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FY 2017 Omnibus Released

At 2 am last night, House and Senate appropriators released the FY 2017 Omnibus, which  comprises the 11 unfinished FY 2017 appropriations bills, providing fresh spending instructions for nearly every corner of the federal government and formally appropriates more than $1 trillion in discretionary spending for FY 2017, in keeping with the spending limits agreed to last year. A high level overview is below.

Overall, the FY 2017 Omnibus provides an annualized total of $1.07 trillion in base spending for FY 2017, or $1.16 trillion including Overseas Contingency Operations (OCO) funding. Beyond the top line, and widely reported, the FY 2017 Omnibus includes a $2 billion increase to NIH or a 6.2 percent increase over current levels. The deal includes an extra $1.5 billion to enhance border security, but there is no money to begin construction of Trump’s wall along the Mexican border.  Additionally, appropriators absolutely rejected about $18 billion in cuts to domestic discretionary programs that Trump had suggested to avoid further expanding the deficit in his FY 2017 supplemental request. To boost funding for the military and border security, lawmakers increased by $15 billion the OCO spending, which does not count against statutory budget cap.

While the budget numbers will look big on paper, they will have less meaning in the real world because most of the money to be formally appropriated has already been spent, since there are only five months remaining in the current FY 2017, which runs through Sept. 30.

The most recent stopgap (H.J.Res. 99), enacted Friday, keeps the government open through May 5. The Omnibus legislation could see a House could vote as soon as Wednesday. Once the Omnibus passes the House, it will move on to the Senate.

The legislation did resolve a significant amount of big political sticking points, including:

  • provide a permanent fix for a depleted health fund needed by thousands of retired coal miners;
  • shore up Puerto Rico’s troubled Medicaid program with an extra $295 million;
  • provide $2 billion in disaster relief for California, West Virginia, Louisiana and North Carolina;
  • combat wildfires with an extra $407 million;
  • $68 million to reimburse local law enforcement agencies for the costs of protecting Trump and his family, predominantly in Manhattan;
  • provide $100 million to combat opioid abuse; and
  • preserve federal funding for Planned Parenthood.

 


 

Labor-H

                Health Provisions

  • NIH — $34.1 billion (+$2.0 million)
    • Fogarty Center receives $72,213,000 (+$1.7 million)
  • AHRQ received: $324,000,000 (Slight cut of ~$8 million)
  • SAMSHA — $3.6 billion (+ $130.5 million above the previous Administration’s budget request. Includes an increase of $150 million for treatment of opioid and heroin programs)
  • CDC – $7.3 billion (+ $22 million above the fiscal year 2016 enacted level. This includes $6.3 billion in appropriated funds, as well as $891 million in transfers from the Prevention and Public Health Fund.)
    • NIOSH– $335.2M (about + $4M)
  • ERC Program $29 million (+$500 thousand)
  • AFF Program $25.5 million (+$500 thousand)
    • Chronic Disease Prevention — $1.112 billion ($777.6 million in discretionary, $338.0 million in transfers)
  • Prevention research centers — $25.5 M
  • Worker Health will receive “not less than FY16 levels”
  • HRSA — $6.4 billion for HRSA (+ $77 million)
    • Health Professions Title VII – $301M (- , but language below in dentistry
    • Nursing Title VIII — $229 million (level)
  • National Institute of Nursing Research receives $150,273,000 for nursing research.

Report language of note:

NIH

“Funding from the 21st Century Cures Act was previously appropriated for fiscal year 2017 by section 194 of the Continuing Appropriations Act, 2017. Per the authorization, $300,000,000 is transferred to the National Cancer Institute for cancer research and $52,000,000 will be allocated from the NIH Innovation Fund, in this agreement reflected in the Office of the Director, for the Precision Medicine Initiative cohort ($40,000,000), the BRAIN Initiative ($10,000,000), and regenerative medicine research ($2,000,000).”

 

Education Provisions

  • IES — $605.267 million (- $13 million)
  • GEAR Up — $339.7 million (+$17 million)
  • TRIO — $950 million (+$50 million)
  • Pell
    •  Maximum award will be increased to $5,935, funded by a combination of discretionary and mandatory funds
    • Year-round Pell restored
    • $1.3 B in surplus reallocated
  • Title VI international– $72.2 million (flat)

 

Report language of note:

TRIO:

There is concern that the Department has rejected and made ineligible for review several fiscal year 2017 grant applications based on minor formatting issues. The Department is strongly encouraged to provide flexibility to such applicants by permitting submission of a corrected application. The Department should include consistent formatting requirements across all TRIO competitions in the future.”

