OVERVIEW
It doesn’t
happen very often, but children’s health issues took center
stage in Congress this
summer. The reauthorization of the State Child health Insurance Program (SCHIP)
finally made its
way to the House and Senate floors and both chambers passed legislation
determining the fate of
several major pediatric-focused FDA programs.
All of this
occurred as Congress and the Administration began the annual
appropriations battle—
heightened this year by the split political affiliations of the two
branches, the politics of the 2008
presidential election and the strain that the wars on terror and in Iraq
and Afghanistan have placed
on domestic spending. Now more than ever, as this process proceeds
throughout the fall, it is
imperative that the pediatric community maintains visibility and a unified
message regarding FY
2008 funding priorities for child and adolescent health.
In addition to
funding issues, the fall promises to be a busy time for
other substantive legislation,
including the anticipated final passage of the SCHIP and FDA
reauthorization bills. Other pieces
of legislation, including bills prohibiting genetic discrimination,
reauthorizing the Emergency
Medical Services for Children (EMSC) program and more, could also move in
the months ahead.
To that end,
we hope that this report serves as a useful tool in your
advocacy efforts in the weeks
and months ahead. It provides updates on several items that will continue
to be on the legislative
agenda throughout the fall, in addition to some items that we hope your
advocacy can put on the
top of lawmakers’ priority lists before the first session of the 110th
Congress comes to a close.
The report includes information on the following issues:
-
Pediatric Research
-
Pediatric Drugs and Medical Devices
-
Pediatric Workforce
-
Access to Health Care
-
FY 2008 Budget & Appropriations
-
Pandemic Influenza
-
Emergency Medical Services for Children
-
Congressional Calendar
-
How to Contact Congress and the President
-
AAP- Federal Advocacy Action Network (FAAN)
and Key Contact Program
PEDIATRIC
RESEARCH
National Institutes of Heath (NIH)—Appropriations: The
President requested $28.858 billion for
the National Institutes of Health for FY 2008—a $511 million cut from the
FY 2007 funding level.
The Ad Hoc Group for Medical Research, which includes APS, SPR, and AMSPDC
as
participating members, spearheaded an effort to increase NIH funding by
6.7% over FY 2007
levels, totaling $30.8 billion for FY 2008. However, When the
House and Senate Appropriations
Committees completed work on their chambers’ respective Appropriations
bills, the results were
mixed. The House-passed bill allocated $29.650 billion, while its Senate
Committee-passed
counterpart dedicated $29.9 billion to the NIH for FY 2008. The PPC will
continue to support the
highest level of funding for the NIH, including increased funding for
pediatric research.
National Institute of Child
Health and Human Development (NICHD)—Appropriations: The
PPC, as part of the Friends of NICHD, supported an allocation of $1.337
billion for the National
Institute of Child Health and Human Development (NICHD). The House-passed
Appropriations Bill
included an allocation of $1.274 billion for NICHD, while the Senate
Committee provided $1.282
billion for NICHD in FY 2008.
National
Children’s Study—Appropriations: The funding picture
for the NCS is much brighter
this year, as both the House-passed Appropriations Bill and the Senate
Appropriations Committee
have provided the full $110.9 million necessary to continue funding the
study in FY 2008, despite
the President’s request that the study be zero-funded in his FY 2008
budget. The $110.9 million
allocation (new funds) matches the advocacy community’s request, which was
made in a May 9
sign-on letter, circulated by the pediatric community and the March of
Dimes. Over 50
organizations joined the letter sent to House and Senate appropriators.
The next steps are to
push for completion of the appropriations process with the inclusion of
$110.9 million of new
money for the NCS.
National
Children’s Study— Research Plan: The National
Children’s Study Research plan was
made available for public review and comment in July.
The Research Plan describes the
Study's background, design, measures, and the rationale for those
selections in sufficient detail so
that readers can understand the basis of the Study and how it will be
carried out. The Plan is
available online at:
http://www.nationalchildrensstudy.gov/research/research_plan/index.cfm.
On
July 26, an official request for public comments was published in the
Federal Register. Comments
are due by September 25. In addition to seeking public comment, the NCS
Program Office has
sought review by the National Academy of Sciences (NAS). The NAS had
commenced their
review of the plan, which was anticipated to take approximately 6-9
months. The NCS Advisory
Committee also commented on the Plan during their June meeting (see
below).
National
Children’s Study— June Advisory Committee Meeting: On
June 26 and 27, Dr.
Genel, Chair of the PPC, attended a meeting of the National Children’s
Study (NCS) Advisory
Committee, on which he serves as a member. The majority of the meeting
consisted of reviewing
the NCS Research Plan. During that review, committee members commented on
a number of
issues including human research subjects’ protections, retention of
subjects over time and the
need for community engagement in the Study. The Committee also discussed
issues associated
with adjunct studies, successive waves of sampling and engaging health
care providers in the
NCS.
National
Children’s Study— Request for Proposals: In March
2007, following passage of the FY
2007 joint funding resolution providing $69 million for the NCS, NIH
issued a Request for Proposals
(RFP) to award contracts to up to 20 new NCS
study centers. These centers will manage
operations in up to a total of 30 communities across the United States.
