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Senate Moves to Attach Cyber Legislation to NDAA

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.

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.

 

What We’re Reading This Week, June 8-12

Here’s a selection of articles the Office of Federal Relations is enjoying reading this week. It’s been a busy week and there’s lots of good stuff to read!

UNITED STATES – JUNE 13: Rep. Adam Smith, D-Wash., bats during the 52nd annual Congressional Baseball Game at national Stadium in Washington on Thursday, June 13, 2013. (Photo By Bill Clark/CQ Roll Call)

America’s Pastime, Politicized – One thing Republicans and Democrats can agree on is how much they want to win the Congressional Baseball Game. Read about THE partisan social event of the summer. Get background on the key players from the New York Times. 

UPDATE: Rep. Cedric Richmond (D-LA) overcame shoulder surgery and tossed a seven-inning complete game, leading the Democrats victory over the Republicans in the 54th Annual Congressional Baseball Game.  A good time was had by all including President Obama, who made an appearance in the third inning.  Dems won 5-2. Dems now lead the series by one. Read more at WTOP.

Ca$h Money – The annual survey of how much public college and university presidents make is out! There are definitely some people on the list who should pick up the tab. Read more at The Chronicle. 

Human Understanding – An article on why the social sciences are just as important as the STEM fields. Best code in the world doesn’t make an app people use! Read more at The Washington Post.

Graduation Rates – An in-depth examination of the changes and trends of US high school graduation rates and the three major trends in graduation rates. Even if you don’t care about high school graduation rates, NPR does an excellent job of using the digital format to tell the story, so it’s worth clicking through. Read more at NPR.

Budget Gorge – A number of states are facing significant shortfalls in budgets despite a economic recovery. Moreover, deep tax cuts in Republican-dominated states like Kansas, Louisiana, and Wisconsin have contributed to massive budget shortfalls as economic growth has fallen short of projections. Read more at the New York Times. 

Impact – NIH Deputy Director for Extramural Research Sally Rockey, Ph.D., has posted a video of the impact of NIH funded research and the challenges of the current NIH funding situation; the video highlights opportunities, new initiatives, and policy changes. See the video here. Or read Dr. Rockey’s blog.

21st Century – Time has an article on Rep. Frank Upton, Chairman of the House Energy and Commerce Committee, and his efforts on the 21st Century Cures initiative. Read more at Time Magazine. 

So Long, Farewell – Dr. Sally Rockey, Deputy Director of Extramural Research at NIH is leaving. See her statement here. 

Fear of Success – With the Supreme Court due to rule on King v. Burwell soon, Republicans are now concerned that the Court will rule the subsidies invalid. Despite the House voting to repeal the ACA over 50 times, the majority of Americans support healthcare subsidies, which puts the Republicans in an odd spot. Read more at The Hill. 

END IT – The Hill has a to part series on why it time we should banish the conference call. And we should. Part One: Why It’s Awful. Part Two: Alternatives, and agree to disagree on a video conference being a good alternative.

 

White House Issues Veto Threat on House FY16 Defense Approps Bill

The White House issued a Statement of Administrative Policy (SAP) recommending a veto of the House’s FY16 Defense appropriations bill today. The House is considering the FY16 Defense appropriations on the Floor currently. This is not the first veto threat for a House appropriations bill this year. The SAP cites the inappropriate use of the Overseas Contingency Operating fund as a primary driver in the decision. That concern was previously raised during the House NDAA consideration.

Read the SAP here. 

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.