeking to visit their elected officials and staff directly--such as in "Days on Capitol Hill" or "Lobby Days;"
The impact of the November 2020 elections, which should have a major decision point on House and Senate control of each body by one of the parties, as well as significant leadership contests which will decide programs and direction of legislation into the 117th Congress(for 2021 and 2022).Of course, the decision on the election of the President has a profound impact for the next two to four years as well.

Right now, seeking professional advice on how to maneuver in this very complicated Congressional cycle is one key decision that anyone wishing to present their objectives to Congress might want to consider. The McKeon Group understands the process and takes the time to recommend ways to achieve goals. When the Congress decides in the next six months on how best to allocate the $4.8T proposed FY2021 budget(on top of a possible $2-3T Coronavirus stimulus, there are vast considerations on how best not just to influence the appropriators, leadership in Congress but the Department and Agency officials who have vast new discretionary decisions on these funds.

The "end game" usually reserved for the Fall and Winter seasons will be critical in Washington, DC after the November elections. These are the take-away's for this period,

In the "Lame Duck" November-December Session of Congress, when the old and new leadership decides issues, how best to influence outcomes;
In the final decision point in November/December for the Fiscal Year 2022 budget (should be over $5T) to be presented to Congress by the President in February 2021(only ten months away)how to impact decisions on this budget NOW being decided;
Who are the new leadership in Congress after November? With over 50 House retirements and many changes coming in the 117th Congress, do you know now how best to influence new leadership?

These and other issues will impact all of our lives in the next year. Safe travels and plan ahead.

John Chwat is a Senior Vice President of the McKeon Group, he can be reached via email at johnchwat@mckeongrp.com or on the phone at (571) 447-5000.

Tele-Internships Underway at McKeon Group

Tue, 21 Apr 2020 15:37:12 GMT

The McKeon Group, Inc. maintains a year-round internship program hosting research assistants from prestigious colleges and universities who receive credit for their experiences at the firm. They are coordinated in their daily assignments and projects by John Chwat, Senior VP, who brings a mentoring style of over 45 years’ experience to each researcher and fulfills the firm's requirements on research, writing, and other experiential aspects of the program.

As a direct result of the COVID-19 pandemic, many student internships have closed for the summer 2020 sessions. The McKeon Group has stepped up to the challenges of interning via telecommuting. As a result, the organization has met these issues head-on in support of our operations and client objectives.

Mr. Chwat said, "in our transition to telework for the researchers, we have found that not only are they quite productive, but having the right tools available, it can be a successful transition. Outreach to Congressional offices, government staffs, and third-party entities in Washington, DC, can be very challenging and worthwhile”.

The research assistants attend conference calls, seminars, webinars, and in every case, they are keeping busy and extremely motivated each day, mimicking their work ethics of the office. Jacob Hawkins, a McKeon intern who attends Brigham Young University, said, “The transition to working from home was a challenge at first. My apartment is not very big, and I have a one-year-old son. But after figuring out the Ring Central technology and making myself a space to work in, I was able to work just as effectively as when I was in the McKeon Group’s office. I could easily do almost anything the McKeon Group needs from right here at home.”

The McKeon Group transiting to telework has been a great benefit to the organization when it comes to keeping their interns on board with the team. However, not having an office setting, and every employee is remotely working from home is not an easy task. It requires significant planning and preparation.

Ethan McComb, a McKeon intern who attends the University of Mount Union, said, “These are uncertain times where companies are being forced to adapt to new ways of conducting business. Organizations must tread the precarious line of running a successful business while ensuring the safety and morale of their employees. The McKeon Group has done a superlative job of walking this line. We have transitioned to remote work to do our part in preventing the spread of COVID-19 and taken measures to mitigate any risk that might be associated with the virus. Remote work, by its very nature, presents many challenges and potential pitfalls. Perhaps the most common is the lack of communication and direction. This has not been an issue with the McKeon Group. I have daily meetings with Mr. Chwat in order to ensure that tasks are completed in a timely and efficient manner. This has prevented drop-in productivity and ensured that we remain an effective force for our clients. The McKeon Group’s seamless transition from office work to telecommuting is a testament to the organization’s ability to adapt and overcome. While other companies may begin to fold under the pressure of unforeseen circumstances, it is my firm belief that the McKeon Group will continue to thrive”.

Going remote brings a whole new set of challenges to the McKeon Group and its unique way of working. The McKeon Group is building a remote workforce for the first time, and Senior staff is working hard to promote successful strategies that will reflect remote work expectations and responsibilities. For instance, following and understanding a distant work outline:

Being available for all staff meetings online during their specific business hours
Being prepared with all the tools the team use to communicate and collaborate effectively with each other
Utilizing data management ensuring the team use Ring Central, Google Drive, Zoom and any other tools needed to organize and share documents and information securely among the team
Keeping up with productivity from the group and making sure each project is tracked and shared to measure the results of the workload
Maintaining a positive attitude and a positive company environment is fundamental for team engagement. Many may fear that by going remote, the organization’s environment will derail itself. However, this can be true to say, but if team leaders make an effort to maintain it and keep an open line of communication at all times, the organization will continue to survive and strive. With lots of team spirit and many creative minds, teamwork can maintain a stable organizational environment.

Kim Cox is an executive assistant and the intern coordinator at the McKeon Group, she can be reached by email at kimcox@mckeongrp.com or on the phone at (571) 447-5000

Chairman's Corner - April 2020

Tue, 21 Apr 2020 15:28:06 GMT

During my lifetime, there have been many stories shared in our family about the Spanish Flu Pandemic of 1918 that ravished the world for two years.

There exists a misconception that Spain was affected by the H1N1 flu in 1918 disproportionately, but those of us that study history will recall that the Great War was ravaging Europe at the time, Spain remained neutral in the conflict. As a neutral country, the Spanish Press was able to report on the global pandemic with fewer restrictions than their war-torn neighbors. The Spanish news dominated the global headlines with regards to the pandemic, and the name unfortunately stuck till today. It is estimated that about 500 million people or one-third of the world’s population became infected with this virus. The number of deaths was estimated to be at least 50 million worldwide with about 675,000 occurring in the United States.

It has really hit home to me seeing as we are dealing with the COVID—19 Pandemic.

My grandparents lived in the small town of Milford, Utah which is about two hundred miles southwest of Salt Lake City. My grandparents had several children. My uncle Burt, who was the fourth son to my grandparents right after my father, died of Spanish Flu in the winter at age four. The family was devastated, particularly my grandmother who was sick herself. Yet, putting aside their personal tragedy, my grandfather and his eldest, my uncle Jack, would go to each neighbor and offer to bring milk and groceries and help in whatever way they could.

I am reminded of that story when I see the news now; that even though some of us have suffered insurmountable pain there too have been so many wonderful things that Americans have done to help their friends, family and neighbors and I am hopeful and optimistic that we will get through this together.

