Labor H Appropriations in Flux
In a shocking move Thursday, House Democrats and a small group of Republicans
defeated the $142 billion House Labor, Health & Human Services Appropriations
Conference Report in a 209-224 vote. According to reports, many members said
the bill's defeat was the first rejection of an appropriation measure they
could recall since Republicans assumed House control in 1995.
The House passed its version of the Labor-H appropriations bill June 24, with
the Senate version being approved October 27. The resulting House and Senate
negotiated conference report, which would cut $1.4 billion from the previous
year's spending levels, raised the ire of members of both parties. Democrats
failed to support the report in part because of a reduction to spending on
health programs. At the same time, the conferees removed from the bill special
Member projects, a decision that left House members already unhappy with the
cuts with no other incentive to back the bill. Rounding out the no votes were
conservatives who do not vote for social services spending under any circumstances.
The current conference report provides the National Institutes of Health (NIH)
with $28.6 billion, an increase of $253 million. The bill terminates 21 programs
and dropped additional $8 billion in emergency spending funds for avian influenza
programs.
On Friday, the Senate agreed to a Motion to Instruct Labor-H
Appropriations Conferees to increase the overall funding for the bill. It is
currently unclear whether the House and Senate will negotiate a new bill
or settle on a continuing resolution for the year.
Return to top Scientific Advisors Protected
in Labor-H Conference Report
Members of the House and Senate Labor, Health & Human
Services and Related Agencies FY2006 Appropriations conference committee kept
Senate language prohibiting the use of appropriated funds for requests that
potential appointees to federal advisory committees disclose their political
party affiliation,
voting record, or opinions on certain matters or to appoint members to advisory
committees based on their political affiliation. The House had similar, but
not identical language. Provisions of the Senate retained language also prohibits
the use of funds to disseminate false or misleading scientific information.
In letters to House and Senate members of the Labor-H subcommittees,
a number of Members of the House had urged the conferees on the appropriations
bill
to maintain provisions they described as ensuring the integrity of scientific
advice to agencies. The authors of the letters noted the importance of maintaining
this language which accomplishes the goal to “uphold scientific integrity.”
The Labor-H bill failed in the House.
(See previous article.)
Return to top
Waxman Requests Hearing Charging Plan B Decision Based
on Politics, Not Science On November 15, Rep. Henry Waxman (D-CA) wrote to House Government Reform
Committee Chair Tom Davis (R-VA) to urge the Committee to investigate and hold
a hearing to evaluate the FDA’s handling of the contraceptive product
Plan B. The Government Accountability Office (GAO) released a report this week
on how FDA handled its review and decision of Plan B’s over-the-counter
(OTC) application. Waxman referred to the GAO findings that FDA reviewers did
not agree with the ultimate decision not to approve the product for OTC sale
and reviewers were essentially told, regardless of their evaluation, the OTC
switch would not be approved. Waxman said FDA’s decision was based on
politics, not science.
In addition, Waxman noted the GAO reported it was not provided with documents
it requested regarding the involvement of previous FDA Commissioner Mark McClellan
in discussions on Plan B, including various communications he reportedly had
with FDA staff about the issue. According to GAO, its investigators were told
the agency did not maintain such records of previous Commissioners. Representatives
urged Davis to ask, on behalf of the Committee, that HHS and FDA provide additional
documentation that could shed light on the extent to which the Department and
the White House may have been involved in FDA’s decision on this product.
“The decisions made at FDA are crucial to the health and safety of our
nation.” Waxman said. “Federal law requires – and the public
expects – that these decisions will be based on the best available science,
not politics or ideology.”
Waxman, along with Energy & Commerce committee ranking member John Dingell
(D-MI) and others, also wrote to HHS Secretary Michael Leavitt asking him to
explain why certain documents were not made available to GAO and to respond
to questions of whether “the decision [on Plan B] was pre-ordained from
the outset.” The letter notes that if records were destroyed, as GAO
states was the rationale for not having certain documents available, this could
be a violation of the Federal Records Act. Asking Leavitt to look into the
matter, the members also request that the Secretary “renounce categorically
the manipulation of science depicted in the GAO report and to investigate and
reverse any policies that may have prevented investigators from obtaining a
full and complete record of the decision to reject the Plan B application.”
Return to top
"Child Medication Safety Act" Passes in
House
On Wednesday, the House passed by 407 - 12 on Wednesday legislation
aimed at restricting educational institutions from requiring children to obtain
prescriptions
for controlled substances or psychotropic drugs as a condition of attendance
or services. Rep. John Kline (R-MN) introduced the “Child Medication
Safety Act of 2005,” H.R.1790, which would require states, as a condition
of receiving federal education funds, to develop and implement policies and
procedures prohibiting these requirements. A similar bill has not been introduced
in the Senate.
