HELP
Committee Launches Ambitious Health Agenda
The Senate Committee
on Health, Education, Labor, and Pensions (HELP) intends to embark
on an ambitious, short-turnaround
agenda on health-related issues. This will begin next week (February
10) with a Health Subcommittee hearing entitled “Biodefense:
Next Steps,” at which testimony will be taken regarding programs
and activities to expand what already was accomplished (or is being
attempted) under so-called “Bioshield I.” S.
3, legislation introduced by Senator Judd Gregg (R-NH) (Protecting
America in the
War on Terror Act) is expected to be discussed at this hearing. The
bill includes provisions designed to expand the development of countermeasure
products, enhance public health preparedness, provide liability protections
to those who develop new products, and create incentives for private
sector involvement in the development of countermeasures. While S.
3 is not considered to be the “final version” of a Bioshield
II, it is providing a springboard and baseline for action.
The Committee also has indicated that it plans to hold several hearings
in early March on drug safety. Committee chair Mike Enzi (R-WY) has
staked out his jurisdiction in this area and indicated his desire to
work in a bipartisan manner to determine whether and what problems
need to be resolved and whether and what legislation is needed.
Return to top
Energy
and Commerce Plans Hearing on Malpractice
The House Energy and Commerce Health Subcommittee
plans to hold a hearing in the next week on medical malpractice,
including discussion
of specific legislative proposals and a reiteration of concerns that
a malpractice insurance crisis is jeopardizing access to quality health
care. One of the contentious issues in extant medical malpractice legislation
are so-called “FDA defense” provisions that offer some
liability protection to manufacturers of FDA-approved products, provided
the manufacturers have followed FDA requirements and the products meet
FDA standards. The provisions have been characterized by their opponents
as “give aways” to big companies at the sacrifice of the
rights of consumers.
Medical malpractice reform has been one of the
Administration’s
top priorities for several years, and it is likely that action could
occur this year on some legislation to limit non-compensatory damages,
punitive damages, and attorneys’ fees. In addition, many in Congress
support provisions that protect products that follow FDA’s rules.
Return to top
Talk
Continues on House Appropriations Subcommittee Changes
Talk
continues of House Appropriations Chair Jerry Lewis’s
(R-CA) proposed changes to the panel, including the elimination
of the VA-HUD
subcommittee, which has jurisdiction over NASA and the National
Science Foundation (NSF).
Under
Lewis' plan, NASA and NSF would be funded as part of the Energy & Water
spending bill. House Majority Leader Tom DeLay, an early proponent
of eliminating VA-HUD, in part because of his support for increased
NASA funds, explained
publicly his reasoning for the first time Tuesday.
"I think especially VA-HUD is a committee that has shown it creates
a lot of confusion and a lot of competition that is I think unnecessary," DeLay
told reporters. "I know NASA will fare better if it's in Energy
and Water where they are going to consolidate all the science functions,
and that's where that debate needs to be held."
The Senate remains critical of the
proposed changes. Senate Minority Leader and senior appropriator
Harry Reid has said that the reorganization
attempt is an excuse to place some agencies on the back burner.
The House changes are likely to go through, even without agreement
from the Senate.
Return
to top
Analyst
Reports Changes in Loans, Payments Likely in Bush FY06 Budget
One
DC economics firm reports this week President Bush will likely propose
as part of his FY2006 budget “substantial” budget
cuts as well as changes in existing Farm Bill programs, including lowering
crop loan rates and countercyclical payments, all part of a plan to
save $15 billion.
The loan rate/countercyclical
payment plan would be achieved by capping the amount of commodities
qualifying for loan rate protection, extending
the milk income contract program at a lower price and imposing payment
limitations by screwing down eligibility, Informa Economics reported.
While Bush endorsed
the reauthorization of the milk income program during the campaign,
moving it to a lower
level – coupled with
the other payment changes – sets up a confrontation between the
White House and a number of powerful farm state legislators who have
joined most producer groups in calling for a hands-off attitude on
the 2002 Farm Bill until its programs expire in 2007. Sen. Thad Cochran
(R-MS), former chair of the Senate Agriculture Committee and now chair
of the Senate Appropriations Committee, reiterated that stance this
week in a speech to the National Cotton Council.
Return
to top
Senate
Bankruptcy Overhaul to Include Permanent Farmer Protections
Sen. Charles Grassley
(R-IA), chair of the Senate Finance Committee, this week introduced
legislation
to overhaul
the nation’s bankruptcy
laws, including making permanent so-called “Chapter 12” protections
for family farmers. Grassley has shepherded extensions of the Chapter
12 protections during the last couple of congresses.
The bill, which must
be handled by the Senate Judiciary Committee, is similar to bankruptcy
reform legislation which passed the House
last year but was hung up in the Senate over Democrat-sponsored language
on abortion rights. Judiciary panel chair Sen. Arlen Specter (R-PA)
said hearings on the bill may occur as early as February 10, with
a markup set for later this month.