The pandemic has caused us to experience very uncertain and tumultuous economic times. The House and Senate have passed the CARES Act, President Trump has signed it into law. Direct payments to everyday Americans have commenced and economic relief for businesses both large and small are being implemented.

To our clients and prospective clients: the McKeon Group will help them to be a part of this recovery in any way we can. We will bounce back and we will get back to the amazing economy that we were experiencing before this tragedy struck.

Our resilience and resolve as Americans are resolute.

I hope that all of you that read this continue to be blessed with good health. We will survive this, the economy will survive this, and we will be able to move forward and enjoy what we had before this thing hit us and I want you to know that we, the McKeon Group, are here to help in any way we can.

Remember to stay at home as long as your told to do so, wash your hands, don’t touch your face and follow the expert’s guidelines.

You can find more information on the response to COVID—19 here .

All the best,

Buck

Chairman's Corner - March 2020

Wed, 04 Mar 2020 04:21:37 GMT

Our country's political season is in full swing. There are constant advertisements on the radio and commercials during television programs promoting candidates. There are still two more Democratic debates scheduled to take place.

It's important for all Americans, regardless of political leanings, to get to know each of the candidates and what they stand for. In order to do that, we must all conduct our own research and not rely on what we hear in the news or read in the media.

If you are unsure where to start, registering is the best first step. It's also important to note that you should register for all elections, even those taking place on a local level.

It takes effort to understand the issues at hand and make a decision regarding which candidate will best serve our nation, but it is our responsibility to do so. Countless lives have been lost in order to provide us all with the right to vote. We must not squander it.

Best,

Howard P. "Buck" McKeon

Chairman and CEO

Fiscal Year 2022—Are you in it to win it?

Fri, 21 Feb 2020 18:44:46 GMT

On Monday, February 10th, 2020 the President released the Administration’s budget requests for the coming Fiscal Year (FY) 2021, which begins October 1, 2020. The Federal Budget books and the detailed budget justification line item volumes by agency, began an intensive set of activities which will continue well into the 2nd Session of the 116th Congress.

However, most observers and experienced professionals in government relations know that there is a simultaneous “track” well underway within each Federal Department, Bureau and agency reviewing in detail the next FY year priorities and requests—this is the FY2022 budget, which the NEXT PRESIDENT after the November elections will present after their 2021 State of the Union (February of next year).

Why focus on FY2022, when there is so much work to be done to influence outcomes in the FY2021 process? That may be true, but clients seeking to impact an agency’s budget to support their innovation, product or service or change a policy all too often do not recognize a greater “flexibility” to impact federal officials, decision-makers and Congressional influencers/ leaders in the next year’s budget. Here are some overlooked positive points to include FY2022 in the planning of strategic Federal Budget outcomes and lobbying projects:

Impacting both authorization and appropriations —the FY2022 budget preparation not only focuses each federal component to their appropriations requests to Congress, but also impacts authorizing requests. A good example of this can be found in the Department of Defense(DoD), which is heavily involved in decisions relating to a POM-22 (Program Objective Memorandum) in which the services and all DoD elements work to create FY22 budget estimates by July 30. These include very detailed PE’s line items(Program Element) that list most all projects funded by Congress. All of these DoD decisions will be presented to the House and Senate Armed Services Committees in funding requests for FY22 early next year in time for the annual, NDAA(National Defense Authorization Act) bill. These budgets will impact many committees of Congress, depending on their individual jurisdictions and can create a two level funding review process, both authorizing and appropriating.

Receptiveness by Federal Officials —The FY22 process may meet with more flexibility by federal officials seeking new innovative solutions to budget restraints, as well as changes to budget line item programs that might meet Congressional support. While a client may be intensely seeking to impact the FY21 process in the Congressional legislative arena, many more options exist in key meetings within Federal bureau’s, agencies and department officials on these types of requests. The “pressure” of Congressional decision-making is not prevalent in this next FY process, and the officials, whether political appointees or career, would be receptive.

Timing is everything! —Many clients come in and seek Federal funding well into the process—in other words, they missed the “formative” stages of presentations to the Departments of the government or Congress to INBED their product, innovation or services or policy way ahead of the cycle. Many times the FY process in the Congress has gone through the Hearing stages, and trying to change a Federal line item after most of the considerations have been made is challenging. A key aspect to requests for funding in this entire process is the fact that in recent times, the appropriations funding process for the Federal government has NOT adhered to the October 1 start date for FY’s. For example,

Last year, the FY2020 cycle was not finally approved and signed into law by the President until December 20,2019(PL116-93), almost three months late and in FY2019, the much delayed funding bill was signed into Public Law(PL116-6) on February 15th, 2019, almost five month later.
The FY2022 budget is considered throughout the 2020 year and at the end of the process, usually in November or early December, after several, what is termed “pass-back’s” -where the Office of Management and Budget (OMB) passes the requests by Department back and forth to “negotiate” areas that the White House wants changed), a final budget is approved. It is only then prepared before Christmas to be presented to Congress and the American public in early February.
There is NO impact on the FY21 budget cycle in the Congress for a FY22 request, other than to “signal” Congressional officials of a change coming up.

In the FY2022 process, there are other considerations that might be positive outcomes for client review. They include,

Increasing the funding requests for an ongoing program with the right concepts, positive impacts and outcomes desired by both the agency and Congress;
Changing policy considerations based on targeting new leaders in the Congress that “might” be selected for Appropriations or Authorizing Chairs and ranking member positions. These can be very significant, especially if anticipated majority Members and staffs will shift—The US Senate, which most probably will retain GOP control, would be an example of anticipating changes;
Reviewing significant changes in Federal officials, either retiring, resigning or being put in place by the White House-Many of these decision-makers(and some lower down the Federal bureaucracy) would have differing views on budget allocations and policy objectives that could be important in the FY22 cycle;

Finally, impacting the FY2022 funding cycle, can be of great importance in “hedging the bet” on the November,2020 national elections. This FY22 budget could be the last for the President, or it could be the first in his second term. Irregardless of the outcome, it will have key significance for client decisions.

The McKeon Group, Inc is prepared to achieve client objectives in the FY2021 AND FY 2022 process. Are you?

John Chwat is a Sr. Vice President of the McKeon Group, he can be reached via email at johnchwat@mckeongrp.com or on the phone at (571) 447-5000.

New CBO Reports Documents High Cost of Income-based Student Loan Payments

Fri, 21 Feb 2020 17:54:29 GMT

For the past several years, I have warned of the major policy flaws in the various Obama-era income-based repayment plans for Federal Direct student loans. This month, a new CBO study requested by Senate Budget Committee Chairman Mike Enzi (R-WY) and Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-TN) documents the explosive growth in the use of this repayment option and its future cost implications for taxpayers and borrowers.

