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COMPETES Reauthorization Heads to President for Signature

Just moments ago, the House of Representatives passed the American Innovation and Competitiveness Act (S.3084). It was passed under suspension of the rules, during a pro forma session.  The measure passed the Senate on June 22, 2016 by unanimous consent.

For Fiscal Year (FY) 2017, the bill authorizes $7.5 billion for NSF, which is the same level of funding included in the Senate’s FY2017 Commerce-Justice-Science Appropriations bill. For FY2018, the bill authorizes a four percent increase in funding for NSF. It’s worth pointing out that this is still tentative and could change. Lastly, it worth pointing out that there is also no directorate-by-directorate level funding for NSF in the bill, and we don’t anticipate there will be any offered at the markup. That is a big difference with the House’s FIRST Act and a big win for the NSF research community, particularly the Social and Behavioral scientists.

Here is a broader summary.

Trump Picks Pruitt for EPA

President-elect Donald Trump has picked Oklahoma Attorney General Scott Pruitt, a frequent critic of the Obama Administration, to lead the Environmental Protection Agency.

Pruitt, 48, has emerged as a hero to conservative activists. He is one of a number of Republican attorneys general who have formed an alliance with some of the nation’s top energy producers to push back against the Obama regulatory agenda and has challenged many of President Barack Obama’s regulations. He helped lead the legal charge against the Clean Power Plan carbon rule, which he said tramples on states’ rights. A constitutional lawyer, Pruitt also led more than two dozen states in challenging the EPA’s Waters of the United States rule, which is now on hold waiting a court hearing date.

CR Released, Should Pass This Week

The continuing resolution (CR) was released late last night. The text of the legislation is here. The big news is that the CR will fund the federal government through April 28, 2017. The legislation maintains the current budget cap level of $1.07 trillion put into place under the Budget Control Act of 2011, which results in an across the board cut of .1901%.

The House is expected to vote on the measure on Thursday and the Senate is expected to follow suit on Friday. 

Big Items of Note: 

The Defense Overseas Contingency Fund, which is not subject to budget caps, was increased by $8 billion in response to the Administration’s request to combat ISIS. Of note, the Administration asked for $11.6 billion.  The CR increase does include RDT&E funding that is related to the Global War on Terrorism and the Joint Improvised Explosive Device Defeat Fund received a $87M increase.  The funding will go to both defense-specific funding to combat ISIS as well as non-military spending — such as Humanitarian Assistance, State Department and USAID operations funding, Economic and Stabilization Assistance, and Embassy security funding — to combat ISIS. 

The CR does add funding in FY 2017 to accounts created and highlighted in the Cures bill for opioids, NIH and FDA initiatives, and Flint drinking water. The Cures funding is fully offset per the authorizing bill. Specifically, the totals for the year amount to: 

  • $500 million in grants to states to fight opioid abuse, 
  • $352 for the new NIH Innovations Fund (as created by Cures), 
  • $20 million directed to the FDA Innovation account (as created by cures), and  
  • $50 million is directed to HHS to address health issues relating to a lead-tainted drinking water system in Michigan. 

There is a provision to address President-elect Trump’s Secretary of Defense nominee, Ret. USMC Gen. James. Mattis, who left service three years ago. Under a 1947 federal statute, Secretaries of Defense must be civilians or retired from service for at least 7 years to be eligible to serve; its an effort to assure civilian control of the military. This requirement has been waived once in 1950 for General George C. Marshall. 

Other Items of Note:

There is additional funding to allow continued operations and data collection for continuation of data for weather warnings, including forecasts of severe weather events from NOAA’s Joint Polar Satellite System.

There is a provision allowing additional funding, if needed, for the housing and care of Unaccompanied Alien Children (UAC) after February 1, 2017. The number of UACs has been spiking as of late and was an issue for the FY2017 appropriations cycle. Of note, this funding comes from the Labor-H appropriations bill. 

Additional updates will be posted on our blog. 

White House Issues Veto Threat on House FY 17 Interior Approps Bill

Today, the White House issued (another) veto threat via a Statement of Administrative Policy (SAP) about the House’s FY 2017 Interior appropriations bill. The White House said the bill underfunds core Department of the Interior (DOI) programs as well as the Environmental Protection Agency’s (EPA) operating budget, which supports nationwide protection of human health, and vital air, water and land resources.  The funding levels in the bill would significantly hamper investments that reduce future costs to taxpayers by facilitating increased energy development, ensuring adequate levels of cybersecurity, and maintaining operations, facilities and infrastructure in national parks, refuges, forests, public lands, and Indian Country. 

The House plans on considering the measure on the Floor this week.

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.”