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House and Senate Agree to Conference Zika Funding Bills

Today, the House voted 233-180 Thursday for a rule that would allow the chamber go to conference with the Senate over differences in the two chambers’ respective versions of their FY2017 Mil-Con appropriations measures as well as legislation to address the Zika virus. The Senate will also need to agree to go to conference.

The House and Senate has vastly different approaches to Zika funding. The House funding was a separate measure, which only provided $622 million and passed on a largely party-line vote of 241-184 while garnering a veto threat from President Obama because it provides less than a third of his $1.9 billion request. The Senate included $1.1 billion, again less than the $1.9 billion requested, and was attached to the Senate’s FY2017 Mil-Con and T-HUD combined measure. 

Once convened the House and Senate have a limited amount of time to resolve their differences.

House FY2016 E&W Fails on the Floor

Earlier today, House’s FY2017 Energy and Water Appropriations bill (HR 5055) failed by a vote of 112-305. It is the second regular appropriations bill to be considered by the House this year. The first was the FY2017 Mil-Con measure, which passed last week.

The measure failed to pass due to a series of amendments that poisoned the bill for both Republicans and Democrats. For the Democrats, there were a host of provisions added that dealt  illegal immigration “sanctuary cities” and the Iran nuclear deal among others. Additionally, the President had previously issued a veto threat on the measure over several policy riders, including ones that ease protections for an endangered fish to allow more water to be diverted within drought-stricken California as well as provisions to prevent implementation of Clean Water Act regulations..

The damning amendment for conservative Republicans was an added last night by Rep. Sean Patrick Maloney (D-NY) and passed by a vote of 223-195, which would bar federal contractors from discriminating against lesbian, gay, bisexual and transgender people.The Maloney amendment was first offered on the House FY2017 Mil-Con bill, which appeared to pass 217-206, but ultimately was defeated after the Leadership’s effort switched enough Republican votes to defeat the measure, 212-213. Many House Republicans opposed the amendment because it would have the effect of enacting into law a 2014 Executive Order by President Barack Obama.

Upon the amendment’s failure on the FY2017 Mil-Con bill, Rep. Maloney insisted he would continue to offer the amendment, or similar to each subsequent appropriations measure. This position lead to the House Republicans changing their tactics on future appropriations considered on the Floor, but not until after the HR5055, the FY2017 E&W bill was already on the Floor for consideration.

Ultimately, just 106 Republicans voted in favor of the bill, while 130 voted against it. There were only six Democratic votes in favor as well, with 175 opposed.

With the failure of the bill, the House recessed for the Memorial Day Recess period.

White House Threaten Veto on House FY 2017 E&W Bill

This week, the House is expected to consider on the House Floor HR 5055, Energy and Water Appropriations for FY 2017. The bill provides a total of $37.4 billion in funding subject to discretionary caps for FY 2017 for the Energy Department and federal water projects, $259 million more than comparable FY 2016 funding and $168 million more than requested. On a programmatic level, after factoring out rescissions and other scorekeeping adjustments, it provides a total of $37.7 billion to the departments and agencies funded by the measure, $350 million more than the current level and $88 million more than requested. Compared with current funding, the measure increases funding for the Army Corps of Engineers by 2%, nuclear weapons activities by 4% and fossil fuels energy research by 2%. It decreases funding for nuclear nonproliferation programs by 6%, the Bureau of Reclamation by 10% and research on renewable-energy programs by 12%.

The White House has issued a veto threat though a Statement of Administrative Policy (SAP) late yesterday. The Administration cites the failure to adequately or robustly fund energy research accounts. This is not the first, nor likely the last veto threat of the fiscal year.

Read the SAP here.

House FY2017 CJS Mark Up Tuesday Morning

The full House Appropriations Committee will mark up the FY2017 CJS bill tomorrow at 10:30am EST, more details can be found here.

The Committee Report is here, and the legislative text can be found here.

