HomeAbout UsServicesClient AchievementsNewsStaffContact Us

July 1, 2005

Back to News

In this Issue


Senate Committee Completes Ag Approps Bill


EPA’s Proposed Human Pesticide Testing Analysis Released


CMS Announces CAP for Medicare Part B Drugs


Obesity Bills Introduced in Senate


Waxman, Markey Re-Introduce Clinical Trials Bill


USDA Confirms First U.S.-Born Case of BSE Found in Waco, TX


Detailed Traceback System Discussed


Senate Passes CAFTA After Sugar Deal Fails


Senate Passes Energy Bill, Conference Battles Loom


COOL Moving To Top of List for Ag Legislators


New Bills

 

Senate Committee Completes Ag Approps Bill

On June 27, the Senate Appropriations Committee approved H.R.2744, making appropriations for FY2006 for Agriculture, Rural Development, Food & Drug Administration (FDA) and Related Agencies. The legislation emerged from Committee with no controversy, but is not expected to be hassle-free when considered by the full Senate.

For FDA, the committee recommends a total of $1,866,772,000 (almost $4 million more than the House-passed total), with $305 million to be raised from prescription drug user fees (PDUFA), $11.3 million from animal drug fees, and $40.3 million from medical device fees.

Issues raised in the committee report include:

“Follow-on Biologics” – FDA is asked to report 90 days post-enactment on the “status of its activities” related to developing “an approval and post-approval monitoring system” for follow-ons.

Drug Safety – FDA is commended for its Critical Path work. The Report also mentions the work of the C-Path Institute at University of Arizona, headed by Dr. Ray Woosley, formerly with Georgetown University and “father” of the concept of the AHRQ-funded Centers for Education & Research on Therapeutics (CERTS). The bill provides $750,000 to fund collaborative work between C-Path and the University of Utah on cardiovascular biomarkers to predict safety and clinical outcome.

In providing $5 million for drug safety, the Committee expressed concern about FDA’s efforts to enhance the CDER Office of Drug Safety and requests a report on this in 90 days. Particular mention is made of efforts related to orphan products.

Drug Counterfeiting/Track & Trace – The committee directed FDA to report in 90 days regarding its experience and findings in working with manufacturers on their use of authentication technologies and encourages the agency to issue draft guidance for use of such technologies.

Authorized Generics – The committee expressed concern that increasing numbers of “authorized generics” could adversely affect market entry for generic products and urges FDA to ensure incentives for generics are preserved.

Prescription Drug Compounding – $750,000 is provided for a pilot program with FDA and United States Pharmacopeia (USP) to speed up developing monographs for compounded medications, in consultation with compounding pharmacists.

Monographs for Unapproved Drugs – The committee asks for an FDA report in 90 days, regarding how the agency will regulate, in a “uniform and transparent” way, drugs on the market for a long time but have not been FDA-approved. Last year, FDA was asked to provide a report on the feasibility of a monograph system for these products; the report states FDA had said such a system “would be scientifically infeasible and cost prohibitive.”

Orphan Diseases – The committee urges FDA to work with its advisory committee members to assist with clinical trial design for orphan products, and to allow those experts who participated in clinical trial design also to participate in product review. In addition, the report expresses support for the Independent Consultants for Biotechnology Clinical Protocols, about which FDA issued a guidance document in May 2003. BIO strongly supported this new program in PDUFA III re-authorization. Finally, the committee “encourages enhanced exploration of potential surrogate endpoints and use of FDAMA’s fast-track provision” to provide patient access as soon as possible in cases of serious and life-threatening illness.

Food – Several comments are made regarding efforts to address food-borne illness and seafood safety. In addition, the committee expressed concern that food labels may be misleading with respect to health claims, nutrient content, and calories; asked FDA to ensure the accuracy of the Nutrition Facts panel, and asked for a report by Feb. 1, 2006 on the kinds of violations FDA is seeing on food labels and the actions being taken about this.

