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January 3: Who Will Be Sitting When the Music Stops?

A new era begins with a new Congress on January 3, 2023.  For the first time since 2007, Rep. Nancy Pelosi (D-CA) will no longer serve as the leader of House Democrats.  However, it remains unclear who will succeed Pelosi as Speaker, as several Republican House members are refusing to support Rep. Kevin McCarthy (R-CA), the current top Republican in the House.  For most other leadership positions and top committee spots, selections for the 118th Congress are expected to be non-controversial and generally follow lines of seniority. This blog post takes a look at who is expected to assume top leadership and committee roles in the new Congress, and why some selections have yet to be determined.

Rep. Kevin McCarthy (R-CA), the Republican leader of the 116th and 117th Congress, was highly favored to be elected speaker in the new Congress, but the results of the 2022 midterm election changed the calculus.  A person needs a simple majority of all present and voting House members to be elected speaker, which amounts to  218 votes if all 435 representatives are present.  However, House Republicans’ narrow 10-seat majority in the House leaves McCarthy with little wiggle room when it comes to earning the support of his caucus.

To get to 218 votes, McCarthy can’t afford to lose more than four votes from House Republicans, and currently,  five GOP House members are declining to support him.  Most of these five Republicans have different reasons for why they oppose McCarthy – some are critical of his leadership, while others say he lacks a strong policy agenda – which makes the situation tricky for McCarthy to address.  Other Republicans have signaled that they will support McCarthy if he agrees to change certain conference rules, such as allowing a “motion to vacate,” which gives any member the power to bring up a vote at any time to oust a speaker. McCarthy has yet to give in to this demand, although things could change as negotiations with the few remaining GOP holdouts continue.

The vote for the speakership is set for Tuesday, January 3.  If McCarthy fails to reach 218 votes, several scenarios could play out.  First, House Clerk Cheryl Johnson could repeat a vote for the speakership until someone receives a majority, although this hasn’t happened since 1923.  Second, Republicans could adjourn the House to provide more time to negotiate and reach agreement on a candidate for speaker.  Either way, many Republicans anticipate that it could take multiple votes before a final candidate gets to 218.

Uncertainty about who will be elected speaker has had a domino effect throughout the House Republican Conference, resulting in unanswered questions on who will chair several key committees in the House.  While the House Republican Conference Steering Committee met and selected chairs for most committees on December 7, decisions on who will lead several key committees were tabled until January, which includes the Ways and Means Committee.

Of the three Republicans vying for the gavel of the Ways and Means Committee, Rep. Vern Buchanan (R-FL) is touting his business background, Rep. Jason Smith (R-MO) is taking a populist approach while emphasizing his ties to working class voters, and Rep. Adrian Smith (R-NE) is presenting himself as a top policy expert. (Alprazolam)   Whoever is elected chairman will have the opportunity to shape health care policy, due to the committee’s jurisdiction on Medicare.

Jason Smith’s bid to lead the Ways and Means Committee complicates the situation for the Budget Committee, where he currently sits as the committee’s top Republican.  If the Missouri Republican succeeds in the competition to lead Ways and Means, Reps. Jodey Arrington (R-TX), Lloyd Smucker (R-PA), and Buddy Carter (R-GA) are the top candidates to chair the Budget Committee in the next Congress.

The situation is similarly complicated for the House Homeland Security Committee, where several Republicans are seeking the gavel: Reps. Dan Crenshaw (R-TX), Mark Green (R-TN), Clay Higgins (R-LA), Dan Bishop (R-NC), and Scott Perry(R-PA).   The committee is expected to conduct oversight of the Biden administration’s border security policies in the next Congress.

