Senate Approves Agriculture/FDA Minibus
This week’s Analysis and Commentary is entitled “Level-Funding in FY 24: A Substantial Risk to FDA Priorities.”
Senate Approves Agriculture/FDA Minibus. The Senate on Wednesday by a vote of 82-15 passed HR 4366, the minibus appropriations bill that includes Agriculture/FDA, along with Transportation/HUD and Military Construction/VA. We previously reported that the measure includes $3.55 billion for FDA, an increase of $20 million over the $3.53 billion provided to the agency in FY 23.
Of that $20 million, the Senate bill provides an additional $7 million to conduct oversight of cosmetics for the first time ever, $3.75 million to strengthen FDA’s food safety programs, $3.75 million to address device shortages and supply chain issues, $3 million to advance neuroscience research, and $2.5 million for ALS research. The Senate bill also provides $12.788 million for Buildings and Facilities.
The Senate rejected by a vote of 23-74 Amendment 1347 proposed by Senator Rand Paul (R-KY), which would have, in part, substituted the House-reported Agriculture/FDA bill for the Senate language. That bill contains large cuts below the FY 23 funding level.
Status of the Continuing Resolution. The House has yet to take action on extending the current Continuing Resolution (CR) beyond November 17, although new Speaker of the House Mike Johnson (R-LA) has said an extension bill is coming. As we reported last week, Speaker Johnson has proposed extending the Continuing Resolution to either January 15 or April 15 to allow time to complete action on individual bills. This week he also raised the possibility of a “laddered CR,” which might create different funding deadlines for each of the twelve appropriation bills.
While there may be 217 Republican votes for a new CR that avoids a shutdown on November 17, we do not yet know if there are 217 Republican votes for a CR of specific durations or formulas (e.g. at FY 23 spending levels vs some percentage cut from that level). Until that is resolved, a shutdown is unlikely but cannot be ruled out.
Potentially further complicating the CR situation is the sharp divide over the emergency supplemental that the Administration would like to have resolved by mid-November given the ongoing wars in Ukraine and the Middle East. In the Senate, there is an apparent (but not certain) agreement to tie monies together for Israel and Ukraine and to have no offsets. The Speaker has already proposed separating the funding for the two countries. By a vote of 226-196 the House on Thursday approved HR 6126, the Israel Security Supplemental Appropriations Act of 2024, which provides $14.3 billion, offset by reductions in funding for the Internal Revenue Service.
House Action on Appropriations. New House Speaker Johnson has committed to moving all 12 appropriations bills individually–no minibus or omnibus bills. He started with three bills this week. One covers the Legislative Branch appropriations. Another covers the appropriations for the Department of Interior and the Environmental Protection Agency. The third bill would cover appropriations for the Department of Transportation and the Department of Housing and Urban Development. Currently, the appropriations bill covering the Department of Agriculture and FDA is slated to come up during the week of November 13th.
The Legislative bill, approved on a 214-197 vote, is 4.7% below the Fiscal Year 2023 level. The proposed Interior/Environment bill is 35% below the Fiscal Year 2023 level. Final House action is expected after press time. The proposed Transportation/HUD bill reduces spending by 25% below Fiscal Year 2023 levels. Final votes on this measure are now expected next week.
As a reminder, the last version of the Agriculture/FDA bill, which failed by a vote of 191-237 on September 28, included an across-the-board reduction of 14.155% on all discretionary budget authority provided by the bill, including the FDA. Only the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) was exempted from this reduction.
House Appropriations Chairwoman Kay Granger Will Not Seek Reelection in 2024. House Appropriations Chairwoman Kay Granger (R-TX) announced on Wednesday that, after 14 terms, she will not seek reelection in 2024. Initial thinking is her replacement will be either Congressman Robert Aderholt (R-AL), who is the most senior member of the full committee who is eligible to become chairman, or Congressman Tom Cole (R-OK), who currently serves as Vice Chair of the committee and Chairman of the Rules Committee.
Upcoming Alliance Webinar with James “Jim” Jones, FDA’s First Deputy Commissioner for Human Foods, on November 13th at 1pm ET - Register here. Jim Jones joined the U.S. Food and Drug Administration in September 2023 as FDA’s first Deputy Commissioner for Human Foods.
Jones leads the charge in setting and advancing priorities for a proposed, unified Human Foods Program (HFP), which includes food safety, chemical safety, and nutrition activities. He will exercise decision-making authority over all HFP entities, including resource allocation, risk-prioritization strategy, policy, major response activities involving human foods, and related Office of Regulatory Affairs activities.
For many stakeholders, this will be the first opportunity to hear him discuss his priorities, plans, and approach to change. Moderating the session will be Alliance board members Alison Bodor (American Frozen Foods Institute) and Thomas Gremillion (Consumer Federation of America).
Alliance Sending 2024 Dues Invoices to Members During the Week of November 13. The Alliance will be sending out 2024 dues invoices in mid-November. This is to accommodate members who want to pay their dues out of 2023 funds. Otherwise, dues payments should be made during the first quarter of 2024.
If you need an invoice sooner than November 13, please contact Marilyn Lawlor. If you have questions about your dues, need supporting documentation (reasons to belong, accomplishments, etc), or want to become a member, contact Steven Grossman.