Congress used the power of the purse to reverse RFK Jr.'s cuts to CDC, FDA, and NIH
The bipartisan FY2026 bill requires agencies to stay staffed and mandates 60 days' notice before any CDC reorganization
On February 3, 2026, President Trump signed the FY2026 Consolidated Appropriations Act, which contained the Labor-HHS-Education division that directly governs CDC, NIH, and FDA funding. The bill fully funded the CDC at $9.2 billion — rejecting RFK Jr.'s proposed $3.6 billion cut — fully funded NIH at $49 billion (an increase over FY2025), and funded the FDA at enacted levels, rejecting proposed reductions.
The House passed the broader funding package 217-214 on a largely party-line vote; the Senate voted 71-29 on a five-bill package that was then merged in conference. The bipartisan 71-29 Senate margin reflected that enough Republican senators from states with major research universities, NIH-funded medical centers, and pharmaceutical manufacturing — Iowa, Utah, Pennsylvania, Maine — broke with the administration's proposed cuts.
Key Concepts
Essential concepts and terms to understand this topic
Federal Court Limits
Jurisdictional limits on federal courts based on state sovereign immunity.
Rule-Making Power
Authority of federal agencies to create legally binding rules through notice-and-comment procedures.
Advice and Consent
The Senate''s power to approve or reject presidential appointments and treaties.
Antideficiency Act
1870 law prohibiting federal agencies from spending money they haven't been appropriated by Congress, enforced through government shutdowns.
Independent Agencies
Federal agencies with legal protections from presidential control to ensure impartial decision-making.
Government Shutdowns
Temporary closure of federal agencies due to budget impasses.
Power of the Purse
Congress controls all government spending and can leverage this over other branches.
Impoundment Control Act
1974 law prohibiting the president from refusing to spend appropriated funds without formal rescission approved by Congress.
Federal Agencies
Government organizations that implement and enforce laws within the executive branch.
Key People
8
Tammy Baldwin
Ranking Member, Senate Labor-HHS Appropriations Subcommittee (D-WI)
Baldwin was the primary Democratic negotiator on the Labor-HHS division of the FY2026 omnibus. She championed the provisions requiring staffing maintenance, prohibiting the AHA reorganization, and mandating 60-day advance notice for any CDC restructuring. Her success in writing these requirements into law rather than relying on funding levels alone was the legislative achievement of the bill.
Robert F. Kennedy Jr.
HHS Secretary
RFK Jr.'s proposed $3.6 billion CDC cut, $18 billion NIH cut, and AHA reorganization were all rejected or frozen by the FY2026 bill. He is bound by the staffing maintenance requirement and the 60-day reorganization notice provision. His freedom to restructure HHS through administrative action is significantly constrained for FY2026.
Mike Johnson
House Speaker (R-LA)
Johnson assembled the 217-214 House majority for the omnibus with zero margin for error, managing competing factions between hardline members who wanted deeper cuts and moderates who feared the political consequences of gutting NIH and CDC in states with major research universities and medical centers.
Susan Collins
Senator (R-ME); Senate Appropriations Committee member
Collins was among the Republican senators whose votes helped produce the 71-29 Senate margin. Her state's research institutions (Maine Medical Center Research Institute, Jackson Laboratory) and rural health infrastructure depend heavily on NIH and CDC funding. She had publicly signaled opposition to the proposed NIH cuts before the bill advanced.
MB
Matthew Buzzell
CDC Director (appointed June 2025)
Buzzell acknowledged in January 2026 that CDC was 'operating at reduced capacity' and could not commit to restoring paused surveillance systems without additional hiring authority — even with the full appropriations level. His candid statement about ongoing capacity gaps set expectations for what the $9.2 billion figure would and would not accomplish.
Francis Collins
Former NIH Director (2009–2021); public advocate for NIH funding preservation
Collins actively lobbied members of Congress — including Republicans — against the proposed $18 billion NIH cut, writing op-eds and testifying before the Senate HELP Committee. He framed NIH funding as a driver of economic growth (every $1 in NIH funding generates approximately $2.35 in economic activity) and as essential to U.S. scientific competitiveness against China.
Patty Murray
Senate Appropriations Committee Chair (D-WA)
Murray coordinated the Democratic negotiating position on the full omnibus, including the HHS provisions. She worked with Baldwin on the statutory language requirements and described the DOGE access restrictions written into the bill as 'the first guardrails on what has been completely unauthorized federal data access.'
Russell Vought
OMB Director
Vought was the administration's primary negotiating counterpart on spending levels. After the bill passed, he stated the administration would 'comply with the law' while reserving the right to propose further cuts in FY2027. He did not publicly address the DOGE access restrictions or the AHA reorganization freeze.
What you can do
Monitor whether HHS submits the required 60-day reorganization notice before moving any CDC functions
education
The FY2026 bill requires HHS to give Congress and the public 60 days' written notice before restructuring any CDC functions. If RFK Jr. attempts to implement the AHA reorganization or move CDC programs to other agencies, that notice must be publicly available. Track HHS.gov and appropriations committee websites for any such filings.
Contact your senators about the FY2027 HHS budget request when it is released
civic action
The FY2026 bill only constrains HHS through September 30, 2026. The Trump administration will release a FY2027 budget request in the spring. If it again proposes deep cuts to CDC, NIH, and FDA, the same appropriations battle will repeat. Contact your senators to express your position before the appropriations process begins.