The House Education and Workforce Committee is also currently without a Republican leader in the new Congress.  The House Republican Conference currently bars members from leading a committee for more than three consecutive terms, regardless of which party has the majority.  GOP leadership granted Rep. Virginia Foxx (R-NC), the committee’s current ranking member, a waiver to serve as the committee’s top GOP member for a fourth term in the 118th Congress; however, an unexpected challenge for the gavel from Rep. Tim Walberg (R-MI) means a final decision on who will chair the committee won’t be made until January. Finally, since the speaker selects the chair of the House Administration Committee, it will remain unknow who will lead this committee until House Republicans settle on a speaker.

Democrats in the House and Senate have already finalized most committee and leadership assignments for the 118th Congress, as have Senate Republicans.  However, House Republicans are sure to enter the new year in a state of uncertainty as disagreements over who will be second in presidential line of succession remain unresolved.

House

Speaker: TBD

Majority Leader: Steve Scalise (R-LA)

Minority Leader: Hakeem Jeffries (D-NY)

Minority Whip: Katherine Clark (D-MA)

Committee Chairs and Ranking Members 

Agriculture: G.T. Thompson (R-PA)

Ranking Member David Scott (D-GA)

Appropriations: Kay Granger (R-TX)

Ranking Member Rosa DeLauro (D-CT)

Armed Services: Mike Rogers (R-AL)

Ranking Member Adam Smith (D-WA)

Budget: TBD

Ranking Member Brendan Boyle (D-PA)

Education and Workforce: TBD

Ranking Member Bobby Scott (D-VA)

Energy and Commerce: Cathy McMorris Rodgers (R-WA)

Ranking Member Frank Pallone (D-NJ)

Ethics: Michael Guest (R-MS)

Ranking Member Susan Wild (D-PA)

Financial Services: Patrick McHenry (R-NC)

Ranking Member Maxine Waters (D-CA)

Foreign Affairs: Michael McCaul (R-TX)

Ranking Member Gregory Meeks (D-NY)

Homeland Security: TBD

Ranking Member Bennie Thompson (D-MS)

House Administration: TBD

Ranking Member Suzanne Bonamici (D-OR)

Judiciary: Jim Jordan (R-OH)

Ranking Member Jerrold Nadler (D-NY)

Natural Resources: Bruce Westerman (R-AR)

Ranking Member Raúl Grijalva (D-AZ)

Oversight and Reform: Jim Comer (R-KY)

Ranking Member Jamie Raskin (D-MD)

Rules: Tom Cole (R-OK)

Ranking Member Jim McGovern (D-MA)

Science, Space, and Technology: Frank Lucas (R-OK)

Ranking Member Zoe Lofgren (D-CA) 

Small Business: Blaine Luetkemeyer (R-MO)

Ranking Member Nydia Velázquez (D-NY)

Transportation and Infrastructure: Sam Graves (R-MO)

Ranking Member Rick Larsen (D-WA)

Veterans’ Affairs: Mike Bost (R-IL)

Ranking Member Mark Takano (D-CA)

Ways and Means: TBD

Ranking Member Richard Neal (D-MA)

Intelligence: Mike Turner (R-OK)

Ranking Member Adam Schiff (D-CA)

Senate

Top Leadership 

Majority Leader: Chuck Schumer (D-NY)

Majority Whip: Dick Durbin (D-IL)

Minority Leader: Mitch McConnell (R-KY)

Minority Whip: John Thune (R-SD)

Committee Chairs and Ranking Members

Aging: Bob Casey (D-PA)

Ranking Member Mike Braun (R-IN)

Agriculture: Debbie Stabenow (D-MI)

Ranking Member John Boozman (R-AR)

Appropriations: Patty Murray (D-WA)

Ranking Member Susan Collins (R-ME)

Armed Services: Jack Reed (D-RO)

Ranking Member Roger Wicker (R-MS)

Banking, Housing, and Urban Affairs: Sherrod Brown (D-OH)

Ranking Member Tim Scott (R-SC)

Budget: Sheldon Whitehouse (D-RI)

Ranking Member Lindsey Graham (R-SC)

