CONTENTS
BUDGET & APPROPRIATIONS
- Senate Dispute Delays Approval of FY17 Continuing Resolution
CONGRESSIONAL ISSUES
- Congress Passes the Cures Act
- Congress Approves FY17 Defense Authorization Conference Report
- House Judiciary Committee Leaders Issue Proposal on Copyright Office Reform
- Senators Introduce BRIDGE Act to Aid “DREAMers”
EXECUTIVE BRANCH
- AAU Issues Statement on President-Elect Trump’s Comments on “DREAMers”
- Associations Comment on Proposed Bayh-Dole Regulations
BUDGET & APPROPRIATIONS
SENATE DISPUTE DELAYS APPROVAL OF FY17 CONTINUING RESOLUTION
The House on December 8 passed the FY17 continuing resolution (CR) (H.R. 2028), which keeps federal agencies running through April 28, 2017, but a dispute in the Senate over miners’ health benefits has blocked Senate approval of the package. The Senate will continue working tonight and possibly over the weekend to reach agreement. That raises the prospect of a weekend government shutdown when the current CR expires at midnight tonight. The House has adjourned until Monday for what is expected to be a pro forma session.
The CR fully funds the FY17 NIH Innovation Fund in the 21st Century Cures Act, which Congress approved December 7 (see item below). The measure provides $352 million for the NIH Innovation Fund, as well as $20 million for the Food and Drug Administration Innovation Account and $500 million for state grants to respond to the opioid crisis.
The NIH funding comprises:
- $40 million for the Precision Medicine Initiative;
- $10 million for the BRAIN Initiative;
- $300 million for cancer research; and
- $2 million for clinical research in regenerative medicine (with a one-to-one match of federal and non-federal funding).
CONGRESSIONAL ISSUES
CONGRESS PASSES THE CURES ACT
The Senate on December 7 approved the 21st Century Cures Act ( HR 34) by a vote of 94-5, sending the measure to the President for signature. The House approved the bipartisan bill November 30 by a vote of 392-26. The President is expected to sign the bill December 13.
The Cures Act contains $4.8 billion in medical research funding over 10 years, as well as $1 billion over two years to fight opioid abuse and $500 million over 10 years for the Food and Drug Administration. The Cures funding is fully offset and does not count toward the budget caps, but Congress must appropriate the funds each year. (See NIH funding levels above.)
The Cures Act also creates a “Next Generation of Researchers Initiative” in the NIH Director’s office to improve opportunities for new researchers; includes language establishing a new Research Policy Group; and directs federal agencies to reduce the research regulatory burden without weakening oversight in such areas as animal welfare, sub-recipient grant monitoring, and financial conflict of interest reporting.
AAU issued a statement commending Congress for passing the legislation. The statement said, in part: “At a time when bipartisanship is a rare commodity, this bill affirms the resolve across party and ideological lines to find cures for devastating illnesses and strengthen investment in American research and innovation.”
CONGRESS APPROVES FY17 DEFENSE AUTHORIZATION CONFERENCE REPORT
The Senate on December 8 approved the conference report for the National Defense Authorization Act of 2017 (S. 2943), sending the measure to the President for signature. The House approved the bill last week.
The conference agreement authorizes increased FY17 funding for Research, Development, Test & Evaluation (RDT&E) and Science & Technology (S&T)—$1.6 billion and $334 million, respectively, with the focus on applied R&D. Authorized funding for the 6.2 applied and 6.3 advanced technology development accounts is increased by $76 million and $309 million, respectively, while authorized funding for 6.1 basic research is cut by $51 million from the FY16 authorized level. The authorization cut is across all branches, except Defense-wide.
The conference agreement includes the following policy items:
Manufacturing Universities . The agreement establishes the Manufacturing Engineering Education Grant program to award grants to industry, non-profits, universities, or consortiums of such groups, to enhance or establish new programs in manufacturing engineering education. (Section 215)
Micro-purchasing threshold . The bill increases the threshold for simplified acquisition of supplies or services from $3,500 to $10,000 and applies the new level across all agencies. The language permits the threshold to exceed $10,000 if deemed appropriate by the relevant executive branch authorities. (Section 217)
SBIR STTR . The Small Business Innovation Research and Small Business Technology Transfer programs are reauthorized for five years, through 2022, with both programs maintained at their current set-aside levels. The reauthorization does not extend the NIH Research Evaluation and Commercialization Hub (REACH) program, a pilot program that provides proof-of-concept funding (Section 1824).
HOUSE JUDICIARY COMMITTEE LEADERS ISSUE PROPOSAL ON COPYRIGHT OFFICE REFORM
House Judiciary Committee Chairman Bob Goodlatte (R-VA) and Ranking Member John Conyers (D-MI) yesterday released the first policy proposal to come out of their review of U.S. copyright law. The proposal, which focuses on the U.S. Copyright Office, would keep the Office within the legislative branch, but give it greater authority over its budget and information technology systems. The proposal also would make the Register of Copyrights a Senate-confirmed position. The Register currently is appointed by, and responsible to, the Librarian of Congress.
The Goodlatte-Conyers proposal further calls for permanent and ad hoc committees to advise the Register; creation of a searchable, digital database of copyright ownership data; and development of a small claims system to handle low-value copyright infringement cases, as well as bad-faith Digital Millennium Copyright Act (Section 512) notices.
AAU has issued a statement thanking Representatives Goodlatte and Conyers for their ongoing interest in and support for the nation's copyright system. The statement expresses particular appreciation for the proposed creation of stakeholder advisory committees.
SENATORS INTRODUCE BRIDGE ACT TO AID “DREAMERS”
A bipartisan group of four Senators was expected to introduce today the BRIDGE Act, legislation to allow “provisional protected status” and a reprieve from deportation proceedings for many college students brought to the United States by their parents as young children, called DREAMers.
Senators Lindsey Graham (R-SC), Dick Durbin (D-IL), Lisa Murkowski (R-AK), and Dianne Feinstein (D-CA) are the bill’s primary sponsors.
EXECUTIVE BRANCH
AAU ISSUES STATEMENT ON PRESIDENT-ELECT TRUMP’S COMMENTS ON “DREAMERS”
AAU President Mary Sue Coleman on December 7 expressed appreciation for President-elect Trump’s statement that the situation of DREAMers—college students brought to the U.S. by their families as young children—calls for a “humanitarian” approach. She offered AAU’s assistance in implementing such an approach.
ASSOCIATIONS COMMENT ON PROPOSED BAYH-DOLE REGULATIONS
Five higher education associations, including AAU, today submitted a letter to the National Institute of Standards and Technology (NIST) in response to the agency’s proposed changes to the implementing regulations (37 CFR 401) of the Bayh-Dole Act, the law governing the transfer of federally funded university and nonprofit research discoveries into the marketplace.
The associations thank NIST for its collaborative approach to changing the regulations, describe the societal benefits of Bayh-Dole, express concerns about some elements of the proposal, and offer detailed recommendations for modifications.