Congress Passes FY2021 Government Funding Bill, COVID Relief, and Authorization Package -- Possible NDAA Override Next Week
On Monday evening, the U.S. House of Representatives and Senate passed a legislative package that includes a $900 billion COVID relief package, an omnibus appropriations bill that funds the federal government through the 2021 fiscal year, and a package of authorization and reform legislation.
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UPDATE - 12.28.20: President Trump signed the COVID relief and omnibus government spending package on December 27. Unfortunately, for workers relying on pandemic unemployment assistance, the President’s delay on signing the bill means some 7.3 million unemployed workers will have a gap in their federally-funded benefits.
On December 28, the House voted to override the NDAA, which President Trump had vetoed on December 23rd. The House also passed a bill for $2,000 relief checks for Americans. The Senate will consider overriding the NDAA on December 29 with Senators Sanders (I-VT), Markey (D-MA), and others considering a filibuster on the NDAA override vote in order to pressure Senate Leader Mitch McConnell to hold a vote on increasing relief checks to $2,000.
Read IFPTE’s press statement, issued on on December 28, on COVID relief for working families and state and local governments.
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COVID Relief
The 5,593-page bill includes a set of COVID relief provisions — coming eight months and 26 days after the CARES Act was passed and signed — which were the center of a sprawling debate in both chambers of Congress throughout the month. Prior to December, the House passed a $3 trillion Heroes Act in May and a scaled back $2.2 trillion version in October, the Senate Republican’s proposed a $1 trillion HEALS Act in late July, while President Trump floated a $1.8 trillion relief plan in mid-October. None of these proposals moved forward as negotiations repeatedly stalled between House and Senate leadership and the White House team lead by U.S. Treasury Secretary Steve Mnuchin and the President’s Chief of Staff Mark Meadows.
The December proposal was put forward by a bipartisan group of Senators originally included critically needed state and local government aid, a key priority that IFPTE has pushed for. That proposal also included a corporate liability shield which has been a constant demand and precondition set by Sen. McConnell for any COVID legislation to move forward in the Senate — the provision functioned as a poison pill to prevent progress in the Senate’s consideration of a COVID package for the last six months. Unions, including IFPTE, and consumer advocacy groups universally opposed the liability shield as it would upend any workplace safety enforcement and mechanisms for holding employers and businesses accountable for negligence.
After McConnell maneuvered to link the state and local aid provisions to be attached to the corporate liability shield, both pieces were left out of the final COVID relief deal. IFPTE will continue to push for federal aid for state and local governments in the next Congress and with the incoming Biden Administration as well as for payroll support for the aircraft manufacturing supply chain (see IFPTE’s COVID priorities letter to Congressional leadership).
Key Provisions Included in COVID Relief:
$14 billion for public transit agencies and $10 billion for states’ departments of transportation
$73 billion for public health, plus $23 billion for vaccine manufacturing and procurement and $22.4 billion for testing and contact tracing
An extension of Pandemic Unemployment Assistance , an additional $300/week Federal Pandemic Unemployment Compensation, and extension of Pandemic Emergency Unemployment Compensation by 11 weeks; all extended to March 14, 2021
Recovery tax rebate checks of $600 per individuals earning up to $75,000 or $1,200 for married joint filers, and $600 for children, based on 2019 tax filing.
Extension of employer tax credits for employers who elect to provide 80 hours emergency paid sick leave or emergency paid family and medical leave under the Families First Coronavirus Response Act (FFCRA) through March 14, 2021; Note: the legislation does not extend the requirement for employers to provide this emergency leave.
$15 billion for air carriers payroll support program
$25 billion for rental assistance benefits administered by state and local governments
15% increase in benefit level for Supplemental Nutrition Assistance Program
Read House Democratic Staff’s summary of COVID relief provisions[PDF]
Omnibus Spending Bill
The 12 appropriations bills for fiscal year 2021, combined and passed by Congress as an omnibus bill, fund the federal government at level of $1.4 trillion. Congress had passed a continuing resolution on September 30 that kept the government funded until December 11 and then passed short-term funding to allow time to negotiate COVID relief and finish work on the omnibus bill.
The House passed the 12 spending bills necessary to fund the government for the 2021 fiscal year in July, but the Senate only released their 12 funding bills in November.
The omnibus bill does not include language to defund implementation of the Schedule F executive order, a request IFPTE and federal employee unions had made to Congressional appropriators.
Key provisions affecting IFPTE members in the omnibus bill include:
No language on the federal pay raise, meaning federal workers will receive the 1% pay increase in the President’s Budget for 2021
No inclusion of a Schedule F defund
Language to allow fed workers who were forced to defer the Social Security payroll tax to pay back the deferred amount over the entirety of 2021, versus the 4 month period called for in the executive order
Read House Democratic Staff’s summary of omnibus appropriations provisions [PDF]
Other Key Bills Attached to Omnibus-COVID Bill
A number of key authorization bills and legislation were attached to the legislative package, include bills that IFPTE members have helped shape.
Authorization bills and legislation attached to the omnibus and COVID package include:
The Water Resources Development Act of 2020, a vital infrastructure authorization bill which includes the IFPTE-backed 65% Treasury monies/35% Inland Waterways Trust Fund cost-share for inland waterways projects.
The Aircraft Certification, Safety, and Accountability Act, backed by SPEEA and IFPTE, which provides necessary reforms to aircraft certification including whistleblower protections, and addresses deficiencies in technical knowledge, communication, and oversight that exist in the relationship between the FAA and aircraft manufacturers.
Read House Democratic Staff’s summary of authorizations including WRDA and aircraft certification reform[PDF]
NDAA Likely Heading to Veto, Congress Planning Override
Earlier in December, both the House and Senate passed the National Defense Authorization Act by veto-proof majorities. IFPTE’s involvement in crafting the NDAA has resulted in the inclusion of provisions that supports federal employees, DOD workers, and uniformed personnel.
Currently, President Trump is poised to allow a “pocket-veto” by not signing the NDDA into law. If that comes to pass, Congress is planning on voting on December 28 to override the veto.