The NCS has identified a
statistically representative group of 105 total communities across the
United States where it will
recruit and enroll eligible participants. Contracts for the study centers
will be awarded to interested
medical research organizations based on the quality of their proposals and
geographic proximity to
the study communities over a three-year period (reaching the 105 total in
year three). These new
study centers must successfully demonstrate such capabilities as
collection and management of
biological and environmental specimens; the capacity to develop community
networks for
identifying, recruiting, and retaining eligible mothers and infants; and
the ability to secure the
privacy of the data collected. The contract awards are anticipated in
September 2007.
Further
information and updates on the NCS may be found at:
http://www.nationalchildrensstudy.gov.
NIH
Consultation Meeting on Peer Review with Professional Societies:
On July 30, 2007,
the Peer Review Working Group of the Advisory Committee to the Director of
the National
Institutes of Health (NIH) hosted a consultation meeting with professional
societies on the NIH peer
review process. Dr Elias Zerhouni, Director of the NIH, and Drs. Keith
Yamamoto and Lawrence
Tabak, Co-Chairs of the Peer Review Working Group, were the moderators.
Renée Jenkins, MD,
President-Elect of AAP; Phyllis Dennery, MD, President of SPR; Tina Cheng,
MD, President-Elect
of APA; and Elizabeth Goodman, MD, liaison to the AAP’s Committee on
Pediatric Research,
representing the Society for Adolescent Medicine; and PPC Washington
Office staff represented
the pediatric and adolescent health community at the meeting.
Participants commented on a
variety of topics, including who should serve on study sections, how the
review process should be
structured, how the burden on reviewers can be decreased, and how the
plethora of NIH grant
mechanisms can be consolidated or simplified to streamline the review
process. Individuals may
submit comments on the peer review process via the web at:
http://grants.nih.gov/grants/guide/rfi_files/rfi_peer_review_add.htm
until September 7. In addition,
three consultation meetings have been scheduled across the country - on
September 12 in
Chicago, October 8 in New York City and in San Francisco on October 25.
Registration for these
local meetings is available at
http://enhancing-peer-review.nih.gov/.
PPC member societies
are
encouraged to participate in these local meetings.
Comments on NIH
National Center for Research Resources (NCRR) Strategic Plan:
On July
6, the National Institutes of Health (NIH)
National Center for Research Resources (NCRR)
published a notice in the Federal Register requesting comments and
input as it develops a new
Strategic Plan covering 2009 - 2013. The purpose of the plan is to ensure
that NCRR remains
responsive to the emerging needs of biomedical researchers and provides
them with the
infrastructure, tools, and training they need to understand, detect,
treat, and prevent a wide range
of diseases. The NCRR requested input from biomedical scientists to define
future needs for
shared research resources and technologies that facilitate NIH-supported
biomedical research. The
PPC submitted written comments to the Director of the NCRR noting the
importance of the
opportunity to submit comments to the strategic plan while expressing
concern that the current
configuration and focus of the Clinical and Translational Science Award (CTSA)
program on
“institution-specific awards” may bring unintended consequences and
potentially jeopardize
pediatric clinical research. Individual members
of the societies that comprise the PPC were
encouraged to provide comments online at:
http://www.ncrr.nih.gov/strategicplan.
The deadline for
input is August 24.
Stem Cells:
For the second time in two years, President Bush vetoed the
Stem Cell Research
Enhancement Act of 2007, S. 5, on June 20, 2007. This legislation
would expand the number of
stem cell lines that are eligible for federal funding and allow federal
funding for research using stem
cells derived from embryos originally created for fertility treatments and
willingly donated by
patients. Currently, federal funding for embryonic stem cell research is
allowed only for research
using embryonic stem cell lines created on or before Aug. 9, 2001, under a
policy announced by
President Bush on that date.
On the day
following the veto, June 21, the Senate Appropriations
Subcommittee on Labor, Health
and Human Services, Education, and Related Agencies, attached a stem cell
provision to the L-
HHS-E Appropriations bill that would allow federal funding for embryonic
stem cell research if the
embryos were derived before June 15, 2007, while adding ethical guidelines
for such research. No
such provision was included in the House L-HHS-E Appropriations bill. It
is doubtful at the time of
this writing, that this provision will remain in the final version of the
FY 2008 L-HHS-E
Appropriations Bill.
Genetic Information
Nondiscrimination Act (GINA): H.R. 493/ S.358 The Genetic
Information
Nondiscrimination Act (GINA) was reintroduced in the House of
Representatives and the Senate in
January. The House bill passed by a vote of 420-3 on April 25. The
Senate bill still awaits a vote
on the Senate floor. A vote had been scheduled to occur prior to
adjournment for the August
congressional recess; however, Senator Tom Coburn (R-OK) placed a hold on
the legislation
delaying such a vote from moving forward.
