The 2nd Session of the 117th Congress was launched in January 2022, but a picture of what will unfold in coming months continues to be somewhat opaque. For example, the likelihood of passing a multi-trillion dollar “Build Back Better” tax and spending reconciliation package (H.R. 5376) previously has been discussed in this newsletter. An important piece of legislation, its aims involve expanding Medicare to include hearing, two free years of community college, universal pre-kindergarten, and creation of a program encouraging utilities to reduce carbon emissions. Opponents contend that not only are some components of the bill wasteful, but also have the potential through proposed tax increases to inflict substantial harm on the overall economy. As with other large proposed spending measures, debates focus on how to finance the various provisions, especially if increased taxation is required.
The ongoing presence of the coronavirus pandemic keeps alive concerns that perhaps additional federal efforts are needed to ensure that enough is being accomplished in the related areas of vaccine distribution and development of effective therapeutics. Specifically, Congress may need to decide that more funding is necessary to address these aspects of health protection for the U.S. population. One possibility might be to produce an emergency supplemental spending package aimed at furnishing more resources to increase hospital and testing capacity.
More generally, February 18 has been designated as a deadline to continue federal government funding for the rest of the current fiscal year that draws to a close on September 30. As in previous years, it is proving difficult to agree on what the total amount of spending should be. Legislators do not appear to be close to reaching an agreement on either total spending or whether to rely on either another stopgap spending bill or an omnibus package.
Unlike 2021, the 2nd Session of the 117th Congress will not last as long as the 1st Session because of the upcoming midterm elections. Viewed from the perspective of bills that involve the topic of health, in 2021 there were 795 bills introduced in the House and 464 in the Senate. Often, many bills are companion pieces and have the same contents offered for consideration by legislators in each chamber. Despite these relatively large numbers, each year a much smaller group ever makes it to the enactment stage. In 2021, the following measures attained that status: P.L. 117-71, Protecting Medicare and American Farmers from Sequester Cuts Act; P.L. 117-11, FASTER Act of 2021; P.L. 117-9, A Bill to Amend the Federal Food, Drug, and Cosmetic Act with Respect to the Scope of New Chemical Exclusivity; and P.L. 117-8, Advancing Education on Biosimilars Act of 2021.
As the year progresses, it is likely that more individuals will announce that they will not seek reelection in the midterm races that will be decided next November. Some legislators plan to run for a different kind of office, but most are retiring for other reasons. If Republicans eventually assume control in both chambers, the change could have a negative impact on the ability of President Biden to achieve his policy agenda.