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A Number of Environment Provisions Included As Well

The bill that is still awaiting the President’s signature (will he or won’t he?) includes a section that aims to address some of the current environmental and climate concerns.

It address a number of issue areas, such as emission reduction, carbon capture and utilization, and innovative manufacturing.  This section of the bill is Division S.

5,593-page Bill Now Ready

A few hours ago, the text of the combined package containing the FY2021 omnibus spending bill and the next COVID relief legislation was released.  The text of the 5,593-page bill is available here.

Needless to say, it will take some time to go through the bill to pull out the provisions of most relevance to UW. However, provided below are some initial points of interest.

COVID RELIEF PACKAGE

Education

$82 Billion for Education

  • $4.05 billion to Governors for education purposes, with $2.75 billion set aside for private education funding
  • $54.3 billion for public K-12 education
  • $20.2 billion for public and private non-profit higher education, going directly to institutions
    • the distribution of funds will be based on a combination on a host of factors, such as the number of full-time Pell students, the number of total Pell students, the number of full-time students, the number of total students
    • With these funds, institutions would have to spend at least the same amount they spent on student emergency grants with CARES funding.
  • $681 million for for-profit higher education
  • $1.7 billion for MSIs and $113.5 million for institutions with the highest need
  • $113.5 million for those institutions with the greatest need caused by COVID-19

FAFSA Simplification

  • Reduces total questions on the FAFSA from 108 questions to a maximum of 36 questions
  • Reduces the Department of Education’s lengthy financial data verification process by instead using data from the Internal Revenue Service
  • Creates simpler Pell Grant eligibility guidelines for maximum and minimum awards, so many applicants will know if they will get a maximum or minimum grant to go to college
  • Seeks to more clearly define terminologies to help families understand the questions being asked.
  • Higher level of income protection allowance.
  • Allows incarcerated students to become eligible for Pell.
  • Eliminates drug conviction and Selective Service registration eligibility thresholds.

Health Provisions

  • $9 Billion for CDC and states for vaccine distribution
  • $22 Billion for state for testing, tracing, and mitigation
  • Medicare:
    • injects $3 billion into the physician fee schedule in 2021, resulting in payment increases across the board helping all Medicare providers during the ongoing COVID-19 pandemic
    • continues the current Alternative Payment Model (APM) thresholds for two additional years, allowing more providers to qualify for the 5 percent APM payment who would otherwise have been disqualified because of statutory increases in threshold amounts
    • delays the 2 percent sequester cuts that were supposed to resume January 1, 2021, for three additional months
  • Enacts HR 3425, Medicare GME treatment of hospitals establishing new medical residency training programs after hosting medical resident rotators for short durations. This section allows hospitals to host a limited number of residents for short-term rotations without being negatively impacted by a set permanent full time equivalent (FTE) resident cap or a Per Resident Amount (PRA).
  • Enacts Promoting rural hospital GME funding opportunity (HR 8892). This section makes changes to Medicare graduate medical education (GME) Rural Training Tracks (RTT) program in order to provide greater flexibility for rural and urban hospitals to partner and address the physician workforce needs of rural areas.