Explosive Growth Since 2010 Government Takeover

The new report shows that income-based repayment plans are now projected to cost federal taxpayers more than $200 billion over the next decade. Most of this cost will be for loans made to graduate students, who are more likely to use an income-based repayment option than undergraduates. In 2010, only 6 percent of graduate student loan borrowers used income-based repayment. In 2017, that number had grown to 39 percent with outstanding loans represent 56 percent of the Direct graduate loan portfolio amount in repayment. In comparison, 24 percent of undergraduate borrowers used income-based payments (up from 10 percent in 2010) but they only represent roughly one-third of the undergraduate loan volume in repayment.

Income-based Repayment Increases Students’ Overall Borrowing Costs

Federal income-based loan repayments currently have a very liberal payment requirement. Under the law, the Education Department excludes all income below 150 percent of the Federal poverty guideline, and the monthly payment is then based on percentage of the remaining discretionary income, as low as 10 percent.

In 2020, this means a borrower earning $40,000 per year would only be required to pay no more than $173 per month if they were single without dependents, $118 per month if they were a single parent of 1 or married with one child, or $61 per month if the borrower was married with one child -- regardless of how much they actually borrowed. Compare this to the $345 per month that the typical borrower with $30,000 in undergraduate loans would pay over 10 years or $266 per month over 15 years under traditional fixed payment plans.

Thus, a borrower’s income-based payments often don’t cover the interest accruing on their loans, a sharp contrast to the former Federal Family Education Loan (FFEL) program, which required a minimum payment that was the greater of $50 per month or the amount of interest due on the loan. As a result, many current student loan borrowers’ balances are growing rather than going down over time because their income-based payments are not covering the accruing interest. This unpaid interest is being added to the amount they originally borrowed despite the fact they are making monthly payments.

CBO found that of the borrowers making income-based payments in 2012, over 75 percent owed more than they originally borrowed in 2017.

Income-based Repayment is Costly to Taxpayers

According to the CBO report, the Federal government is projected to lose 16.9 cents on every dollar of loans to borrowers who make income-based payments, in contrast to earning 12.8 cents on every dollar to borrowers who pay under fixed monthly payments. Most of this cost difference is projected to come from the forgiveness of loans made to graduate students, who can currently borrow up to the full cost of their education – including tuition, books, travel, and living costs.

The current income-based payment plans forgive outstanding loan balances after 20 or 25 years, depending on the plan, and as little as 10 years under the Public Service Loan Forgiveness plan for those working in the public and non-profit sectors continuously for 10 years.

CBO projects that over 80 percent of the loan amounts that will be forgiven over the next decade will be for graduate school borrowers. This amounts to $167.1 billion, or roughly 56 percent of the amount projected to be disbursed to graduate students during the next decade.

One staggering statistic from the report shows that graduate borrowers who borrowed the highest amounts (top 20 percent) will receive forgiveness on average more than $118,000 per borrower. Compare this sizable Federal subsidy to the current average Pell Grant of $4,250 awarded to the neediest undergraduate students.

Initial Congressional Reaction

Senate Budget Committee Chairman Mike Enzi (R-WY) reacted to the report stating that it “confirms the explosive growth of income-driven repayment plans is unsustainable.” He added that “any system that lends more than is repaid will ultimately become a liability to American taxpayers” and noted “the significant majority of the benefits of these programs are going to forgive graduate student loans” raised concerns over whether Congress was “targeting limited federal resources appropriately.”

A copy of the report is available here .

The McKeon Group understands the nuances of the political, policy and budget processes in higher education. We can help you craft workable, sustainable policy solutions on student loans or other matters. Contact me at jeffandrade@mckeongrp.com for more information.

Chairman's Corner - January 2020

Thu, 23 Jan 2020 02:53:27 GMT

We concluded 2019 with the House impeachment of President Donald Trump and started the year 2020 right where we left off - with animosity between the parties. The impeachment process is now in the hands of the Senate and will hopefully be completed soon so our country can continue to move forward.

Despite the turmoil taking place on the Hill, there have been great strides made by the White House to move our nation forward. Our economy continues to grow and is standing strong, we are seeing record lows in unemployment rates, and the China trade deal as well as the Canada/Mexico deal have been reached. The President then faced pressure when the Saudi oil fields were a ttacked. When U.S. citizens were killed, President Trump drew the line and fought back.

One thing is for certain, even when our country is facing opposition, whether domestic or abroad, we still find ways to press forward. This is the greatest Nation in the world and I’m grateful for the blessing of calling The USA home. May you have a safe and prosperous New Year.

AVTA Awarded $9M BUILD Grant; Featured in CNBC

Tue, 21 Jan 2020 21:14:02 GMT

On November 12, 2019, the Antelope Valley Transit Authority (AVTA) was awarded a nearly $8.7 million federal grant as part of the Fiscal Year 2019 Better Utilizing Investments to Leverage Development (BUILD) Transportation Discretionary Grant program, administered by the Department of Transportation (DOT). According to the DOT, “BUILD funding supports roads, bridges, transit, rail, ports, or intermodal transportation.” While the BUILD program will fund a total of 55 different projects located in 35 states this year, AVTA’s project, the Growing Regional Opportunity with Leveraged-Infrastructure Fleet Expansion (or GROW LIFE), was only one of two projects awarded in California; and, most significantly, the only bus project ever awarded in California.

AVTA’s GROW LIFE project carries a total estimated cost of a little more than $14 million, with the BUILD grant covering roughly 62% of the cost. The project will enable new or expanded service on seven routes by permitting AVTA to procure twenty zero-emission, battery-electric expansion buses: eight 40-foot buses and twelve 30-foot buses. These new buses will replace existing diesel fuel buses, resulting in not only reduced operating and maintenance costs, but also reduced adverse environmental impacts such as lower greenhouse gas emissions, for example. In addition, the new routes will provide an alternative mode of transportation for single-occupancy vehicle users who currently have no other options to reach their destinations, further enhancing environmental gains. As AVTA Board Chair Marvin Crist noted in a recent media release, “Community members from all over the [Antelope Valley] will benefit from the project’s expansion elements.”

The GROW LIFE project continues to support efforts AVTA began back in 2016 to convert its entire diesel fuel bus fleet to the nation’s first 100% battery electric bus fleet. Just last year, AVTA celebrated a significant milestone in its conversion to an all-electric bus fleet, achieving the first two million zero-emission miles driven.

In a recent interview with CNBC, AVTA Executive Director/CEO Macy Neshati noted that the conversion of just one-third of AVTA’s fleet has already had a significant, positive impact on the environment and the transit authority’s bottom line. Mr. Neshati estimated that over 12 years, and a 100% fully electric bus fleet, AVTA could realize $65 million in savings in repair costs, maintenance, and diesel fuel consumption, among other expenses. The full CNBC story can be found here .

