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CR to be Unveiled Today

The House Leadership has announce that it will release the long-anticipated and negotiated continuing resolution (CR) today. The CR is not expected to have many anomalies and should be level funding from FY 2016 levels.  While there has been much negotiation between an end date in March 2017 or an end date in May 2017, the current thought is that the CR will continue federal funding until April 28, 2017. The current CR expires at midnight on Friday.

CR details will be posted as soon as they are available.

Senate Passed Cloture on Cures, NDAA & Cures to Pass Wednesday

The Senate invoked cloture Monday evening on legislation (HR 34, 21st Century Cures) designed to spur medical innovation. Eighty-five Senators supported the motion to limit debate and proceed with a vote on the measure.

It takes two days for a cloture motion to limit debate to “ripen,” and there already is one pending on the defense bill that authorizes myriad Pentagon programs and activities. Other measures are in limbo, with some senators trying to extract end-of-the-year concessions by threatening to stall action and not consent to expediting passage of popular legislation. This means a vote is likely on Wednesday, when McConnell can stack multiple roll call votes together,  so Cures will be immediately followed by a big procedural vote on the FY 2017 NDAA conference report .

The legislation includes $6.3 billion over a decade deposited in three dedicated funds that funnel money to the National Institutes of Health, the Food and Drug Administration, and to the states to respond to the growing opioid abuse crisis. The drawdown of that funding would need to be approved by federal appropriators each year. The money would be earmarked for President  Obama’s Precision Medicine Initiative, the cancer “moonshot” program backed by Vice President  Biden, and  the NIH BRAIN initiative.

The Senate is expected to clear the bill this week and Obama is expected to sign it. Biden was presiding over the chamber Monday for the vote.

 

Home for the Holidays?

The plan is for Congress to finish all its work for the year this week, with a stopgap spending measure to fund the government through next Spring. When in Spring? That’s still a very good question. 

The House Republicans held a conference meeting on Friday that did not resolve how long the stopgap should last or precisely what level of spending it should allow. Without conference agreement, only a handful of House and Senate GOP leaders and staff will decide the substance of a bill that will shape government spending for at least the better part of the current fiscal year. 

House Majority Leader Kevin McCarthy said his goal is to complete all House action by Thursday, but the true deadline is this midnight on Friday, December 9th. That is when the previous CR expires. Failure to pass a new bill would trigger a government shutdown. The new measure will most likely extend current funding levels for most federal agencies through sometime between March and May. A precise timeline had yet to be decided.

Writing the continuing resolution, which generally forbids any new projects, also requires including provisions that allow agencies to make adjustments in their spending to meet changing needs; these are called anomalies. The Pentagon already has complained to budget writers that a long-term stopgap risks doing harm to needed weapons programs and troops currently deployed overseas. While each CR does have a limited amount of anomalies, do not expect broad sweeping increases, such as a multi-billion increase to NIH

As the House takes the first steps on the CR, the Senate will consider both 21st Century Cures and the NDAA conference report this week.

House Considers NDAA Today

The House will debate and vote on the compromise National Defense Authorization Act today, likely before noon.

The measure is expected to pass, though it is unclear by how wide a margin. The White House hasn’t indicated where President Barack Obama will come down on the final bill, though it leaves out many of the most controversial provisions that drew Democratic opposition and a veto threat from the administration.

The compromise NDAA ditched the contentious riders, including provisions on the greater sage grouse and workplace protections based on sexual orientation. It’s also expected to include $9 billion on top of the Pentagon’s budget request, incorporating the administration’s $5.8 billion war supplemental request as well as funding to cover military readiness shortfalls.

For FY2017, the NDAA conference agreement would authorize Department of Defense (DoD) Basic Research (6.1) at $2.142 billion (FY16 is $2.309 billion), Science and Technology (6.1-6.3) at $12.489 billion (FY16 is $13.251 billion), and Defense Advanced Research Projects Agency (DARPA) at $2.957 billion (FY16 is $2.891 billion).

The NDAA conference also would extend the Small Business Innovation Research (SBIR) program and Small Business Technology Transfer (STTR) program until FY2022 (Sec. 1834). The bill would not make any changes to the SBIR/STTR set-aside amounts.

The conference agreement would establish the Manufacturing Engineering Education program (Sec.215), to award grants to industry, non-profits, universities or consortiums of such groups, to enhance or establish new programs in manufacturing engineering education. The Manufacturing Engineering Education program language is a slightly modified version of the Manufacturing Universities language originally included in the Senate-passed FY2017 NDAA bill.

 The FY2017 NDAA report, summary fact sheet and joint explanatory statement are posted here.

The Senate is expected to consider the bill next week.

They’re BACK & 21st Century Cures to be Considered by the House

Congress is back today for the remainder of its lame-duck session. While both the House and Senate are slated to be in session until December 16, Republicans appear content to run out the clock until President-elect Donald Trump is sworn in on January 20, which could make for a much shorter and less eventful lame duck session.

Congress still has a handful of legislative priorities to take care of before the end of this Congress, including passing a final National Defense Authorization Act and a government funding bill. The final fiscal 2017 defense policy bill could surface as early as this week. Once finalized, a conference report must be signed by House and Senate negotiators before final floor consideration in both chambers.

The compromise NDAA is expected to ditch contentious riders, including provisions on the greater sage grouse and workplace protections based on sexual orientation. It’s also expected to include $9 billion on top of the Pentagon’s budget request, incorporating the Administration’s $5.8 billion war supplemental request the Obama Administration submitted to Congress on November 10, as well as funding to cover military readiness shortfalls.

It’s still all about the money.  

Additionally, Congress needs to pass a spending bill to fund government by the December 9 to avoid a shutdown. Republican leaders decided before Thanksgiving to move a new continuing resolution (CR) through March, allowing Trump to put his mark on federal spending during his first year in office. Meanwhile, Appropriators and Congressional leadership continue to wrestle with an exact date in March to end the CR as well as if to include the supplemental funding requested by the Obama Administration. 

Agenda for the Week

In the House, lawmakers will consider a compromise bill seeking to spur efforts on medical innovation. A new version of the 21st Century Cures measure (HR 6) emerged on Friday after private negotiations among bill supporters and is headed toward a House vote on Wednesday of this week. House Members passed the original bill in 2015, but Senators were unable to complete the assembly their own bill.

The newly revised version tweaks funding, offsets and other provisions of the package seeking to revamp Food and Drug Administration procedures for approving new drugs and boosting biomedical research efforts of the National Institutes of Health.

The main order of business on the Senate floor is a bill that would study expanding a program to provide specialized medical treatments to rural and medically underserved communities.