Tax/HR Provisions

  • Energy efficient commercial buildings deduction. This provision allows an increased deduction for buildings that meet above-industry standards of energy efficiency in the year they are placed in service. The energy efficiency standards are updated and the deduction rate is indexed to inflation.
  • Transition from deduction for qualified tuition and related expenses to increased income limitation for lifetime learning credit. After 2020, this provision repeals the qualified tuition deduction and replaces it by increasing the phase-out limits on the Lifetime Learning credit to hold taxpayers harmless.
  • Employee Retention Tax Credit (ERTC) extended and expanded Beginning on January 1, 2021 and through June 30, 2021, among other things, the provision, allows colleges, universities and entities who’s primary purpose is to provide health care to participate.
  • Five-year extension of exclusion for certain employer payments of student loans.
  • Certain charitable contributions deductible by non-itemizers. This provision extends and modifies the non-itemizer charitable deduction for 2021 and increases the maximum amount that may be deducted to $600 for married couples filing a joint return (while non-married filers or married filers who file separately are limited to $300).
  • Modification of limitations on charitable contributions. This provision extends for one year the increased limit ($600) from the CARES Act on deductible charitable contributions for corporations and taxpayers who itemize.
  • Temporary special rules for health and dependent care flexible spending arrangements. This provision provides further flexibility for taxpayers to rollover unused amounts in their health and dependent care flexible spending arrangements from 2020 to 2021 and from 2021 to 2022. This provision also permits employers to allow employees to make a 2021 mid-year prospective change in contribution amounts.
  • Temporary changes to Flexible Savings Accounts. This provision provides further flexibility for taxpayers to rollover unused amounts in their health and dependent care flexible spending arrangements from 2020 to 2021 and from 2021 to 2022. This provision also permits employers to allow employees to make a 2021 mid-year prospective change in contribution amounts.
  • Codifies Education guidance and states that emergency grants that students received from the CARES Act or any other emergency grant funding from institutions, states, the federal government, or any other entity for emergency purposes would not count as gross income for tax purposes.
  • IRS and Education to work together to ensure that the sharing of taxpayer data for purposes for federal student aid does not create unintended problems with respect to confidentiality.

Other pandemic-related provisions

  • SNAP benefits extended to college students who are eligible for federal or state work study programs or have $0 EFC for federal student aid formula purposes, and are at least half-time
  • Second round of PPP loans
  • $300 per week unemployment payments for 11 weeks (through March 14, 2021)
  • $600 per person in direct payments (including for children), phased out at $75,000 per person/ $150,000 per couple
  • $25 billion for rental assistance and eviction moratorium through January
  • $1.3 billion for broadband connectivity
  • Extends the date by which state and local governments much make expenditures with CARES Act Coronavirus Relief Fund awards from December 30, 2020 to December 31, 2021.
  • Transportation aid: $15 billion for airlines, $14 billion for mass transit, $10 billion for state highways, $2 billion for airports and $1 billion for Amtrak.
  • Broadband: $3.2 billion for low income broadband expansion

 

FY2021 OMNIBUS APPROPRIATIONS PACKAGE PROVISIONS OF INTEREST

  • NIH $42.9 billion, an increase of $1.25 billion
    • $3.118 billion, an increase of $300 million, for Alzheimer’s disease and related dementias research;
    • $560 million, an increase of $60 million, for the BRAIN Initiative;
    • $541 million, an increase of $8 million, for research related to opioids through the HEAL Initiative;
    • $220 million, an increase of $20 million, for Universal Flu Vaccine Research;
    • $3.09 billion, an increase of $20 million, for HIV/AIDS Research, including funding for the Centers for AIDS Research as part of the Ending the HIV Epidemic Initiative;
    • $65 million, an increase of $5 million, for the INCLUDE Down syndrome research initiative;
    • $12.5 million for research on firearm violence prevention;
    • $44 million, an increase of $5 million, for the Office of Research on Women’s Health; and
    • Funding for new initiatives, including $10 million for research on premature births, $10 million for research on tick-borne diseases, and $50 million for research on artificial intelligence to address chronic diseases
  • NSF $8.5 billion, an increase of $208.4 million above the FY20
  • CDC, $7.9 billion an increase of $125 million ($56 million, an increase of $5 million, for public health workforce and career development)
  • NIOSH $345 million, an increase of $2.5 million
  • AHRQ $338 million, level funded
  • NOAA Sea Grant $75 million, an increase of $2 million above FY20
  • DOE EERE $2.86 billion, an increase of $72 million above FY20
  • DOE Office of  Science $7.026 billion, an increase of $26 million above FY20
  • DOE Advanced Research Projects Agency $427 million, an increase of $2 million above FY20
  • NEA $167.50 million, an increase of $5.25 million
  • NEH $167.5 million, an increase of $5.25 million
  • Pell $6,495 for the maximum Pell Grant, an increase of $150
  • SEOG $880 million
  • Federal Work Study $1.2 billion
  • Corporation for Public Broadcasting $475 million, in 2023 advance funding, an increase of $10 million
  • IMLS $257 million, a $5 million increase
  • State Dept $100.7 million for combatting wildlife trafficking
  • USGS $25.7 million is included for continued development and expansion of the ShakeAlert West Coast earthquake early warning (EEW) system
  • USGS CRUs $25 million level funding