Dietary Supplements – FDA is asked to produce, in 90 days, a cost estimate for establishing a system for mandatory reporting of adverse events for dietary supplements. Of the $5.56 million provided for the adverse events reporting system at CFSAN (CAERS), $1.7 million is allocated specifically for supplements. The committee expressed concern about FDA’s failure to publish the Good Manufacturing Practices rule for supplements, and asked this be done, along with directing the agency to prioritize its funds so it can enhance its efforts to enforce the Dietary Supplement Health & Education Act (DSHEA). Finally, an additional $500,000 is provided for a review of botanicals in supplement products, currently under way with the National Center for Natural Products in Mississippi.

Animal Welfare Act – The Animal and Plant Health Inspection Service (APHIS) Animal Care Unit recieved $17,478,000 for the enforcement of the Animal Welfare Act. This is the same amount requested in the President's budget and the same amount provided in the House-passed bill. The FY 2006 funding would be a 6% increase over last year's funding of $16,485,000.

The prognosis for this bill being considered by the full Senate is not clear. Several FDA-related issues not considered during subcommittee or full committee mark-up can be expected to be raised on the floor. These include provisions related to avoiding conflict of interest on FDA advisory committees and legalizing prescription drug importation. Sen. Byron Dorgan (D-ND) stated unequivocally he will bring an importation provision to the Senate for a vote, in the context of this or other bills.

Return to top


EPA’s Proposed Human Pesticide Testing Analysis Released

On June 28, Reps. Henry Waxman (D-CA) and Hilda Solis (D-CA) and Sen. Barbara Boxer (D-CA) released a report, prepared by Democratic staff of the House Government Reform Committee. The report presents an analysis of the potential impacts of a proposal currently in draft at the Environmental Protection Agency (EPA), according to the report, “will allow the systematic testing of pesticides on humans.”

The report says pesticide manufacturers have importuned the Administration to allow such testing, effectively reversing a moratorium on human pesticide testing put in place in 1998 by then-EPA Administrator Carol Browner.

According to the report, in addition to the fact EPA currently is reviewing results from a number of human studies that are ethically flawed, the draft proposed rule would essentially institutionalize such studies, which should be prohibited altogether. The report’s analysis of the draft proposal indicates if studies were done according to the proposal, they would not meet minimal human testing requirements set out in a recent National Academy of Sciences report. The report says the rule would not “establish national review panel to prevent abusive experiments, fails to provide full protections for children and other vulnerable population, and includes multiple loopholes that undermine its effectiveness.”

Under a bill approved by the Senate this week, EPA would be prohibited for one year from allowing pesticides to be tested on human volunteers or to use data from such testing. Part of the EPA appropriations bill, the amendment by Sen. Barbara Boxer (D-CA) is necessary to protect children and pregnant women from exposure to chemicals without proper controls. Boxer called it a “time out” to consider ethical, moral and health issues. Industry said the ban was too broad.

A related amendment, calling for EPA to publish its review and rules on human testing, also passed the Senate. The Boxer action would restore a ban put in place during the Clinton Administration and in force during President Bush’s first term. The House approved similar legislation last month.

Return to top

CMS Announces CAP for Medicare Part B Drugs

On June 27, the Centers for Medicare & Medicaid Services (CMS) announced its interim final rule on the new Competitive Acquisition Program (CAP) program will be published in the Federal Register on July 6. This program was mandated as part of the Medicare Part B payment/reimbursement reforms of the Medicare Modernization Act (MMA). It offers physicians an optional way to obtain Part B covered drugs through distributors/vendors that will be selected by CMS on a competitive basis.

In announcing the rule, CMS Administrator Dr. Mark McClellan referred to the value of this kind of program in reducing administrative and logistical burdens on physicians. In addition, supporters of the program argue there could be cost savings for patients over the long term and financial advantages for physicians, who otherwise bill Medicare directly for the drugs they administer, at ASP + 6%, be paid 80%, and bill the patient the remaining 20% (doctors receive a separate reimbursement for administrative and other costs associated with providing the drug to the patient).

Under the CAP program, physicians would obtain the products from a CMS-authorized vendor (at a previously negotiated price), who then would bill Medicare for the ASP + 6% and bill the patient for any applicable deductible or co-payment. The physician would continue to be reimbursed by Medicare for administration costs.

CMS will accept bids from potential CAP vendors July 6 - Aug. 5. Comments on the interim final rule are due by Sept. 6, and the program will go into effect Jan. 1, 2006. The CAP program is not mandatory, so physicians can choose whether to obtain products this way or purchase them as they currently do. An annual opportunity will exist for physicians to decide which option to choose, with the first opportunity being October 1.