2020 Democratic Candidates and Student Loan Debt

Tue, 21 Jan 2020 21:06:24 GMT

In the 2020 Democratic Presidential Primary the student loan debt ideas range from the polar opposites of “cancel them all” to “no stated position,” which to observers giving no answer to a topic is an answer in itself. Some of the proposals are novel while some feel like a broken record repeating the same ideas of the past. Let’s dive in and see what the top seven candidates (according to the Jan. 16th RCP national average) think on the subject.

Senator Bernie Sanders (I-VT) introduced a proposal that “forgives all student debt and ends the absurdity of sentencing an entire generation to a lifetime of debt for the ‘crime’ of getting a college education.” When juxtaposed with his fellow candidates’ proposals, Sanders' plan seems simple, just cancel all outstanding student loan debt. He also proposed to cap the student loan interest rate at 1.88%

Mayor Pete Buttigieg (D-IN), Senator Elizabeth Warren (D-MA), and businessman Andrew Yang (D-NY) diverge from Bernie’s blanket forgiveness plan, looking to relieve specific targeted groups from their student loan debt burden.

Last spring, Buttigieg proved his desire for debt-free college for lower-income students through his education proposals that included student loan refinancing, Pell Grant expansion by inflation indexing, and a state/federal partnership. Later in the summer Buttigieg releases a proposal entitled “A New Call to Service” that calls for the increase in service opportunities from the current 75,000 to 250,000 service members (1 million by 2026). As described by Buttigieg, those that participate will qualify for “student debt forgiveness, vocational training, and hiring preference for service fellows." As far as student loan cancellation Buttigieg is for limiting it for those who attended low-quality higher education programs.

Warren, not to be out done by her competition, has opted for a loan forgiveness program that focuses on lower and middle income households with the following division:

Household income ≤ $100,000 - get up to $50,000 of student debt cancelled
Household income of $100,000 to $250,000 - get prorated amount of student debt cancelled
Household income ≥ $250,000 – get no student debt cancelled

Warren’s poor relationship with the current Department of Education has not clouded her understanding of the power the department holds pointing out the Department of Ed has “already has broad legal authority to cancel student debt, and we can’t afford to wait for Congress to act." Warren has reiterated that she would use executive action as a way to cancel most student loans.

Yang’s “Bailout for the People” proposal looks at principal reduction of student loans, immediate forgiveness of all borrowers after a certain period of time, and petition schools to forgive in whole or in part students who leave before graduation. His extent of loan forgiveness has entered into bankruptcy law with his desire to make it easier for the borrower to discharge student loans in bankruptcy. Yang also looks to expand loan forgiveness for graduates working in rural or underserved areas. Though not as robust as Warren’s he sees forgiveness as an absolute need.

Former Vice President Joe Biden (D-DE) and Senator Amy Klobuchar (D-MT) support strategies to reduce student loan debt including fixing or expanding the Public Service Loan Forgiveness program (PLSF), increase Pell Grants, and modify payment plans, work on lowering interest rates on existing loans.

Biden said the PLSF needs to be “fixed, simplified, and actually helps teachers" and he has shown this in his proposal wanting to change the rules and permit borrowers to receive up to $10,000 of annual forgiveness “for every year of national or community service, up to five years." This past fall Biden proposed doubling the Pell Grant. He like income-driven repayment plans but wants to see them simplified and allow student loan borrowers who make the following to do:

Earn < $25,000 a year - reduce their payments to $0 (without accruing interest on their debt)
Earn > $25,000 a year - pay just 5% of their discretionary income (current caps are 10% or more) and after 20 years be eligible for forgiveness.

Klobuchar, like Biden, wants to address the shortcomings of the PSLF but she wants to shake it up a little more by expanding its reach making in-demand occupations eligible for loan forgiveness by forgiving their debts after 10 years of being enrolled in an income-driven repayment plan. She sees the need for debt relief for defrauded loan borrowers and wants sure up and simplify their course to loan cancellation. Klobuchar wants to double the Pell Grant and expand access to incarcerated students.

Former New York City Mayor Michael Bloomberg has not taken an official student loan forgiveness stance but for context Bloomberg Philanthropies partnered with American Achieves to create College Point. College Point works with high-achieving students from low and middle-income households, providing free college and financial aid counseling. Bloomberg’s unannounced position leaves him flexible in forthcoming proposals giving him an edge in what may become a long fight to the convention.

2020 candidate student loan debt policy ideas are all over the map and hopefully from this dive we can see them a little more clearly. Whatever becomes of these proposals remains to be seen but for right now they make for fascinating thought experiments for the masses that would get a windfall if enacted.

Reagan National Defense Forum Continues to Be A Success

Tue, 21 Jan 2020 20:52:29 GMT

The Reagan National Defense Forum began seven years ago under the leadership of the Reagan Foundation and Chairman Howard P. “Buck” McKeon (Chairman of the Armed Services Committee). The 2019 forum, held in December, continued the tradition bringing together the nation’s top leaders and key stakeholders in the defense community - including members of Congress, civilian officials and military leaders from the Defense Department and industry.

The sold-out event brought together these defense experts to address the health of our national defense and spark dialogue that advocates strategies to strengthen the U.S. Military.

Discussion topics included training and equipping the Joint Force, leveraging innovation for national security, defense transformation, strengthening nuclear deterrence, venture capital in defense, US. China Relations, Space Force, and working with allies and partners in national defense.

Speakers and panelists included distinguished guests Dr. Karl Rove, Former Deputy Chief of Staff for President George W. Bush; General David Goldfein, Chief of Staff, U.S. Air Force; General James McConville, Chief of Staff, U.S. Army; Admiral Michael Gilday, Chief of Naval Operations, U.S. Navy; General David Berger, Commandant, U.S. Marine Corps and former U.S. Secretary of Defense General James Mattis. In addition, keynote addresses were given by U.S. Secretary of Defense Mark Esper and the U.S. National Security Advisor Robert O’Brien.

Presented annually at the Reagan National Defense Forum, was the Ronald Reagan Peace Through Strength Award which recognizes those who have applied, with constant purpose, a strategy to strengthen our armed forces, support our military men and women striving around the world, reinforce our nation’s defense systems, and safeguard the lives and interests of the American people. The 2019 recipients of this distinguished award were former Secretary of Defense James Mattis and former U.S. Senator and Chairman of the Senate Armed Services Committee Sam Nunn.

The Ronald Reagan Peace Through Strength Award is represented by a bronze eagle set upon a black granite base. The eagle symbolizes the strength, courage and wisdom of both Reagan and the country that he loved so dearly. Captured within the eagle’s talon is a piece of the Berlin Wall, a powerful reminder that, in Reagan’s own words, “Freedom is never more than one generation away from extinction.”

Mattis and Nunn join previous award recipients former Vice President Dick Cheney; former Secretaries of State Condoleezza Rice and George Shultz; former Defense Secretaries Ashton Carter, Leon Panetta and Robert Gates; former Secretary of Homeland Security Jeh Johnson; U.S. Rep. Adam Smith (D-Wash.); Sen. Jack Reed (D-R.I.); General Jack Keane; and former Senators Carl Levin (D- Mich.) and John McCain (R-Ariz.).