The House is debating the bill now and the Senate is expected to follow suit later this evening.

As we noted above, this is a very big piece of legislation, one that we will continue to review in the days to come.  We will continue to update this blog.  Please check back for additional updates.

 

Will We See More Appropriations and Senate “COVID 4.0” This Week?

After adopting a four-bill spending package for FY2021 last week, the House is currently scheduled to take up an even larger seven-bill “minibus” later this week, H.R. 7617.The legislation combines the FY2021 Defense, Commerce-Justice-Science, Energy and Water Development, Labor-HHS-Education, Financial Services-General Government, Homeland Security, and Transportation-HUD measures.  As we noted last week, the Senate has yet to move on even a single spending bill.

Meanwhile, over the on the Senate side of the Capitol, we may finally see this week a set of proposals that represents the Senate Republican wish list for a “COVID 4.0” relief package.  The Senate Republican leadership had hoped to unveil something last week but could not work out differences among themselves and with the White House.  The goal is to unveil a proposal this week so that they can start negotiating with the Democratic House, which passed the the HEROES Act in May as its marker for negotiations.  There is pressure to act as quickly as possible as a number of benefits from the CARES Act are scheduled to expire very soon, including expanded unemployment benefits.

Spending Bills Move to the House Floor

After a flurry of activities in subcommittee and full committee the last two weeks, the vast majority of FY2021 spending bills is scheduled to move to the House floor this week and next for consideration by the full chamber.  Rather than considering them individually, the bills will be grouped into two different “minibus” legislative packages.

The first grouping of bills, H.R 7608, is made up of four pieces of legislation and it is slated for consideration later this week:  State-Foreign Operations; Agriculture; Interior; and, Military Construction-Veterans Affairs.  A summary of the package, prepared by the House Democratic staff, is available here.

The second batch, H.R. 7617, is currently scheduled for floor action next week.  This second minibus pulls together seven of the eight remaining spending measures:  Defense; Commerce-Justice-Science; Energy and Water; Financial Services; Homeland Security; Labor-HHS-Education; and, Transportation-Housing.  A summary of the different parts of the large bill is available here.

Should these packages pass, only the Legislative Branch would remain unapproved in the House by the end of next week.

CJS and Defense Up Next

The House Appropriations Committee just completed its markup of the Labor-HHS and Energy and Water Development bills.  It is scheduled to take up tomorrow the FY2021 Commerce-Justice-Science and Defense bills.

NSF

Within the CJS bill, NSF would be funded at $8.55 billion, an increase of $270.0 million

The Research and Related Activities would receive $6.97 billion, an increase of $229.9 million above the current level.  The Major Research Equipment and Facilities Construction account would be flat funded at $243.2 million.  The Education and Human Resources account would see an increase of $30 million and would be funded at $970.0 million.

The report highlights a number of topics of special emphasis for and interest to Congress.  These include, for example:

Artificial intelligence (AI).—The Committee believes it is important to maintain leadership in artificial intelligence and commends NSF for its significant investments in this area. The Committee recognizes the potential of artificial intelligence to transform the economy, foster economic growth, support national security, and enhance well-being.

