The House and Senate have come to a conference agreement on the first fiscal year (FY) 2012 "minibus” bill (H.R. 2112), which combines three appropriations bills into one package – the Agriculture, Rural Development, Food and Drug Administration bill; the Commerce, Justice, Science bill; and the Transportation, Housing and Urban Development bill. These bills provide funding for federal research agencies, including the National Science Foundation (NSF), the National Aeronautics and Space Administration (NASA), the National Institute of Standards and Technology (NIST), the National Oceanic and Atmospheric Administration (NOAA), and the National Institute of Food and Agriculture (NIFA), among others. While science agencies did well overall, with most gaining modest increases over FY 2011 levels, Administration priorities such as the Sustainable Communities Initiative and high-speed rail were zeroed out, signaling trouble for other White House initiatives in upcoming appropriations bills. The minibus would also include a Continuing Resolution (CR) to fund the rest of the federal government through December 16, 2011.

The House is expected to pass the conference report on Thursday, November 17, with the Senate following suit on Friday, November 18. The President is expected to sign the bill into law on Friday before the current short-term CR expires. While the Senate had hoped to continue work on additional minibus bills, that effort has stalled and appropriators are now looking at packaging the remaining appropriations bills into one large omnibus bill.

Below is additional information on funding amounts and agency directives provided for NSF, USDA, and the Office of Science and Technology Policy (OSTP), included in the minibus agreement.

National Science Foundation (NSF)

NSF fares well in the conference agreement receiving a total budget of $7.033 billion, which is $173 million or 2.5 percent over FY 2011 and higher than both the House and Senate marks. Within this amount, Research and Related Activities (R&RA) would receive $5.719 billion, $155 million or 2.8 percent over FY 2011 and also higher than both the House and Senate marks. The report is supportive of NSF’s R&RA termination and reduction proposals, including the Deep Underground Science and Engineering Laboratory, Research Initiation to Broaden Participation in Biology, and the Synchrotron Radiation Center, but does not accept the requested reduction to the radio astronomy program. The report approves of NSF prioritization of advanced manufacturing and cybersecurity, and calls for NSF to fully fund cybersecurity at the budget request level of $156.55 million. As in the House report, neuroscience is highlighted as a key area and the report encourages NSF to "establish a cognitive sciences and neurosciences crosscutting theme.”

The Major Research Equipment and Facilities Construction (MREFC) account would receive $167.055 million, which is $50 million or 43 percent above the FY 2011 level and higher than both the House and Senate marks. As in the House bill, no funding levels are listed for specific projects, and the report instead directs NSF to prioritize projects nearing completion. The report includes language allowing transfer of funds from R&RA to MREFC, but this authority has been modified to allow $50 million to be transferred rather than the $100 million allowed by the Senate report. As in the House report, NSF is instructed to review its current portfolio of MREFC projects and their out-year funding profiles to make certain they are in line with appropriated funding for FY 2011 and FY 2012. Should adjustments be needed, the Committee directs NSF to report revised profiles to the Committee and to include the new funding profiles in the FY 2013 budget request. Also as in the House report, the Committee directs NSF to strengthen oversight of contingency funding and incentivize grantees to bring projects in under budget. The Committee directs NSF to report on its efforts to limit the use of contingency funding and ensure return of excess funds for large facility projects within 90 days of enactment.

The Education and Human Resources (EHR) account would be funded at $829 million, $32 million or 3.7 percent below the FY 2011 level and equal to the Senate-proposed level. As in the House report, the Conference Committee does not support the proposed reductions to the Robert Noyce Scholarship program and the Math and Science Partnership program, but does approve of all other proposed reductions and terminations in the EHR budget request. Like the Senate, the Committee would also provide an additional $20 million above the request level to expand the Federal Cyber Service: Scholarships for Service program. As in the House report, the Committee directs NSF to distribute the National Research Council’s report, Successful K-12 STEM Education: Identifying Effective Approaches in Science, Technology, Engineering, and Mathematics, and provide an evaluation plan within 12 months of enactment regarding the steps NSF and other Federal agencies should take to implement the plan. On the topic of broadening participation programs, after some discussion over the last several years regarding the creation of a separate Hispanic Serving Institution (HSI) program, the Committee directs NSF to provide a report on how the needs of HSIs will be addressed in FY 2012 and any future plans to establish an HSI program in FY 2013. The Committee also supports the FY 2011 levels for the existing broadening participation programs.

U.S. Department of Agriculture (USDA)

The conference agreement includes nearly $2.3 billion for research throughout USDA, a reduction of $51.1 million (2 percent) below the FY 2011 enacted level. The conferees recommend $1.095 billion for the Agricultural Research Service (ARS) to support USDA’s intramural research programs, disagreeing with the President’s request to terminate extramural research through ARS. The conferees do concur with the Administration’s proposal to close 12 research laboratories at 10 locations and they request a report on the disposition of the facilities by January 20, 2012.

For the extramural research programs of the National Institute of Food and Agriculture (NIFA), the final bill includes $705.6 million for research and education activities, an increase of $104.8 million (17 percent) above the House recommendation and $4.2 million below the Senate-passed level. The conferees express their strong support for USDA’s agricultural research, extension, and education activities through NIFA, but they note concerns about the focus of the research programs, especially projects through the Agriculture and Food Research Initiative (AFRI). The conferees strongly encourage USDA to fund only the highest priority agricultural research authorized by Congress. The conferees approve $9 million for the Graduate Fellowship Grants, Institution Challenge Grants, and Multicultural Scholars Program.

Within NIFA, a total of $264.5 million is approved for competitive extramural agricultural research through AFRI, which is the same as the FY 2011 enacted level. For the formula or capacity-building programs, the final bill includes $236.3 million for the Hatch Act, the same as the FY 2011 level, and $32.9 million for McIntire-Stennis Cooperative Forestry.

The conferees do not fund the Hispanic-Serving Agricultural Colleges and Universities Endowment Fund proposed at $10 million by the President.

Office of Science and Technology Policy (OSTP)

The conference agreement would provide OSTP with $4.5 million for FY 2012, which is $2.1 million or 32 percent below the FY 2011 level, $1.5 million above the House level, and $1.5 million below the Senate mark. The conferees support OSTP’s efforts to improve coordination of federal STEM (science, technology, engineering, and mathematics) education programs and to develop a government-wide STEM education strategic plan. The bill also directs OSTP to include in this strategic plan goals to improve distribution of STEM education research and best practices. The bill further encourages OSTP to establish an interagency working group through the National Science and Technology Council (NSTC) to coordinate investments in neuroscience research. The report language specifically highlights the need to develop future clinical treatments for traumatic brain injuries and an improved understanding of cognition and learning, Alzheimer’s disease, and childhood development disorders. Also, in light of the recent Government Accountability Office (GAO) report in May stating OSTP illegally engaged in bilateral activities with China, the bill restricts OSTP from engaging in any activities that would risk transferring sensitive technology and data and harm U.S. economic and national security interests. The bill does allow OSTP to carry out other activities with China, such as public health planning and disaster response.

The complete report is located here: 

http://www.rules.house.gov/Media/file/PDF_112_1/Committee%20Jurisdiction%20Reports/CR2112%201114s.pdf

The language for the report is located here:

http://www.rules.house.gov/Media/file/PDF_112_1/Committee%20Jurisdiction%20Reports/JointStates.pdf