The 2020 Forum will be held on December 4 and 5 at the Ronald Reagan Presidential Library in Simi Valley, California.

For more information, visit www.rndf.org

Looking Ahead: FY 2021-22 & the 117th Congress

Thu, 16 Jan 2020 21:05:31 GMT

On Monday, February 10th, 2020, five days after the scheduled State of the Union message to this Congress, President Trump will present the Administration’s Fiscal Year 2021 budget justification books to the House and Senate Appropriations Committees, which details line item by line item the next round of the $1.4T+ federal budget cycle. The 12 Appropriations Subcommittees with jurisdiction over all federal agency and Department budgets are critical in the next round (starting October 1,2020 for FY21) of Congressional decisions on policy and funding.

This year, there are key issues to consider if you seek to influence the process;

FY2021 Congressional consideration is “front loaded” for the next five months from February-June, 2020 as the National (and Congressional) election cycle starts to impact decisions. House appropriations leadership has already announced desire to move ALL funding bills by the end of June (House leaves June 26,2020 for the July recess and July 13-17 DNC Convention). Most appropriations for this cycle (FY20) in the House were completed and passed by May, 2019 and no later than mid-June, 2019. For the Senate and final consideration, it may be a repeat of this year’s cycle for after the November 3, 2020 elections and during the “lame-duck” session going into the 117th Congress.

“Front loaded,” however, applies to both House and Senate and ALL committees and Subcommittees. This includes,

Congressional Hearings with witnesses starting in February, 2020 with some hearings critical to decisions to be made prior to the summer;
“Mark Up” of bills from the Subcommittees starting in May/June,2020;
There are only 13 legislative “weeks” from February-June(some with Senate in session only, to complete bills prior to the summer recess. This excludes a three week period for the House and Senate prior to August 7th. The next rush to plan for what is called the “end game” would be after November 9th(when the Senate returns after the Election) and November 16th prior to the Mid-December adjournment.

Review and study the impact on policies and funding of retirements and election primary and other political indications for House and Senate. As of January 13, 2020 there are 41 House and 4 Senate Members that have announced retirement, or resigned and several who have died in office. These 41 offices should be analyzed for 2020 impacts—such as key staff leaving and how their “legacy” will be imprinted in legislation. Some of very senior, such as Rep. Lowey (D-NY),Chair of the House Appropriations Committee, or Reps.Serrano (D-NY) and Visclosky (D-IN),Appropriations Subcommittee Chairs, or Rep.Thornberry (R-TX), Ranking Minority Member on House Armed Services Committee and many GOP Members who are Ranking on Subcommittees and Committees. The Senate retirements are equally of key impact(Sen. Alexander (R-TN), Chairman of the Senate HELP Committee and Sen. Enzi (R-WY) Chair of the Senate Budget Committee). In each cycle there are approximately 30-40 maybe more new House and Senate Members and this 2020 election could see a significant change on membership for the 117th Congress. TRACK all of these districts and States, review staff changes which can begin early on in the year. Impact new House and Senate Members both before November 3 and especially after the elections on your issues, including their key campaign staff.
Impact the funding cycle early and often in 2020. There are two key phases to influence decision-makers and policy managers(including Congressional officials) in the budget:

For FY2021 know the right person in the administration relating to your line-item, as there are significant changes in political appointees and government staff in the and agencies. Many of the top level officials have just been approved by the Senate from Presidential appointments so their key staff are newly placed. These need to be tracked.
For FY2021 know that if your policy or funding objective, or legislative goal has not been embraced by the agency or administration, convincing Congress is the “next best option” and will require much more action items. This is most significant in the national defense realm, as inclusion in what is known as the PE(Program Element) as well as the major POM and other DoD designations is key. If NOT included, renewed contacts and emphasis will be needed for the FY2021 National Defense Authorization Act(NDAA)for “mark-up” this spring at the Subcommittee levels and in the House and Senate Defense Appropriations subcommittees.
Many ignore the impact of preparation for the next funding cycle that is well underway with the agencies and can play a key role in fulfilling objectives. That is FY2022 (October 1, 2021) which is being considered in the government, agency by agency for the OMB/WH (Office of Management and Budget-White House) prior to the end of November, 2020.
Monitor, consider and impact two aspects to Congressional funding and policy positions—the annual SUPPLEMENTAL APPROPRIATIONS bill, which might also be completed (as in the past) before the end of June and adds significant funding from the last allocations; and REPROGRAMMING of funds within agencies from the budgets already approved. This “tactic” is very significant within the DoD and Services, but is utilized by all agencies and can be influenced, again with the right decision-makers.

Despite the media concentration on impeachment, or foreign policy or other national issues, the daily Congressional activity for those who “work” the Congress and know professionally the process, it will be significant in this 2020 year. Some other key areas to factor into your objectives might include,

Key expiring laws that will need Congressional impact in 2020. These might include the National Flood Insurance Program, expiring September 30,2020, FISA(Foreign Intelligence Surveillance Act) reauthorization March 15,2020 and many others;
Targeting the 117th Congress leadership during the November-December period with the possibility of GOP majority status in the House/Senate or continued Democratic House majority with impacts on the GOP side to Chair(or ranking)TERM-LIMITED Member leadership positions;

2020 already is a very busy Congressional schedule. Are you prepared? The McKeon Group is!

House Democrats Advance Partisan Higher Ed Bill Out of Committee

Mon, 18 Nov 2019 20:38:14 GMT

As Congress enters the 12th year of the 5-year reauthorization cycle for the Higher Education Act, House Democrats moved their highly partisan HEA update. It is estimated to cost taxpayers over $400 billion over the next decade.

In contrast to the marathon single-day 14-hour mark-up that their Republicans colleagues conducted in the last Congress, Democrats conducted a three-day markup that was no less partisan and full of heated exchanges between lawmakers. Over 40 amendments were considered but most Republican amendments were blocked by Democrats.

The bill has mixed support among higher education groups which advocated for some of the proposals in the bill but have significant concerns over additional Federal intrusion and red tape.

“The bill is a combination of good, bad, ugly and God only knows,” wrote the American Council on Education, “it proposes a vast expansion in the federal government’s control of the academic affairs of every college and university in the country.”

The Association of Public and Land-Grant Universities said that “the bill contains many provisions that would substantially increase administrative burden, adding new layers of reporting requirements and mandating staff positions on college campuses that will drive up the expense of advancing our education, research, and engagement missions” noting that these “expenses will be felt by students” in tuition costs or reduced services.

Others took issue with provisions in the bill that singled out for-profit colleges for additional regulation or excluded them from new programs. The U.S. Chamber of Commerce said that it “believes that institutions representing all sectors should be treated fairly, and therefore, opposes provisions that single out for-profit institutions simply because of their tax status. The Chamber opposes provisions such as those that would change the ‘90-10’ rule or that would codify Obama-era gainful employment and borrower defense regulations.”

