House just passed the $1.15 trillion omnibus spending bill by a vote of 316-113. The omnibus was released earlier this week. It now heads to the Senate for passage later this afternoon.
Category: Energy R&D
Omnibus Released
House Republican Leadership released the long-awaited FY 2016 omnibus appropriations and tax extenders package late last night. The $1.15 trillion, 2,009-page package was delayed until just after 1:30 a.m. Wednesday after party leaders spent Tuesday swapping final offers.
House Republican Leadership initially said they would adhere to the GOP’s “three-day rule,” releasing the package on Tuesday and scheduling a House final passage vote Thursday. However, with the delay in filing the measure until Wednesday morning, the House also unveiled a third short-term continuing resolution (CR) to extend federal spending authority until December 22nd as a precautionary measure. The third stop gap is expected to pass both chamber today as the second CR expires tonight at midnight.
At present, the House is expected to vote on the tax-extenders package on Thursday and the omnibus spending bill on Friday, the last business for Congress before the holidays.
House Democrats have not endorsed the legislation yet, but have stated they will go through the massive bill line-by-line.
The FY 2016 Omnibus abandons the most contentious policy riders that have highly contentious and held up recent negotiations, including language that would have penalized Planned Parenthood, blocked a major clean water rule from the EPA and Army Corps of Engineers, relaxed coordination restrictions on the national political parties, imposed new restrictions on refugees from the Middle East, and peeled back portions of the Dodd-Frank financial regulatory overhaul.
One of the biggest legislative add-ons to the omnibus is a repeal of the decades-old ban on crude oil exports, which is a priority for House Republicans.
The Senate is expected to consider the legislation later in the week.
Given the size of the bill, details are still forthcoming, but highlights include:
- The National Institutes of Health received $32 billion, $2 billion above current levels.
- The National Science Foundation is funded at $7.5 billion, an increase of $119 million, and directorates such as Social and Behavioral Sciences were funded at FY 2015 levels.
- NASA is funded at $19.3 billion, an increase of $1.3 billion above the fiscal year 2015 enacted level to advance America’s leadership in space and science. Within this total, $4 billion is provided for Exploration, including funding to keep the Orion Multi-Purpose Crew Vehicle and Space Launch System on schedule, and $5.6 billion is provided for science programs.
- Defense research was funded at $69.8 billion for research, development, testing, and evaluation of new defense technologies, which was minor increases.
- The maximum Pell Grant award is increased to $5,915.
- Title VI International Education programs were held at FY 2015 levels.
- NOAA received $5.8 billion, which is $325 million above the fiscal year 2015 enacted level. Funding was included for the National Weather Service to provide critical weather information to the public, and investments in new and existing weather satellites that are essential to maintain and improve weather forecasts, including the Polar Follow On program.
- Maximum Pell Grant award to $5,915, funded by a combination of discretionary and mandatory funds.
Federal Relations continues to review the legislation and will continue to provide updates.
White House Issues Veto Threat on House’s FY16 House Interior and OMB Letter on FY16 Labor-H Appropriations Bill
As discussed yesterday, the House’s FY16 Interior appropriations bill contained significant cuts and policy riders which would be of serious concern to the White House. Accordingly, the White House has issued a Statement of Administrative Policy (SAP) about the House’s draft bill, which includes a veto threat. Additionally, the OMB Director Donovan wrote a letter on the House’s FY16 Labor-H appropriations bill outlining the Administration’s concerns.
This not the first veto threat offered by the administration this year (see here and here). Both SAPs for the House’s FY16 Interior and FY16 Labor-H measures cite the conformance to Sequestration levels of funding as an overarching reason to veto the measures, which has been a reoccurring theme all year.
The SAP on the FY16 Interior bill cites the drastically underfunded core Department of the Interior programs as well as the Environmental Protection Agency’s operating budget. Additionally, the SAP states concerns with “the numerous highly problematic ideological provisions that have no place in funding legislation. These provisions threaten to undermine the ability of States and communities to address climate change and protect a resource that is essential to America’s health—clean water, as well as the most basic protections for America’s special places and the people and wildlife that rely on them.
Additionally, the Administration raises concerns with the numerous policy riders including: blocking the Department of the Interior’s proposed fracking regulations; preventing the implementation of the National Ocean Policy; prohibit funding for the EPA to impose new Green House Gas standards; prevent the EPA from continuing work to implement the 2008 Lead Renovating and Repairing rule until the EPA develops a commercially available “improved” lead paint test kit; and allow the use of lead ammunition in the hunting of migratory waterfowl on public lands.
Finally, the SAP raise separation of powers concerns with the bill due to the policy provisions.
The OMB letter on the FY16 Labor-H bill cites the cuts and restrictions to the Affordable Care Act, the cuts to programs like Head Start, the $6.7 billion cut to the Department of Ed (from the PBR’s proposal), and the effective $370 million cut to Pell. The SAP says in part:
“Through a combination of funding cuts and ideologically-motivated restrictions, the Subcommittee bill would obstruct the functioning of the Health Insurance Marketplaces, jeopardizing or disrupting coverage for the more than 10 million people currently enrolled in health insurance plans through the Marketplaces. It would also deny assistance to States expanding their Medicaid programs under the ACA, jeopardizing coverage for many millions more.