Commerce: Maria Cantwell (D-WA)

Ranking Member Ted Cruz (R-TX)

Energy and Natural Resources: Joe Manchin (D-WV)

Ranking Member John Barrasso (R-WY)

Environment and Public Works:  Tom Carper (D-DE)

Ranking Member Shelley Moore Capito (R-WV)

Ethics: Chris Coons (D-DE)

Ranking Member James Lankford (R-OK)

Finance: Ron Wyden (D-OR)

Ranking Member Mike Crapo (R-ID)

Foreign Relations: Bob Menendez (D-NJ)

Ranking Member James Risch (R-ID)

HELP: Bernie Sanders (I-VT)

Ranking Member Bill Cassidy (R-LA)

Homeland Security: Gary Peters (D-MI)

Ranking Member Rand Paul (R-KY) 

Indian Affairs: Brian Schatz (D-HI)

Ranking Member Lisa Murkowski (R-AK)

Intelligence: Mark Warner (D-VA)

Ranking Member Marco Rubio (R-FL)

Judiciary: Dick Durbin (D-IL)

Ranking Member Chuck Grassley (R-IA)

Rules and Administration: Amy Klobuchar (D-MN)

Ranking Member Deb Fischer (R-NE)

Small Business: Ben Cardin (D-MD)

Ranking Member Joni Ernst (R-IA)

Veterans’ Affairs: Jon Tester (D-MT)

Ranking Member Jerry Moran (R-KS)

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What Happened, What You Missed: December 19-23

Senate Advances $1.7 Trillion Omnibus Spending Bill

The Senate passed a massive Fiscal Year (FY) 2023 spending package on Thursday by a 68-29 vote.  The legislation to fund the government through September 30, 2024, includes supplemental aid for natural disaster victims and the the war in Ukraine, as well as a bevy of policies related to electoral reform and how states can spend COVID-19 relief dollars.  Key health care items included in the bill are an extension of Medicare telehealth waivers through 2024, new requirements to improve clinical trial diversity, and a reduction in Medicare payment cuts that doctors are facing over the next two years.

New Report Criticizes FDA’s Tobacco Oversight Operations

The Center for Tobacco Products (CTP) of the Food and Drug Administration (FDA) operates in a “reactive state” and lacks clarity in its policies and processes, according to a new report from the Reagan-Udall Foundation.  While the report found that the CTP performs well when it comes to public health messaging and communication, the agency’s inconsistency of enforcing actions and lack of standard operating procedure has contributed to millions of tobacco products being sold without authorization.  Among the recommendations the report suggested are the creation of a detailed strategic agenda, the creation of an Office of Policy, and the establishment of an interagency task force to prioritize enforcement of tobacco laws.

CDC: COVID-19 Caused US Life Expectancy to Drop

A baby born in 2021 can expect to live two fewer years than a baby born in 2019, according to new data from the Centers for Disease Control and Prevention (CDC) on US life expectancy. The CDC attributed the drop to the COVID-19 pandemic, which exacerbated an existing substance abuse crisis by driving more vulnerable individuals to drug and alcohol misuse.  The new life expectancy of 76.4 years represents the lowest since 1996, having undone a quarter century of progress. (dunkinbahamas.com)   The CDC also released a report this week on drug overdose deaths which found that overdose deaths for all drugs have increased, except heroin.

KFF: Public Support for Childhood Vaccine Requirements Wanes

Public support for childhood vaccine requirements has declined since the start of the COVID-19 pandemic, according to a new survey from the Kaiser Family Foundation (KFF).  The survey found that 71% of adults say children should be required to get vaccinated for measles, mumps, and rubella (MMR) to attend school, which is down from 82% of adults in an October 2019 Pew Research Center poll.   Additionally, 28% said parents should be able to decide not to vaccinate their children, up from 16% in 2019.  The survey also found that about one-third of adults were concerned they will get seriously sick from COVID-19, although older adults and members of racial and ethnic minority groups voiced greater concern about becoming seriously ill.

