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Monthly Legislative Newsletter: April 2024
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Congressional State of Play

Congress returns from recess the week of April 8 after a two-week recess, which began after lawmakers were once again forced to confront the now familiar challenge of looming government shutdown deadlines, a pattern that has repeated itself regularly since the conclusions of the previous fiscal year on September 30. As the deadline approached for mandatory spending reductions imposed by last summer’s debt limit agreement, Congressional leaders and White House negotiators kicked off discussions that culminated in a second six-bill ‘minibus’ spending agreement. This agreement, combined with a similar six-bill package that had been brokered earlier in March, finally broke the cycle of short-term spending resolutions and marked the conclusion of the tumultuous spending standoff that began over a year ago - providing the federal government with full-year funding nearly six months after the start of the current fiscal year. Together, the minibus agreements contain $1.659 trillion in funding and policy directives that touch every sector of the federal government - the vast majority of that spending coming in the second package, which includes funding for defense, foreign, operations, labor, and health programs, among other priorities. While the final form of these agreements varies little from the initial framework that had been struck last summer by Former Speaker Kevin McCarthy (R-CA) and the White House, which eventually led to his ouster, the spending packages still mark the most significant bipartisan deal to be led by Speaker Mike Johnson (R-LA) in his first five months on the job. Similar to his predecessor, Johnson found himself overwhelmingly reliant on Democrats to secure final passage of both spending agreements, a reliance which has damaged his reputation among his more conservative colleagues and puts his Speakership in jeopardy. Congress returns for a busy two-week work period before departing again the week of April 22, in addition to substantive policy matters lawmakers anticipate this period may also answer lingering questions related to the solvency of Republican leadership.

Leading up to each vote in the House, the Speaker invested significant time promoting the inclusion of Republican spending priorities in each package, aiming to address concerns within the party’s far-right flank. Despite these efforts, members of the House Freedom Caucus and other staunch conservatives have intensified their criticisms of the Speaker - angered both by Johnson’s willingness to negotiate with Democrats and the swift pace with which he has brought each proposal to the floor. These tensions culminated when Rep. Marjorie Taylor Greene (R-GA) filed a motion to remove Johnson as Speaker of the House shortly before final passage - potentially teeing up a challenging vote for the lower chamber’s Republicans and another prolonged Speakership battle if it succeeds. While it remains to be seen whether Greene will force a vote on Johnson’s removal, Johnson plans to forge ahead on his legislative priorities during the April work period, including a reauthorization of the Foreign Intelligence Surveillance Act (FISA) and a plan to bring a package to the House floor that combines supplemental appropriations for Ukraine with a reversal of the Biden Administration’s controversial pause on approving new Liquified Natural Gas export permits. The standing of Republican leadership in the house has also been further complicated by the race to replace outgoing Appropriations Committee Chair Kay Granger (R-TX), which has recently devolved into a power struggle between the committee’s second and third-ranking Republicans - Reps. Tom Cole (R-OK) and Robert Aderholdt respectively. While Aderholdt has not formally announced his candidacy, he has pushed his colleagues to delay the GOP Steering Committee vote on the matter which is scheduled for April 9, the recommendation of which would then be voted on by the full GOP conference to be confirmed. Aderholdt’s letter argues that such a transition presents an opportunity to institute significant reforms to the appropriations process which have been long-desired by the Chamber’s fiscal hawks, including allowing rank-and-file members to have greater input throughout the process and more time to review proposals.

In the Senate, shortly before Members were due to return to the Capitol to kick off the April work period, Majority Leader Chuck Schumer sent a letter to his colleagues on April 5 laying out his legislative agenda for the weeks and months ahead. Over the next two weeks, Schumer’s letter mentions quickly dispatching with the Republican-led impeachment of Homeland Security Secretary Alejandro Mayorkas, a new push on the supplemental spending package with aid for Ukraine and Israel that has thus far been stymied by the House, and work on reauthorizations of FISA and the Federal Aviation Administration - which are due to expire on April 19 and May 10 respectively. Alongside these matters, Schumer’s letter also mentions supplemental appropriations to help rebuild the downed Francis Scott Key Bridge in Baltimore that collapsed in an incident on March 26. Taking a longer view, Schumer also lists the Kids Online Safety Act, a bipartisan tax package, and prescription drug legislation that would address Pharmaceutical Benefits Managers and Insulin suppliers as priorities for the Senate to tackle before the fall’s elections. While Schumer’s priorities are best classified as ‘aspirational’, his letter does give us some insight into the party’s election year posturing and explain how the Majority Leader intends to utilize the power vacuum left in the wake of Minority Leader Mitch McConnell’s announcement that he would not be seeking another term in leadership. However, the fate of each of these priorities relies on Schumer’s ability to work with the House Speaker, whose job security has already been threatened by willingness to negotiate.

Appropriations Update: President Biden’s FY25 Budget Request

On April 8, President Biden took a pivotal step by signing the second FY24 'minibus' appropriations package into law. This action averted a looming government shutdown and brought an end to the prolonged spending standoff that had persisted since last September. This comprehensive package combines funding bills for Defense, Financial Services & General Government, Homeland Security, Labor - Health & Human Services - Education, and State & Foreign Operations. These bills represent the lion's share of the federal government’s annual expenditure and encompass several contentious policy matters. Of particular note, both the Labor - Health & Human Services - Education (LHHSE) and Defense bills within this package allocate significant resources to advance research and improve patient care in the field of brain cancer. 

Issue Update: Drug Shortages

On April 1, the Biden administration unveiled a comprehensive plan aimed at tackling the persistent issue of drug shortages in hospitals. This billion-dollar proposal, put forth by the Department of Health and Human Services (HHS), introduces a multifaceted approach involving both incentives and penalties for hospitals to ensure they maintain sufficient drug stocks. Under the plan, hospitals would be encouraged to adopt good purchasing practices, while drugmakers would be required to enhance their manufacturing processes. HHS Secretary Xavier Becerra emphasized the need for congressional approval to secure funding and expand regulatory authority to implement these measures effectively. Drug shortages, a longstanding challenge in the healthcare sector, were further exacerbated by disruptions in overseas supply chains during the Covid-19 pandemic. To address this, HHS's proposal includes a scoring system to assess hospitals' drug procurement practices, with rewards or penalties linked to performance metrics such as sourcing from domestic suppliers and maintaining adequate stock levels. Additionally, a separate program would evaluate generic drug manufacturers based on past performance and redundancy, providing hospitals with crucial information to inform their purchasing decisions. Despite the substantial estimated costs, these initiatives represent a concerted effort to enhance the resilience of hospital supply chains and mitigate the adverse effects of drug shortages on patient care.

Issue Overview: CRA Deadline

The looming deadline posed by the Congressional Review Act (CRA) casts a shadow over the Biden administration's healthcare legacy, particularly regarding crucial regulations awaiting finalization in the coming months. These regulations encompass issues ranging from minimum staffing levels at nursing homes to discrimination and abortion data protections, as well as a proposed ban on menthol cigarettes. Failure to complete these regulations before the CRA's "look-back" window opens could render them vulnerable to repeal under a potential future scenario where former President Donald Trump wins reelection and is supported by a Republican Congress. The CRA provides a streamlined process for overturning regulations within a specific timeframe, raising concerns among advocates who fear the potential rollback of essential protections for marginalized communities. As federal agencies race against time to finalize these regulations, uncertainty looms over the exact deadline, with estimates varying from May to June or even September. The Biden administration faces the challenge of navigating this uncertainty while striving to safeguard public health and ensure equitable access to care for vulnerable populations