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5,593-page Bill Now Ready

A few hours ago, the text of the combined package containing the FY2021 omnibus spending bill and the next COVID relief legislation was released.  The text of the 5,593-page bill is available here.

Needless to say, it will take some time to go through the bill to pull out the provisions of most relevance to UW. However, provided below are some initial points of interest.

COVID RELIEF PACKAGE

Education

$82 Billion for Education

  • $4.05 billion to Governors for education purposes, with $2.75 billion set aside for private education funding
  • $54.3 billion for public K-12 education
  • $20.2 billion for public and private non-profit higher education, going directly to institutions
    • the distribution of funds will be based on a combination on a host of factors, such as the number of full-time Pell students, the number of total Pell students, the number of full-time students, the number of total students
    • With these funds, institutions would have to spend at least the same amount they spent on student emergency grants with CARES funding.
  • $681 million for for-profit higher education
  • $1.7 billion for MSIs and $113.5 million for institutions with the highest need
  • $113.5 million for those institutions with the greatest need caused by COVID-19

FAFSA Simplification

  • Reduces total questions on the FAFSA from 108 questions to a maximum of 36 questions
  • Reduces the Department of Education’s lengthy financial data verification process by instead using data from the Internal Revenue Service
  • Creates simpler Pell Grant eligibility guidelines for maximum and minimum awards, so many applicants will know if they will get a maximum or minimum grant to go to college
  • Seeks to more clearly define terminologies to help families understand the questions being asked.
  • Higher level of income protection allowance.
  • Allows incarcerated students to become eligible for Pell.
  • Eliminates drug conviction and Selective Service registration eligibility thresholds.

Health Provisions

  • $9 Billion for CDC and states for vaccine distribution
  • $22 Billion for state for testing, tracing, and mitigation
  • Medicare:
    • injects $3 billion into the physician fee schedule in 2021, resulting in payment increases across the board helping all Medicare providers during the ongoing COVID-19 pandemic
    • continues the current Alternative Payment Model (APM) thresholds for two additional years, allowing more providers to qualify for the 5 percent APM payment who would otherwise have been disqualified because of statutory increases in threshold amounts
    • delays the 2 percent sequester cuts that were supposed to resume January 1, 2021, for three additional months
  • Enacts HR 3425, Medicare GME treatment of hospitals establishing new medical residency training programs after hosting medical resident rotators for short durations. This section allows hospitals to host a limited number of residents for short-term rotations without being negatively impacted by a set permanent full time equivalent (FTE) resident cap or a Per Resident Amount (PRA).
  • Enacts Promoting rural hospital GME funding opportunity (HR 8892). This section makes changes to Medicare graduate medical education (GME) Rural Training Tracks (RTT) program in order to provide greater flexibility for rural and urban hospitals to partner and address the physician workforce needs of rural areas.

Tax/HR Provisions

  • Energy efficient commercial buildings deduction. This provision allows an increased deduction for buildings that meet above-industry standards of energy efficiency in the year they are placed in service. The energy efficiency standards are updated and the deduction rate is indexed to inflation.
  • Transition from deduction for qualified tuition and related expenses to increased income limitation for lifetime learning credit. After 2020, this provision repeals the qualified tuition deduction and replaces it by increasing the phase-out limits on the Lifetime Learning credit to hold taxpayers harmless.
  • Employee Retention Tax Credit (ERTC) extended and expanded Beginning on January 1, 2021 and through June 30, 2021, among other things, the provision, allows colleges, universities and entities who’s primary purpose is to provide health care to participate.
  • Five-year extension of exclusion for certain employer payments of student loans.
  • Certain charitable contributions deductible by non-itemizers. This provision extends and modifies the non-itemizer charitable deduction for 2021 and increases the maximum amount that may be deducted to $600 for married couples filing a joint return (while non-married filers or married filers who file separately are limited to $300).
  • Modification of limitations on charitable contributions. This provision extends for one year the increased limit ($600) from the CARES Act on deductible charitable contributions for corporations and taxpayers who itemize.
  • Temporary special rules for health and dependent care flexible spending arrangements. This provision provides further flexibility for taxpayers to rollover unused amounts in their health and dependent care flexible spending arrangements from 2020 to 2021 and from 2021 to 2022. This provision also permits employers to allow employees to make a 2021 mid-year prospective change in contribution amounts.
  • Temporary changes to Flexible Savings Accounts. This provision provides further flexibility for taxpayers to rollover unused amounts in their health and dependent care flexible spending arrangements from 2020 to 2021 and from 2021 to 2022. This provision also permits employers to allow employees to make a 2021 mid-year prospective change in contribution amounts.
  • Codifies Education guidance and states that emergency grants that students received from the CARES Act or any other emergency grant funding from institutions, states, the federal government, or any other entity for emergency purposes would not count as gross income for tax purposes.
  • IRS and Education to work together to ensure that the sharing of taxpayer data for purposes for federal student aid does not create unintended problems with respect to confidentiality.