Overall, the legislation contains $56 billion in total discretionary funding, an increase of $279 million over FY2016 and $1.4 billion above the President’s request for these programs. Big bumps were given to Department of Justice programs, which received $29 billion, an increase of $347 million above the FY2016 enacted level including large bumps given to the FBI, DEA, ATF, and the Executive Office for Immigration Review. Within this funding, priority is given to critical activities that protect the safety, rights, and property of individuals and families across the nation. The bill includes $103 million for programs to help stem this abuse – the full amount recently authorized by the House-passed Comprehensive Opioid Abuse Reduction Act of 2016. This includes funding for activities such as drug courts, treatment, and prescription drug monitoring.

Other highlights include:

National Science Foundation (NSF)

For NSF, the FY2017 bill would fund the NSF at $7.407 billion, $57 million less than FY2016 enacted.  Under NSF, Research and Related Activities would receive $6.08 billion, a $46 million increase and Education and Human Resources would be level-funded at $880 million.

  • Unlike the House’s FY2016 CJS mark, there is no language on funding levels for specific directorates. 
  • Major Research Equipment and Facilities Construction (MREFC) would receive $87.1 million, a $113 million decrease from the FY2016 enacted amount.

Included in the committee report is language of note on both Peer Review and Grant Abstracts.

“Peer review.—The Committee has long been supportive of NSF’s peer review process to identify and recommend funding for scientifically meritorious research. NSF’s ability to fund cutting-edge research helps keep the United States at the forefront of research across all scientific disciplines, which in turn builds the technological capabilities that underpin economic growth and prosperity.”

“Abstracts.—The Committee directs NSF to continue its efforts to ensure that award abstracts clearly explain in plain English the intent of the project and how the project meets both the intellectual merit and the broader impact review criterion. Improving the peer review process and project abstracts are critical to protecting NSF’s stellar scientific integrity. The abstracts serve as a public justification for NSF funding decisions by articulating how the project serves the national interest, consistent with the Foundation’s mission as established in the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq). The Committee believes that abstracts should explain how a project increases economic competitiveness in the United States; advances the health and welfare of the American public; develops an American STEM workforce, including computer science and information technology sectors, that are globally competitive; increases public scientific literacy and public engagement with science and technology in the United States; increases partnerships between academia and industry in the United States; supports the national defense of the United States; or promotes the progress of science for the United States.”

National Aeronautics and Space Administration (NASA)

For NASA, the bill would provide $19.5 billion, a $223 million increase from the FY2016 enacted level. The Science Directorate would receive $5.597 billion, an increase of $8 million. Space Grant would be level-funded at $40 million. Aeronautics would receive $712 million, an increase of $72 million and Space Technology would receive $739 million, a $52 million increase. 

National Ocean and Atmospheric Administration (NOAA)

The legislation contains $5.6 billion for NOAA, which is $185 million below the enacted level and $268 million below the President’s request. Funding is targeted to important priorities such as the National Weather Service, which receives $1.1 billion – $12 million above the President’s request.

The bill also includes full funding for the continuation of the current Joint Polar Satellite System weather satellite program and the Geostationary Operational Environmental Satellite program to help maintain and improve weather forecasting to warn communities about potentially devastating natural disasters.

To make these investments, the bill reduces funding in lower-priority NOAA activities such as climate research, ocean services, and others.

Programs of note include:

  • National Ocean Service’s Integrated Ocean Observing System Regional Observations received $31.5 million, which is a $2 million increase.
  • The Office of Ocean and Atmospheric Research’s Climate Laboratories and Cooperative Institutes account received $50 million, which is a $10 million cut from FY2016. That said, there is interesting language regarding this account included in the Committee report (see below).

Also included was language of note on Extramural Research, NMFS Cooperative Research, OAR’s Independent Analysis, OAR’s Weather and Air Chemistry Research, OAR’s Labs and Cooperative Institutes, and language on Ocean Acidification.

“Extramural research.—The Committee believes that NOAA benefits from collaboration with academia and the private sector through cooperative institutes and competitive research. These relationships build broad community engagement, leverage external funding for mission-oriented research, strengthen the science within NOAA, and advance scientific knowledge.”