 

Defense

Research Accounts:

6.1:  $2.28 Billion (level)

6.2:  $5.30 billion (+$30 million)

 

USDA

AFRI — $375 million (+$25 million)

McIntire-Stennis — $33.9 million (level)

 

CJS

  • NSF– $7.4 overall
    • MREFC– $209.0 Million (+$8.7 million, $121.9 million for 3 research vessels)
  • NOAA
    •  Integrated Ocean Observing System– $30.7 million (+$1.2 million)
  • Adopts IOOS language from both bills (will need to go through again) and encourages use of HF radars
    • OAR CI’s– $60.0 M (level)
    • Sea Grant– $63.0 M (- $10.0 M)
  • NASA
    • Space Grant– $40.0 M (level)
    • Earth Science– $1.92 B (level)

E&W

  • EERE — $761 million (+$40 million)
    • Water Power Energy R&D $84 million (+$14 million)
  • ARPA-E — $276 million (+$15 million)
  • Office of Science – $5.4 billion (+$40 million)
    • Fusion — $330 million (+$7 million)

 

Interior

  • EPA Science and Technology — $91.9 million (-$9 million)
    The bill provides $713,823,000 to be partially offset by a $7,350,000 rescission for a net discretionary appropriation of$706,473,000. The bill transfers $15,496,000 from the Hazardous Substance Superfund account to this account.

    • Chemical safety and sustainability – $ 126.9 million (-$9 million)
    • National priorities — $4.1 million (-$10 million, but over the FY2017 request of $0)
    • Safe and sustainable water resources — $106.2 million (-$1.1 million)
    • Sustainable and healthy communities — $ 134.3 million (-$5.6 million)
  • USGS
    • CRU’s– $17.4 million (level)
    • Earthquake Early Warning– $10.2 M (+ $2 M)
  • NEH– $149.8 million (+$1.9 million)

 

 

House Scraps ACA Vote, House and Senate Pass One Week CR

Late last night, House Republican leadership decided to forego a vote on the ACA amendment by Rep. Tom MacArthur circulated earlier this week. MacArthur, who is the leader of the moderate Republican Tuesday Group, would shift how individuals with preexisting conditions are insured to the states. The amendment won the support of the conservative House Freedom Caucus by loosening insurance mandates, but didn’t gain many moderates. Additionally, the House Democrats announced that if the House voted on the amendment, Democrats would all vote against the much-needed, short-term CR to keep the government open though midnight Friday.

This morning, the House of Representatives passed the one-week CR to keep the government operating. It is an necessary step to avert a shutdown as negotiators continue to work on an agreement to extend funding through the remainder of the year via an omnibus appropriations measure.

The Senate unanimously passed a stopgap spending bill, about an hour after the measure was overwhelmingly approved by the House.

The bill funds the government for one week, avoiding a government shutdown at midnight. Lawmakers plan to pass a broader spending package next week to fund the government through September.

White House Rolls Back Shutdown Demands on Border Wall, Okays Subsidies

Lawmakers on both sides of the aisle and Hill look closer to a deal as the Trump Administration has backed down on demands for a downpayment on the border wall in FY 2017. The decision by Trump to postpone a battle over wall funding until the fall, if necessary, came as a victory for Democrats who oppose a wall and a comfort for Republican negotiators who were given more freedom to maneuver to get a deal in place that would prevent a government shutdown. 

A bigger sticking point has been the ACA subsidies. This afternoon, the White House has said that it will continue paying Affordable Care Act cost-sharing subsidies, removing the biggest remaining hurdle in the negotiations to avoid a government shutdown.

Negotiations continue, but a short term CR may still be in order.

This Week in Congress, April 24-28

Here is a selection of committee meetings happening this week.

 

TUESDAY, APRIL 25

 

Senate Judiciary

INTELLECTUAL PROPERTY AND INNOVATION

April 25, 10 a.m., 226 Dirksen Bldg.

Full Committee Hearing

 

 

WEDNESDAY, APRIL 26

 

Senate Commerce, Science & Transportation

FREE ENTERPRISE IN SPACE

April 26, 10 a.m., 253 Russell Bldg.

Subcommittee Hearing

 

Senate Environment & Public Works

WOTUS RULE REVIEW

April 26, 10 a.m., 406 Dirksen Bldg.

Full Committee Hearing

 

Senate Health, Education, Labor & Pensions

PENDING LEGISLATION/GOTTLIEB NOMINATION

April 26, 9:30 a.m., 430 Dirksen Bldg.

Full Committee Markup

 

Senate Homeland Security & Governmental Affairs

FEDERAL PROGRAMS WASTE AND FRAUD

April 26, 10 a.m., 342 Dirksen Bldg.