The bill also did nothing to reduce the relatively high interest rates paid by graduate student borrowers and parents which are a significant cost of student loan borrowing, as well as doing nothing to drive down tuition costs or prevent borrowers from taking out loans that they will be unable to pay off in the future.

The amended bill passed out of committee on a party line vote of 28-22 and is expected to go to the House floor shortly after Congress returns from the Thanksgiving recess. However, most of the provisions in the costly and expansive bill have little chance of advancing in the Senate where retiring HELP Committee Chairman, Senator Lamar Alexander (R-TN) has put forth a package of proposals that enjoy bipartisan support.

The McKeon Group has over 35 years of experience in Federal higher education and workforce policy. We are national experts who work with college leaders and companies that serve higher education. We understand the nuances of the political, policy and budget process and can help you craft workable, sustainable policy solutions that address the persistent problems in higher education. Contact Jeff Andrade (jeffandrade@mckeongrp.com) for more information.

Chairman McKeon Addresses Defense Attaché’s Association

Mon, 18 Nov 2019 20:27:32 GMT

On November 1, 2019, Chairman Buck McKeon addressed issues relating to the National Defense Authorization Act (NDAA) before a selected group of Defense Attachés at the New Zealand Embassy.

Chairman McKeon provided his unique insights into the NDAA process of creating, debating and passing the annual legislation as well as suggesting ways to influence the outcome of the bill. He also discussed how the Pentagon, the individual military services, and various outside groups impact the final outcome of the NDAA.

The attendees, all representing foreign military officials at Embassies in Washington, D.C. were interested in the Chairman’s description of the “Big Four,” the decision-making process on the NDAA, including the Chairs and Ranking Members of the House and Senate Armed Services Committee, as well as the process on creating the NDAA such as Subcommittee markups, full committee consideration, amendments thru the House Rules Committee for the full House and impacts of Conference Committees.

Chairman McKeon answered questions from the Defense Attachés on the difference between the NDAA and the Defense Department’s Appropriations legislation, the timing of the NDAA process from January through the end of the year, the options presented for Fiscal Year 2020 NDAA, and the key provisions in the bill.

The Defense Attachés were interested in the Chairman’s recommendation to “start early in the process,” in order to influence this major bill and to use strategies with Members and staff, especially in the Armed Services Committees and to engage with the Pentagon.

Overcoming Conflict in the US Congress

Mon, 18 Nov 2019 20:06:59 GMT

The constant fighting between Democrats and Republicans in the House has made passing legislation difficult. Statistically speaking, pushing a bill through and having it signed into public law by the President has been virtually impossible. In the 115th Congress, there were 13,556 bills introduced in both the US House and Senate. Only 429 of these, about 3.1 % were actually were signed into law.

Despite the overwhelming obstacles, the McKeon Group was able to successfully get one of these few bills passed in support of our client. Not only did this bill pass, which impacts 2.5 million veterans nationwide, it received unanimous support by both the House and Senate.

The National Association of State Agencies for Surplus Property (NASASP) represents 50 state agencies and 6 US territory officials serving over 67,000 nonprofit groups, local governments, educational, emergency management, fire fighters, law enforcement and many other organizations that utilize the federal surplus property program. This program is over 70 years old and provides hundreds of millions in federal surplus property.

The NASASP aimed to improve a public law that passed back in 2013. This law allowed Veteran Service Organizations (VSO's) to access federal surplus property. This means that a VSO could secure a surplus vehicle to take vets to a VA hospital among other projects.

In 2017, the NASASP wanted to create and pass a small bill (one page) that would permit veterans who own small businesses to also access federal surplus property. In meetings with the Small Business Administration (SBA) indicated that there were over 2.5M veterans who owned their own business. This idea could create jobs, tax revenue and other benefits for small businesses, especially if various federal surplus property were available at a much-reduced cost.

In order to turn this idea into public law required identifying bipartisan sponsors of the legislation, securing introduction of the bill, and passage in the committees of jurisdiction, consideration by the full House and Senate, and also require the signature of the President.

The bill “Veterans Small Business Enhancement Act” was introduced by Senators Duckworth (D-IL) and Kennedy (R-LA) and on the House side by Rep. Cook (R-CA) and Chu (D-CA).

Over the course of time, the bill had multiple government agencies reviewing the language including the General Services Admiration (GSA) and the Small Business Administration (SBA). It took several meetings to determine the best course of action in implementing the purposes of the bill within a regulatory and statutory structure. At the same time, efforts were underway to involve grassroots veterans and state officials in support of the objectives and meetings took place with the leadership of the Small Business Committees in the House and Senate. In the end, the legislation proved to be an asset to small business owners who were veterans and served their country.

The final effort passed without opposition in both Committees. It was passed without opposition on the floor of the House and Senate and the President signed the bill into Public Law 115-419 last January 2019. Our work was successful, and it proved that if you are able to understand the process, make the needed action items to achieve objectives, overcome opposition the end game will prove advantageous.

The McKeon Group is positioned to achieve these types of objectives. Are you?

Chairman's Corner - November 2019

Fri, 15 Nov 2019 20:48:58 GMT

Last week we observed Veterans Day. I received an email from a friend, Jason Van Camp, a decorated Green Beret and founder of Warrior Rising .

Warrior Rising is an organization that is helping veterans start and develop their own businesses allowing them to take the next step in their lives following their military career. Since 2015, Warrior Rising has helped veteran entrepreneurs - or vetrepreneurs - become their own boss. Veterans who go through Warrior Academy, receive one-on-one mentoring, funding opportunities, and a vast network through the Warrior community. Warrior Rising operates on a nationwide scale and continues to help veterans build on the skills, training, and experience they developed during their time in service.

Here are some interesting facts the Warrior Rising team shared regarding Veterans Day:

1. Veterans Day doesn't have an apostrophe in it.

2. There is a difference between Veterans Day and Memorial Day. Memorial Day is a day we honor all of those who paid the ultimate sacrifice for our freedom, particularly those who fought in battle. Veterans Day honors everyone who served - deceased and living - but is generally regarded as a day to thank living veterans for their service.

3. Originally, Veterans Day was known as Armistice Day which commemorated the end of World War I. WWI technically ended on June 28, 1919 with the Treaty of Versailles but the fighting didn't stop until the Allies and Germany put into effect an agreement to stop fighting. That armistice occurred on the 11th hour of the 11th day of the 11th month, or November 11, 1918.

4. When Veterans Day became official, the fourth Monday of every October was set aside as the day of observance. This ultimately led to confusion so in 1975 President Gerald Ford signed a law returning Veterans Day to its original observance date of November 11th.

5. Australia, Canada, and Great Britain also celebrate Veterans Day, but in all three countries it is referred to as "Remembrance Day".