A physician will select a single vendor from a list of approved vendors and purchase all products from this vendor. Vendor selection will be based on criteria including the price of the products and various financial stability, quality, and integrity requirements. The vendor will need to be able to supply all covered drugs (181 drugs will be included in the program, of the 440 currently billed through “incident to physician services” provisions) and will need to service physicians nationally.

Among concerns raised about the program are questions of how CMS will ensure that all of the vendors’ drugs are pure, potent, of high quality, and authentic.

Return to top

Obesity Bills Introduced in Senate

On June 28, Sen. Bill Frist (R-TN), with several bipartisan cosponsors, introduced two bills designed to address what he called the “fast-growing problem” of obesity.

S. 1324, the “Childhood Obesity Reduction Act,” cosponsored by Sen. Ron Wyden (D-OR), would establish the following:

• Congressional Council on Childhood Obesity to work with outside experts on a program to educate, inform, and coordinate activities related to reducing obesity among children; and

• Nonprofit National Foundation for the Prevention & Reduction of Childhood Obesity. The foundation would evaluate and disseminate information about model plans used by schools to reduce obesity, make “challenge awards” to schools, and participate in various meetings, workshops, etc. A non-profit entity would receive grants for HHS to incorporate and start the foundation, which thereafter would receive additional annual grants (up to $2.2 million per year beginning in 2009).

S. 1325, the “Improved Nutrition and Physical Activity Act of 2005 (IMPACT),” cosponsored by Sen. Jeff Bingaman (D-NM) and others, has been introduced before, but never acted on. Among other things, it would do the following:

• add obesity and related issues to the list of priority health matters under the Health Professions training programs of Title VII of the Public Health Service Act and authorize funds for health professions training in the prevention, diagnosis, and treatment of obesity;

• authorize funds for a demonstration program with community organizations working with schools and other parts of the community to implement beneficial approaches to reducing obesity;

• authorize the Centers for Disease Control (CDC) specifically to collect data about children’s fitness;

• require AHRQ to review information and report on obesity trends in sub-populations;

• authorize the use of funds for Preventive Services Block Grants to states for community education on nutrition and physical activity;

• require the HHS Secretary to report on obesity and fitness-related research across HHS; and

• require a report on the effectiveness of the Youth Media Campaign in changing behavior and reducing obesity.

Both bills have been referred to the Senate Committee on Health, Education, Labor, & Pensions (HELP). There has been no indication to date on when the Committee plans to consider them.

Return to top

Waxman, Markey Re-Introduce Clinical Trials Bill

On June 30, Reps. Henry Waxman (D-CA), Ed Markey (D-MA), and 30 others introduced H.R. 3196, the Fair Access to Clinical Trials (FACT) Act. The bill would require the Secretary of HHS to maintain a database of clinical trials information, including both pre- and post-market studies of drugs, biological products, and medical devices.

In a press statement on the bill’s introduction, Markey said, “Drug companies should not be able to pick and choose which trials they want to disclose and which they want to keep from the public. The medical community deserves to have a complete picture of the safety and effectiveness of drugs and devices.”

The bill’s requirements would expand current activities (clinicaltrials.gov). Currently, requirements to register clinical trials apply to studies related to serious and life-threatening illnesses; H.R. 3196 would include all clinical trials. The bill distinguishes between trials to test safety and effectiveness, which must be listed, and trials testing safety only (or feasibility, in the case of devices) or that investigate pharmacokinetics. Those trials would be excluded, except for pharmacokinetic studies in special populations. The bill also indicates classified information, as defined in title 5, U.S.C., would be excluded.

Under the bill, before beginning a clinical study sponsors would be required to list information including the purpose and hypothesis of the study, the medical condition being studied, the intervention, the outcome being sought, the ethics review of the study, expected start and ending dates, eligibility criteria for enrolling, identification of a product being studied as either FDA-approved or not, contact information for scientific inquiries, and any restrictions the study sponsor places on investigators as regards their ability to present or publish their findings. Sponsors would be required to update the information in the database at lease once each six months, highlighting any changes and stating when and why such changes were made.