GINA
prohibits discrimination on the basis of genetic information
with respect to health insurance
and employment. Its purpose is to establish basic legal protections that
will enable and encourage
individuals to take advantage of genetic screening, counseling, testing,
and new therapies that will
result from the scientific advances in the field of genetics. The
legislation also prevents health
insurers from denying coverage or adjusting premiums based on an
individual's predisposition to a
genetic condition, and prohibits employers from discriminating on the
basis of predictive genetic
information. Additionally, GINA would stop both employers and
insurers from requiring applicants
to submit to genetic tests, maintain strict use and disclosure
requirements of genetic test
information, and impose penalties against employers and insurers who
violate these provisions.
The Public Policy Council continues to strongly support genetic
nondiscrimination legislation.
Agency For Healthcare Research And Quality
(AHRQ):
The Friends of AHRQ, that includes
APS, SPR, and AMSPDC as member organizations, urged the House and Senate
Appropriations
Committees to include $350 million for AHRQ in the FY 2008 spending bill.
AHRQ received $319
million in FY 2007, while President Bush requested $329.6 million for the
Agency in his FY 2008
Budget. Both the House-passed bill and the Senate Appropriations
Committee followed the
President’s lead, providing $329.6 million for AHRQ for FY 2008. Out of
this total, both the House
and Senate Committees allocated $30 million for comparative effectiveness
research and $78.9
million for patient safety initiatives. At this time, the long overdue
reauthorization of AHRQ is not
on the agenda of either the House or Senate.
PEDIATRIC
DRUGS AND MEDICAL DEVICES
The Best
Pharmaceuticals for Children Act (BPCA) and the Pediatric
Research Equity Act
(PREA): The PPC strongly supports the reauthorization of BPCA and
PREA, which have been
remarkably effective in generating important information on pediatric
drugs. Both laws will expire
on September 30 unless reauthorized by Congress. PREA gives FDA the
authority to require
pediatric studies of drugs for the on-label indication. When PREA was
codified in 2003, it for the
first time established the presumption that certain new drugs and
biologics must be tested for
children and be produced in formulations appropriate for children. BPCA
provides an incentive to
drug manufacturers of an additional six months of marketing exclusivity
for conducting pediatric
studies of drugs that FDA determines may be useful to children. Under
BPCA, the FDA can issue
requests for pediatric studies on both on- and off-label uses of drugs.
The pediatric
community has been working closely with leaders in the House and
Senate to
improve and reauthorize these laws. Rep. Eshoo (D-CA) championed BPCA and
PREA in the
House and Senators Dodd (D-CT) and Clinton (D-NY) championed BPCA and PREA,
respectively,
in the Senate. The modifications the pediatric community advocated for
improve the transparency
of the programs while ensuring that BPCA and PREA work well together as an
integrated package
to improve pediatric drug information. Working closely with the AAP, the
PPC and other partners
have also sought to enhance postmarket adverse event reporting as well as
the speed and quality
of label changes. The PPC joins the Academy in supporting making PREA a
permanent
requirement by eliminating its sunset and is also on record supporting a
BPCA exclusivity
adjustment for blockbuster drugs that will reduce consumer costs without
reducing the strength of
the incentive.
BPCA and PREA were
considered in the House and Senate in the context of a large FDA
package
that included the reauthorization of the Prescription Drug User Fee Act
and drug safety legislation.
The House FDA bill, The Food and Drug Administration Amendments Act of
2007 (H.R. 2900),
was sponsored by Rep. Dingell (D-MI), while the Senate FDA bill, The
Food and Drug
Administration Revitalization Act of 2007 (S. 1082) was introduced by
Senators Kennedy (D-MA)
and Enzi (R-WY). The Senate passed its FDA bill on May 9 by a vote of
93-1, and the House
passed its version on July 11, 403-16.
The House and
Senate are currently trying to reach an agreement to reconcile
the differences
between the two versions of the bill. The pediatric community is working
to encourage Congress
to keep the PREA permanency established in the House bill and eliminate a
provision in the
Senate bill that would put 3up roadblocks to using PREA for already
marketed drugs. Although
Congress was not able to finish the reauthorizations before the August
recess, it will almost
certainly finish this work in September to avoid the expiration of the
Prescription Drug User Fee
Act that would result in massive layoffs of drug approval personnel at
FDA.
Pediatric
Medical Device Legislation: There are too few critical
medical devices designed
specifically with children’s needs in mind. Like adults, children need
medical devices that are
safe, effective and designed for their needs. The Pediatric Medical
Device Safety and Improvement
Act (S. 830/H.R. 1494) provides assistance to device innovators,
elevates pediatric device issues
and improves incentives for devices for small markets while preserving the
ability to ensure the
safety of new products once on the market. The legislation has been
endorsed by APS, SPR, and
AMPSDC. Specifically, the legislation, sponsored in the Senate by Sen.
Dodd (D-CT) and in the
House by Reps. Markey (D-MA) and Rogers (R-MI), would provide incentives
to the medical device
industry to produce new pediatric devices by lifting restrictions on
profit from the Humanitarian
Device Exemption (HDE). It would create new consortia to stimulate device
development from idea
to marketplace. The bill would also give FDA additional regulatory
mechanisms to track pediatric
device needs as well as provide increased postmarket surveillance for
adverse events in children as
recommended by IOM.