Warrior Rising is committed to honoring our veterans by providing entrepreneurial support and services to the men and women who served our country and are now creating businesses. If you would like to help Warrior Rising make dreams come true for our nation's veterans, you can donate here .

WSJ OPED - The Patriot Act Goes Too Far

Tue, 29 Oct 2019 16:10:11 GMT

Section 215 needs major reforms to safeguard core American liberties from government overreach.

To keep America safe, does the Federal Bureau of Investigation really need almost unfettered access to Americans’ health records, DNA test results, and even private conversations overheard by digital assistants like Alexa and Siri? News broke earlier this month that the secret Foreign Intelligence Surveillance Court had admonished the FBI for illegally spying on Americans tens of thousands of times. The court’s reprimand of the FBI’s “unduly lax” treatment of foreign surveillance powers—meant for spies and terrorists—raises equally pressing concerns about its domestic surveillance authority.

When we supported Section 215 of the Patriot Act, which will expire Dec. 15 if it isn’t reauthorized, we trusted the FBI and other agencies to act responsibly in accessing the domestic records of large U.S. businesses to counter national-security threats. But the security agencies appear to have abused Section 215 nearly as often as their foreign surveillance authority. Their broad interpretation of that statute has gone well beyond Congress’s original understanding—and common sense.

This was apparent during a Sept. 18 House Judiciary Committee hearing on the Trump administration’s request for the law’s unconditional, permanent reauthorization. A Justice Department lawyer representing the agencies was asked a series of questions about what Section 215 covers. Americans’ health records? “Yes.” DNA test results? “Yes.” Digital media stored by U.S. companies? “Yes.” Answering without hesitation, the lawyer signaled that the Justice Department and other agencies understand the statute to cover virtually any information stored or processed by a business. So interpreted, Section 215 is a grave threat to the constitutional rights of Americans.

First, it’s a threat to Fourth Amendment rights. That amendment specifies that “no warrants shall issue, but upon probable cause”—that is, a demonstration that a crime might have been or may be committed. Yet Section 215 allows intelligence agencies to obtain a court warrant forcing a business to preserve and search consumers’ private information without any showing of probable cause.

The absence of such a standard has already led to widespread abuse, including the infamous call-detail-records database. It contained the telephone-call metadata, including phone numbers and the time, duration and details of calls and texts, which reveal much about the private lives of hundreds of millions of Americans. The government has never linked this program to the foiling of a terrorist plot. Even after legislation was passed in 2015 to rein in the program, the agencies were ultimately forced to suspend the call-detail-record program last year, when they realized it was collecting far more data than they could handle and was violating even their own expansive view of their authority.

The problem doesn’t end there. The security agencies’ broad interpretation of what constitutes a covered business record, a “tangible thing” held by a business, means that almost any information can be obtained merely because it is deemed “relevant” to a national-security investigation—which is entirely within the control of the relevant agency. So conversations with Alexa or Siri as well as health-care or genetic records are all fair game if the agency can articulate some link, however tenuous, to an agency-created investigation.

Second, under the agencies’ interpretation, Section 215 threatens First Amendment rights. The statute says a warrant cannot be issued if the request is based solely on the subject of the investigation exercising First Amendment rights, such as the right to speak or practice his religion. But the “solely” qualification means that agencies simply can concoct some additional reason other than speech, no matter how tenuous, and the warrant must be granted. Mere attendance at a Muslim prayer service, for example, could trigger a warrant if the agency articulates an additional, nonprotected concern, such as the presence of aliens who are in the country illegally—even if its true concern is the Muslim prayer.

With these glaring flaws in mind, how should Congress respond to the agencies’ request to reauthorize Section 215? We believe the law should be reauthorized for a limited period, but only with significant alterations.

To begin, the standard for granting a warrant under Section 215 should be refined to require a demonstration of probable cause—the usual Fourth Amendment standard—unless the agency can establish a good-faith belief that the person at issue isn’t an American citizen. Such a standard would still allow the agency to obtain a warrant for any kind of business record, even those relating to American citizens, if the agency can demonstrate a legitimate reason.

Similarly, Section 215 should be amended to require that a request for a warrant must not be based in substantial part on protected First Amendment activity. Here again, such a requirement would leave the agency free to obtain any kind of business record as long as the court is persuaded the request isn’t substantially based upon, and is therefore unlikely to infringe, the exercise of First Amendment rights.

In light of the growing evidence of overreach, our federal law-enforcement and intelligence agencies’ necessary efforts to gather information must be subjected to additional oversight. It is the only way to protect Americans’ privacy and constitutional rights while keeping us safe.

Defense Appropriations: Plan Early for FY2021

Tue, 15 Oct 2019 04:24:49 GMT

October 1st usually signals the start of a Federal Fiscal Year, but not 2019. The US Congress has pushed this deadline back to November 21st and in past years the Fiscal Year funding did not start until early in the next Session. Will FY2020 be the same? For advocates monitoring and impacting the Defense Department Appropriations legislation this processes is equally “complicated” by legislative tactics to achieve political results. For example,

DoD FY2020 Funding bill in the US House, HR2968, passed the House Appropriations Committee May 21, 2019.
DoD FY2020 Appropriations bill was included in a “Consolidated Appropriations bill, HR2740, with other funding bills, passing the US House, June 19, 2019.
DoD FY2020 Appropriations bill in the US Senate, S.2474, passed the Senate Appropriations Committee September 12,2019.

As a result of this early FY2020 process, the DoD Appropriations legislation that has been “marked up,” considered and passed in the House and Senate Defense Appropriations Subcommittees and at the full House and Senate Appropriations Committees, has not gone to a Conference Committee composed of House and Senate leaders, nor has there been a final vote on the allocations as well as a signature into law by the President. The temporary extension bill approved by the Congress to November 21st, merely permits expenditure of funds at the Fiscal Year 2019 levels.

Some observations on the FY2020 DoD Appropriations bill as it proceeds to final resolution. First, as precedent from last year’s actions, the Defense funding final bill was included in a larger bill with appropriations for the Labor, HHS and Education federal agencies. This year the “Minibus,” as it is nicknamed (from the Omnibus huge multi-thousand-page bills) referenced above includes DoD in with Labor, HHS, Education, State Department, Energy and other Departments and Agencies FY2020 funding bills. This was initiated by the US House, not the Senate.

It appears that Defense funding has again become “captive” to other non-military issues and controversies in the House and Senate.

Second, deferring funding for DoD impacts decisions on RDT&E programs, weapon system development, procurement and a host of national defense issues which will become critical in the weeks ahead.