Additional requirements would apply for trials relating to serious and life-threatening conditions, including a brief summary of the study in lay language; location of trial sites and points of contact, enrollment status, and any additional information that might be available under a treatment IND.

Results of all clinical trials also would be posted, under the provisions of H.R. 3196, and must be provided by the sponsor in a “structured abstract … in a form not likely to mislead or distort the results.” The results information would include the actual completion date and an explanation if this date differs from the earlier-listed expected date; primary and secondary outcomes; number and kinds of significant adverse events, whether or not determined to be caused by the intervention; citations to any published articles about the study; status of FDA review, if any, or an explanation of why the data haven’t been submitted to FDA; drop-out rate and reasons; demographics of study population; and agreements, if any, to restrict presentation or publication of results.

The bill would require results to be submitted within one year of the estimated or actual study completion date, whichever is earlier, unless the Secretary grants an exception or unless an article about the study results is pending publication. If an article has been submitted for publication, there could be an extension of the time. In the case of a study that lasts longer than three years, interim reports would be required, at the three year anniversary and annually thereafter. The Secretary could waive the results submission requirements in “extraordinary circumstances.”

Failure to comply with the requirements of the legislation could result in civil monetary penalties; ineligibility for federal grants, contracts, or cooperative agreements; or ineligibility for either INDs or IDEs. In the case of results not being submitted, the Secretary would be authorized to release information about the study and study results, notwithstanding current prohibitions in law against such public release. By definition, the bill clarifies that no information would be made public through the database that would violate personal privacy or reveal a trade secret.

The legislation would require a change in regulations regarding the functions of IRBs, to add that IRBs would be required to determine if these requirements are being met and to deny approval for studies that are not properly registered with the database.

There has been no indication to date that the Energy & Commerce Committee, to which the bill is referred, plans action on this issue or on legislation. In the meantime, however, the major trade associations representing the drug and biotechnology industries have indicated their belief that all clinical trials should be registered with clinicaltrials.gov and that clinically meaningful results should be posted in a database accessible to the public. Several privately sponsored, publicly accessible databases have been established, both by individual companies and by the Pharmaceutical Research and Manufacturers of America (PhRMA), to which trial results are being posted.

 

Return to top

USDA Confirms First U.S.-Born Case of BSE Found in Waco, TX

The first U.S. case of BSE in a native-born animal was confirmed this week after further testing at a World Animal Health Organization (OIE) lab in Weybridge, England. The 12-year-old Brahman cross-breed animal was tested originally in November 2004 when it arrived at 3/D-4/D plant that serves the pet food industry.

USDA, FDA and industry all have said essentially the same thing: the federal and industry firewalls designed to mitigate BSE in the U.S. worked. The animal was identified and destroyed, and the food/feed supply was unaffected.

“The source herd is now under a hold order as we identify animals of interest within the herd,” said USDA Chief Veterinarian Dr. John Clifford. “Consistent with (international animal health) guidelines, animals of interest include any other animals that were born the same year as this animal, as well as any born the year before and the year after…we are also interested in any of this animal’s offspring that were born within the last two years.”

The animal was nonambulatory and following initial testing, its body was incinerated so that no part of the animal entered the food, feed or pet food chains, USDA said this week. Since the animal was born four years before the 1997 FDA feed ban was implemented, the source of infection is under investigation. FDA is reviewing the feed records from the ranch where the animal was born and the processing records of local feed plants to check for FDA feed ban compliance since 1997. USDA has not released the name or location of the ranch where the animal lived.

The pet food company involved, Champion Pet Foods, issued a June 29 statement that said, in part: “Last year, Champion Pet Foods began testing all dead and non-ambulatory cattle for BSE as part of USDA’s testing program. These cattle are brought to our company…from all over the region…On Monday, Nov. 15, 2004, a cow was brought to us from an outside source as is every cow that enters this facility. We do not know the origin of this cow. The cow was dead on arrival…we followed our normal daily procedures and sent a sample from this cow to the USDA-approved laboratory at Texas A&M. They then tested it and the results proved inconclusive…A USDA representative took the entire carcass in question to Texas Veterinary Diagnostic Laboratory at Texas A&M where it was incinerated. Following USDA procedures, no part of the cow entered the pet food chain.”