APS, SPR, and
AMSPDC, working in concert with the Academy, were successful in
making sure
that the pediatric device bill was considered alongside the must-pass
medical device user fee
reauthorization. Both of these device provisions were included in the
omnibus FDA reform bills (S.
1082/H.R. 2900) passed this year by the House and Senate. Negotiators in
both chambers are
currently working to reconcile differences between the House and Senate
device portion of the FDA
bill. A conference report and final passage of the bill are expected in
September before the
expiration of the user fee bills.
PEDIATRIC
WORKFORCE
GME Financing for Children’s
Hospitals (CHGME)–Appropriations:
Children’s Hospitals GME
is currently funded at $297 million. The President’s FY 2008 Budget
request for CHGME was a
mere $110 million—a 63% cut. The PPC, working under the leadership of the
National
Association of Children’s Hospitals (NACH) in conjunction with the Academy
and others, urged the
House and Senate Appropriations Committees to increase funding for the
CHGME program to
$330 million for FY 2008.
However, despite
these efforts, when the Senate
Appropriations Committee approved their FY 2008
Appropriations bill, they had cut CHGME by 33% - from $297 million to $200
million. CHGME
fared far better in the House, where the House Appropriations Committee
allocated and the House
approved $307 million for the program. Members of the pediatric academic
societies are urged to
call members of the Senate and advocate for the higher House FY 2008
allocation--$307 million—
for this vitally important program.
Title VII
Health Professions Program and Title VIII Nursing Professions
Program –
Appropriations: The APS, SPR, and AMSPDC continue to participate
in and support the
advocacy efforts of the Health Professions and Nursing Education Coalition
(HPNEC), led by the
AAMC. The coalition supports adequate funding for the Title VII Health
Professions Training
Programs and the Title VIII Nursing Programs. This has been a
particularly challenging task over
the past several years as Title VII has received substantial funding cuts
year after year. In FY
2005, Title VII received a final appropriation of $300 million. However,
in FY 2006 and FY 2007
funding was slashed. Current funding stands at $185 million.
Congress has not
been the only obstacle to fully funding Title VII. President
Bush’s Budget
requests have repeatedly recommended funding only the Scholarships for
Disadvantaged Students
program (SDS)—at $10 million—with no funding whatsoever for the myriad of
other programs,
including primary care medicine, that make-up Title VII. This pattern
continued in the
Administration’s FY 2008 budget proposal.
In its FY 2008
bill, the House-passed L-HHS-E Appropriations bill allocated
$228.3 million to Title
VII, while the Senate Appropriations Committee provided only $187.7
million. Both allocated $48.9
million to the “Primary Care Cluster,” Section 747. The overall Title VII
allocation in both
Committees fell far short of the $300 million request made by members of
HPNEC to at least
restore funding to FY 2005 levels. In particular, the Senate allocation
was disappointing, as 54
Senators—a bipartisan majority—joined a June 20 “Dear Colleague” letter
circulated by Senators
Jack Reed (D-RI) and Pat Roberts (R-KS) calling for a restoration of Title
VII funding to FY 2005
levels of $300 million. The FY 2008 letter included the signatures of 6
first time signers and 10
Appropriations Committee members. A similar letter was sent to House
Appropriators in March.
Representatives Diana DeGette (D-CO) and Cathy McMorris Rodgers (R-WA)
spearheaded the
effort behind the House letter, which was signed by 98 representatives.
In light of these
allocations, the pediatric community will continue to advocate
for increased funding
for Title VII throughout the FY 2008 appropriations process. To that end,
on September 12, a
group of pediatric residents from Johns Hopkins will participate in
HPNEC’s annual Capitol Hill
Day. During that event, the member organizations of HPNEC visit Capitol
Hill offices to advocate
for increased Title VII funding. In addition, HPNEC is currently
planning a February 2008 “Health
Professions Open House” for Capitol Hill staff.
Title
VII Health Professions Program—Reauthorization:
It remains to be seen what action, if any,
will take place during the 110th Congress on reauthorizing
Title VII. There has been some interest
by members of the Senate to move various parts of the Title VII program
forward, but other Senate
offices has expressed concern that a “piecemeal” approach to
reauthorization will further damage a
program already struggling for funds.
Physician Shortages:
In February, both the Senate and House introduced the bipartisan
Resident Physician Shortage Reduction Act, S. 588/H.R. 1093.
