Category: Legislation

The House Appropriations Committee today released their FY12 Commerce, Justice, Science Appropriations bill, which will be considered in subcommittee tomorrow.  The bill funds the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration (NASA), the National Science Foundation (NSF), and other related agencies.  In total, the draft legislation contains $50.2 billion in funding.  This is a reduction of $3.1 billion or 6 percent below FY11 levels, and $7.4 billion or 13 percent below the President’s request for these programs.  This total is also 3 percent below the pre-stimulus, pre-bailout level of 2008.

Bill Highlights:

Department of Commerce – The bill contains $7.1 billion for the Commerce Department – a reduction of $464 million or 6 percent below last year’s level, and $1.7 billion or 19 percent below the President’s request.  This includes funding for the following agencies:

• Patent and Trademark Office (PTO) – The bill provides $2.7 billion for the PTO – the full amount requested by the President.  This funding is equal to the estimated amount of fees to be collected by the PTO during FY12, and is an increase of $588 million or 28 percent above FY11 enacted level.  The bill also includes language that allows PTO to keep and use any fees in excess of the estimated collected amount, subject to standard Congressional approval, and includes language requiring PTO to report on efforts to reduce the patent application backlog
• National Institute of Standards and Technology (NIST) – NIST is funded at $701 million in the bill, which is $49 million below last year’s level and $300 million below the President’s request.  Within this total, important core research activities to help advance US competitiveness, innovation, and economic growth are increased by $10 million above the FY11 level.
• National Oceanic and Atmospheric Administration (NOAA) – The legislation contains $4.5 billion for NOAA, which is a cut of $103 million below last year’s level and $1 billion below the President’s request.  Within this total, National Weather Service operations and systems are fully funded at the requested level, and an increase of $430 million is included for the Joint Polar Satellite System weather satellite program to ensure the continuation of important weather data collection.
• Economic Development Administration (EDA) – The bill includes $258 million in funding for the EDA – $26 million below last year’s level and $67 million below the President’s request.  This includes $5 million in grant funding to attract US jobs that have gone to other countries back into the US, and $5 million in loan guarantees to help advance innovative manufacturing technologies.

National Aeronautics and Space Administration (NASA) – NASA is funded at $16.8 billion in the bill, which is $1.6 billion below last year’s level and $1.9 billion below the President’s request.  This funding includes:

• $4.5 billion for NASA Science programs, which is $431 million below FY11 enacted levels.  The bill also terminates funding for the James Webb Space Telescope.

National Science Foundation (NSF) – The legislation funds NSF at $6.9 billion, the same as last year’s level and $907 million below the President’s request.  Within this funding, NSF’s core research is increased by $43 million to enhance basic research that is critical to innovation and US economic competitiveness.

Other Provisions – The bill includes several general provisions, including:

• A prohibition on the transfer or release of Guantanamo detainees into the U.S.
• Rescissions of over $1 billion in unobligated balances left over from previous years
• A prohibition on NASA or the Office of Science and Technology Policy from engaging in bilateral activities with China unless authorized by Congress.

FY12 Appropriations

Senate appropriators have been holding off on their FY12 bills, waiting for an agreement on overall discretionary spending to be reached through the ongoing bipartisan debt reduction talks. But because the end of the current fiscal year is just over three months away, they indicated yesterday that the Senate would move forward with their process despite not having a top-line discretionary number. The Senate Appropriations Committee will reveal their first FY12 spending bill next week. The first bill to be considered will be the Military Construction-VA bill. The House version of that bill passed the House on June 14, and the Senate subcommittee has indicated that they will follow the House’s lead and produce a similar bill.  The House bill boosts funding for VA programs and benefits, while reducing military construction spending because of a lower need for base-closing funds. Overall discretionary spending is reduced by just $615 million. The Senate subcommittee markup is tentatively scheduled for Tuesday, June 28^th.

In addition to the Military-VA bill, the House has passed two other bills — Homeland Security and Agriculture. On Thursday, the House is set to begin debate on its FY12 Defense bill. Defense is the only House bill slated to get a spending boost over current levels, and might be a likely candidate for quick Senate consideration.

Debt Limit

The bipartisan debt reduction group being led by Vice President Biden meets again today, as leaders in both chambers yesterday said every effort should be made to reach a long-term deal and avoid a short-term increase in the debt limit as Senate Minority Leader McConnell (R-KY) suggested. McConnell believes that a short-term increase in the debt limit might be necessary if a major debt reduction deal involving entitlements cannot be reached before the August 2^nd deadline for raising the debt limit.

