Biden’s legislative agenda on the brink

From: POLITICO Pulse - Thursday Sep 30,2021 02:03 pm
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Quick Fix

— Top Democrats are trying to wrangle the votes they need to pass their infrastructure package and preserve President Joe Biden's legislative agenda.

— House Democratic leaders are watering down their drug pricing overhaul in the face of stiff opposition from the party's centrists.

— Biden's Covid-19 team is divided over how booster shots should factor into the next phase of the pandemic response.

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Right now, Medicare Part D includes a provision that protects access to medicines. But some politicians want to take that away. That would mean that no matter what your doctor prescribes - you could be stuck with whatever medicines the government says you can have. Learn more.

 
Driving the Day

BIDEN’S AGENDA HANGS IN THE BALANCETop Democrats have spent months shepherding Joe Biden’s top priorities along a delicate two-track process, dodging obstacles and managing the party’s ideological push and pull. But today is the day it could all go off the rails.

Speaker Nancy Pelosi is up against a self-imposed deadline for voting on an infrastructure package that represents weeks of intense bipartisan negotiations and the core of Biden’s first-year agenda. Yet, despite Democrats’ investment in the bill, there couldn’t be a worse time for it to hit the floor.

The chamber’s liberal wing is raging over the Democratic centrists’ opposition to the separate social spending package that Pelosi promised would be passed in tandem with infrastructure. The centrists, led by Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.), have responded by digging in further.

And amid the impasse, it’s looking ever more doubtful that Pelosi has the votes to get the infrastructure package through the House.

“Nancy is the best vote counter I’ve ever seen … and she won’t have the votes,” Rep. Juan Vargas (D-Calif.) said on Wednesday.

That could still change — and fast. Pelosi’s prowess as a legislative arm-twister precedes her, and Biden himself has grown increasingly involved in the negotiations, POLITICO’s Nicholas Wu, Sarah Ferris and Heather Caygle report.

But heading into this morning, there was little apparent daylight. Manchin has already rebuffed pleas for more cooperation, saying “it’s not possible” to strike a deal on the social spending bill in time for the infrastructure vote.

That’s emboldened progressives, who say they have the votes to tank the bill if it comes to the floor. It’s also heightened tensions between Pelosi and Senate Majority Leader Chuck Schumer, who have both strained to keep their conferences together on the bills that will determine the success of Biden’s pivotal first year.

“The plan is to bring the bill to the floor,” Pelosi said after a Wednesday afternoon White House meeting with Schumer and Biden. Still, she cautioned, that plan could evolve “hour by hour.”

 

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TOP DEMS PARE BACK DRUG PRICE OVERHAUL — As Democratic leaders race to save Biden’s infrastructure ambitions, they’re also preparing to slim down a core element of his health agenda, POLITICO’s Alice Miranda Ollstein and Megan R. Wilson report.

House leaders plan to shrink a drug price negotiation provision at the center of Democrats’ social spending bill — weighing changes like excluding private insurers from accessing rates negotiated by Medicare and reducing the number of drugs that can be haggled over in the first place.

The moves represent a capitulation to the party’s centrist wing, and an abrupt about-face from just days ago, when top Democrats insisted they would force a vote on the full drug price overhaul. It’s also a win for big pharma, which has spent more than $171 million lobbying against the proposal and even more on ads and campaign contributions.

Yet leadership's appeasement of centrist holdouts risks further angering progressives. The House’s liberal wing has long promised voters a more aggressive version of the bill and is already incensed over the intraparty opposition to the broader package’s price tag.

Watering down the drug price provision would also have immediate practical consequences by slashing the amount of savings that could be used to offset other pricey priorities, such as expanding Medicare, Medicaid, Obamacare and home-based care.

“It is alarming that a very modest bill could become even weaker,” said Rep. Lloyd Doggett (D-Tex.), the House Ways and Means health subcommittee chair. “I’m aware of how tight our vote is, but I don’t believe any of the changes they’re proposing to H.R.3 do anything other than make it approach meaninglessness.”

BOOSTER STRATEGY DIVIDES BIDEN’s COVID TEAM — Top Biden health advisers are at odds over the next stage of the administration’s booster shot strategy, setting up a clash that could alter the course of the broader pandemic response, POLITICO’s Erin Banco reports.

The debate centers on whether the U.S. should eventually offer boosters to all adults in hopes of staving off mild breakthrough infections — or whether the additional doses should be reserved for those at risk of severe illness.

On one side are CDC and FDA scientists, who believe Covid-19 will continue to circulate well after the pandemic ends. There’s little definitive data that boosters would eliminate cases in vaccinated people, and only a small percentage of those who suffer breakthroughs end up hospitalized.