The legislation would increase the number of residency positions
for which Medicare payments will be made to teaching hospitals
in states with a shortage of resident physicians. Specifically,
the bill would allow teaching hospitals in states that have
resident physicians to 100,000 population ratios below the
national median, to be eligible to increase their resident caps,
pending an allocation method determined by the Secretary of
Health and Human Services. According to the bill's formula,
teaching hospitals in 24 states would be eligible to receive
additional resident cap slots. The Secretary is required to
take into account whether the hospital will be able to fill the
positions over a 3-year period, as well as whether the filled
positions will be in primary care, preventive medicine, or
geriatrics. The total number of additional cap slots granted to
teaching hospitals in each eligible state cannot exceed 25% of
the number of residents needed to increase that state to the
national median. Overall, approximately 1,200 additional cap
slots would be added to the national resident limit. Increases
in the number of positions eligible for federal funding would be
phased in over a 5-year period. The Senate bill has 8
cosponsors, while the House version has 46.
Student Loans:
In March, Rep. Phil English (R-PA) introduced the Higher
Education Affordability and Equity Act of 2007, H.R. 1407.
The bill would amend the Internal Revenue Code to expand certain
tax incentives for education. Among other provisions, the bill:
-
repeals the current $2,500
limitation on deductions of interest paid on qualified
educational loans;
-
increases the income levels that
trigger an eligibility phase out to between
$100,000-$115,000 ($200,000-$230,000 for joint returns); and
-
excludes amounts received as
part of a scholarship, fellowship or grant from taxable
income if used for qualified higher education expenses for
undergraduate and graduate students.
Loan
Deferment: Earlier this
year, Senator Chris Dodd (D-CT) introduced S. 1066, the
Medical
Education Affordability Act. The bill would revise regulations
regarding student loan repayment
deferment with respect to borrowers who are in postgraduate medical or
dental internship,
residency, or fellowship programs. Specifically, the legislation extends
the Economic Hardship
Deferment from 3 years to the length of a medical or dental residency.
The College Cost Reduction Act of
2007, H.R. 2669, which passed on the House floor on July 11
by a vote of 273 to 149 eliminates the maximum length of time for Economic
Hardship Deferment
completely, allowing resident physicians to postpone federal loan
repayments as long as they
qualify.
On
July 20, the Higher Education Access Act, also H.R. 2669,
passed on the Senate floor by a
vote of 78-18. The Senate version increases the cap on the Economic
Hardship Deferment from 3
years to 6 years.
Because of this and other differences
between the versions of H.R. 2669 passed by the House and
the Senate, the two bills must be reconciled and then approved again
before going to the President
for his signature. This process will not begin until after the August
congressional recess.
ACCESS TO HEALTH CARE
Reauthorization
of the State Child Health Insurance Program (SCHIP):
On August 1, the
House voted 225-204 to approve legislation, H.R. 3162, the Children’s
Health and Medicare
Protection Act, which would reauthorize the State Child Health
Insurance Program (SCHIP) and
make changes to the Medicare program. Five Republicans voted with 220
Democrats to pass the
measure, while 10 Democrats and 194 Republics voted against. SCHIP is set
to expire on
September 30. The legislation would increase SCHIP funding by $50 billion
over five years. The
House bill would reduce payments to Medicare Advantage plans and increase
the federal cigarette
tax by 45 cents per pack to boost funding. In order to meet “Pay as you
go” guidelines,
Democrats agreed to reduce the amount of funding allotted for bonuses to
states for enrolling
children in the program. Under the bill, states would have the option to
cover children of
documented immigrants and establish their own methods of verifying
citizenship. The PPC
supports the House legislation, which has been endorsed by a number of
organizations, including
the Academy, Republican and democratic governors, the AAMC, AARP, and the
AMA. In a veto
threat issued by the White House in response to the House bill, the
Administration called the
legislation a “wholesale, unapologetic move to government-run health care
for large classes of
children.”
On August 2,
the Senate passed, by a vote of 68-31, the Children’s Health
Insurance Program
Reauthorization Act of 2007, S. 1893/ H.R. 976. The 5-year, $35
billion reauthorization package
preserves the enrollment of 1.9 million beneficiaries who would likely
lose overage under current
funding levels, enrolls 1.6 million SCHIP-eligible children not yet in the
program, and expands
SCHIP eligibility to 1.1 million more children. The funding increase is
offset by a 61 cents per
pack increase in federal tobacco taxes and a series of SCHIP cuts
beginning in FY 2014. The
package reconfigures the SCHIP allotment formula, reduces to 2 years the
time states may
access their allotments before redistribution, and establishes an
“Incentive Bonus Pool” to fund
state Medicaid and SCHIP expansions that exceed “a defined baseline.” The
bill also establishes
a “Contingency Fund” for addressing state funding shortfalls, streamlines
the enrollment process,
permits coverage of prenatal care, and transitions SCHIP parents into new
block grants with
expenditures matched at the Medicaid level. Childless adults will be
transitioned out of the
program.
The House and
Senate must now reconcile their disparate SCHIP packages. This
process is set
to begin following the August congressional recess. The pediatric
community will be called upon
to work with all members of Congress to pass a comprehensive and
adequately funded SCHIP
reauthorization bill by or before September 30, 2007. At this time, the
key messages to convey to
Congress remain:
-
In the 10 years since it was enacted, SCHIP
and Medicaid have reduced the number of uninsured children
by more than one-third. Despite this, there are still 9
million uninsured children in America, the vast majority of
who are in families with jobs that do not offer their
children access to affordable coverage.
