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Progress on Debt and FY12 Appropriations

FY12 Appropriations

Senate appropriators have been holding off on their FY12 bills, waiting for an agreement on overall discretionary spending to be reached through the ongoing bipartisan debt reduction talks. But because the end of the current fiscal year is just over three months away, they indicated yesterday that the Senate would move forward with their process despite not having a top-line discretionary number. The Senate Appropriations Committee will reveal their first FY12 spending bill next week. The first bill to be considered will be the Military Construction-VA bill. The House version of that bill passed the House on June 14, and the Senate subcommittee has indicated that they will follow the House’s lead and produce a similar bill.  The House bill boosts funding for VA programs and benefits, while reducing military construction spending because of a lower need for base-closing funds. Overall discretionary spending is reduced by just $615 million. The Senate subcommittee markup is tentatively scheduled for Tuesday, June 28th.

In addition to the Military-VA bill, the House has passed two other bills — Homeland Security and Agriculture. On Thursday, the House is set to begin debate on its FY12 Defense bill. Defense is the only House bill slated to get a spending boost over current levels, and might be a likely candidate for quick Senate consideration.

Debt Limit

The bipartisan debt reduction group being led by Vice President Biden meets again today, as leaders in both chambers yesterday said every effort should be made to reach a long-term deal and avoid a short-term increase in the debt limit as Senate Minority Leader McConnell (R-KY) suggested. McConnell believes that a short-term increase in the debt limit might be necessary if a major debt reduction deal involving entitlements cannot be reached before the August 2nd deadline for raising the debt limit.

Reaching a majority in the House for any increase in the debt limit will be a challenge, which may have factored into McConnell’s contingency planning for a short-term measure as a backup. A number of House GOP freshmen promised they would never vote to increase the debt limit, while many others, along with GOP conservatives, want fundamental changes to dramatically cut the size of government. Negotiators may know by the end of the week whether a deal is possible. Central to that effort is resolving questions regarding revenues and entitlements, with debate over entitlements focused on whether there should be fundamental changes to Medicare and Medicaid as proposed by House Republicans, or whether billions could be saved through various adjustments to the programs, such as raising Medicare co-payments or deductibles.

Spending Bills Update

The House this week passed the Military Construction-VA and the Agriculture Appropriations bills. While Military Construction-VA passed with little difficulty, the Agriculture bill passed with all Democrats and 19 Republicans opposing the measure. Many democrats have spoken out against the Agriculture bill because they are concerned that it contans deep cuts to programs that are vital to low income citizens.

Also this week, the House Appropriations Committee marked up and passed the Energy & Water and Defense Spending Bills. Energy and Water was approved by a vote of 26 to 20 and the latest markup contained no significant changes to accounts of particular interest to research universities. The Defense Appropriations bill also passed with increased funding for Defense 6.1 Basic Research above both the FY11 level and the Administration’s FY12 request. Amounts for programs relevant to the higher ed community are as follows:

  • 6.1 Basic Research: $2.099 billion, an increase of 7.8% above FY11
  • 6.2 Applied Research: $4.672 billion, an increase of 4.9% above FY11
  • National Defense Education Program: $86.6 million, a cut of 8.2% below FY11
  • DARPA: no set amount is given, but the following language was provided in the accompanying report: 

“…DARPA’s mission is to maintain the technological superiority of the U.S. military and prevent technological surprise from harming our national security by sponsoring revolutionary, high-payoff research bridging the gap between fundamental discoveries and their military use…Corporate strategies have greatly improved the efficiency of DARPA’s financial execution and ability to obligate funds. The Committee has determined that these efficiencies will result in cost reductions of $100,000,000 in fiscal year 2012. Therefore, the Director of DARPA shall provide to the congressional defense committees, not later than 60 days after enactment of this Act, a report detailing by program element and project the application of each detailed reduction.”

The Senate Appropriations Committee has held a handful of hearings, but otherwise their spending bills remain stagnant.

Supreme Court Decides Stanford v. Roche

The Supreme Court ruled in favor of a private pharmaceutical company in a heated patent rights battle (Stanford v. Roche). Last week’s decision complicates current university patents, as the majority of justices ruled that neither the government nor institutions that receive federal research grants are guaranteed automatic rights to patents that may arise from the research.