With 25 cosponsors, the bill does not create a federal prohibition
against school personnel consulting or sharing classroom-based observations
with parents
or guardians regarding a student's academic performance or behavior in the
classroom, or regarding the need for evaluation for special education services
under the Individuals with Disabilities Education Act (IDEA).
Return to top
Importance of Manned Space Flight Reaffirmed
The Senate reaffirmed its support of manned space flight this
week in an amendment to the Department of Defense Appropriations bill. Offered
by Sens. Kay Bailey
Hutchison (R-TX) and Bill Nelson (D-FL), the amendment said “it
is in the national security interest of the United States to maintain preeminence
in human spaceflight.” Hutchison is chair of the Senate commerce, science
and transportation subcommittee on science and space, Nelson is the ranking
member.
This action comes on the heels of recent statements by NASA
Administrator Michael Griffin on the necessity of focusing on developing new
space vehicles. Testifying at a House Science Committee hearing
November 3, Griffin said “painful choices must be made” in how
NASA redirects its limited funding. This
included, he said, cutting back on life sciences research, even though
such research will be necessary if NASA moves forward with future plans to
carry out manned missions.
Return to top
House E&C Committee Reports Meth
Bill
On November 15, the House Energy & Commerce Committee favorably reported
H.R. 3889, the Methamphetamine Epidemic Elimination Act. The bill already has
been reported by the House Judiciary Committee. Introduced by Rep. Mark Souder
(R-IN) and others, the bill would place new restrictions on both domestic and
international availability of methamphetamine precursor chemicals; increase
criminal penalties for production, possession, or sale of methamphetamine;
and improve regulation of the environmental contaminants produced during methamphetamine
production.
Among other things, the bill would place restrictions on the sale and distribution
of the methamphetamine precursors phenylpropanolamine, ephedrine and pseudoephedrine,
ingredients often included in over-the-counter (OTC) cold medications. The
bill would limit the quantity of these ingredients that can be sold in a single
transaction and require OTC medications containing the ingredients be sold
in specific-dosage blister packs or unit dosage packs. In addition, limits
would be placed on retailers who sell the products, including requirements
for providing behind-the-counter storage and dispensing and new record keeping
regarding the sale of the products, such as requirements to maintain records
of the names of purchasers and limitations on the quantity that can be sold
to an individual or in a single transaction.
An amendment offered by Committee Chair Joe Barton (R-TX) would make clear
that the bill’s requirements are a federal floor, not a ceiling, and
states may enact more stringent requirements. The bill, in other words, does
not pre-empt existing state law or regulations or future state actions that
are stronger than the federal requirements.
In a statement supporting his amendment, Barton said his provisions “strike
a balance” between the competing needs of consumers who want to purchase
and use the OTC medications properly and the desires of criminals to purchase
the products for illicit purposes.
The growing problem of methamphetamine abuse continues to be of great interest
to many in Congress. House and Senate conferees also included, in the conference
report on the Commerce/Justice/State/Science FY ’06 appropriations bill,
provisions relating to enforcement against illegal methamphetamine production
and distribution, as well as requirements for a federal task force to address
the problem. More legislation is expected.
Return to top
Deficit Reduction Package Restores Food Stamps, MILC Programs
As GOP leaders struggled to amass enough House votes to pass
their $50-billion budget reconciliation package and get the program cuts to
conference, many changes were made to woo reluctant votes. The package
included yet another change to cuts in the federal food stamp program that
will
exempt from the reductions some recipients based on their non-cash benefits,
and controversial Medicaid cuts were also refigured. The Milk Income Loss Contract
(MILC) program is also being extended, with supporters now referring to it
as a “program to help small dairy farmers.” This reworked bill
was approved by the House early Friday morning by a vote of 217-215. The Senate
approved its version of this bill on Nov. 3 by a vote of 52-47.
Return to top Durbin Introduces Heavy-Handed BSE BillSen. Richard Durbin (D-IL) this week introduced a familiar but far-reaching
piece of legislation designed to further restrict ruminant feeding.
This came on the heels of a critical Government Accountability Office
(GAO) addendum to a report earlier this year contending FDA is not
doing enough to prevent BSE from establishing itself in the U.S.
Saying he was introducing the bill “to strengthen our nation’s
firewalls against prion diseases,” Durbin’s bill would
regulate not only aspects of BSE in cattle, but also prion diseases
which affect humans and other species. He said the only native born
case of BSE in the U.S., a Texas cow found in 2005, was disturbing
because USDA could not pin down how the cow was infected. He is also
bothered that herd mates of the infected cow had already been slaughtered
prior to BSE testing.
The bill is similar to unsuccessful legislation Durbin introduced
three years ago and provides for severe restrictions or an outright
prohibition on the use in feed or other products of so-called “covered
articles” from ruminant animals. A “covered article” includes
feed or feed for humans or animals, medicines, “pituitary derived
hormone,” transplant materials, fertilizer from animals, cosmetics “or
any other article of a kind that is ingested, implanted, or otherwise
taken into a human or animal.”