Reaching a majority in the House for any increase in the debt limit will be a challenge, which may have factored into McConnell’s contingency planning for a short-term measure as a backup. A number of House GOP freshmen promised they would never vote to increase the debt limit, while many others, along with GOP conservatives, want fundamental changes to dramatically cut the size of government. Negotiators may know by the end of the week whether a deal is possible. Central to that effort is resolving questions regarding revenues and entitlements, with debate over entitlements focused on whether there should be fundamental changes to Medicare and Medicaid as proposed by House Republicans, or whether billions could be saved through various adjustments to the programs, such as raising Medicare co-payments or deductibles.

Appropriations

On Thursday the House passed their FY12 Homeland Security bill, its first FY12 appropriations measure of the year. Democrats have declared the funding levels in the bill insufficient and are particularly unhappy about cuts to homeland security and first responder grants, although some funding to hire/re-hire/retain firefighters was restored by an amendment on Wednesday. Overall, twenty Republicans opposed the bill, mostly conservatives who wanted to cut spending in the bill further. An amendment by Indiana Republican Todd Rokita to cut most accounts across-the-board by 10 percent was rejected, 110-312 – but that’s 110 members that agree that more drastic cuts are necessary.

Also on Thursday the House began debate on its FY12 Military Construction-VA spending bill.  There is some controversy with this bill, mostly related to a procedure rule that will allow members to vote on VA funding independent of the Military funding.  This could put VA funding in jeopardy as many conservatives want to curtail VA spending.  Further consideration of the measure won’t occur until the House returns from its one-week recess on June 13^th.

Finally, the House Energy and Water Appropriations Subcommittee approved its draft FY12 spending measure by voice vote on Thursday. The draft measure reflects the Republican’s highest priorities by supporting Energy Department national defense programs and funding water infrastructure and basic science research, at the expense of applied energy research. Overall, the draft House bill provides $30.6 billion in discretionary spending, $1 billion below FY11 enacted levels and $5.9 billion (16 percent) less than the President’s FY12 budget request. The full committee will mark up the measure when the House returns from recess.

Debt Ceiling

Despite new urgency from top congressional leaders that the debt ceiling dispute should be resolved quickly, rank-and-file lawmakers remain deeply divided over how to do it.  Both Democrats and Republicans want to avoid instability in the financial markets with a debt showdown, and most agree that something must be done to curb the nation’s deficit.  But after a week of meetings with President Obama and other administration officials, several major roadblocks stand in the way of an agreement, particularly the issue of taxes.

Separate events involving Democrats and Republicans on Thursday illustrated the difficulty that negotiators will have in reaching an agreement to reduce deficits.  In a meeting with the President, House Democrats stressed that new revenue must be part of any deal to reduce the deficit and raise the nation’s $14.3 trillion debt limit.  They urged the President to ensure that tax hikes on the wealthy and an end to tax breaks for oil companies would be part of any agreement reached with Republicans on debt reduction.  Republicans continue to insist, however, that tax increases are a non-starter.  Democrats also urged Obama not to give too much ground on spending, particularly on Medicare, where Republicans want to fundamentally restructure the program.

Also this week, freshman Republicans met with Treasury Secretary Geithner and came away from that meeting “unimpressed” that the administration was serious about addressing the nation’s fiscal problems.  GOP members said Geithner warned of the consequences of failing to raise the debt limit, but were dismayed that he called for higher taxes to help reduce the deficit and failed to specify how the costs of entitlements such as Medicare should be reduced.  Republicans are focused on achieving major deficit reduction through cuts in spending, with a particular focus on Medicare.

The hard line being taken by the two parties prompted another credit rating company yesterday to warn that the United States could lose its top credit rating.  Moody’s Investor Services said it may lower the US rating if Congress is unable to raise the debt limit and prevent a default.  In April, Standard & Poor’s downgraded its outlook on the US credit rating to negative, saying the path to reducing large budget deficits and growing debt was uncertain.

The appropriations and debt limit situations are closely tied together and are created an environment for a “perfect storm” by August.  The strong push by Republicans to cut spending is driving the debate on the debt limit – they simply won’t agree to the debt limit issue until the Administration agrees to corresponding spending cuts.  It will certainly be a long, hot summer in DC!