In 2005, Stanford University contested Roche Molecular Systems’ patent rights of an HIV detection kit, as the kit process heavily relied on polymerase chain reaction technology initially developed at the university. This R&D was produced by former faculty member Mark Holodniy who went onto expand the research at Cetus, a private biotechnology research company. Holodniy had originally signed a contract ensuring Stanford University the authority to assign patent rights in the future to his research, though later yielded all patent rights because of his access to Cetus research facilities. Consequently, Holodniy’s intellectual property was guaranteed to Cetus and was later acquired by Roche.

Although much of the flak for Stanford’s loss in the ruling stems from the ambiguous language of the initial contract between Holodniy and the university, other research universities and their associations such as the American Association of Universities (AAU) and Association of Public and Land Grant Universities (APLU) are still concerned with the long-standing implications of this decision.

First FY12 Appropriations Bill Approved

Appropriations

On Thursday the House passed their FY12 Homeland Security bill, its first FY12 appropriations measure of the year. Democrats have declared the funding levels in the bill insufficient and are particularly unhappy about cuts to homeland security and first responder grants, although some funding to hire/re-hire/retain firefighters was restored by an amendment on Wednesday. Overall, twenty Republicans opposed the bill, mostly conservatives who wanted to cut spending in the bill further. An amendment by Indiana Republican Todd Rokita to cut most accounts across-the-board by 10 percent was rejected, 110-312 – but that’s 110 members that agree that more drastic cuts are necessary.

Also on Thursday the House began debate on its FY12 Military Construction-VA spending bill.  There is some controversy with this bill, mostly related to a procedure rule that will allow members to vote on VA funding independent of the Military funding.  This could put VA funding in jeopardy as many conservatives want to curtail VA spending.  Further consideration of the measure won’t occur until the House returns from its one-week recess on June 13th.

Finally, the House Energy and Water Appropriations Subcommittee approved its draft FY12 spending measure by voice vote on Thursday. The draft measure reflects the Republican’s highest priorities by supporting Energy Department national defense programs and funding water infrastructure and basic science research, at the expense of applied energy research. Overall, the draft House bill provides $30.6 billion in discretionary spending, $1 billion below FY11 enacted levels and $5.9 billion (16 percent) less than the President’s FY12 budget request. The full committee will mark up the measure when the House returns from recess.

Debt Ceiling

Despite new urgency from top congressional leaders that the debt ceiling dispute should be resolved quickly, rank-and-file lawmakers remain deeply divided over how to do it.  Both Democrats and Republicans want to avoid instability in the financial markets with a debt showdown, and most agree that something must be done to curb the nation’s deficit.  But after a week of meetings with President Obama and other administration officials, several major roadblocks stand in the way of an agreement, particularly the issue of taxes.

Separate events involving Democrats and Republicans on Thursday illustrated the difficulty that negotiators will have in reaching an agreement to reduce deficits.  In a meeting with the President, House Democrats stressed that new revenue must be part of any deal to reduce the deficit and raise the nation’s $14.3 trillion debt limit.  They urged the President to ensure that tax hikes on the wealthy and an end to tax breaks for oil companies would be part of any agreement reached with Republicans on debt reduction.  Republicans continue to insist, however, that tax increases are a non-starter.  Democrats also urged Obama not to give too much ground on spending, particularly on Medicare, where Republicans want to fundamentally restructure the program.

Also this week, freshman Republicans met with Treasury Secretary Geithner and came away from that meeting “unimpressed” that the administration was serious about addressing the nation’s fiscal problems.  GOP members said Geithner warned of the consequences of failing to raise the debt limit, but were dismayed that he called for higher taxes to help reduce the deficit and failed to specify how the costs of entitlements such as Medicare should be reduced.  Republicans are focused on achieving major deficit reduction through cuts in spending, with a particular focus on Medicare.

The hard line being taken by the two parties prompted another credit rating company yesterday to warn that the United States could lose its top credit rating.  Moody’s Investor Services said it may lower the US rating if Congress is unable to raise the debt limit and prevent a default.  In April, Standard & Poor’s downgraded its outlook on the US credit rating to negative, saying the path to reducing large budget deficits and growing debt was uncertain.

The appropriations and debt limit situations are closely tied together and are created an environment for a “perfect storm” by August.  The strong push by Republicans to cut spending is driving the debate on the debt limit – they simply won’t agree to the debt limit issue until the Administration agrees to corresponding spending cuts.  It will certainly be a long, hot summer in DC!