FY 2018 Omnibus Spending Bill Monday Release Uncertain
Capitol Hill's expected Monday night release of the FY 2018 omnibus spending bill looked more uncertain at our deadline, but several lawmakers and aides said they believe the legislation will include the text of the House-passed Repack Airwaves Yielding Better…
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Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986). The leaders of the House and Senate Commerce committees have been eyeing the omnibus as a vehicle for enacting HR-4986 since last month, before the House passed the legislation (see 1802270055, 1803010056 and 1803060046). The Clarifying Lawful Overseas Use of Data Act (HR-4943/S-2383) could also be included in the omnibus (see 1803150059). The current continuing resolution to fund the government expires Friday. Senate Commerce Chairman John Thune, R-S.D., and other lawmakers separately told reporters they were hopeful but not certain the omnibus text would be finalized Monday night amid disagreements on several issues. Thune told reporters he is confident HR-4986 would be in the omnibus but "nobody knows until you see it." There was still "a whole bunch of stuff" under negotiation at our deadline, Thune said. Senate Appropriations Financial Services Subcommittee Chairman Shelley Moore Capito, R-W.Va., whose subcommittee has jurisdiction over the FCC budget, told reporters she is "very confident" that spectrum provisions included in HR-4986 are in the omnibus but "in terms of FCC reauthorization, I don't have a definite answer on that." HR-4986 includes language from the Viewer Protection Act (HR-3347) to authorize additional repack funding (see 1803080049) and from the Spectrum Auction Deposits Act (HR-4109) that would let the FCC place bidders' deposits for future spectrum auctions in a Treasury Department fund. It also includes a revised version of language from the Senate-passed Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19) spectrum bill (see 1803020027 and 1803060046). "We're still optimistic” that HR-4986 will be included in the omnibus, but “anything can happen” since negotiations were continuing Monday on several items in the larger spending package, one aide told us. It’s unlikely that last-minute misgivings voiced by Public Knowledge and others (see 1803160059) about language drawn from the FCC Consolidated Reporting Act (HR-599/S-174) would endanger HR-4986’s prospects of being included in the spending bill, another aide said. The House passed HR-599 in early 2017. The Senate approved S-174 and other telecom-related bills in August as part of a deal to confirm Commissioners Brendan Carr and Jessica Rosenworcel (see 1708030060). The legislative language from S-174 would consolidate several FCC reports into a single biennial “Communications Marketplace Report.” Congressional Democratic leaders have backed consolidated reporting, with previous versions of HR-599/S-174 passing “unanimously” out of the House and Senate several times, so “it’s a little late in the game” for PK and others to object to the provisions now, an aide said.