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Category: On the Hill

Senate Passes NDAA, but FY16 Defense Funding Stalls

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The Senate passed the unusually contentious FY16 NDAA, by a vote of 71-25, today. The Senate had planned to move ahead to tackling Defense Appropriations on the Floor, but the measure failed to receive 60 votes needed to invoke cloture and proceed.  As a reminder, the President has issued a veto threat on the bill and Senate Democrats have promised to block any appropriations bills that rely on the current spending plan. The FY16 appropriations cycle was left in limbo after Senate Democrats appeared to have succeeded in torpedoing a procedural vote that would have allowed debate to begin on the FY16 Defense appropriations bill. Democrats in Congress and the White House are opposed to the underlying spending framework.

The full Senate Appropriations Committee marked up the Defense bill on June 11, and here is the press release.

In the bill:

  • RDT&E: $70.325 billion, which is $539.7 million above the President’s FY16 request
  • Basic Research: $2.317 billion, which is $228.5 million over the FY16 request, and a $39.341 million over FY15 enacted.

The report included this language: “The Committee believes that further investment in basic research must continue.  Basic research is the foundation of innovative breakthroughs that are critical to maintaining the Nation’s future technological edge.  Investments in basic research not only provide advances in technology for our military men and women, but also provide an important incubator for national labs and academic research institutions.  These investments also encourage partnerships and collaboration with industry.  In order to keep pace with the global challenges to come, the Committee believes that additional funding should be allocated to Federal research.”

  • Applied Research: $4.928 billion, which is  $215 million over the FY 16 request and $280.3 million over FY 15 enacted.
  • Advanced Technology Development: $5.577 billion, which is $113.6 million above the FY 16 request and $251.5 million over FY 15 enacted.
  • DARPA: $2.865 billion, which is $107.1 million below the FY 16 request and $50.4 million below FY 15 enacted.

FY2016 Labor-HHS Bill Moves Through Subcommittee

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The House Labor-HHS-Education Appropriations Subcommittee approved its FY2016 spending bill by voice vote, with all Democrats voting against the proposal. The panel earlier had rejected a dozen amendments in a series of voice votes, with partisan splits apparent over family planning and the implementation of the 2010 health law. However, members of both parties made it clear that they would like to see a new law passed to ease the cap now in place on most federal spending. The measure will be considered by the full appropriations committee next week.

Given the return of sequestration in full force for FY2016, the Labor-HHS panel may have little room to do more than tweak budget accounts. The current budget caps for discretionary spending will make it difficult to reward favored programs without making deep reductions elsewhere.

The Labor-HHS-Education bill may be the one bill that thwarts the Republicans’ goal of moving all 12 appropriations measures by the end of the federal fiscal year (September 30th). Because of the politically-contentious policies carried out through the bill – such as abortion, labor issues, and the Affordable Care Act – there are strong doubts that even GOP control of both the House and Senate can get Congress back in the habit of considering it beyond an omnibus spending package.

But there is a bit of a new dynamic this year, since the Labor-HHS bill funds agencies charged with facing some of the nation’s most pressing issues, including the lingering threat of Ebola, a resurgence of measles, and calls to move ‘cures’ through clinical trials faster. There’s interest in both parties in the budget and operations of the Centers for Disease Control and Prevention and the National Institutes of Health.

Next week’s full committee mark-up of the Labor-HHS bill will likely be a repeat of yesterday’s subcommittee mark-up. We will see lots of amendments fall along party lines, and the underlying bill will remain largely unchanged from its current draft. And while the full House will likely approve the measure, action in the Senate is still in doubt as Democrats have vowed to block all FY2016 spending measures until a new budget deal is agreed on that will lift the spending caps.

Senate Moves to Attach Cyber Legislation to NDAA

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On Wednesday, Senate Majority Leader Mitch McConnell (R-KY) filed for cloture on a cybersecurity amendment, a move that would fold the threat-sharing information legislation into the annual defense policy bill, the National Defense Authorization Act (NDAA). Senate Armed Services Chairman John McCain (R-AZ) received consent to modify an already pending amendment related to background checks for military child care providers by including the cyber bill (S 754), sponsored by Intelligence Chairman Richard Burr (R-NC).

Senate Democratic leaders wrote to McConnell, urging him to separate the cybersecurity battle from the overall fight on the NDAA. Democrats do not support the defense authorization bill because, they say it uses a budget gimmick to boost defense funding. The increase in funding to the Overseas Contingency Operation (OCO) funding as a means to increase defense funding but stay within the BAC Budgetary caps has drawn the ire of House Democrats and the White House. The White House has issued veto threats on House NDAA and FY16 Defense appropriations legislation that used the same mechanisms.

As a piece of standalone legislation, the measure advanced through the Intelligence Committee in a 14-1 vote during a markup held in March. The bill aims to encourage companies to share information they have about cyber threats with the government, and is largely modeled after legislation approved by the panel during the 113th Congress.

The Senate has been considering the NDAA for the bulk of the week.

Senate Democrats are being described as “very angry” and have threatened to filibuster the normally noncontroversial, must-pass legislation. Additionally, Senator Rand Paul (R-KY), who is running for president, has also come out against the bill due to the lack of privacy protections.

House to Consider CJS

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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.

COMPETES Passes the House

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After an interesting debate, the House narrowly passed HR 1806 – the America COMPETES Reauthorization of 2016 but a vote of 217-205. The bill was largely along party line vote with all Democrats and 23 Republicans voting against the measure. Earlier this week, the White House issued a veto threat.

As previously discussed, the bill authorizes science programs across the federal government, boosts funding for the National Science Foundation and the Energy Department’s Science office while cutting funds for climate and renewable energy research. It also bars DOE research from being used in any federal regulations. Only six of the twelve amendments stood for floor votes when debate ended and most of the Democratic measures failed. Most amendments passed via voice vote, including a Democratic amendment to reauthorize DOE’s Energy Innovation Hubs. Later, however, efforts to scrap language requiring NSF grants to include a “national interest” justification, and Science Committee ranking member Eddie Bernice Johnson’s attempt to rewrite the bill entirely, failed.

A Democratic amendment that sought to continue allowing DOE to produce drop-in biofuels with the Pentagon failed more narrowly than the overall bill passed: 208-215.

Other amendments that passed included:

  • A measure from Rep. Mike Kelly (R-PA) that would add $5 million for manufacturing partnerships by decreasing funding for the Office of Energy Efficiency and Renewable Energy by the same amount
  • An amendment from Rep. Sheila Jackson Lee (D-TX) creating workshops to instruct teachers in robotics and other STEM-related learning.
  • An amendment by Rep. Morgan Griffith (R-VA) that would allow House and Senate leaders to appoint members to several science advisory boards in the bill.

Earlier in the day, the House also passed HR 880 – the American Research and Competitiveness Act of 2015, which would permanently extend the R&D tax credit.

Both measures now move to the Senate.