NMFS

“Cooperative research.—The recommendation includes $12,000,000 within Fisheries Data Collections, Surveys and Assessments for cooperative research, which shall be used to support external, independent data collection and other research. The Committee expects that all funding provided shall be used for cooperative fisheries research and not for NOAA activities or administrative overhead costs. NOAA shall submit a report no later than 90 days after enactment of this Act listing all cooperative research grants funded in fiscal year 2016, to include the amount, the fishery, the type of information collected, and the expected uses for that data. The Committee is concerned that cooperative research is not ingested into fishery stock assessments in a timely manner. The report shall address NOAA procedures and timeframes for making use of this independent fisheries research.”

OAR

“Independent analysis.—NOAA is encouraged to increase funding for academia to perform independent climate model evaluation studies and to enable the production of atmospheric data sets from satellite observations for such studies. Satellite observations of the atmosphere provide information that is critical in the interpretation of Earth-based observations and in the evaluation and improvement of climate model simulations.”

“Weather and Air Chemistry Research.—The Committee includes $118,158,000 for Weather and Air Chemistry Research, an increase of $15,000,000 above fiscal year 2016, and encourages NOAA to continue research efforts that lead to near-term, affordable, and attainable advances in observational, computing, and modeling capabilities to deliver substantial improvements in weather forecasting for the protection of life and property. NOAA shall substantially accelerate the transition of its research to operations in ways easily adopted by the operational forecasting community.”

“Laboratories and Cooperative Institutes.—The Committee recognizes the important role that the coordinated NOAA Laboratories and Cooperative Institutes play in fulfilling NOAA’s Mission Goals and Strategic Plan. To continue to fulfill NOAA’s mission, NOAA should enhance its support of advanced monitoring and predictive modeling to explore deep water issues and their effect on the U.S. coastline. The Committee encourages NOAA to expand the role Cooperative Institutes play in fulfilling this role, and to consider how additional Cooperative Institutes, or consortia partners, could strengthen NOAA’s ability to support this monitoring and modeling.”

“Integrated Ocean Acidification Research.—The Committee encourages NOAA, in coordination with the Office of Science and Technology Policy, to implement a program to competitively award prizes under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) to stimulate innovation to advance the understanding, research, or monitoring of ocean acidification or its impacts; or to develop management or adaptation options for responding to ocean acidification. In prize competitions, the Committee encourages NOAA to prioritize communities, environments, or industries that are in distress due to the impacts of ocean acidification.”

“Adaptation and mitigation for ocean acidification.—The Committee encourages NOAA to continue to develop ocean monitoring and modeling capabilities, as well as vulnerability assessments, necessary to support research on innovative methods to mitigate and adapt to ocean acidification, such as biological uptake and iron fertilization. As GAO noted in its 2014 report on ocean acidification, the Federal Government has yet to develop adaptation and mitigation strategies as required by the Federal Ocean Acidification Research and Monitoring Act of 2009. The Committee encourages NOAA to actively pursue the research necessary to develop these strategies.”

 

House Keeps Moving on Appropriations

This week, the House is expected to move the FY2017 E&W bill on the Floor while the House Appropriations Committee is expected to mark up FY 2017 CJS and T-HUD bills in full committee and FY 2017 Interior in subcommittee.

The House FY2017 E&W bill provides a total of $37.4 billion in funding subject to discretionary caps for FY 2017 for the Energy Department and federal water projects, $259 million more than comparable FY 2016 funding and $168 million more than requested. On a programmatic level, after factoring out rescissions and other scorekeeping adjustments, it provides a total of $37.7 billion to the departments and agencies funded by the measure, $350 million more than the current level and $88 million more than requested.

Compared with current funding, the measure increases funding for the Army Corps of Engineers by 2%, nuclear weapons activities by 4% and fossil fuels energy research by 2%. It decreases funding for nuclear nonproliferation programs by 6%, the Bureau of Reclamation by 10% and research on renewable-energy programs by 12%.

Democrats object to several policy provisions, including those that would prohibit funding for certain regulatory activities and those that would require that water in Northern California be diverted south for agricultural and other uses. The bill is expected to be considered under an open rule.

More information about the House FY2017 CJS and Interior bill will be posted as it is made available.