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Energy & Water Moves Forward with a Veto Threat

Last night, the House Appropriations Committee cleared its FY 2017 Energy & Water Appropriations legislation by voice vote, clearing the measure for Floor consideration. The bill includes $37.4 billion for the Department of Energy, Army Corps of Engineers, Bureau of Reclamation and other agencies and programs.

House Democrats and Republicans sparred over language in the bill dealing with firearms on Army Corps of Engineers lands and Obama administration clean water regulations. The panel turned back Democratic amendments that would have struck a cluster of Republican policy provisions and provide emergency aid for Flint, MI.

The Senate passed its version of the FY 2017 measure last week in both subcommittee and full committee. Meanwhile, as the Senate is considering the measure on the Floor, the Administration has issued a  Statement of Administration Policy containing a veto threat of the measure if it should pass in its current form.

The SAP outlines a number of issues the administration has with the bill, including low funding for energy research and development and “the inclusion of problematic ideological provisions that are beyond the scope of funding legislation.” The OMB statement refers specifically to a policy rider in the bill that would bar changes by the administration to the definition of “fill material” or “discharge of fill material” as it relates to the Clean Water Act (PL 95-217). Republicans fear such action could harm coal and mining activities.

Regarding Energy research funding, the SAP specifically says:

“The bill underfunds critical energy research and development activities and fails to put us on an achievable path toward doubling clean energy research and development by FY 2021. Specifically, the Administration objects to the low funding levels provided for the Advanced Research Projects Agency-Energy and the Office of Energy Efficiency and Renewable Energy. Reductions in both of these programs significantly below the FY 2017 Budget request would undermine critical activities that support the development and commercialization of clean energy technologies. At this funding level, the number of research, development, and demonstration projects supported in cooperation with industry, universities, and the national labs would be reduced, limiting innovation and technological advancement. Funding at this level also would impede development of solutions to reduce U.S. dependence on oil and reduce energy waste, and undermine the Nation’s competitiveness in the future global clean energy economy.”

Read the SAP here.

Read an overview of the Senate FY 2017 Energy & Water bill here. 

Read and overview of the House FY2017 Energy & Water bill here. 

OSTP Internship

The White House Office of Science and Technology Policy is currently accepting applications for its Fall Policy Internship Program.  The application deadline is June 17, 2016.  Students who are U.S. citizens and who will be enrolled in, or have just graduated from, an academic program should feel free to apply.

More information and application instructions are available at https://www.whitehouse.gov/administration/eop/ostp/about/student.

The Office of Science and Technology Policy advises the President on the effects of science and technology on domestic and international affairs. The office serves as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans and programs of the Federal Government.

Interns are accepted for one of three annual terms (Spring, Summer, or Fall), which each last no more than 90 days. The assignments provide educational enrichment, practical work experience, and networking opportunities with other individuals in the science and technology policy arena.

Justice Antonin Scalia, 1936-2016 (SCOTUS Edition)

On Saturday, Supreme Court Justice Antonin Scalia was found dead of natural causes in a ranch in the Big Bend area of West Texas at Cibo Creek Ranch. He was 79. Having died in such a remote area, the declaring the justice dead, and disseminating the news of the his death, caused some some issue.

Scalia, life in pictures (POLITICO)

Known for his caustic dissents, Justice Scalia began his service on the court as an outsider, but his theories, initially viewed as idiosyncratic, gradually took hold, and not only on the right and not only in the courts. He has been called the most influential jurist of the last quarter century.

Justice Scalia was a champion of originalism, the theory of constitutional interpretation that seeks to apply the understanding of those who drafted and ratified the Constitution. In Scalia’s hands, originalism generally led to outcomes that pleased political conservatives, but not always. His approach was helpful to criminal defendants in cases involving sentencing and the cross-examination of witnesses.

Born in Trenton, New Jersey, he was an only child who quickly was a standout in high school and subsequently at Georgetown University (graduating summa cum laude) and Harvard Law School (graduating magna cum laude). After practicing law in Cleveland, OH and teaching law at the University of Washington, he was confirmed as Assistant Attorney General in the Office of Legal Counsel after the Watergate scandal — he was nominated by President Nixon and served under President Ford.

Eventually, Scalia was nominated and confirmed to the DC Court of Appeals by President Reagan in 1982. Reagan again nominated Scalia for the US Supreme Court in 1986, where he was unanimously confirmed. He was the longest serving justice on the court.

With the death of Justice Scalia, comes a political storm caused by his absence, which is made more keenly felt since there has never been a vacancy on the Supreme Court in a presidential election year. Senate Majority Leader Mitch McConnell (R-KY) has declared that the Senate will not confirm a candidate until after the election of the new president. However, it is unlikely President Obama will not nominate a candidate. Even if the Senate does decide to move forward, it will be a long fight.

That said, the absence of Scalia does not mean that the court will cease working. Rather, the court will continue to work with the slim 5-4 conservative lean now gone. The even 4-4 split of the court calls into questions many of the cases on the docket and potential gridlock on issues, including congressional redistricting, abortion access, birth control access, forming unions, the Administration’s immigration and enviromental policy, affirmative action in college admissions, and more.

Holding with tradition, Justice Scalia will lie in repose at the Supreme Court on Friday.

House on Science in the “National Interest”, White House Threatens to Veto

The House will take up a bill today, HR 3293 – Scientific Research in the National Interest Act, that would require the National Science Foundation to show the grants it doles out to scientists are in the national interest. Similar to previous measures restricting NSF sponsored by Congressman Lamar Smith, the legislation is expected to pass.

Predictably, the White House issued a Statement of Administrative Policy (SAP) threatening to veto the measure on Tuesday. The SAP stated that the bill would “add nothing to accountability in federal funding for scientific research” and replace existing law with “confusing language that could cast a shadow over the value of basic research.”

 

Read the SAP here.