But on the other side are advisers like Anthony Fauci, who has argued against ruling out giving boosters to the broader population. He’s been vocal about his support for widespread distribution, leaning on studies from Israel that show the original vaccines’ efficacy against mild and moderate illness is decreasing. Based on those outcomes, Fauci has contended that boosters should be used to preemptively guard against new vulnerabilities among vaccinated Americans.

The dispute is playing out as officials prep for winter when more frequent indoor gatherings could seed a virus resurgence. Besides weighing boosters, the administration has also discussed additional strategies to head off a spike — such as revising mask-wearing guidelines and boosting access to testing.

There’s also another factor: The global pandemic fight, which Biden just recently recommitted to leading. The White House has already faced sharp criticism inside and outside the U.S. over its decision to offer third shots when much of the rest of the world’s population has yet to get access to its first.

Further opening up that distribution would only invite more questions about how the nation plans to use its so-called arsenal of vaccines.

 

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On the Hill

SHUTDOWN AVERTED, FOR NOW — The federal government will remain open under a stopgap funding bill on track to pass today, eliminating one potential catastrophe from the Geostorm-style situation facing Congress this week.

The continuing resolution would keep the government funded through Dec. 3, and faces a clear path in the Senate after fiscal hawk Rand Paul (R-Ky.) said he wouldn’t stand in its way. Negotiators on Wednesday were hammering out final provisions, which include emergency money meant to help Afghan refugees settle in the U.S., POLITICO’s Caitlin Emma and Jennifer Scholtes report.

But the bill fails to address the debt ceiling, which must be raised within weeks to avoid economic disaster. Democrats ditched an original plan to suspend the cap on borrowing in the face of staunch opposition from Republicans who have vowed not to help lift the debt ceiling at all.

That omission means that, even after avoiding a shutdown, Democrats still need to figure out how to convince 10 GOP senators to join them in sidestepping a debt default the Treasury Department has already warned would endanger the global economy. Democratic leaders have so far ruled out dealing with the debt ceiling through reconciliation, calling the one-party path too risky.

HOUSE DEMS TO SHARE ABORTION STORIES IN HEARING ON TEXAS BAN — A handful of House Democrats will testify today about their own decisions to have an abortion, as part of an Oversight Committee hearing on Texas’ near-total ban on the procedure, Alice writes.

Rep. Cori Bush (D-Mo.) announced Wednesday she would share publicly for the first time her experience terminating a pregnancy after being raped as a teenager. Reps. Pramila Jayapal (D-Wash.) and Barbara Lee (D-Calif.) will also testify.

The hearing comes as the Supreme Court weighs a full review of the Texas law, and with Democrats trying to build support for a bill that would prohibit states from imposing similar bans.

 

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Vaping

BIG TOBACCO SURRENDERS IN CALIFORNIA — The tobacco industry is staying out of a fight over California’s new vaping tax in a fresh sign of the sector’s waning influence as it confronts a series of existential threats, POLITICO’s Victoria Colliver reports.

The state’s proposal to hike taxes on vaping products by 12.5 percent flew through the California Legislature with little outside opposition, and is now poised to take effect next July. The move comes as roughly 20 states have passed vaping taxes in recent years, and with more than 100 local California jurisdictions already banning the sale of certain flavored tobacco products.

The crackdowns are denting the tobacco industry, which is instead focusing its firepower on building support for a November ballot initiative overturning the state’s ban on most flavored products. A tobacco-funded campaign backing the initiative has spent $21 million on the effort.

Still, tobacco companies face an uphill battle; the voters they’re trying to convince this time around are the same who voted overwhelmingly in 2016 to tax e-cigarettes for the first time and add a $2-per-pack hike on cigarettes.

 

A message from PhRMA:

Right now, Medicare Part D includes a provision that protects access to medicines for seniors and people with disabilities.

But some politicians want to take that away.

That would mean that no matter what your doctor prescribes - you could be stuck with whatever medicines the government says you can have.

Ask Congress if your medicine will be at risk in Medicare.

 
What We're Reading

Global health advocates protested the pace of America’s vaccine aid to foreign countries by setting up a 12-foot pile of fake bones in front of White House Chief of Staff Ron Klain’s house, The Washington Post’s Dan Diamond reports.

The West’s worsening wildfire season means people all across the country — including as far east as Washington, D.C. — are inhaling smoke far more frequently than just a few years ago, according to an analysis from California’s CapRadio.

The first safe drug consumption site has opened in Canada’s Yukon after the territory recorded the country’s highest overdose death rate during the first three months of 2021, Vice’s Lori Fox reports.

 

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