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Last-Minute Veto Threat

Trump Signs FY 2018 Omnibus With Ray Baum's Act, Cloud Act, Communications Appropriations

President Donald Trump signed the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986) and other tech and telecom policy provisions included in the $1.3 trillion FY 2018 omnibus spending bill (HR-1625) Friday, despite a last-minute threat to veto the measure. The Senate passed the omnibus early Friday 65-32, after behind-the-scenes "begging, pleading and cajoling" to assuage objections from Sens. Rand Paul, R-Ky., and Jim Risch, R-Idaho, said Senate Majority Leader Mitch McConnell, R-Ky., on the floor.

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Trump told reporters he signed the omnibus despite many “things that I’m unhappy about in this bill,” including a lack of funding for his immigration and border security priorities. “I say to Congress: I will never sign another bill like this again,” he said, urging the Senate to abolish the filibuster and Congress to enact a line-item veto power for all federal spending bills. The House approved the measure Thursday after negotiations earlier in the week produced a deal between the White House and Hill leaders (see 1803210041, 1803210068 and 1803220048).

The HR-4986 language in the omnibus includes provisions from three spectrum bills: the Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless (Mobile Now) Act (S-19), the Viewer Protection Act (HR-3347) to authorize additional repack funding and the Spectrum Auction Deposits Act (HR-4109) to let the FCC place bidders' deposits for future spectrum auctions in a Treasury Department fund. The last measure allocates an additional $1 billion for the repack process, with $600 million available in FY 2018 and $400 million in FY 2019. The omnibus allocates $600 million in funding for a Rural Utilities Service-administered Distance Learning, Telemedicine and Broadband Program, $465 million in federal funding for CPB and $7.5 million for NTIA to coordinate the federal government's broadband mapping activities. Public broadcasters had staved off Trump's earlier plan to nix their funding. The omnibus also includes language from the Clarifying Lawful Overseas Use of Data Act (HR-4943/S-2383).

Enactment of the HR-4986 language “will help America lead the world in 5G,” said FCC Chairman Ajit Pai. “By fixing the upfront payments issue, this law will enable the FCC to commence a 5G spectrum auction later this year.” The S-19 language “will lead to the identification of at least 255 [MHz] of licensed and unlicensed spectrum that will help the United States continue to lead in wireless innovation and deployment,” Pai said: “This law also addresses a number of other important Commission concerns,” including streamlining “redundant and, in some cases, outdated reporting requirements that divert the FCC’s time and resources from more critical work.”

The appropriations to CPB and more than $27 million to Department of Education's Ready to Learn program for kids, which includes a TV element, “reaffirms that federal funding for public media is an investment that continues to deliver proven value and service to the American people,” said CPB CEO Patricia Harrison. America’s Public Television Stations is “delighted that Congress has approved legislation providing full funding” to CPB and Ready to Learn, said APTS CEO Patrick Butler. The Trump administration again proposed to cut federal funding to CPB in its FY 2019 budget proposal, though appropriators have said it's unlikely that will happen (see 1802120037 and 1802210033).