So far only Taiwan and Indonesia have announced they’ve reintroduced their import bans on U.S. beef. The Australian beef industry, which has seen Asian beef sales skyrocket since the first U.S. case of BSE was found in 2003, backed its U.S. counterparts, urging Japanese consumers to not turn away from beef based on the U.S. announcement, stressing the U.S. case was “isolated and the animal did not enter the food chain.” Japanese Prime Minister Junichiro Koizumi told reporters June 30 he saw no impact of the U.S. announcement on his government’s decision to reopen beef trade with the U.S. Japan has had 20 cases of native-born BSE.

No U.S. state has said it will stop taking live animals from Texas, a move, Clifford said, that “wouldn’t make any sense with the safeguards we have in place.” U.S. futures markets and cattle sales have been relatively unfazed by the USDA announcement.

A consumer tracking survey conducted this week by the National Cattlemen’s Beef Assn. found USDA’s announcement didn’t affect consumer confidence that U.S. beef is safe from BSE. The independent telephone survey of 927 adults found 92% of American consumers are confident U.S. beef is safe from mad cow disease. The level of confidence in U.S. beef safety has remained strong (average 91%) since the first U.S. case (in an imported Canadian dairy cow) was announced in December 2003.

Return to top

Detailed Traceback System Discussed

USDA used DNA analysis to trace the second case of U.S. BSE to its birth herd after ear tags inadvertently were confused with those of other animals rendered at the pet food plant in Waco, TX. This development has rekindled talk of quickly implementing a more sophisticated animal identification system in the U.S.

Rep. Bob Goodlatte (R-VA), chair of the House Agriculture Committee, said a system to trace cattle movement needs to be operational “as soon as possible.” USDA has said its mandatory system should be in place by January 2009, but Goodlatte ventured the industry can move more quickly than the government. NCBA said it’s developing its own tracking system that will be fully operational by October 2006, with testing beginning Oct. 1, 2005.

Return to top

Senate Passes CAFTA After Sugar Deal Fails

The deals cut to protect the sugar industry from the fear of soaring imports failed to hit the mark for the sugar industry, but apparently the deal was sweet enough to move enough Senators to vote to approve the Central America Free Trade Agreement (CAFTA) 54-45. The vote was the closest of any recently approved trade pact.

The American Sugar Alliance dismissed the Bush Administration’s offer to pay CAFTA countries in cash or commodities, or convert imported sugar into ethanol so sugar imports don’t exceed the 1.523-million-ton annual cap. U.S. Trade Representative Rob Portman, however, said the assurances from Secretary of Agriculture Mike Johanns were as far as the Administration would go “so I don’t think there will be a need to make any other substantive changes.”

In the Senate, the USDA deal was strong enough to move Sen. Saxby Chambliss (R-GA), chair of the Senate Agriculture Committee and a sugar supporter, to switch his vote in favor of CAFTA approval.

The White House turned full attention to the House, hammering home the Johanns agreement on sugar protection and targeting House members who were invited by the Bush Administration to participate in the development of the USDA assurances. The House Ways & Means Committee this week approved the trade pact, setting up a July floor vote.

House opposition to CAFTA is not just about sugar. A considerable number of members are concerned about labor protections, and several members want the White House to assure them that labor violations will receive the same status as trade violations in the treaty dispute resolution process.

Return to top

Senate Passes Energy Bill, Conference Battles Loom

With relatively little pain, the Senate this week approved a comprehensive energy bill, setting up a series of conference battles with the House bill approved last month. At issue will be several controversial items that stymied enactment in the last Congress, including oil exploration in the Alaskan National Wildlife Reserve, liability protection for MTBE makers, and the level of tax incentives for various energy-related endeavors.

One sure-fire sticking point will be how much ethanol and biodiesel oil refiners will be required to mix in their gasoline and diesel fuel to meet the requirements of the Renewable Fuels Standard (RFS). The Senate bill calls for 8 billion gallons to be used by 2012, while the House bill sets the cap at 5 billion gallons. Reps. Gil Gutknecht (R-MN) and Stephanie Herseth (D-SD) introduced legislation in the House this week setting the ceiling on RFS alternative fuels blending at 8 billion gallons, a move designed to push House conferees closer to the Senate number.

