A Fruitless Markup on Department of Energy R&D Act of 2014


[Editor’s Note: This post marks the debut of CRA’s new Tisdale Policy Fellow for Summer 2014, Yiyang Shen. Yiyang is a sophomore at NYU, with an interest in Mathematics and Computer Science, and will spend this summer with CRA working on science policy issues, including tracking the progress of efforts to reauthorize the Department of Energy’s Office of Science. Expect to see more of him on the blog!]

On June 11th the Energy Subcommittee, of the House Science, Technology, & Space Committee, held a markup of the Department of Energy Research and Development Act of 2014. Surprisingly, this hearing was very contentious and Democratic members used procedural tactics to obstruct consideration of this bill to reauthorize research and development (R&D) programs at the U.S. Department of Energy (DOE). The hearing was finally adjourned by the Republicans on a party line vote after Democrats refused to waive the reading of the bill.

The markup was originally scheduled at noon, but the subcommittee chairwoman, Cynthia Lummis (R-WY), did not convene the hearing until ~12:10pm. Representative Alan Grayson (D-FL) surprisingly started the “parliamentary game” then, interrupting the chairwoman’s opening remarks by requesting a recorded vote to change the official start time in the subcommittee records. His point of order was ultimately tabled by vote but it signaled Democrats’ strong opposition to the bill.

In her opening statement, Lummis stated that, “the draft bill provides a $250 million increase in funding for basic research. The bill provides deficit reduction by making cuts to outdated, wasteful and duplicative programs within DOE’s Office of Energy Efficiency and Renewable Energy.” The main point, as Republicans hold for the previous FIRST Act of 2014, is to use money wisely, provided the limited resources.

In response, the Ranking Member Eric Swalwell (D-CA) conveyed two central problems with this “premature” markup in his opening statement. The first relates to process: the bill was not shared with Democratic members of the Subcommittee until the last Friday before the markup. Given that this 103-page bill proposes to reauthorize all of DOE’s research and development programs, Mr. Swalwell said, “that means we’re being asked to make tough decisions about how to allocate billions of taxpayers’ dollars after having less than three business days to consider the bill.”

Mr. Swalwell then pointed out the second problem the minority has with the bill. The budget for Energy Efficiency and Renewable Energy (EERE) is substantially cut; ARPA-E funding is largely reduced; and the bill includes burdensome limitations on what research DOE can fund. In addition, it includes particularly objectionable language that bars the results of DOE-funded R&D activity from being, “used for regulatory assessments or determinations by Federal regulatory authorities.” Specifically, this language is meant to keep the Environmental Protection Agency (EPA) from using research data to support their operations and any environmental regulations. Of interest to computing researchers, the bill does include increased authorizations for the Advanced Scientific Computing Research activity, ramping the authorization for the program up to $600 million in FY 2015, $59 million more than the President requested.

After hearing the opening remarks from both sides, Ranking Member of the Full Committee, Eddie Bernice Johnson (D-TX) also gave a brief comment on the markup that day. She criticized how dysfunctional the committee has become, and strongly opposed the consideration and passage of the bill.

The markup ended awkwardly. After the opening remarks, the bill is then read into the record, a procedural process which is usually dispensed with under unanimous consent. However, in this instance the Democrats used it to their advantage: they withheld their consent and required that the bill be read, in full, into the record. As this would have tied up the subcommittee for hours, the Republicans instead adjourned the meeting.

The prospect of the bill moving forward this summer is unlikely. The real news from this markup is that the House Science Committee has become increasingly polarized and neither side intends to cooperate with the other. This does not bode well for future science legislation.

A Fruitless Markup on Department of Energy R&D Act of 2014