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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.

 

 

OMB Signals Concerns on House FY16 Interior Bill

Due to be marked up today, the White House signaled concerns to House Appropriators about their $30.2 billion FY16 Interior-Environment spending bill. Office of Management and Budget (OMB)  Director Shaun Donovan criticized the measure for the proposed cuts to the US Environmental Protection Agency (EPA) as well as riders to block implementation of various air and water rules.

The Interior-Environment appropriations bill funds the EPA, U.S. Forest Service, Interior Department, the Smithsonian, and Indian Health Service. Donovan criticized the measure for its “misplaced priorities” and funding levels that fall 9 percent below the President’s request as well as cuts to the Indian Health Service and Interior’s climate resilience, land management and conservation efforts.

This letter from Donovan is not the first effort the Administration has used to signal displeasure with House Appropriations bills. Donovan wrote similar letter about the House CJS measure, and the White House has issued veto threats on the NDAA and House Defense appropriations bills.

Read the OMB letter to House Appropriations here. 

Senate Appropriations Clears Defense, CJS and Leg Branch

The full Senate Appropriations Committee approved three bills now ready for consideration by the whole Senate. The FY16 Defense, Commerce-Justice-Science (CJS), and Legislative Affairs appropriations bills were all approved today.

The the FY2016 Defense appropriations bill was approved on a bipartisan 27-3 vote. The bill recommends $489.1 billion in base funding and $86.8 billion in Overseas Contingency Operations funding, consistent with the FY2016 budget resolution.  The bill adds $228.5 million to basic (non-medical) research for the Army, Navy, Air Force and DoD, a 1.7 percent increase over FY2015 levels. The bill also increases DoD core medical research budget as well as congressionally-directed medical research funding by $835.5 million, including $278.7 million for the competitively awarded peer-reviewed medical research program and $177.3 million for the Department to advance its own medical research priorities.

Finally, the bill transfers $36.5 billion from base operation and maintenance accounts to OCO in order to meet the overall defense funding levels requested by the President while avoiding sequestration by breaching the Budget Control Act caps. A similar move was used by the House for both the NDAA and the House’s FY16 Defense appropriations bill. Both proposals garnered a veto threat by the White House.

The FY2016 CJS Appropriations Bill, which provides funding for the U.S. Department of Commerce, U.S. Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, the National Oceanic and Atmospheric Administration and other related agencies, was approved on a bipartisan 27-3 vote.

 

Senate Approps Subcommittee Passes CJS

The Senate Commerce, Justice, Science (CJS) Appropriations Subcommittee passed the Senate’s FY16 CJS appropriations bill this morning. The $51.1  billion draft advanced by unanimous consent and would provide $7.3 billion for the National Science Foundation (NSF), $5.4 billion for National Ocean and Atmospheric Administration (NOAA), $18.3 billion for the National Aeronautics and Space Administration (NASA), and $893 million for National Institute of Standards and Technology (NIST).

Unlike the House, the Senate bill did not include directorate level allocations of funds. Historically, Congress has allocated a broad amount to NSF overall, allowing the agency the discretion to allocate funding by directorate as it sees fit. The Senate bill would fund NSF at $7.34 billion, which is equal to the FY15 enacted level.  This funding includes $5.93 billion for NSF’s research and research facilities to support today’s scientists, engineers and technicians, and $866 million for NSF’s education and training programs to build tomorrow’s innovation workforce.

NOAA is funded at $5.4 billion, which includes a $23 million increase above the FY2015 enacted level for the National Weather Service.  The bill provides full funding for NOAA’s flagship weather satellites, which are critical for accurate weather warnings to protect lives and property.  Funding for NOAA also targets new areas of investment for fisheries management, including the testing and implementation of new technologies to expand opportunities for American commercial and recreational fishermen. The bill provides $2.3 million to plan for a new Ocean Survey Vessel, but does not include the requested $147 million to fund construction of the vessel.

The bill funds NASA at $18.3 billion, a $279 million increase over FY2015, to support the human and robotic exploration of space, fund science missions that enhance the understanding of the Earth, the solar system, and the universe, and support fundamental aeronautics research. This includes $5.3 billion for Science, which is $50 million above the FY2015 enacted level and $6.4 million above the request. This funding encompasses missions from the Earth, to the Moon, throughout the Solar system, and the far reaches of the universe.

The bill provides $893 million for NIST, $29 million above the FY2015 enacted level.  The funding will strengthen the U.S. cybersecurity posture through cutting-edge research and development, expand opportunities in the areas of advanced manufacturing, and continue promotion of the highest quality standards to maintain fairness in the marketplace.

Additional information on the bill can be found here. Federal Relations will continue to monitor and post more details when they are available.

 

House Passes CJS

Today, the House of Representatives passed HR 2578the 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.