- Uninsured
children are twice as likely as insured children to miss
doctor visits and check-ups - and less likely to receive
care for illnesses such as sore throats, earaches and
asthma. When uninsured children go without needed care,
small health problems can grow into bigger ones.
- Pass SCHIP
legislation that contains the full $50 billion in new
funding to reach millions of the children who are eligible
for SCHIP or Medicaid but unenrolled.
- Any SCHIP
legislation must also strengthen and improve health care for
children by including a fair physician payment component,
addressing citizenship and documentation issues, and
strengthening pediatric quality measurement.
FY 2008 BUDGET &
APPROPRIATIONS
Following the
release of the President’s FY 2008 Budget proposal in February,
the House and
Senate drafted, debated and then finally completed their work on the FY
2008 Congressional
Budget Resolution (S. Con. Res. 21) in mid-May.
Congressional Budget Resolution:
The Conference Agreement
assumes $54.965 billion for
Function 550 discretionary health spending, $2.9 billion (5.5%) above last
year and $3 billion (5.8%
) above the President’s request. It sets the overall non-defense
discretionary spending cap at $450
billion, which is $23 billion above the final FY 2007 level and $21
billion above the President’s
request. The House approved the Conference Agreement by a vote of
214-209, while the Senate
cleared it 52-40. The Budget Agreement includes several non-binding,
deficit neutral reserve funds
for FY 2007 through FY 2012 to support, among other programs, the State
Children’s Health
Insurance Program (SCHIP). The Budget Resolution provides for “up to” $50
billion for SCHIP.
Senate L-HHS-E Appropriations
Bill: On June 21, the
Senate Appropriations Committee
approved its version of the FY 2008 Labor-HHS-Education Appropriations
Bill. The bill, which had
been approved by the Senate Labor-HHS-Education Appropriations
Subcommittee on June 19,
includes $29.9 billion for NIH, an amount that is described as an increase
of $1 billion (3.5%) over
the FY 2007 level. However, once a $300 million transfer from NIH to the
Global HIV/AIDS fund is
taken into account, the increase over FY 2007 in the NIH program level in
the Senate bill is $799
million (2.8%). This falls short of the projected 3,7% increase in the
Biomedical Research and
Development price Index (BRDPI) for FY 2008. The Senate Committee bill
also provides $329.6
million for the Agency for the Healthcare Research and Quality (AHRQ),
which is a $10.6 million
(3.3%) increase over last year. The bill cuts the Children’s Hospital
Graduate Medical Education
(CHGME) program by $97 million (3%) to $200 million. The Title VII Health
Professions Training
Programs are level funded at the FY 2007 level of $184.7 million and the
Title VIII Nursing
Programs are increased by $20 million to $169.7 million. It is currently
believed that the Senate
Committee’s bill may be reconciled with the House-approved bill (see
below) and may not be
brought to the Senate floor for a vote by the entire chamber by the start
of the new fiscal year –
October 1, 2007.
House L-HHS-E Appropriations
Bill: On July 18, the House
of Representatives passed its 2008
Labor-HHS-Education appropriations bill, H.R. 3043, by a vote of 276 to
140 following three days of
rancorous debate and votes on dozens of amendments to modify funding for
specific programs. A
total of 53 Republicans voted for the bill; the only Democrat to vote “no”
was Rep. Melissa Bean
(IL). Prior to the final floor vote, the APS, SPR and AMSPDC signed a
letter in support of the bill’s
passage, joining nearly 1100 education, training, disability, public
health, health and biomedical
research, aging and child welfare organizations, elected officials and
labor unions representing the
full range of stakeholders in the programs of the Departments of
Education, Health and Human
Services, and Labor. This was the culmination of an aggressive advocacy
campaign that included
the participation of the PPC to move the appropriations process forward to
ensure funding
increases in several programs. For NIH, the bill includes 29.650 billion,
an increase of $750 million
(22.6%) above the current year’s funding level and $1.029 (3.6%) above the
President’s request.
However, the bill also increase the amount of the transfer from NIH to the
Global HIV/AIDS fund
from $99 million in FY 2007 to $300 million in FY 2008, which means the
net increase in the NIH
budget is $549 million (1.9%) over FY 2007. The House bill provides
$228.3 million for the Title VII
Health Professions Training Programs, a $43.6 million (23.6%) increase
over FY 2007.
The
House defeated (181-249) an amendment offered by Rep. Joe Barton
(R-TX) to prevent funds
from the bill from being transferred from NIH under the Secretary’s
program evaluation authority. A
total of 19 Republicans, including most Republican members of the Labor-HHS-Education
Appropriations Subcommittee, joined 230 Democrats to vote against the
amendment; no
Democrats voted for it. Originally authorized in statute at 1.1 %,
appropriators have increased the
transfer authority in recent years to 2.4% of the budgets of NIH and other
HHS agencies. The
transferred funds are used to support approximately two-thirds of the
budget of the Agency for
Healthcare Research and Quality (AHRQ) as well as the National Center for
Health Statistics and
other programs at CDC and the Department of Health and Human Services.
