House Unlikely to Move Legislation Until New Speaker Selected

This week’s Analysis and Commentary is entitled “Lots to Learn from a Near-Shutdown Experience” and explores FDA’s situation now that a shutdown has been deferred until at least November 17. 

House Unlikely to Move Legislation Until New Speaker Selected. With Speaker McCarthy’s ouster from his leadership position, Congressman Patrick McHenry (R-NC) has been named Speaker Pro Tempore as provided by Rule I clause 8(b)(3) of the House of Representatives. In theory, he will exercise all of the powers of the Speaker and the House could continue to work on funding bills and other legislation. In practice, he is likely to work in only a limited capacity unless it takes a lengthy time to choose a new Speaker. 

If a new Speaker is chosen next week (the week starting October 9), then Representative McHenry will be just a caretaker for the selection of a new Speaker. However, should the Speaker battle continue for an indefinite period of time, the expectation is that the Republican caucus will permit him to lead on a wider range of issues. (The scope of power and expectations are briefed at length here.) 

Implications for Further House Appropriations Action. Two appropriation bills - the Energy and Water Development and Related Agencies Appropriations Act and the Legislative Branch Appropriations Act - were scheduled for House floor action this week but did not move as a result of the removal of the Speaker. When and how these bills will be considered is likely to be determined by whomever is next elected Speaker. 

There is strong sentiment in the Republican caucus to move all 12 appropriations bills individually. That is a massive challenge and one that might not be completed for weeks. With the CR expiring on November 17, this poses a serious and significant risk that we will once again face a shutdown threat.

House Faces Continued Difficulties Moving Ag/FDA Funding Bill. After passing out of committee in June, the Ag/FDA funding bill has been readied for floor action three times before actually being considered. The House took up the bill on September 27, and rejected it on September 28 by a vote of 191-237, due in part to opposition to limiting access to the abortion drug mifepristone. 

The House bill–as reported from the Committee–provided FDA with $3.504 billion for budget authority (BA) funding. The rule setting the terms for consideration of the Ag/FDA bill included an immediately enacted Harris amendment that reduced the Food for Peace Program to $532.1 million and made an across-the-board reduction of 14.15 percent on each amount of discretionary budget authority provided by the bill, including the FDA. Only the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) was excepted from this across-the-board reduction. No other amendments materially impacting FDA funding levels were adopted before the bill failed to pass the House. 

Next steps are unclear. Ag/FDA funding was originally scheduled as one of the first three appropriations bills to go to the House floor. It can no longer be considered one of the easier bills for the House to move and may not see floor action until late in the series of 12 funding bills.

Senate Appropriations to Resume Consideration of Ag/FDA Minibus Week of October 16. Senator Roger Marshall (R-KS) has released his hold on the minibus appropriations bill that includes Agriculture/FDA. However, the Senate took no action this week, in part because of the funeral for Senator Diane Feinstein (D-CA). Senate Majority Leader Chuck Schumer (D-NY) has now announced that the Senate will resume consideration of the three-bill spending package that includes Ag/FDA when the Senate returns from recess the week of October 16.