FAQ about FDA Funding for Fiscal Year 2023—Part 2

Part 1 can be found in last week’s Analysis and Commentary here and provides answers to:

  • What happens to FDA funding if there is Continuing Resolution (CR) starting October 1?

  • Can a CR run for the entire year, limiting the amounts of monies available to federal agencies, including FDA?

  • Why is there an impasse in user fee negotiations?

Q: Assuming no budget agreement before October 1, what is the process and timing for a Continuing Resolution (CR)?

A: October 1 falls on a Saturday. A disproportionate share of the federal work force that works weekends are in job classifications (such as security guards, military) that would be required to work even in the absence of appropriations. If needed, this gives Congress a little leeway because there are few consequences until the early morning of Monday, when the Office of Personnel Management (OPM) has to tell federal workers whether to report to their offices.

 However, this is an election year, and most Members are motivated to go home as soon as possible to campaign. Therefore, absent procedural disruptions (always a possibility in the Senate), the House is likely to pass a Continuing Resolution by September 22 or 23, giving the Senate a week to adopt it. It is not out of the question that the House might pass the CR and then adjourn, forcing the Senate to take the House bill as written. Most years that is not a problem because CR’s tend to be stripped to the minimum provisions needed to keep the government running. However, early passage and House adjournment is a possibility, perhaps containing provisions that the Senate does not want but might accept.

Q: How long will the first CR extend?

A:  A CR is likely to run from October 1 to (probably) December 10. Members will want to push the CR past the election. The rest of November is likely to be taken up by Veterans’ Day, leadership election and party caucuses, and Thanksgiving. December 10 would allow Congress two full weeks after Thanksgiving to decide on next steps.

Q: What happens in the run-up to the end of the first CR, likely to be December 10?

A: Final appropriations action could be completed in December. However, depending on the outcome of the November election, the CR may be extended into the next Congress. If the Democrats retain both the House and Senate, then Republicans will probably be agreeable to finishing appropriations bills in December.

If Republicans pick up one or both of the House and Senate, then there is a high likelihood that they will want a longer CR that allows them to have a greater say in the new Congress. In that case, the CR could be extended to February 15, but more likely February 28 or March 31.

Q: If Republicans want to keep total spending down, why wouldn’t they push for a full-year CR?

A: As described in last week’s Analysis and Commentary (here), the main problem with a year-long CR is that the Department of Defense needs increased funding and more spending flexibility than a CR would permit. So, Republicans will play for the advantage of waiting until the new Congress if they pick up either house, but ultimately they will agree to DOD-friendly appropriations bills.

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FY23 Appropriations Continuing Resolution; User Fee Status Unchanged

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FAQ about FDA Funding for Fiscal Year 2023