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More Senate Approps Movement (E&W, T-HUD, Mil-Con, Zika)

Today, the Senate has passed its first Energy & Water appropriations bill under regular order since 2009. The failure of Senator Tom Cotton (R-AR) Iran amendment broke up the logjam for both the FY 2017 E&W and will allow the upper chamber to consider both the FY 2017 Transportation and HUD (T-HUD) and FY 2017 Military Construction-VA (Mil-Con) bills in one combination bill next week. 

The $37.5 billion FY 2017 Energy-Water bill moved into express mode after Senators reached a unanimous consent agreement to bypass procedural floor votes and waive cloture debate time.  The T-HUD and Mil-Con bills combined make up $139.5 billion in discretionary spending, about 13 percent of the total $1.07 trillion in discretionary funding made available for FY 2017 under last year’s bipartisan budget deal. However, don’t expect smooth sailing for the Senate consideration going forward. Last year’s T-HUD bill, endured efforts to restrict funding on Mid Eastern Refugee housing, similar to Senator Cotton’s amendment. Such amendments are known as  “poison pills”. 

Also today, Senator Roy Blunt (R-MO) and Senator Patty Murray (D-WA) announced a bipartisan $1.1 billion Zika package. The White House has said that it wants $1.9 billion to fight the mosquito virus, which is spreading virulently and causing birth defects. The supplemental funding is expected to be added, via amendment, to the T-HUD, Mil-Con package considered next week. 

Senate E&W Clog Cleared, Final Passage Is In Sight

In an effort to move forward, The Senate rejected the motion to invoke cloture to limit debate on Senator Tom Cotton’s (R-AR) controversial amendment related to the Iran nuclear deal. The failure of the amendment to win cloture breaks a two-week logjam that hindered the progress of the $37.5 billion FY 2017 Energy-Water spending bill.

Technically, a cloture motion, which requires two thirds support, is designed to purely end Senate debate on a measure or amendment and move forward to a up or down or fifty plus one percent vote.  However, given the recent even distribution of the political parties in the Senate, the cloture motion is used by the Senate to gage support of a measure or issue up for debate overall. Failure to invoke cloture typically results in a withdrawal of a measure and is considered a failed vote.

With the Cotton amendment failing to invoke cloture, the Senator is expected to withdraw his amendment, which paves the way for the Senate to consider three remaining amendments (all of which are expected to pass). Final passage of the Senate FY 2017 Energy & Water Appropriations bill is expected on Wednesday.

Third Time Isn’t Charming for Senate E&W

In an expected turn of events, the Senate failed to invoke cloture last night. The Senate’s third attempt to get the 60 votes needed to limit debate on the substitute amendment for the FY 2017 Energy-Water appropriations bill fell short.

Senate Democrats have refused to support advancing the measure unless Republicans abandon a proposed amendment by Senator Tom Cotton (R-AR) that would prevent the Energy Department from using FY 2017 funds for a planned purchase of heavy water, a byproduct of nuclear fuel processing, from Iran.

The White House has said the amendment would disrupt its agreement to focus Iran’s nuclear development efforts on energy rather than weapons and force President Barack Obama to veto the overall spending measure.

The path forward for this FY 2017 bill remains unclear.

 

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.