Full Committee Hearing

 

Senate Special Aging

AGING WITHOUT COMMUNITY

April 26, 1:30 p.m., 562 Dirksen Bldg.

Full Committee Hearing

 

House Oversight & Government Reform

UNFUNDED MANDATES

April 26, 10 a.m., 2154 Rayburn Bldg.

Subcommittee Hearing

 

House Science, Space & Technology

SPACE LIFE SEARCH

April 26, 10 a.m., 2318 Rayburn Bldg.

Full Committee Hearing

 

House Transportation & Infrastructure

HAZARDOUS MATERIAL TRANSPORT INFRASTRUCTURE

April 26, 10 a.m., 2167 Rayburn Bldg.

Subcommittee Hearing

 

 

THURSDAY, APRIL 27

 

Senate Banking, Housing & Urban Affairs

ASSESSING RUSSIA SANCTIONS

April 27, 10 a.m., 538 Dirksen Bldg.

Full Committee Hearing

 

House Education & the Workforce

STRENGTHENING SCHOOL ACCREDITATION

April 27, 10 a.m., 2175 Rayburn Bldg.

Full Committee Hearing

 

House Oversight & Government Reform

BORDER WALL SECURITY

April 27, 10 a.m., 2154 Rayburn Bldg.

Subcommittee Hearing

House Committees Mark Up ACA Repeal

Mark up for both the House Energy and Commerce (E&C) and House Ways and Means (W&M) committees will happen this morning beginning at 10:30 am. Both committees will consider the bills until they’re done and each committee is expecting around 100 amendments per committee. Highlights of the bill are below . 

Watch the W&M hearing here. 

Watch the E&C hearing here. 

Big Items:

  • It would convert federal Medicaid financing to a per capita cap beginning in FY 2020 based on FY2016 enrollment.
  • It would reduce eligibility from 138% to 100% of FPL. 
  • It repeals all ACA taxes except for the Cadillac tax, which is delayed until 2025.
  • It repeals Medicaid DSH cuts for non-expansion states beginning in 2018 and for
    expansion states in 2020. Expansion states will not absorb cuts for DSH across all states. Rather,
    the cuts will be divided across states, and expansion states will absorb only their share in 2018
    and 2019.
  • It would retain coverage requirements like preexisting conditions, dependents up to age 26, preventative coverage, and prohibition on lifetime and annual limits.
  • Tax credits to purchase coverage are reduced. 
  • It would repeal of the individual mandate (but insurers may charge a 30 percent higher premium for one year for individuals returning to the health care market after having been uninsured.

House and Senate Consideration

The House E&C and W&M mark up is today. After that, both parts will have to go to the House Budget Committee to be “married together” and more changes can be made. House Budget consideration could be as soon as Friday depending on when E&C and W&M finish. House Leadership will likely try to put the bill up for full consideration by next week. 

From there, it will go to the Senate.  The Senate will attempt to pass this via the Senate Budget Reconciliation process, which means that the Senate will consider this via a straight up or down vote — 60 votes are not needed. However, whatever the House passes, the Senate will change to conform to Reconciliation rules, so presumably McConnell can change the legislation enough to pacify some of these Senators and/or pick up Democrats like Senator Joe Manchin (D-WV), who represents a state where Trump is very popular. 

There are restrictions in what the Senate can considered via Budget Reconciliation. Namely, there is a restriction called the Byrd Rule, which means, in overly simplistic terms, provisions considered in a budget bill have to be related to cost or spend money; they cannot legislate. Why is this important? There are items in the House draft, such as Section 103 in the E&C draft (the provision defunds Planned Parenthood) that will be struck from the Senate’s version by virtue of the fact that these provisions legislate. 

While officially, the Senate should do as the House and send the bill to the companion Senate committees (HELP, Senate Finance, and Senate Budget), there is a push to have McConnell move this straight to the Senate Budget Committee or Senate Floor. Regardless, this legislation will move quickly in each legislative body. 

The goal is to have the whole bill passed and signed before Congress leaves for a two-week Easter Recess on April 7th. 

In the mean time, the Congressional Joint Committee on Tax has estimated this will cost $500 B over the next 10 years due to all of the ACA taxes repealed — all ACA taxes are repealed but for the the Cadillac Tax, which is delayed until 2025. There still is no CBO score, which would include an accounting of all revenue lost as well as the number of people losing coverage. A CBO score isn’t expected until after the measure is considered by the House. 

Politically

Conservative political groups are blasting the measure already. The Club for Growth, Heritage Action, FreedomWorks, and Americans for Prosperity have all been very critical of the measure and have the ear of conservative Members. Other groups, such as AARP, have also come out against the bill. 

The Office of Federal Relations will continue to track the legislation and continue to provide updates.