Prior to final passage, the
House rejected by a vote of 206 to 213 a motion by Rep. Jerry
Lewis (R-
CA), the Ranking Member of the House Appropriations Committee, to recommit
the bill to the
Committee and a series of amendments offered by Republicans to cut the
bill across-the-board by
amounts ranging from 0.25% to 4.6%.
During House Appropriations
Committee mark-up, Rep. Dave Weldon (R-FL) introduced the
following amendment, which passed by voice vote and was included in the
final bill: “None of the
funds appropriated in this Act may be used to administer to any child
under 3 years of age an
influenza vaccine during the 2008-2009 influenza season for which
thimerosal is listed on the
labeling as an ingredient.” The pediatric community joined the public
health community in
aggressively opposing this amendment.
In a Statement of Administration
Policy (SAP) issued on July 17, the White House said it
“strongly
opposes H.R. 3043 because, in combination with the other FY 2008
appropriations bills, it
includes an irresponsible and excessive level of spending and includes
other objectionable
provisions.” The Administration noted that the House bill exceeds the
President’s FY 2008 funding
request by nearly $11 billion. The SAP also included a statement opposing
the Weldon
amendment: “The Administration strongly opposes any restriction on the use
of funds under
section 317 and the Vaccines for Children program to deliver flu vaccine
to children under three
years of age if it contains thimerosol. The provision could result in
children not receiving any flu
vaccine.” The Senate Appropriations Committee Bill is also opposed by the
Administration.
PANDEMIC
INFLUENZA
One-Year
Progress Report—
National Strategy for Pandemic Influenza Implementation Plan:
In July 2007, one year after the Bush Administration’s release
of its federal pandemic influenza
preparedness plan, the National Strategy for Pandemic Influenza
Implementation Plan, the White
House Homeland Security Council
reported that 86% percent of the plan tasks that were to be
completed by 2007 were finished. The remaining 14% were expected to be
completed by the end
of the year. The White House reported that the federal government still
has limited capacity to
detect a disease outbreak and track its progress across the country. The
nation also has little
extra capacity in its hospitals and other health care facilities to deal
with a huge surge in need that
would accompany a mass disease outbreak. Further, the government has
little ability to ensure
that during an outbreak, when many workers would stay home, limited
Internet capacity would go
to essential work and not to children playing video games. A White House
spokesperson also
said that a decision had been made to keep U.S. borders open if a pandemic
flu outbreak occurs
somewhere in the world. The Administration noted that a significant
remaining challenge is that
the country has grown tired of pandemic flu warnings. More information on
the National Strategy
for Pandemic Influenza can be found at:
http://www.whitehouse.gov/homeland/pandemic-influenza-
oneyear.html.
At-Risk Populations Listening
Session: On July 26, 2007,
the Interagency Committee on
Pandemic Influenza’s Work Group on Pandemic Influenza and At-Risk
Populations hosted a
listening session for non-governmental organizations to seek information
about gaps, barriers and
best practices for addressing the needs of at-risk populations in State
and local Pandemic
Influenza plans. The session was moderated by Dr. Daniel Dodgen, Human
Services Policy
Coordinator in the Office of the Assistant Secretary for Preparedness and
Response. Staff from
the PPC Washington Office attended the meeting and relayed some of the
pediatric community’s
concerns regarding children and pandemic influenza, such as the need for
further testing on the
use of N95 masks by children and the ramifications of prolonged school
closure on children’s
emotional and physical health and well-being.
EMERGENCY
MEDICAL SERVICES FOR CHILDREN
EMSC—Reauthorization:
The EMSC program’s authorization expired in late 2005,
but the
program has yet to be reauthorized. On the first day of the 110th
Congress, Senators Inouye (D-
HI) and Hatch (R-UT) introduced an EMSC reauthorization bill, S. 60, the
Wakefield Act.
Representatives Matheson (D-UT), Capps (D-CA) and King (R-NY) introduced a
companion bill,
H.R. 2464, in the House on May 23rd, National Emergency Medical
Services for Children Day. No
floor action has occurred in either chamber.
EMSC—Appropriations:
The President’s FY 2008 Budget once again zeroed-out
funding for the
EMSC program. In May, APS, SPR and AMSPDC joined a sign-on letter to
Senate and House
Appropriations Committee members urging that they provide $25 million for
the EMSC program in
FY 2008. In July, the House Appropriations Committee voted to restore
EMSC funding to the FY
2007 level of $19.8 million in FY 2008. Subsequently, during floor debate
on the House bill, Rep.
Reichert (R-WA) offered an amendment to add $2.5 million to the House
Committee’s allocation,
for a total of $22.3 million. The amendment passed. In June, the Senate
Appropriations
Committee allocated $20 million for EMSC in FY 2008. The Appropriations
Bill has not reached
the Senate floor.
HOW TO
CONTACT YOUR MEMBER OF CONGRESS:
Write:
The letter remains the most popular choice of communication with
congressional offices.