ICYMI: Modernization Committee Releases Its Final Report

After four years of information gathering, the House Select Committee on the Modernization of Congress issued its final report that details what’s wrong with Congress and how to fix it.  Across 16 chapters, the report details more than 200 recommendations that aim to professionalize internships and fellowships, improve the retention of congressional staff, and modernize the legislative process.  The report also recommends that the committee continue its important work through the establishment of a new Subcommittee on Modernization within the House Administration Committee.

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What Happened, What You Missed: December 12-16

White House Revives Free COVID-19 Test Program

The White House restarted a program to provide free COVID-19 tests to Americans via the US Postal Service, ahead of a possible winter surge as new cases and hospitalizations tick up.  The Biden administration initially began supplying COVID-19 tests by mail in January to address the Omicron surge, but the program was suspended in September due to a lack of funding.  The move is part of a broader COVID-⁠19 Winter Preparedness Plan that includes offering resources and assistance to states to get more Americans vaccinated and boosted, releasing a “winter playbook” for nursing homes and long-term care facilities, and monitoring for new variants.  Households can now order four tests at covidtests.gov, with shipments beginning next week.

NBPP Proposes to Address Generic Drug Prices, Offer New Special Enrollment Period (SEP)

The Department of Health and Human Services (HHS) proposed a number of new policies in its proposed 2024 Notice of Benefit and Payment Parameters (NBPP) rule, including one to require Affordable Care Act (ACA) marketplace plans to cover all generic drugs on a new, dedicated generic drug tier with lower cost-sharing.  According to HHS, the new policy would help prevent discriminatory benefit designs, improve access for prescription drugs, and reduce the risk of confusion for ACA plan enrollees.  Additionally, HHS proposed allowing ACA marketplaces to create a new special enrollment period (SEP) for people who lose Medicaid/CHIP benefits.  The proposed policy is likely a preemptive move to address coverage losses from Medicaid redeterminations once the COVID-19 public health emergency (PHE) comes to an end.  Stakeholders have until January 28 to comment on the proposed NBPP rule.

Initial Data on Moderna’s Cancer Vaccine Show Promise

Moderna’s mRNA cancer vaccine has resulted in a “clinically meaningful reduction” in the risk of death when used alongside an immunotherapy, according to early-stage clinical trial data released by the company on Tuesday.  Moderna stated in a press release the results amount to a “paradigm shift” in treating cancer by offering a new therapeutic that has significantly fewer side effects than existing treatments like chemotherapy and radiation therapy.  If approved, however, the cost of mRNA vaccines would be a major obstacle, as each treatment would be personalized to each patient.

SAMHSA Proposes Buprenorphine Prescriptions via Telehealth

In a notice of proposed rulemaking (NPRM) issued on Tuesday, the Substance Abuse and Mental Health Services Administration (SAMHSA) proposed nixing the in-person requirement to receive a buprenorphine prescription to treat opioid use disorder and allow the treatment to be prescribed via telehealth.  The change is likely intended to address a spike in opioid overdose deaths that began with the COVID-19 pandemic.  Since the start of the COVID-19 PHE, people suffering from opioid abuse have been able to get prescriptions for buprenorphine over audio-only or video telehealth via a temporary waiver.  According to a recent HHS study, people who took advantage of receiving a prescription over telehealth to treat opioid abuse experienced overall positive outcomes.

ICYMI: Pelosi’s Portrait Unveiled at US Capitol

An official portrait of Speaker Nancy Pelosi (D-CA) was unveiled in Statuary Hall of the US Capitol on Wednesday.  The portrait depicts the day she was first elected speaker on January 4, 2007.  Senate Majority Leader Chuck Schumer (D-NY) and former House Speaker John Boehner (R-OH) spoke at the unveiling ceremony, and former President Barack Obama delivered remarks via video.  The ceremony also included brief remarks in memory to the artist responsible for Pelosi’s and Boehner’s portraits, Ronald Scherr, who died last week at age 70.