The bill not only restricts domestic use of the covered articles but
would prohibit import of such articles from a ruminant “that
was in any country at a time at which there was a risk of transmission
of BSE in the country.”
Further, Durbin’s bill would require the registration of all
renderers who handle, buy, sell or transport “dead, dying,
disabled or diseased livestock.” The bill would also require
USDA to set standards for disposal of dead/nonambulatory livestock,
to have a system in place within one year to trace an animal from “birth
to slaughter,” and would require both premises and individual
animal identification.
Return to top
USDA to Continue Enhanced BSE Cattle Surveillance
USDA will not ramp down its enhanced BSE testing of suspect cattle
in December as many have speculated, but will continue the program
through at least the first quarter of 2006. The department announced
its plans this week, with Secretary of Agriculture Mike Johanns stating
he wanted to be sure that all regions of the country were adequately
represented in the testing program, and that all 20,000 otherwise healthy
animals are tested as part of USDA’s public commitment on animal
testing.
Return to top
OSHA Reform Bills Without Criminal Penalties Expected
A package of OSHA reform legislation without new, harsh criminal penalties
will likely be introduced in the Senate soon, according to reports.
Sen. Mike Enzi (R-WY), chair of the Senate Health, Education, Labor & Pensions
Committee (HELP) is expected to introduce three bills aimed at reforming
controversial sections of the Occupational Safety & Health Act
(OSHA), but none will carry a previously floated Enzi proposal that
would have raised the maximum penalty for a willful OSHA violation
from six to 18 months. Industry opposed the stricter penalties.
One bill will create third-party consultation services, programs to
prevent alcohol and substance abuse, along with increased use of voluntary
protection programs. A second bill will set up new inspection provisions,
specific compliance programs for work sites, and assistance programs.
Under this bill, the Occupational Safety & Health Review Commission
would be expanded from three to five members, and allow small business
to recoup legal fees from successful OSHA challenges. The third bill – the
HazCom Simplification & Modernization Act – would reportedly
require OSHA to create a review committee to look at the UN’s
Global Harmonized system of Classification & Labeling of Chemicals.
Return to top
Cuba Sales Sets Up Show-Down on Treasury/Transpo Spending Bill
A show-down is looming between agricultural interests and the White
House over language in the FY2006 Treasury/Transportation appropriations
bill that would stymie Administration efforts to put tighter regulation
on U.S. ag trade with Cuba. This week the White House officially rejected
language found in both House and Senate versions of the spending bill
and President Bush has threatened to veto the bill if the Cuba trade
language remains.
At issue is a section of the bill that would deny funding to the Treasury
Department’s Office of Foreign Assets Control to enforce regulations
requiring Cuban buyers of U.S. ag products to pay cash in advance of
goods being shipped and delivered to Cuba. Routine practice is for
buyers to pay for the goods after shipment but before delivery.
Despite the veto threats, 56 ag groups continue to
lobby for inclusion of the language arguing that sales to Cuba have
declined this year
because of the Administration rules. Rep. Jo Ann Emerson (R-MO) led
a group of 43 House members who wrote to the conference committee members
on the measure urging them to retain the provision. Supporters of the
spending bill language contend the White House is trying to punish
the Castro government, but the real victims of the rulemaking are farmers.
Return
to top EPA CAFO Deadline Extended
The Feb. 13, 2006, compliance deadline for EPA’s confined animal
feeding operations (CAFO) for filing clean water permits has been extended,
with the final compliance deadline expected to be published in February
2006. Also extended was the deadline for the filing of nutrient management
plans.
Return to top Industry Launches Bird Flu Website
In addition to the official federal website on avian influenza – www.pandemicflu.gov – the
poultry industry has launched its own website to answer public questions
about bird flu. The site – www.avianinfluenzainfo.com – highlights
the fact bird flu is not a food issue and that the highly pathogenic
strain of bird flu – H5N1 -- does not exist in the U.S.
The site, a joint project of the National Chicken Council, the National
Turkey Federation and the Egg Safety Center, provides information about
protection of commercial flocks from migratory bird contact and teaches
the U.S. does not import turkeys. Links are also provided to other
official information found at the Centers for Disease Control, USDA
and FDA.
Return to top
Australia’s Wheat Board Reportedly Barred from U.S. Credits
USDA has suspended the U.S. subsidiary of the Australian wheat board
from selling U.S. wheat using federal export credit guarantee programs,
the Australian company confirmed to the media this week. AWB Ltd. is
the primary seller of Australian wheat, but also sells other commodities
around the world, and has qualified in the past for U.S. credit guarantees
when selling American commodities. The Australian group said USDA’s
actions were unjustified.