However, due to increased security on Capitol Hill, you must fax or e-mail
your letter, in lieu of
using traditional mail, in order to avoid extensive lag-time in the
receipt of your correspondence. If
you decide to write a letter, remember to be courteous, to the point, and
include key information
and personal examples to support your position. Address only one issue in
each letter and, if
possible, keep the length to one page.
To a Senator: To
a Representative:
The Honorable
(name)
The Honorable (name)
United States
Senate United States House of
Representatives
Washington,
DC 20510 Washington, DC
20515
Dear Senator ________: Dear
Representative ____:
Fax:
Fax numbers are available through the Capitol Hill
Switchboard (202) 224-3121, or you can
look up your members of Congress on “Thomas” the official website for
Congress, available at
http://thomas.loc.gov/,
by going to “House Directory” or “Senate Directory” from the
front page.
Call: You
can contact your Senators and Representative's offices by
calling the U.S. Capitol Hill
Switchboard at (202) 224-3121. If you do not know who your Representative
is, the switchboard
operator will be able to direct you to the proper office. Ask to speak to
the staff member who works
on health care issues. Be prepared to leave a very short message as well
as your name and
address. You can also call your legislators in their home districts; if
you are a member of the
American Academy of Pediatrics, information about local offices is
available on the AAP Member
Center website,
www.aap.org/moc. You can also go directly to
www.senate.gov or
www.house.gov
for this information.
E-mail: All
of members of Congress now have e-mail addresses, but there is
no set format for
them. On some members web sites there is a mechanism to directly email
most notably if you are
a constituent. We suggest calling the congressional office to get an
accurate e-mail address or
www.senate.gov
or
www.house.gov for this information. Be sure to identify, in
the subject line, that
you are a constituent along with the legislative topic of the email
correspondence.
HOW TO
CONTACT THE PRESIDENT
Write: The
Honorable George W. Bush
The White House
1600 Pennsylvania Avenue
Washington, DC 20500
Call: 202-456-1414
Fax: 202-456-2461
E-mail:
president@whitehouse.gov
AAP
FEDERAL ADVOCACY ACTION NETWORK (FAAN)
The Federal
Advocacy Action Network (FAAN) is comprised of all AAP members
for which, the
Academy has an email address. FAAN alerts are sent when federal
legislative efforts require
large-scale advocacy efforts by the Academy’s entire membership.
Coordinated
by the AAP Department of Federal Affairs, FAAN is a network of
AAP members who
help support federal legislative and regulatory activities from their
position as constituents. FAAN
members play an important role in passing federal legislation that
benefits children and
pediatricians.
The AAP
Department of Federal Affairs gives FAAN members the information
and tools needed to
persuade their legislators. The Members Only Channel (http://www.aap.org/moc)
has tools to
make advocacy work easy. Find the names of congressional representatives,
contact legislators
via e-mail, read about congressional activity, and register to become a
Key Contact.
If you have
questions about the FAAN or if you have not been receiving FAAN
alerts, please
contact Priscilla Ring, AAP Department of Federal Affairs,
pring@aap.org, or (800) 336-5475, ext.
3304.
AAP KEY CONTACT
PROGRAM
If AAP
members want to do more federal advocacy than responding to the
FAAN alerts, we
encourage pediatricians to join the AAP Key Contact program. Key Contacts
have an interest in
developing a stronger working relationship with their congressional
delegation, and usually work
on several AAP legislative issues. Key Contacts are contacted on a
regular basis (approximately
once a month when Congress is in session). Key contacts receive all the
latest information and
news, advocacy tips and tools, suggestions for improving relationships
with members of Congress
and more sophisticated advocacy assignments, such as media work and
congressional visits (all
with help from AAP staff).
To sign up
to be an AAP Key Contact, log on to
http://www.aap.org/moc
(Member Login required,
use your AAP member id, it can be found on the AAP News or Pediatrics
mailing label) and click
on “Federal Affairs." For more information on the Key Contact program,
contact Priscilla Ring,
AAP Department of Federal Affairs, 800-336-5475, ext. 3304, or
pring@aap.org.
***
PUBLIC
POLICY COUNCIL MEMBERS
APS
Myron Genel, MD; Jimmy Simon, MD
SPR Thomas Green, MD; Elena Fuentes-Afflick, MD, MPH
AMSPDC Russell Chesney, MD; Jon Abramson, MD
***
Report
Submitted By:
Myron Genel, MD, Chairman
Karen M. Hendricks, JD, Washington Coordinator
Stephanie Russell, JD, Legislative Assistant
Additional
information and resource material on these and other pediatric
and child health issues
are available from: Washington Coordinator, Karen M. Hendricks, JD (KHendricks@aap.org)
or
Stephanie A. Russell, JD, (SRussell@aap.org).
Public Policy
Council
c/o American Academy of Pediatrics
601 13th Street, NW
Suite 400 North
Washington, D.C. 20005
Phone: 800/336-5475 or 202/347-8600; Fax: 202/393-6137
Please visit the Public Policy Council on
the web at
www.aps-spr.org
August
22, 2007