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What Happened, What You Missed: December 5-9

Report Calls for FDA to Break Up

The Food and Drug Administration (FDA) should be split up to address problems plaguing the agency’s food oversight arm, according to a new report by the Reagan-Udall Foundation.  The agency asked the Reagan-Udall Foundation to analyze its operations in the wake of the infant formula crisis earlier this year.  According to the report, flaws in the FDA’s leadership structure and poor communication among agency officials has resulted in the agency’s food safety operations being consistently underfunded, understaffed, and underprioritized.  The report also suggested a less drastic measure that would create a deputy commissioner position with authority for overseeing food.  Any move to split up the agency would require approval from Congress.

FDA Authorizes COVID-19 Boosters for Kids under 6

On December 8, the FDA approved bivalent COVID-19 booster shots from Pfizer and Moderna for children six months to six years of age.  The announcement comes as children’s hospitals across the country are at capacity for kids suffering from a range of respiratory illnesses, including COVID-19, respiratory syncytial virus (RSV), and the flu.  However, the rules on who can get a shot when differ depending on whether the initial vaccine regimen came from Pfizer or Moderna.  Children under age six who have completed Moderna’s two-dose regimen can get their bivalent booster if it’s been at least two months since their last shot, while children under six who received the first two doses of Pfizer’s three-dose regimen can use the new bivalent booster for their third shot.  However, children who received all three initial vaccine doses from Pfizer aren’t yet eligible for a booster shot.

ICER: Biggest Drug Price Increases Not Substantiated

According to a report by the Institute for Clinical and Economic Review (ICER), price increases among seven of the ten drugs in 2021, which saw the largest increases from the year prior, were not supported by clinical evidence.  Out of the $805 million increase in drug spending from 2020-2021, Bausch Health’s Xifaxan, an antibiotic drug for traveler’s diarrhea, saw the biggest increase of nearly $175 million in spending, while Johnson & Johnson’s schizophrenia drug Invega Sustenna and Amgen’s osteoporosis drug Prolia were second and third with respective spending increases of $170 million and $124 million.  According to ICER, the report is intended to inform policymakers and lawmakers on policies they can pursue to address high drug prices.  However, the report acknowledged that the impact of the Inflation Reduction Act’s Medicare drug price negotiation on commercial payers remains uncertain.

ACA Marketplace Enrollment Reaches 5 Million

Nearly 5.5 million individuals from November 1 to December 3 selected a 2023 health plan through the federally facilitated and state-based marketplaces, according to the Centers for Medicare and Medicaid Services (CMS).  Roughly 80% of enrollees renewed their health care coverage, while the rest were new enrollees.  33 states currently use the federal marketplace for the 2023 open enrollment period, which runs through January 15, 2023.  CMS also reported that state-based exchanges will automatically renew coverage for about 2.9 million residents nationwide.

Top Ways and Means Republicans Make Their Case for Chairmanship

With current Ways and Means Committee Ranking Member Kevin Brady (R-TX) set to retire soon with the end of the 117th Congress, three senior Republicans on the committee are making the case to succeed Brady and chair the committee in the next Congress.  As the Republican Steering Committee prepares to vote on who will get the chairman’s gavel in January, Rep. Vern Buchanan (R-FL) is touting his business background, Rep. Jason Smith (R-MO) is taking a populist approach while emphasizing his ties to working class voters, and Rep. Adrian Smith (R-NE) is presenting himself as a top policy expert.  Whoever is elected chairman will have the opportunity to shape health care policy, due to the committee’s jurisdiction on Medicare.