Other pandemic-related provisions

  • SNAP benefits extended to college students who are eligible for federal or state work study programs or have $0 EFC for federal student aid formula purposes, and are at least half-time
  • Second round of PPP loans
  • $300 per week unemployment payments for 11 weeks (through March 14, 2021)
  • $600 per person in direct payments (including for children), phased out at $75,000 per person/ $150,000 per couple
  • $25 billion for rental assistance and eviction moratorium through January
  • $1.3 billion for broadband connectivity
  • Extends the date by which state and local governments much make expenditures with CARES Act Coronavirus Relief Fund awards from December 30, 2020 to December 31, 2021.
  • Transportation aid: $15 billion for airlines, $14 billion for mass transit, $10 billion for state highways, $2 billion for airports and $1 billion for Amtrak.
  • Broadband: $3.2 billion for low income broadband expansion

 

FY2021 OMNIBUS APPROPRIATIONS PACKAGE PROVISIONS OF INTEREST

  • NIH $42.9 billion, an increase of $1.25 billion
    • $3.118 billion, an increase of $300 million, for Alzheimer’s disease and related dementias research;
    • $560 million, an increase of $60 million, for the BRAIN Initiative;
    • $541 million, an increase of $8 million, for research related to opioids through the HEAL Initiative;
    • $220 million, an increase of $20 million, for Universal Flu Vaccine Research;
    • $3.09 billion, an increase of $20 million, for HIV/AIDS Research, including funding for the Centers for AIDS Research as part of the Ending the HIV Epidemic Initiative;
    • $65 million, an increase of $5 million, for the INCLUDE Down syndrome research initiative;
    • $12.5 million for research on firearm violence prevention;
    • $44 million, an increase of $5 million, for the Office of Research on Women’s Health; and
    • Funding for new initiatives, including $10 million for research on premature births, $10 million for research on tick-borne diseases, and $50 million for research on artificial intelligence to address chronic diseases
  • NSF $8.5 billion, an increase of $208.4 million above the FY20
  • CDC, $7.9 billion an increase of $125 million ($56 million, an increase of $5 million, for public health workforce and career development)
  • NIOSH $345 million, an increase of $2.5 million
  • AHRQ $338 million, level funded
  • NOAA Sea Grant $75 million, an increase of $2 million above FY20
  • DOE EERE $2.86 billion, an increase of $72 million above FY20
  • DOE Office of  Science $7.026 billion, an increase of $26 million above FY20
  • DOE Advanced Research Projects Agency $427 million, an increase of $2 million above FY20
  • NEA $167.50 million, an increase of $5.25 million
  • NEH $167.5 million, an increase of $5.25 million
  • Pell $6,495 for the maximum Pell Grant, an increase of $150
  • SEOG $880 million
  • Federal Work Study $1.2 billion
  • Corporation for Public Broadcasting $475 million, in 2023 advance funding, an increase of $10 million
  • IMLS $257 million, a $5 million increase
  • State Dept $100.7 million for combatting wildlife trafficking
  • USGS $25.7 million is included for continued development and expansion of the ShakeAlert West Coast earthquake early warning (EEW) system
  • USGS CRUs $25 million level funding

The House is debating the bill now and the Senate is expected to follow suit later this evening.

