Appropriations

Continuing Resolution (CR)

On February 17, 2022, by a vote of 65-27, the Senate approved H.R. 6617, the CR to fund the government through March 11.  The bill is on the way to the President for signature. The current CR runs out a midnight tonight. Before final passage, the Senate defeated three amendments to the legislation:

• Senator Lee – To prohibit Federal funding to implement/enforce executive actions regarding COVID-19 vaccine mandates — Failed 46-47
• Senator Cruz – To prohibit Federal funding to schools with vaccine mandates — Failed 44-49; and
• Senator Braun – To require balanced budgets – Failed 47-45(60-votes were required for passage).

FY’22

After last week’s agreement on the top line spending for FY’22, the 12 appropriations subcommittees are working out the difference between the House and Senate bills.  All 12 bills will be contained in an omnibus package.  With the current CR expiring on March 11, negotiations are hoping to reach an agreement prior to that date.

Abortion

Democrats are nearing defeat on their effort to eliminate the Hyde amendment, which limits federal funds for abortion, in the FY’23 omnibus package. Democratic leaders vowed to end language restricting funding for abortion and needle exchange aid when they took control of the House, Senate, and White House in 2021. But Senators say they will have to give up on that promise due to the reality of the Democrat’s slim majority in the Senate and the need to garner some Republican votes in order to pass the omnibus package.

Supplemental COVID-19 Funding

Biden administration officials and public health experts have sounded a warning that federal pandemic response funds are running low, leaving the country poorly prepared to deal with the emergence of possible future coronavirus variants and the need for tens of billions of dollars for vaccines, tests, and therapeutics. Lawmakers on both sides of the aisle are hesitant to allocate new funds. Republicans have argued that the worst of the omicron surge has passed, and new spending is unnecessary, while Democrats are concerned that an attempt to pass a standalone pandemic supplemental could interfere with the delicate effort to finalize the FY’22 omnibus package. Senate Appropriations Chair Patrick Leahy cast doubt on the possibility that supplemental funds could be included in the omnibus, saying earlier this week, “I’m not eager to add anything… It has taken several months of negotiations to get where we are, and I’m very reluctant to reopen it for anything else.” Department of Health and Human Service officials told legislators on February 22, that the department needs roughly $30 billion to recoup omicron-related expenditures.

FY’23 Budget

The White House is expected to release the FY’23 budget sometime after the State of the Union Address which will take place on March 1, 2022.

Other Legislation and Happenings Around the Nation

Epidemiologists in Short Supply Across U.S. Cities 

Throughout the pandemic, local public health workers have endured constant criticism and even threats, with many suffering burnout and resigning from their jobs.  A new report released by the Big Cities Health Coalition and the Council of State and Territorial Epidemiologists underscores a severe shortage of local epidemiologists. The pair of nonprofits, which surveyed health departments in 30 cities that account for about a fifth of the U.S. population, found that there were 177 open positions for epidemiologists in 2021, more than twice the 83 openings in 2017. Those vacancies are not just affecting local Covid-19 responses, said Mysheika Roberts, chair of the Big Cities Health Coalition:“ Cities need direct, sustained funding to make our nation prepared for the next pandemic and to fight ongoing health crises like gun violence and the opioid epidemic.”

Dr. Francis Collins

President Biden named Dr. Collins, who retired in December as Director of the National Institutes of Health, to be the President’s top science adviser and co-chair of the Council of Advisors on Science and Technology. The President is also expected to elevate Alondra Nelson, currently the deputy director for science and society in the White House Office of Science and Technology Policy (OSTP) to become the temporary director of the office.  Biden elevated the Director of OSTP to a Cabinet level position.

Dr. Robert Califf

On February 15, the Senate, by a vote of 50-46, confirmed Dr. Robert Califf as Commissioner of the Food and Drug Administration.

COVID-19

• The COVID-19 surge caused by the Omicron variant continues to recede in the US, with the nation reporting a 7-day average of 175,492 new daily cases, with 2,458 daily deaths. New daily cases fell 42% in the past week, deaths fell 6%, and hospitalizations fell 19%.
• On February 23, CDC Director Walensky said her agency was assessing data and “will soon put guidance in place” that encourages prevention measures while protecting public health and hospitals. The CDC recommends indoor masking in areas with substantial or high transmission. That includes 97% of U.S. counties, Walensky said. “We want to give people a break from things like mask wearing when these metrics are better. And then have the ability to reach for them again should things worsen.”  The CDC also updated its guidance for some people with weakened immune systems, recommending they get a booster dose of the coronavirus vaccine three months after completing the initial series of the Pfizer-BioNTech or Moderna shots, rather than the current interval of five months. The guidance also said immunocompromised people who received the one-shot J&J vaccine should get an additional dose. That means two doses, at least 28 days apart, followed by a booster dose of one of the mRNA vaccines.
• Last week, the FDA announced it would delay a meeting on Covid-19 vaccines for children under 5 years old after new data from Pfizer and BioNTech convinced regulators to wait for more information about the effectiveness of a third dose. The delay came after discussions by FDA officials and Pfizer over the vaccine data. The  decision, caught many in the White House and HHS by surprise, touching off a scramble to figure out what had caused the change of plans. Sources stated that the delay wasn’t the result of any safety concerns. Pfizer and BioNTech have been testing a third shot after announcing in December that trial data showed two doses produced an insufficient immune response in toddlers. But FDA asked them last month to begin submitting data to support emergency use authorization for the first two shots in the expected three-dose series as the Omicron variant sickened more children than at any other point in the pandemic.