ICYMI: Representatives Vie for New House Offices

73 incoming House members were assigned their designated workspaces on Capitol Hill as a part of a biennial office lottery that took place late last week in the Cannon House Office Building.   While past lotteries followed the alphabetical order of members’ names, this year’s lottery was completely randomized.  The Rayburn House Office Building is usually seen as the most desirable office location, since the building is connected to the Capitol by the subway.

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What Happened, What You Missed: November 28-December 2

New Drug Shows Potential to Slow Alzheimer’s Disease

The experimental drug lecanemab has the potential to slow the progression of Alzheimer’s disease, according to late-stage clinical trial data from drugmakers Biogen and Eisai.  While Phase 2 trial data released in the summer did not show a large difference between lecanemab and a placebo in Alzheimer’s disease patients over 12 months, newly released Phase 3 trial data found that the drug was associated with less cognitive decline after 18 months of use.  However, instances of patients experiencing brain swelling and brain bleeding have raised concerns over the drug’s safety.  The news follows controversy over the decision by the Food and Drug Administration (FDA) last year to approve another Alzheimer’s drug from Biogen, in spite of clinical trial data that showed the drug’s efficacy to be limited.

Senate Panel Discusses Prior Authorization, Kids’ Mental Health

Senators from both parties touted legislation to expand mental health integration into pediatric care in a Wednesday hearing from the Senate HELP Subcommittee on Children and Families that focused on how the pandemic has exacerbated mental health challenges facing adolescents.  Other bipartisan legislation discussed in the hearing would streamline transitions from high school to college for students with disabilities and increase Medicaid reimbursement for children’s mental health services.  Prior authorization reform was also a topic of discussion during the hearing, as several witnesses pointed out that long wait times and high administrative costs are preventing many teens from accessing mental health care services in a timely manner.

HHS Proposes Changes to Privacy Records for Substance Use Disorder Patients

Currently, a substance use disorder patient must provide consent every single time a health care provider needs to share the patient’s records.  However, a newly proposed rule from the Department of Health and Human Services (HHS) would allow providers to share a patient’s records multiple times after receiving a patient’s consent only once.  According to a press release, the new privacy rules would ensure individuals are not denied “life-saving care” due to concerns about records disclosure.  The rule would also increase coordination among providers of treatment for substance use, expand HHS enforcement authority under 42 CFR part 2, and update breach notification requirements to HHS.  Stakeholders have until January 31, 2023, to comment on the proposed rule.

CDC: Deaths Linked to Substance Abuse Climb among Seniors

Deaths associated with drug and alcohol abuse are steadily rising, according to new data from the Centers for Disease Control and Prevention (CDC).  According to the data, death rates from drug overdoses among people 65 and over have more than tripled since 2000, while alcohol-related deaths among seniors have jumped more than 20% from 2019 to 2020.  The CDC also noted that alcohol-related death rates are higher overall among men over the age of 65, with older men seeing death four times higher than women when considering seniors 75 and older.   The report additional found growing use of fentanyl and synthetic opioids among seniors.

CDC to Start Wastewater Testing for Polio

The CDC announced on Wednesday plans to begin wastewater surveillance for polio in select communities with low vaccination rates.  The CDC will use data from the surveillance program to assist with vaccination programs if necessary.  Communities in Michigan, New York, and Pennsylvania will be the first to adopt the wastewater testing programs, which will last for at least four months.  The CDC first hinted that it may begin wastewater testing program for polio in the summer when a single case of paralytic polio was found in Rockland County, New York.  The risk of polio to the public remains low because more than 92% of Americans were vaccinated during childhood.

ICYMI: White House Celebrates 100th Lighting of National Christmas Tree 

President Joe Biden celebrated the 100th lighting of the National Christmas Tree on Wednesday in a ceremony that included performances from Shania Twain and Gloria Estefan.  During the ceremony to light the 27-foot white fir, President Biden emphasized the importance of national unity and called on Americans to reflect on their blessings. The lighting of the National Christmas Tree began as a tradition a century ago under President Calvin Coolidge.

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