As we noted above, this is a very big piece of legislation, one that we will continue to review in the days to come.  We will continue to update this blog.  Please check back for additional updates.

 

DACA Reinstated

A federal court has ordered US Citizenship and Immigration Services to accept new DACA applications and restore two-year work permit validity. Judge Nicholas Garaufis of the US District Court for the Eastern District of New York issued the ruling today. USCIS is required to update information on their website by Monday, as well as develop a mechanism to notify eligible applicants. The Administration has the option to appeal the decision.

Read more here.

Bipartisan COVID Relief Bill Unveiled

A bipartisan group of Senators have introduced a “middle ground” COVID relief bill which they hope can work for both sides of the aisle and pass before the holidays. The $908 billion bill includes some relief for state, local, and tribal governments, the USPS, $300/week unemployment supplements, help for small businesses, testing and tracing, housing assistance, a reauthorization of the paycheck protection program, and more. The bill does not include another round of $1,200 stimulus checks.

An overview is available here, however the actual bill has not been made available yet.

Some of the $908 billion is repurposed from prior spending bills, rather than new spending.

It is unclear whether the bill has enough support to pass in either chamber, or whether the President would sign it. Democrats continue to push for greater spending while Republicans want a smaller price tag.

Read more here.

Upcoming in Congress…

As the Biden administration enters the transition period, including the vetting of cabinet officials, the current Congress begins a lame-duck session. The Senate reconvened on Monday, November 9th, and the House will reconvene on Monday, November 16th. The 117th Congress is set to begin on January 3rd, 2021. President-elect Biden will take office at 12:00pm ET on January 20th, 2021.

To recap:

  • Joe Biden has been elected President, and Kamala Harris has been elected Vice President.
  • President Trump and Vice President Pence’s terms will expire on January 20th, 2021. They are “lame-ducks”, meaning they have a limited amount of time to accomplish remaining agenda items.
  • The House of Representatives is still under Democratic control in the next Congress, by a narrow margin, after Democrats lost a handful of seats.
  • The Senate is very likely still under Republican control in the next Congress, even with uncalled elections in Alaska, Arizona, North Carolina, and Georgia. Republican Senators Sullivan (R-AK) and Tillis (R-NC) are projected to keep their seats. Republican Senator McSally (R-AZ) is expected to lose her seat to Democrat challenger Mark Kelly. A runoff in Georgia is scheduled for January 5th to elect those two seats, one of which is a special election. If Democrats manage to flip those two seats, the balance of the Senate would be 50-50, however this is a heavy lift considering Georgia hasn’t elected a Democratic Senator since 2000.

Looking to the next Congress:

Senate Majority Leader Mitch McConnell (R-KY) has won reelection and is favored to remain in his position. Speaker of the House Nancy Pelosi (D-CA) has also won reelection and will seek another term as Speaker. Leader McConnell confirmed during that during the lame-duck session, the Senate will continue to work on COVID-19 relief and FY21 appropriations.  Speaker Pelosi has announced a similar plan for the House. The National Defense Authorization Act also remains on the to-do list.

The current Continuing Resolution expires on December 11th, after which the Federal Government could shut down without another Continuing Resolution. Democrats and Republicans would have to come to a quick consensus on a variety of issues in order to wrap up FY21 appropriations before Biden takes office. Senate Republicans are expected to release their FY21 numbers in the next day or so.

For the 117th Congress, the members of the Washington delegation remain unchanged except for the addition of Congresswoman-elect Marilyn Strickland (D-WA-10th) replacing Congressman Heck, who will become Lieutenant Governor. Neither of the Washington Senators were up for reelection in 2020. Committee assignments for the 117th Congress should be finalized in January.

We will post relevant updates as they become available.