The bill will require
debtors with the wherewithal to pay debts to design and enter a repayment
plan
rather than having
debts automatically
cancelled under Chapter 7 of the federal code. Credit card companies
would be required to inform customers of the risks of making only minimum
payments on credit card debt and would be prohibited from using deceptive
advertising of low initial credit card interest rates. The bill
also provides for heavier penalties for “predatory” collection
practices.
Return
to top
Harkin,
Kerry Drop Small Biz, Farm Emergency Energy Bill, But Energy Legislation
Expected to be on a Slow Track
in the Senate
Sens. Tom Harkin (D-IA)
and John Kerry (D-MA) introduced legislation this week to help farmers
and small
business
cope with “unstable
and spiking” energy costs, but Senate leadership said it won’t
hold any hearings on comprehensive energy legislation before April,
meaning the Harkin/Kerry legislation won’t move any time soon.
The Harkin/Kerry bill, known as the “Small Business & Farm
Energy Emergency Relief Act,” would give farmers and other small
businesses low interest loans from the Small Business Administration
(SBA) and through USDA’s emergency loan program if they can
prove they’ve been harmed by high energy costs.
But while Harkin and Kerry touted
the immediate need for their legislation, it doesn’t appear
the Senate will take up the energy issue in any serious fashion
until after its
spring break, with a stated goal
of wrapping it up before they leave for their August recess.
The House is talking about repassing
its conference report from last Congress. However, while some ranking
Senators
are calling for piece-meal
action on energy items, sources within the Senate Energy & Natural
Resources Committee predict major shifts in policy from last year,
leading to a comprehensive bipartisan package by the summer. Policy
changes may include no liability protection for MTBE producers, and
action to lower natural gas prices by increasing domestic production
and imports of liquefied natural gas.
Return
to top BSE
Update:
Senate
Ag Hearing on Canadian Cattle Trade Hears Calls for Pullback
on USDA Rulemaking
Secretary of Agriculture
Mike Johanns hit the ground running this week as he appeared at his
first
Senate Agriculture Committee
hearing since confirmation, taking heavy criticism for his department’s
rulemaking on reopening the Canadian border to live animal trade.
While acknowledging some parts of the
rule may be reviewed and might be rewritten, Johanns emphasized the
need to
reopen the border to reinvigorate
trade and U.S. industry returns. He also reported two U.S. government
reports on the Canadian BSE situation – a feed ban audit and
an epidemiological report – will be in hand by mid-February and
the end of March, respectively.
Several Senators from both sides of the aisle, but mainly representing
border states with heavy cow-calf cattle operations, said the USDA
rulemaking was inadequate to either protect U.S. producers from Canadian
competition or the U.S. herd from BSE contamination.
One issue upon which
several committee members focused was a portion of the USDA rule
allowing only animals less than 30 months of age to
enter the U.S., while permitting meat from older animals to be sold
here. Sen. Mark Dayton (D-MN) and freshman Sen. Ken Salazar (D-CO)
said this dichotomy allows U.S. meat companies with facilities in Canada
to simply slaughter north of the border and move product into the U.S.,
while idling U.S. facilities and workers.
Sens. Conrad Burns
(R-MT) and Craig Thomas (R-WY) introduced legislation February 2
to prohibit import of cattle over 30 months of age until USDA
formally determines the Canadian industry fully complies with international
standards for BSE control and reports back to both House and Senate
Agriculture Committees. Burns said earlier this week he would take
the opportunity of having President Bush in his state for public sessions
on Social Security reform to lobby the President on keeping the Canadian
border closed. R-CALF, a conservative cattle producers group strongly
opposed to reopening the border, is headquartered in Billings, MT.
Dayton called “ignorant
and offensive” USDA predictions
that its current rulemaking would have only “moderate” impact
on the U.S. meat industry. In January statements, USDA fueled this
concern by estimating there are two million Canadian cattle which could
enter the U.S. during 2005; however, this week the National Cattlemen’s
Beef Assn. (NCBA) said no more than 900,000 Canadian cattle would be
shipped during 2005. This number could move lower if USDA identification
requirements prove too tough for Canadian sellers, and if the U.S.
dollar continues to weaken, NCBA said.
Other Senators said
the rulemaking ignored international standards for meeting so-called “minimal
risk” criteria. Sen. Tom
Harkin (D-IA) questioned Johanns about USDA’s criteria in deciding
Canada met international standards for a minimal risk nation, renewing
his call for a pullback of the rulemaking.
Return
to top
Canada
Sets Up Regs to Allow More U.S. Cattle, Beef Entry
As the Senate Agriculture
Committee debated the wisdom of allowing Canadian animals and beef
into the
U.S., the
Canadian
government January 31
quietly announced new “science-based” import rules allowing
expanded access to Canada for U.S. cattle and beef products.