Return to top
Burns Leads Bipartisan Senate Group to Reinstate COOL
Seemingly the issue that will never die, country-of-origin
labeling (COOL) for red meat will likely get another congressional
debate as
12 Senators, led by Sen. Conrad Burns (R-MT), introduced legislation
to make the program mandatory as of Sept. 30, 2006. Rep. Mary Bono
(R-CA), that House’s original COOL author, introduced similar
legislation.
COOL was authorized
as part of the 2002 Farm Bill and has been controversial ever since.
The recently signed FY2006 ag appropriations bill delayed COOL implementation
by two years. Burns has said publicly – and in a letter to House
Appropriations Committee ag subcommittee chair Henry Bonilla (R-TX) – that
he is outraged that ag approps conferees never discussed COOL implementation.
In his letter to Bonilla, Burns said he was “not only angry,
but ashamed” at the way the conference process was handled. Joining Burns were Sens. Max Baucus (R-MT), John Thune
(R-SD), Tim Johnson (R-SD), Craig Thomas (R-WY), Mike Enzi (R-MT),
Byron Dorgan
(R-ND), Kent Conrad (R-ND), Charles Grassley (R-IA), Tom Harkin (R-IA),
Jeff Bingaman (R-NM) and Robert Byrd (R-WV).
Return to top
Richard Crowder Gets USTR Ag Negotiator Nod
Richard Crowder, sitting president of the American Seed Trade Assn.,
has been nominated to be the U.S. Special Trade Representative’s
special agriculture negotiator, replacing Al Johnson who recently resigned
to return to the private sector. Crowder is a former USDA undersecretary
for international affairs and commodity programs, and used to work
for DEKALB Genetics and Armour-Swift Ekrich, a division of ConAgra
Foods. There is no word from the Senate on when Crowder’s confirmation
hearing will be held or whether he’ll be on the job for next
month’s Doha Round Hong Kong ministerial meeting on GATT.
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.RES.313
Sen. Maria Cantwell (D-WA) offered a resolution expressing the sense
of the Senate that a National Methamphetamine Prevention Week should
be established.
S.2002
Sen. Richard Durbin (D-IL) offered legislation on bovine spongiform
encephalopathy and other prion diseases.
S.2009
A bill introduced by Sen. Mel Martinez (R-FL) would provide assistance
to agricultural producers whose operations were severely damaged by
the 2005 hurricanes.
S.2018
Sen. Tim Johnson (D-SD) proposed legislation that would prevent a quality
grade label issued by the Secretary of Agriculture for beef and lamb
not be used for imported beef or lamb.
S.2019
Legislation introduced by Sen. Gordon Smith (R-OR) would provide for
a research program on remediation of closed methamphetamine production
laboratories.
S.2025
Sen. Evan Bayh (D-IN) offered a bill to reduce U.S. dependence on oil
through the use of alternative fuels and new technology.
S.2026
Sen. Frank Lautenberg (R-NJ) proposed a bill to amend title XVIII of
the Social Security Act to require that a prescription drug plan
or an MA-PD plan that has an initial coverage limit obtain a signed
certification prior to enrolling beneficiaries under the plan under
part D.
S.2038
Sen. Conrad Burns (R-MT) introduced legislation on mandatory country
of origin labeling.
S.2042
Legislation proposed by Sen. Saxby Chambliss (R-GA) would implement
pesticide-related obligations of the U.S. under the international
conventions or protocols known as the PIC Convention, the POPs Convention,
and the LRTAP POPs Protocol.
S.2046
A bill offered by Sen. Mike DeWine (R-OH) would establish a National
Methamphetamine Information Clearinghouse to promote the sharing
of information regarding successful law enforcement, treatment, environmental,
social services, and other programs related to the production, use,
or effects of methamphetamine and grants available for such programs.
H.RES.552
Rep. Tammy Baldwin (D-WI) offered a resolution recognizing the 50th
Anniversary of the Crop Science Society of America.
H.R.4330
Rep. Mario Diaz-Balart (R-FL) introduced a bill that would provide
assistance to agricultural producers whose operations were severely
damaged by the 2205 hurricanes.
H.R.4331
A bill proposed by Rep. Cathy Morris (R-WA) would provide for a Medicaid
demonstration project for chronic disease management.
H.R.4332
Legislation offered by Rep. Collin Peterson (D-MN) would provide for
an automatic one-year extension of the authorizations of appropriations
and direct spending programs of the Farm Security and Rural Investment
Act of 2002 and would provide for an additional one-year extension
if implementing legislation is not submitted with respect to the
Doha Development Round of World Trade Organization negotiations by
January 15, 2008.
H.R.4341
Rep. Ralph Hall (R-TX) introduced a bill that would amend the "Superfund" to
provide that manure is not considered a hazardous substance or pollutant
or contaminant.
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.
|
