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Senate Moves to Attach Cyber Legislation to NDAA

On Wednesday, Senate Majority Leader Mitch McConnell (R-KY) filed for cloture on a cybersecurity amendment, a move that would fold the threat-sharing information legislation into the annual defense policy bill, the National Defense Authorization Act (NDAA). Senate Armed Services Chairman John McCain (R-AZ) received consent to modify an already pending amendment related to background checks for military child care providers by including the cyber bill (S 754), sponsored by Intelligence Chairman Richard Burr (R-NC).

Senate Democratic leaders wrote to McConnell, urging him to separate the cybersecurity battle from the overall fight on the NDAA. Democrats do not support the defense authorization bill because, they say it uses a budget gimmick to boost defense funding. The increase in funding to the Overseas Contingency Operation (OCO) funding as a means to increase defense funding but stay within the BAC Budgetary caps has drawn the ire of House Democrats and the White House. The White House has issued veto threats on House NDAA and FY16 Defense appropriations legislation that used the same mechanisms.

As a piece of standalone legislation, the measure advanced through the Intelligence Committee in a 14-1 vote during a markup held in March. The bill aims to encourage companies to share information they have about cyber threats with the government, and is largely modeled after legislation approved by the panel during the 113th Congress.

The Senate has been considering the NDAA for the bulk of the week.

Senate Democrats are being described as “very angry” and have threatened to filibuster the normally noncontroversial, must-pass legislation. Additionally, Senator Rand Paul (R-KY), who is running for president, has also come out against the bill due to the lack of privacy protections.

Senate Appropriations Clears Defense, CJS and Leg Branch

The full Senate Appropriations Committee approved three bills now ready for consideration by the whole Senate. The FY16 Defense, Commerce-Justice-Science (CJS), and Legislative Affairs appropriations bills were all approved today.

The the FY2016 Defense appropriations bill was approved on a bipartisan 27-3 vote. The bill recommends $489.1 billion in base funding and $86.8 billion in Overseas Contingency Operations funding, consistent with the FY2016 budget resolution.  The bill adds $228.5 million to basic (non-medical) research for the Army, Navy, Air Force and DoD, a 1.7 percent increase over FY2015 levels. The bill also increases DoD core medical research budget as well as congressionally-directed medical research funding by $835.5 million, including $278.7 million for the competitively awarded peer-reviewed medical research program and $177.3 million for the Department to advance its own medical research priorities.

Finally, the bill transfers $36.5 billion from base operation and maintenance accounts to OCO in order to meet the overall defense funding levels requested by the President while avoiding sequestration by breaching the Budget Control Act caps. A similar move was used by the House for both the NDAA and the House’s FY16 Defense appropriations bill. Both proposals garnered a veto threat by the White House.

The FY2016 CJS Appropriations Bill, which provides funding for the U.S. Department of Commerce, U.S. Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, the National Oceanic and Atmospheric Administration and other related agencies, was approved on a bipartisan 27-3 vote.

 

White House Issues Veto Threat on House FY16 Defense Approps Bill

The White House issued a Statement of Administrative Policy (SAP) recommending a veto of the House’s FY16 Defense appropriations bill today. The House is considering the FY16 Defense appropriations on the Floor currently. This is not the first veto threat for a House appropriations bill this year. The SAP cites the inappropriate use of the Overseas Contingency Operating fund as a primary driver in the decision. That concern was previously raised during the House NDAA consideration.

Read the SAP here. 

Senate Approps Subcommittee Passes CJS

The Senate Commerce, Justice, Science (CJS) Appropriations Subcommittee passed the Senate’s FY16 CJS appropriations bill this morning. The $51.1  billion draft advanced by unanimous consent and would provide $7.3 billion for the National Science Foundation (NSF), $5.4 billion for National Ocean and Atmospheric Administration (NOAA), $18.3 billion for the National Aeronautics and Space Administration (NASA), and $893 million for National Institute of Standards and Technology (NIST).

Unlike the House, the Senate bill did not include directorate level allocations of funds. Historically, Congress has allocated a broad amount to NSF overall, allowing the agency the discretion to allocate funding by directorate as it sees fit. The Senate bill would fund NSF at $7.34 billion, which is equal to the FY15 enacted level.  This funding includes $5.93 billion for NSF’s research and research facilities to support today’s scientists, engineers and technicians, and $866 million for NSF’s education and training programs to build tomorrow’s innovation workforce.

NOAA is funded at $5.4 billion, which includes a $23 million increase above the FY2015 enacted level for the National Weather Service.  The bill provides full funding for NOAA’s flagship weather satellites, which are critical for accurate weather warnings to protect lives and property.  Funding for NOAA also targets new areas of investment for fisheries management, including the testing and implementation of new technologies to expand opportunities for American commercial and recreational fishermen. The bill provides $2.3 million to plan for a new Ocean Survey Vessel, but does not include the requested $147 million to fund construction of the vessel.

The bill funds NASA at $18.3 billion, a $279 million increase over FY2015, to support the human and robotic exploration of space, fund science missions that enhance the understanding of the Earth, the solar system, and the universe, and support fundamental aeronautics research. This includes $5.3 billion for Science, which is $50 million above the FY2015 enacted level and $6.4 million above the request. This funding encompasses missions from the Earth, to the Moon, throughout the Solar system, and the far reaches of the universe.

The bill provides $893 million for NIST, $29 million above the FY2015 enacted level.  The funding will strengthen the U.S. cybersecurity posture through cutting-edge research and development, expand opportunities in the areas of advanced manufacturing, and continue promotion of the highest quality standards to maintain fairness in the marketplace.

Additional information on the bill can be found here. Federal Relations will continue to monitor and post more details when they are available.