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Senate Judiciary Approves PATENT Act, House Begins to Move on Innovation Act

Yesterday, the Senate Judiciary Committee approved the PATENT Act by a vote of 16 to 4, with only Senators Dick Durbin (D-IL), Chris Coons (D-DE), David Vitter (R-LA), and Ted Cruz (R-TX) voting against it.

During consideration of the bill, the Committee approved an amendment offered by John Cornyn (R-TX) that alters the definition of micro-entity status in a way that is potentially helpful to universities, technology transfer organizations, and research foundations. The panel also approved the manager’s amendment, which among other changes, clarifies that the burden is on the prevailing party to demonstrate that it is entitled to fee shifting, a provision which universities support.

The bill now waits for time by the Full Senate.

The House is now seeing motion on HR 9, the Innovation Act. The measure has been somewhat difficult to move due to substantial opposition by stakeholders, including higher education, which was not voiced last Congress when the measure passed overwhelmingly. The House is expected to potentially mark up the bill, with changes, late next week.

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.

House to Consider CJS

The House Rules will meet today to approve a rule for consideration of the FY2016 CJS Appropriations bill (H.R. 2578). The House will begin consideration of the bill beginning tomorrow at noon and possibly continuing through Thursday.

As has been previously mentioned, the cuts to the measure and the report language accompanying the legislation have raised some concerns. The White House has also expressed concerns on the bill.

Here is a AAAS article on the winners and losers of the House bill.

Senate Releases “COMPETES” Bill

On Wednesday afternoon, as the House was working on passing its version of America COMPETES, Senators Lamar Alexander (R-TN), Chris Coons (D-DE), Lisa Murkowski (R-AK), Maria Cantwell (D-WA), Corey Gardner (R-CO), Diane Feinstein (D-CA), and Martin Heinrich (D-NM) today introduced the energy portion of America COMPETES. To give some perspective of the heavy hitters sponsoring this legislation, Senator Alexander is the Chair of the Health, Education, Labor and Pensions Committee, which has jurisdiction over several broader sections of COMPETES, including NSF. Alexander was an active participant in the passage of the original Competes Act that was enacted in 2007 (PL 110-69).

The Senate measure is expected to be taken up by the Senate Energy and Natural Resources Committee (ENR) this summer as part of a broad energy package that the Chairwoman of that Committee, Lisa Murkowski, hopes to advance. The Ranking Member of the Committee, Maria Cantwell, is also a cosponsor of the legislation. Further, Senator Alexander chairs the Energy-Water Appropriations Subcommittee and Senator Feinstein is the ranking Democrat on the panel.

Highlights of the bill include:

  • a five-year authorization for both the Office of Science and ARPA-E
  • funding for the Office of Science would increase about 4 percent annually, for a total of increase of about 22 percent over five years
  • funding for ARPA-E would also increase about 4 percent each year, for a total of increase of about 22 percent over five years

More information about this bill is here.