The FY2020 process for this 4thQ period (Oct-December,2019) is the “endgame” for a longer process in both the Pentagon and Congress to identify, formulate, present and secure Congressional approval of positions on DoD programs and funding levels that would be a part of the appropriations bill. These critical “points of influence,” include:

After the Defense Department submits its FY2020 Budget Justification(detail line item requests by DoD)to the Congressional Appropriations Committee(after the President’s State of the Union(this year it was the submissions were early February,2019),prepare positions and key contacts to Members and Staffs;
Three months to concentrate on the 18 House Members of their DoD Appropriations Subcommittee, with special emphasis on the Chair and Ranking Members of the Subcommittee and full Committee(Four total).The House Subcommittee moved its bill in the four month after the State of the union;
Concentrate on the 19 Senate Defense Subcommittee and top leaders in the Senate Appropriations Committee from February thru the Summer,2019 recess(Committee moved their bill in September;
Identify Members and third party “influencers” who can interact with House and Senate Appropriations Committee Members and Staffs on positions and funding levels;
Identify Members and staffs in House and Senate leadership to “weigh-in” on defense allocations and issues.

Commensurate with the Congressional schedule and targets to present specific requests, most observers of the DoD Appropriations process know that the final funding bills over the years contain various Title’s concentrating on subject areas that “link” to Appropriations staff, Member interests, and Pentagon officials. For both the House and Senate DoD funding bills the following are those areas of concentration for “advocates” on DoD programs impacting…

Title I…Military Personnel
Title II.. Operation and Maintenance (O&M)for DoD and all services
Title III..Procurement
Title IV..Research,Development,Test&Evaluation(RDT&E)
Title V..Revolving and Management Funds
Title VI..Other DoD Programs…mainly defense health programs
Title VII..Related agencies…including military intelligence
Title VIII.General Provisions
Title IX…Overseas Contingency Ops/Global War on Terrorism..

Regardless of the final outcome for FY2020 in DoD funding, the cycle for the next appropriations legislation is well underway and, in some cases, just 30-60 days for completion. The process includes the following outline of key targets of opportunity to influence and present issues, programs and funding levels:

The FY2021 DoD budget has been thru its Pentagon, Services and related military decision-points for the last year. Development of specific PE levels (Program Element) for weapon systems, RDT&E projects and the like have been studied, and final allocations made. The FY2021 DoD proposed budget will be sent to the Office and Management and Budget (OMB) for a review with the White House and Administration input, as well as a “pass-back” procedure in which changes are made to the budget by OMB and sent back to the Pentagon for justification of requests. The final approval process will be after Thanksgiving and well before Christmas.
The FY2021 DoD budget will be prepared for submission after the January, 2020 State of the Union by the President to Congress. Budget Justifications documents, volumes by DoD and by all of the individual services will be sent to the House and Senate Defense Appropriations Committee and the Members and staff will divide these according to the Title’s referred to above in which subjects, issues, levels of funding will be arranged for “markup” final creation of the FY2021 DoD appropriations bills.

A word about the FY2021 NDAA process. There is a distinct “linkage” between the National Defense Authorization Act (NDAA) cycle in the House and Senate Armed Services Committee which parallel’s the DoD Appropriations process. PE (program elements” and issues being advocated in the NDAA might also be included at differing levels of funding in the appropriations bill. The rule of thumb for advocates is, “…the authorizers say spend $1 on a project, and the appropriators say you can only spend 50 cents.” Also, the NDAA might detail in “Report Language” what the Congress is directing the DoD to do with the funds or with issues unresolved.

The FY2021 process begins in less than 90 days. Those who know how to maneuver in this environment, understand that FY2022 is just around the corner. The McKeon Group is ready. Are you?

John Chwat is Sr.VP, of the McKeon Group,Inc. Alexandria, VA

He can be reached at johnchwat@mckeongrp.com or 703-963-2917

Alexander’s Latest Maneuver May Be the Last Hope to Advance Higher Education Bill in this Congress

Tue, 15 Oct 2019 04:12:44 GMT

The last time the Higher Education Act (HEA) was comprehensively reauthorized by Congress, the world’s financial system and Britney Spears were in a meltdown, John McCain and Barack Obama were campaigning for President, and Sarah Palin was looking at Russia from her house. Now, as we close the 11th year of the every-five-years HEA reauthorization cycle, retiring Senator Lamar Alexander has gone back to his political playbook to make some meaningful HEA changes before leaves he Senate at the end of this Congress.

When Democrats in the House pushed through a short-term extension of funding authority for minority-serving colleges last month that they claimed was time-sensitive (but really wasn’t), Alexander pounced on the opportunity to use the bill as a vehicle for additional HEA changes. Using a strategy that he employed in 2016 to get the 21st Century Cures Act enacted, Alexander combined a number of HEA bills with bipartisan support to get changes through the Senate.

His Student Aid Improvement Aid Improvement Act (S. 2557 ) includes proposals from several bipartisan bills which would:

change the financial aid application process and simplify the Free Application for Federal Student Aid (FAFSA),
restore eligibility for Pell Grants to certain incarcerated students,
extend eligibility for Pell Grants to students enrolled in certain job-training programs that are shorter than 6-months,
permanently extends the Year-Round Pell Grant option, and
reforms the income-based student loan repayment terms by removing the payment cap for high-income borrowers so that they must pay 10 percent of their discretionary income.

Senators Alexander and Murray have been working for several years on a bipartisan HEA bill with a number of fits and starts. Talks broke down again last August with the two sides at an impasse on several issues, including Murray’s insistence on amending Title IX of the Education Amendments of 1972.

Title IX, which is not part of the HEA, was enacted in 1972 as a follow to the Civil Rights Act of 1964, to extend protections against discrimination based on sex to education programs or activities receiving Federal assistance. Murray supports the Obama Administration policy of not allowing those who file a complaint of sexual misconduct in campus judicial proceedings to be cross-examined by those whom they are accusing or their advocates. She also believes that Title IX’s prohibition on discrimination based on “sex” should be extended to sexual orientation, gender identity, and gender expression.

Senator Murray criticized Alexander’s tactics but said she was “hopeful we can continue to work on reaching a compromise as you and I have done several times before on other pieces of legislation.”

Alexander’s latest move creates an interesting dilemma for Democrats: Do they try to strike a limited deal using their leverage in the House to pass their own comprehensive HEA bill and hammering out a compromise deal with Alexander in conference or do they sit tight and wait for the outcome of the 2020 presidential elections, where higher education is front burner issue for Democrats. If they decide to wait it out, they not only face the uncertainty that President Trump getting re-elected, they will most likely lose seats in the House, and they will like face a more conservative Senator Rand Paul as Chairman or Ranking Member of the Senate HELP Committee. It is likely they will try both since there is little downside to them in striking a narrower deal now.

The McKeon Group has over 35 years of experience in Federal higher education and workforce policy. We are national experts that work with college leaders and those in industries that serve higher

education. We understand the nuances of the political, policy and budget process and can help

you craft workable, sustainable policy solutions that address the persistent problems in higher

education. Contact Jeff Andrade (jeffandrade@mckeongrp.com) for more information.