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Category: Legislation

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

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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. 

Third Time Isn’t Charming for Senate E&W

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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.

 

Interesting Week Ahead

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The House and Senate return to work this week, including former Presidential candidate Senator Ted Cruz.

The Senate will try for the third time on Monday to advance its $37.5 billion fiscal 2017 Energy-Water appropriations bill, but there is no indication that leaders will find the 60 votes needed to break the logjam caused by the threat of an amendment related to the Iranian nuclear development deal. Previously, President Obama threatened to veto the bill over an amendment proposed by Senator Tom Cotton (R-AR) that would bar funding for the U.S. to buy so-called heavy water from Iran. Conversely, the Republican-derided Iran Nuclear Deal requires Iran to export the water, which is a byproduct of nuclear fuel production. Without a plan forward, the bill looks to stall out just as it has previously. Senate Republican leadership has suggested allowing Senator Cotton to hold a vote on the amendment as a separate measure, but it is unclear if Senate Democrats are open to the idea. 

Meanwhile, the House will turn its attention to opioid abuse by focusing on two bills (H.R. 5046 – Comprehensive Opioid Abuse Reduction Act of 2016 and S. 524 – Comprehensive Addiction and Recovery Act of 2016) designed to give relief to American local communities dealing with the spike of opioid abuse. Additionally, the House will gear up for consideration of the FY 2017 National Defense Authorization Act (NDAA) next week. The NDAA is the annual authorization bill determines the agencies responsible for our nation’s defense, establishes funding levels, and sets the policies under which money will be spent.

With less than 50 legislative days left before October 1, which is the statutorily mandated dated start of the federal fiscal year, the likelihood of the Congress considering all 12 of the standing appropriations bills continues to shrink. A continuing resolution is all but assured in September before Congress recesses for the election.

Senate Full Committee Approves C-J-S and T-HUD Appropriations Bills, Plus Emergency Zika Funding

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Today, the Senate Appropriations Committee on Thursday approved a draft FY 2017 C-J-S spending bill with $56.3 billion in discretionary spending that includes funds for efforts to combat heroin use. The FY 2017 amounts would be about $563 million above the currently enacted level, and $1.6 billion more than the Obama Administration request. Overall, it is a 1 percent increase from fiscal 2016.

Also, the Senate Appropriations Committee approved its $56.5 billion FY 2017 Transportation-HUD (T-HUD) spending bill by a 30-0 vote. The measure boosts funding for housing assistance programs but cuts funds for transportation. The panel is now expected to consider amendments.

Overall, the FY 2017 draft bill includes $16.9 billion in discretionary funds for the Department of Transportation and $39.2 billion for the Department of Housing and Urban Development. The overall total is $827 million lower than FY 2016 enacted levels and $2.9 billion below the Administration’s budget request.

Amendments are expected to be contentious, judging from reactions from advocacy groups after a bill summary was released Tuesday. The bill contains controversial provisions related to trucker rest requirements. Lawmakers have also voiced concern about tight funding in the bill that could strain rental assistance programs. After amendment consideration, the bill heads to the full Senate.

Finally, at the Committee meeting today, Senate Appropriations Chairman Thad Cochran said that a bipartisan Zika funding measure will be part of a future appropriations bill.  Republican Senators Roy Blunt (R-MO) and Lindsey Graham (R-SC) have worked with Democratic Senators Patty Murray (D-WA) and Patrick J. Leahy (D-VT) to develop a bipartisan Zika proposal. Meanwhile, Senator Bill Nelson (D-FL) said he and Senate Minority Leader Harry Reid (D-NV) will introduce a bill on the Senate floor that would contain the Obama administration request for $1.9 billion in emergency funding to combat the virus.

Energy & Water Moves Forward with a Veto Threat

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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.