Conferees will be named after Congress returns from its July 4 recess.

Return to top

COOL Moving To Top of List for Ag Legislators

While ag groups across Washington generally praised the introduction of legislation to allow for voluntary country-of-origin labeling (COOL), Senate champions continued their push to keep the system mandatory.

Sen. Tim Johnson (D-SD) introduced legislation to move the implementation date for mandatory COOL to January 30, 2006. Johnson’s bill would cover all commodities, including muscle cuts of beef, veal, lamb and pork; ground beef, ground lamb and ground pork; farm-raised fish and shellfish; perishable ag commodities and peanuts.

Meanwhile Sens. John Cornyn (R-TX) and Blanche Lincoln (D-AR) introduced a bill that would make COOL voluntary for meat. The bill is a companion to HR 2068 in the House.

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.1324
Sen. Bill Frist (R-TN) introduced the “Childhood Obesity Reduction Act.”

S.1325
Frist also proposed the “Improved Nutrition and Physical Activity Act of 2005 (IMPACT).”

S.1331
Legislation offered by Sen. Tim Johnson (R-SD) would change the date of implementation of country of origin labeling to January 30, 2006.

S.1333
A bill proposed by Sen. John Cornyn (R-TX) would establish a voluntary program for country of origin labeling of meat.

S.1337
Sen. Mike Enzi (R-WY) introduced a bill to “restore fairness and reliability to the medical justice system and promote patient safety by fostering alternatives to current medical tort litigation.”

S.1355
Enzi also offered a bill on the adoption of health information technology and to improve the quality and reduce the costs of healthcare.

S.1357
Legislation proposed by Sen. Tom Harkin (D-IA) would provide the Secretary of Agriculture the authority to prescribe performance standards for the reduction of pathogens in meat, meat products, poultry, and poultry products processed by establishments receiving inspection services and to enforce the Hazard Analysis and Critical Control Point (HACCP) System requirements, sanitation requirements, and the performance standards.

H.R.3070
Rep. Ken Calvert (R-CA) introduced a NASA reauthorization bill.

H.R.3084
A bill offered by Rep. Cliff Stearns (R-FL) would require testing for steroids and other performance-enhancing substances for certain sports.

H.R.3131
Rep. Fred Upton (R-MI) proposed amendments to the “Healthy Start Initiative.”

H.R.3144
Rep. Roscoe Bartlett (R-MD) introduced a bill to provide for a program at the National Institutes of Health to conduct and support research in the derivation and use of human pluripotent stem cells by means that do not harm human embryos.

H.R.3151
A bill offered by Rep. Benjamin Cardin (D-MD) would remove the exclusion of benzodiazepines from required coverage under the Medicare prescription drug program.

H.R.3154
Rep. Barbara Cubin proposed a bill to provide incentives for pharmaceutical companies, biotechnology companies, and medical device companies to invest in research and development with respect to antibiotic drugs, antivirals, diagnostic tests, and vaccines that may be used to identify, treat, or prevent an infectious disease.

H.R.3156
Rep. Susan Davis offered a bill on dietary supplements.

H.R.3160
Legislation proposed by Rep. Anna Eshoo would provide the Secretary of Agriculture the authority to prescribe performance standards for the reduction of pathogens in meat, meat products, poultry, and poultry products processed by establishments receiving inspection services and to enforce the Hazard Analysis and Critical Control Point (HACCP) System requirements, sanitation requirements, and the performance standards.

H.R.3166
A bill offered by Rep. Raul Grijalva (D-AZ) would provide compensation to livestock operators who voluntarily relinquish a grazing permit or lease on Federal lands where conflicts with other multiple uses render livestock grazing impractical.

H.R.3170
Rep. Steve King (R-IA) introduced legislation that would establish a Livestock Identification Board to create and implement a mandatory national livestock identification system.

H.R.3196
Rep. Henry Waxman proposed a bill that would expand the scope of information required for the data bank on clinical trials of drugs.

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 © 2005 Policy Directions.

Policy Directions Inc | 818 Connecticut Ave NW Suite 950 | Washington, DC 20006 | (202) 776-0071 | info@poldir.com