APPROPRIATIONS:
Senate approves Ag-Transpo-Commerce spending minibus
Greenwire:
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Correction appended.
The Senate today approved a package of three spending bills setting 2012 funding levels for the Agriculture and Transportation departments and the National Oceanic and Atmospheric Administration.
The 69-30 vote on the "minibus" spending package comes after weeks of debate on a lengthy list of amendments that raised the ire of Majority Leader Harry Reid (D-Nev.) for slowing the bill. The package -- which would set the budgets for the Agriculture Department; Commerce, Justice and Science; and Transportation, Housing and Urban Development -- is the second fiscal 2012 spending measure to clear the Senate this year, following the military-veterans affairs bill that passed in July.
The bill now moves to a conference between the House and Senate. The Senate is set to take up another minibus bill covering funding for energy and water programs, among others, this week (E&ENews PM, Oct. 31).
Before final passage, the Senate considered several amendments that were left on the docket after a marathon session stretched until 2 a.m. on the Friday before last week's recess. All the amendments failed, including a motion from Sen. Mike Lee (R-Utah) that would have sent the bill back to the Appropriations Committee.
An amendment from Sen. Rand Paul (R-Ky.) that would have slashed funding for bike and pedestrian programs in favor of bridge repairs was defeated on a 38-60 vote. The amendment would have diverted "transportation enhancements" money, usually about 1 to 2 percent of the overall budget, to an emergency bridge repair fund.
After the vote, Paul lamented the failure of the amendment, saying it showed that "the other side is not really serious about rebuilding or replacing our bridges," especially if "they're not willing to take it from something less important."
The transportation enhancements money, which Republicans have derided as "beautification" funds for wildlife protection and historic preservation, was also targeted in an amendment from Sen. John McCain (R-Ariz.) that failed weeks ago. Legislators working on a larger reauthorization of the transportation program say states will get more flexibility on how to spend the money in the future.
Another amendment from Sen. Jim DeMint (R-S.C.) that would have blocked FDA from using funds to end the use of epinephrine inhalers this year also failed on a 44-54 vote. FDA found that there are enough non-ozone-depleting alternatives to the inhalers, which use chlorofluorocarbons, to end their use under the Montreal Protocol on Substances that Deplete the Ozone Layer.
An amendment from Sen. Michael Crapo (R-Idaho) that would have targeted a provision in the Dodd-Frank Wall Street Reform and Consumer Protection Act was withdrawn. The measure that would have spelled out the steps for the Commodity Futures Trading Commission to take before enacting rules would have, among other things, required CFTC to more narrowly define the term "swaps," or transactions that electric utilities and other entities use to hedge their risks.
Another amendment from Sen. Tom Coburn (R-Okla.) to strip funding for USDA's Rural Energy for America Program was also withdrawn.
The minibus sets Transportation budget authority at $55.3 billion in fiscal 2012, $100 million below 2011 enacted levels.
It also provides a $5 billion budget for NOAA that boosts funding for the agency's weather and climate satellite program, and about $19.8 billion to the Agriculture Department, the Food and Drug Administration and related agencies.
Riders include light bulb, fisheries language
Under the spending bill, federal agencies would have to green their lighting program or risk working in the dark. According to a list of riders compiled by the nonprofit OMB Watch, one section of the bill would bar the use of funds for purchasing any light bulb that does not meet the Energy Star or Federal Energy Management Program designation.
That language follows a dispute in the House over a provision in the 2007 energy law that requires light bulbs to be more efficient. Republicans have tried to repeal that stipulation, saying that the new bulbs will be too expensive for consumers.
OMB Watch identified numerous riders in the bill that address everything from abortion funding to one that takes aim at Amtrak, preventing any DOT funds from being used to cover operating losses at the rail agency.
The House Transportation Appropriations Subcommittee approved similar language in its spending bill that would eliminate funding for state-supported routes, which supporters say deals a significant blow to the rail agency.
Another rider would bar federal subsidies for fishing vessels that could haul in a bigger catch from fisheries that may already be overtaxed. The language bars NOAA from making direct loans for any new fishing vessel that would increase the harvesting capacity in a U.S. fishery.
The measure seeks to target subsidies in a fishing economy where lower catch limits are driving some fishermen out of business. In a 2008 report to Congress, NOAA found that the capacity of fisheries exceeded their harvest levels in nearly half of the assessed areas. In some fisheries with high rates of excess capacity, fishermen harvested over quotas and overfished stocks, according to NOAA.
NOAA already has some restrictions on federal financing that would expand the harvesting capacity in fisheries. For instance, the agency has a "Fisheries Finance Program" that gives direct government loans for aquaculture, mariculture and commercial fisheries. That program can provide financing to purchase, refinance or reconstruct an existing fishing vessel -- but only if it does not increase harvesting capacity.
The bill maintains $143 million for the controversial Essential Air Service program that offers federal subsidies to rural airports. A rider on the bill also protects communities from taking on subsidy costs. That program -- which was at the center of a standoff that resulted in the Federal Aviation Administration shutdown in August -- has come under fire from environmentalists and conservative groups alike as wasteful and inefficient for encouraging nearly empty flights to rural areas (Greenwire, Sept. 19).
A rider would also take funds away from the Voluntary Public Access and Habitat Incentives Program, which is strongly supported by conservationists and hunting groups. The program, also called "Open Fields," offers grants to state and tribal governments to purchase conservation easements on private land that is then made available to hunters and anglers.
Sen. Jon Tester (D-Mont.) sought to restore funding for the program, but his amendment was not given a vote.
House Democrats and the White House have said they will try to strip riders from House appropriations bills. House Whip Steny Hoyer (D-Md.) circulated a letter asking members to vote down any spending bill with controversial language (E&E Daily, Oct. 27), although he was unable to recruit several fiscally conservative Democrats (see related story).
The White House has also said it will veto bills that carry too many policy riders or spending cuts (Greenwire, Oct. 27).
Reporters Allison Winter and Emily Yehle contributed.
Correction: The bill does maintain funding for the Essential Air Service program. An earlier version incorrectly stated that a rider would bar funding for EAS subsidies.