To continue the progress in this emerging field, the Committee recommends no less than the fiscal year 2020 levels to support AI related grants and interdisciplinary research initiatives. The committee encourages NSF to continue its efforts in workforce development for AI and other emerging technologies, with focused outreach to community colleges, Historically Black Colleges and Universities, Hispanic Serving Institutions, and Minority Serving Institutions.

The Committee urges NSF to invest in the ethical and safe development of AI. Within 90 days of enactment of this Act, NSF shall provide the Committee with a report on its efforts to prioritize investments in AI research. In addition, the Committee encourages NSF to report to the Committee on any cooperative projects on Artificial Intelligence between United States entities and international partners.

Quantum initiative.—The Committee supports NSF’s research program in quantum information science and technology in support of the authorized activities included in section 401 and section 402 of the National Quantum Initiative Act (Public Law 115 368). This emerging field of science promises to yield revolutionary new approaches to computing, sensing, and communication. NSF should remain committed to developing and supporting systems that facilitate tremendous leaps in computational simulation, including artificial intelligence, storage, quantum computing, and data analyses that enable a broad range of scientific research. Leading edge highperformance computing infrastructure is vital for continued U.S. world leadership and international scientific competitiveness, particularly given computational investments and technical achievements in high-performance computing by other nations. The recommendation provides no less than the fiscal year 2020 level for these activities.

Harmful Algal Blooms (HABs).—The Committee supports the work of the Oceans and Human Health program to better understand the public health risk of environmental exposures and encourages NSF to continue to support research into the human health impacts of HABs in marine coastal regions, the Great Lakes Basin, and other freshwater systems. HABs jeopardize the integrity of drinking water resources in these regions. The recommendation provides no less than the fiscal year 2020 level for HAB research activities.

Asian American and Native American Pacific Islander-Serving Institutions (AANAPISIs).—The Committee notes that among the minority-serving institutions with whom NSF provides grant opportunities, AANAPISIs are not designated. The Committee urges NSF to increase grant funding opportunities for AANAPISIs, and to reach out to these institutions to raise awareness regarding these grants.

Broadening participation programs.—To broaden the participation of underrepresented populations in STEM education programs and, ultimately, the STEM workforce, the recommendation provides no less than $51,000,000 for the Louis Stokes Alliance for Minority Participation; no less than $70,000,000 for the Robert Noyce Teacher Scholarship Program; no less than $75,000,000 for the Advanced Technological Education Program; and no less than $18,000,000 for the Tribal Colleges and Universities Program.

Computer Science for All (CSforAll).—CSforAll will help facilitate research into effective approaches to the teaching and learning of computer science across grades Pre-K 12; it is critical to NSF’s mission and to ensure America’s children are prepared for a 21st century economy. The Committee supports this new program and is encouraged by its promise.

NOAA

The bill would fund the Office of Oceanic and Atmospheric Research (OAR) at NOAA at $584.4 million, an increase of $36 million above the current level.

Within OAR, the Climate Research program would be funded at $190.0 million, which includes $78 million for Laboratories and Cooperative Institutes and $69 million for Climate Competitive Research.

The OAR account in this bill would also increase by $4 million for the Sea Grant program, bringing the total to $71 million.

The Integrated Ocean Observing System (IOOS), funded through the National Ocean Service at NOAA, would be funded at $40.5 million.

NASA

The agency as a whole would be flat funded at $22.6 billion in this bill.  The Science Directorate programs would receive a total of $7.1 billion.  The Space Technology Directorate would see $1.1 billion while Aeronautics would receive $819 million.  As part of the STEM Engagement Office, the Space Grant program would see an increase of $2 million and would be funded at $50 million.

The Science Directorate would break down, in part, in the following manner:

  • Earth Science:  $2.0 billion
  • Planetary Science:  $2.7 billion
  • Astrophysics:  $1.3 billion
  • Webb Telescope:  $423 million
  • Heliophysicis:  $633 million

The bill would fund the WFIRST project at the community-requested level of $505.2 million.