– and –
“This bill includes a $370 million cut to the Pell Grant program, which will make it more difficult to help students pay for college over the next decade. It also cuts funding for administering and overseeing the student aid programs by $136 million, or roughly 9 percent, below the President’s request, hurting the Department of Education’s ability to hold the approximately 6,500 colleges and universities that receive Federal dollars accountable to students and taxpayers and ensure that all students have access to high quality loan servicing.”
Additionally the letter cites concerns about the elimination of Title X family planning funds, cuts to the Social Security Administration, and cuts to the Biomedical Advanced Research and Development Authority (BARDA) which procures new medical countermeasures to protect against potential chemical; biological, radiological and nuclear attacks. Finally, the Administration is concerned about the numerous policy riders including the prevention of the ED from implementing the Gainful Employment regulations as well as the host of riders designed to defund and effectively kill the ACA.
House to Consider FY16 Interior Bill
The House is expected to consider their FY16 Interior-Enviornment Appropriations bill for the bulk of this week. The $30.2 billion Interior-Environment spending bill will take center stage as the House is scheduled to consider the controversial measure on the Floor, possibly for long hours with many amendments.
The typically contentions bill is particularly so this year because of impacts to environmental policy priorities for the Administration. The bill would bar the Obama administration from implementing its final Clean Water Act rule defining the scope of the government’s regulatory authority under the law. It would keep the Bureau of Land Management from enforcing its hydraulic fracturing regulations on public lands in states that have their own rules governing those operations. Similarly, it would preclude the EPA from imposing a federal plan on states that do not submit their own strategies to implement the agency’s greenhouse gas limits for existing power plants, known as the Clean Power Plan. It contains several policy riders that would block Obama administration initiatives including endangered species protections and climate change regulations.
While the Administration has yet to issue a veto threat against the legislation, it would not be unexpected given the proposed cuts and policy riders.
House Passes CJS
Today, the House of Representatives passed HR 2578, the FY16 Commerce, Justice, Science bill by a vote of 242–183. Twelve Democrats voted for and ten Republicans voted against the $51.4 billion measure. The legislation had a host of amendments ranging from Cuba, bullets, immigration, to marijuana.
Unfortunately, no amendments were offered on some of the most concerning provisions to the research community, mainly the cuts to NSF’s Geosciences (GEO) and Social, Behavioral, and Economic Sciences (SBE) directorates. Overall, the legislation appropriates $7.3 billion for NSF, which is $50 million or a 0.7 percent increase over FY15. The bill appropriates $5.9 billion for the Research and Related Activities account which is an increase of $50 million, or 0.8 percent above the FY15 level. Both the Education and Human Resources ($866 million) and Major Research Equipment and Facilities Construction ($200 million) Directorates are flat funded.
While avoiding specific funding levels by directorate, the House Committee Report language directs NSF to allocate no less than 70% of research and related activity funding to Biological Sciences, Mathematics and Physical Sciences, Engineering, and Computer and Information Sciences and Engineering. Moreover. Further, the language also directs NSF to allocate no less than FY15 levels for the: Office of International Science and Engineering; Integrative Activities; and U.S. Arctic Commission. The results of this direction would significant cut to the two directorates not explicitly named: GEO and SBE. This language would force NSF to cut over $250 million. The combined current budget for these two directorates is $1,576.6 million; the FY 2016 budget in the House bill is $256.7 million or 16.3 percent less. In FY15, the GEO budget $1.3 billion and the SBE budget $272 million.
These cuts reflects similar assaults on these directorates from the House’s recently passed America COMPETES legislation.
In the May 14th Science Insider article, House CJS Appropriations Subcommittee Chairman John Culberson (R-TX) indicated the rationale behind such a cut was that geosciences is not a “pure science.” Clearly there is strong communication between the two committees.
Unfortunately, there are additional report language concerns. the report language also directs the NSF to develop guidelines and present a plan to the committee within 180 days of enactment to ensure that research conducted by NSF grantees is replicable. At this time, the community does not fully know the implications, if any, such language could have on the research conducted at U.S. universities.
Amendments of note:
- The House narrowly defeated an amendment (213 to 214) from Rep. Elizabeth Esty (D-CT) that would have increased funding for Industrial Technology Servicese (ITS). ITS consists of 3 programs, including the Hollings Manufacturing Extension Partnership. The amendment would have increased funding for ITS by $11 million and reduced funding for buildings and facilities of the federal prison system by $31M.
- An amendment from Rep. Brian Babin (R-TX), which would have reduced funding for the science mission directorate by $103M, and directed $67M to the Orion Multi-Purpose Crew Vehicle and exploration. Rep. Babin decided not to offer the amendment.
- An amendment offered by Rep. Marsha Blackburn (R-TN) that would reduce funds in the bill by 1 percent across-the-board excepting the FBI and specified accounts for the Department of Justice. The Blackburn amendment failed by a vote of 168-257.
- An amendment offered by Reps. Bill Foster (D-IL) and Scott Garrett (R-NJ) that would prohibit the use of funds to fund any Experimental Program to Stimulate Competitive Research (EPSCoR) program within NSF or NASA. The Foster-Garrett amendment failed by a vote of 195-232.
Here is a list of all the amendments that passed.
In addition, the White House has issued a Statement of Administration Policy opposing the passage of the House legislation.
Attention on FY16 CJS now turns to the Senate.