Citing the same World Organization
for Animal Health standards as the U.S. is using, the Canadian Food
Inspection
Agency (CFIA) said
it will permit the import of live animals born in 1998 or later, beef
from animals of any age from which specified risk materials (SRM) have
been removed, and various other products. “Certain animal feeds” which
pose risks, CFIA said, will remain prohibited. The CFIA list of allowable/prohibited
materials can be found here.
Return
to top
Johanns
Tells Senate Panel Ball's in Japan's Court on Beef Trade
The U.S. has done as
much as it can do, provided as much technical information as is available,
and the next step in reopening beef trade
with Japan is up to the Japanese government, Secretary of Agriculture
Mike Johanns told the Senate Agriculture Committee February 2.
“It’s time
for the Japanese to make the decision. There’s
nothing more we can possibly provide,” Johanns said.
Johanns has met with Japan’s ambassador to the U.S. and asked
for a date certain on trade resumption. He also made it clear that
a change in command at USDA does not mean the Japanese can walk away
from last October’s agreement to resume trade.
Return
to top
Mexico
Says Beef Trade Bans No Longer Needed
Mexico’s ban
on U.S. and Canadian beef and cattle imports are no longer needed
because adequate measures taken to protect the public
and the cattle herd by its North American neighbors are in place, Mexico’s
top animal health official said this week. Javier Trujillo, the head
of animal health at the federal Agriculture Ministry, said once the
U.S. opens its border, there are neither “legal or technical
reasons” for
continuing the ban. He said, however, that it’s Mexican human
health authorities who will make the decision on the import limits.
Return
to top
New
Bills
A number of new bills have been introduced. Click
here to send a request for a copy of the text or more information about
the bill.
S.226
The "Improved
Vaccine Supply Act," introduced by Sens. Mike DeWine (R-OH) and Hillary
Clinton (D-NY) would require any manufacturer of a vaccine to give
a one-year
notice of discontinuance.
In addition, the Secretary of HHS,
acting through the CDC, would be required to develop a plan for the purchase,
storage, and rotation of a supply of vaccines sufficient to provide routinely
recommended vaccinations for a six-month period for children and adults.
S.239
Sen. Olympia Snowe (R-ME) offered a bill entitled the "Medicare
Enhancement for Needed Drugs (MEND) Act" which would authorize
the Secretary of Health and Human Services to negotiate prices for
prescription
drugs on behalf of Medicare beneficiaries. S.256
Sen. Charles Grassley (R-IA) introduced legislation to overhaul
the nation’s bankruptcy laws, including making permanent so-called “Chapter
12” protections for family farmers.
S.269
Sens. Tom Harkin (D-IA) and John Kerry (D-MA) introduced the “Small
Business & Farm Energy Emergency Relief Act” which would give farmers
and
other small businesses low interest loans from the Small Business Administration and
through USDA’s emergency loan program if they can prove they’ve
been harmed by high energy costs.
S.273
A bill introduced by Sen. Norm Coleman (D-MN) would extend the Milk Income
Loss Compensation (MILC) law which is currently set to expire September 30,
2005.
S.294
Sen. Conrad Burns (R-MT) offered a measure that would strengthen
the restrictions on the importation from bovine spongiform encephalopathy
minimal-risk
regions
of meat, meat byproducts, and meat food products from bovines
H.R.503
Rep. John Sweeney (R-NY) offered a measure that would amend the Horse
Protection Act to prohibit the shipping, transporting, moving, delivering,
receiving,
possessing, purchasing, selling, or donation of horses and other
equines to be slaughtered for human consumption.
H.R.521
A bill introduced by Rep. Don Sherwood (R-PA) would impose tariff-rate
quotas on certain casein and milk protein concentrates.
H.R.554
Rep.
Ric Keller (R-FL) offered a measure to prohibit civil lawsuits against
restaurants, supermarkets, and grocery manufactures for claims of
injury relating to a
person's weight gain, obesity, or any health condition associated with weight
gain or obesity.
H.R.563
Rep. Stephen Lynch (D-MA) introduced a bill to provide for negotiation
and disclosure of lowest possible prices for Medicare prescription
drugs. In addition, the bill would provide Medicare
beneficiaries waivers to import prescription
drugs from Canada.
H.R.578
A bill introduced by Rep. Ron Paul (R-TX) would provide seniors a tax credit
equal to 80 percent of their prescription drug costs, as well as permit the
importation and sale of prescription drugs through Internet sites.
H.R.586
Rep. George Radanovich (R-CA) offered a measure to preserve
the use and access of pack and saddle stock animals on public lands, including
wilderness
areas,
national monuments, and other specifically
designated areas where there is a historical tradition of such use.
Return
to top
Inside
Track is produced as a service to clients of Policy Directions,
Inc., a Washington, DC-based government relations/strategic government
communications firm founded in 1995, specializing in customized
advocacy on health care; food; biomedical research; biotechnology,
human drug, and medical device regulation; federal nutrition policy
and programs; and environmental policies and programs. For more
information about PDI, please e-mail info@poldir.com.
All
material © 2004 Policy Directions.
|
