Congressional Affairs (Prepared May 8, 2006)

BUDGET FY 2007

The FY 2007 program level for the NIH is $28.587 million, the same as the FY 2006 program level. The President's Budget Request for NIDA for FY 2007 is $994,829,000, a decrease of $5.2 million, or .5%, from the FY 2006 enacted level.

HEARINGS, BRIEFINGS, AND EVENTS OF INTEREST

House Hearing on Drug Abuse Treatment in the Criminal Justice System

On February 8, 2006, the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security held a hearing titled "An Examination of Drug Treatment Programs Needed to Ensure Successful Re-Entry." This hearing was designed in part to assist the committee as it considers legislation such as H.R. 1704, the Second Chance Act, which focuses on the need for addiction treatment services for individuals in correctional facilities and in the community.

Witness testimony was provided to the Subcommittee by NIDA Director Dr. Nora Volkow; Ken Batten, Director of the Office of Substance Abuse Services at the Virginia Department of Mental Health, Mental Retardation & Substance Abuse Services; Pamela Rodriguez, Executive Vice President of Treatment Alternatives for Safe Communities (TASC, Inc); and Lorna Hogan, Associate Director of Sacred Authority at The Rebecca Project for Human Rights.

Dr. Volkow spoke to the Subcommittee about addiction as a disease of the brain and how drug addiction affects the decision-making process. Noting the extremely high prevalence of incarcerated individuals in need of drug addiction treatment, Dr. Volkow framed in-prison treatment and aftercare as providing a tremendous opportunity to help individuals to become healthy. Dr. Volkow spoke about the importance of providing aftercare to individuals once they leave incarceration and about how effective drug treatment is in reducing the likelihood that the individual will recidivate.

Prescription Drug Abuse Congressional Briefing Sponsored by the Friends of NIDA

On February 23, 2006, The Friends of NIDA Coalition sponsored a Congressional briefing titled, "Prescription Drug Abuse - An Emerging Public Health Threat." The briefing was very well attended by Congressional staff and constituent group representatives, and featured as speakers NIDA Director Dr. Nora Volkow; Dr. Carol Boyd, Director, Institute for Research on Women and Gender, University of Michigan; and Nick, a young man in recovery from prescription drug abuse.

Dr. Volkow reviewed the extent of the prescription drug abuse problem in the United States; the impact nonmedical use of prescription drugs has on the brain; and NIDA's agenda to further research and understand all of these issues to help develop prevention and treatment approaches. Dr. Volkow's presentation is available at http://www2.apa.org/ppo/volkow22306.ppt.

Dr. Boyd focused her presentation on surveys regarding the nonmedical use of prescription drugs by secondary and college students. Her presentation is available at http://www2.apa.org/ppo/boyd22306.ppt.

Nick, a young man in recovery from prescription drug abuse, courageously told his compelling story of becoming addicted to Vicodin and OxyContin. He noted that over time, he also became addicted to heroin and found that he no longer recognized his life. Nick also spent time in the criminal justice system and was at one point pronounced dead in an emergency room. At that point, Nick said that he chose to muster his strength to dedicate himself to a treatment regimen that included the medication buprenorphine as an adjunct to counseling. Since then, Nick said that he is growing stronger every day and is appreciative of the opportunity to be an active and important part of society.

Nick was asked to review for the audience core "take home messages." Nick called on a strong investment in prevention programming - from the elementary grades through high school. In addition, he explained that addiction "does not discriminate" and noted that the treatment protocols made possible through the research at NIDA literally saved his life.

Senate Hearing on Methamphetamine in Indian Country

On April 5, 2006, the Senate Indian Affairs Committee held a hearing titled "The Problem of Methamphetamine in Indian Country." The hearing focused on the widespread problem of methamphetamine use and addiction in Tribal communities, and featured as witnesses: William Ragsdale, Director of the Bureau of Indian Affairs at the U.S. Department of the Interior; Robert McSwain, Deputy Director of the Indian Health Service; Matthew H. Mead, U.S. Attorney's Office District of Wyoming; Kathleen W. Kitcheyan, Chairwoman of the San Carlos Apache Tribe; Jefferson Keel, First Vice President of the National Congress of American Indians; Gary L. Edwards, Chief Executive Office of the National Native American Law Enforcement Association; and Karrie Azure, Grant Coordinator of the United Tribes Multi-Tribal Indian Drug and Alcohol Initiative.

Witness testimony focused on the severe problem of methamphetamine use and addiction among young people and adults in Tribal communities, and the need for additional support for education, prevention and treatment services. In offering recommendations to the Committee, a number of witnesses spoke in favor of increasing funds for drug use prevention and addiction treatment programs through the Indian Health Service and the Substance Abuse and Mental Health Services Administration, increasing the number of culturally competent programs for Tribal members, and improving the collaboration and coordination among the various Tribal, state and federal agencies.

Senate Hearing on Methamphetamine and Child Welfare System Issues

On April 25, 2006, the Senate Finance Committee held a hearing titled "The Social and Economic Effects of the Methamphetamine Epidemic on America's Child Welfare System." The Senate Finance Committee has jurisdiction over Medicaid, Medicare, child welfare financing and the Temporary Assistance to Needy Families (TANF) program.

Witnesses providing testimony to the Committee included: Allison Bruno, a mother in recovery from addiction to methamphetamine; Aaronette and Darren Noble, parents in recovery from addiction to methamphetamine and their son, Joey Binkley; Kevin T. Frank, Regional Administrator for the Department of Public Health and Human Services, Child and Family Services Division in South Central Montana; Nancy K. Young, Ph.D., Director of Children and Family Futures, Inc. at the National Center on Substance Abuse and Child Welfare; and Reverend Frederick Aigner, Ph.D., President/CEO of Lutheran Social Services of Illinois.

Ms. Bruno and Mr. and Mrs. Noble all spoke about their successful experiences in drug addiction treatment. Each of these panelists noted that the ability for their children to also receive services, and the presence of a comprehensive array of services for all of their family members, were key to their recovery process. Mr. Binkley spoke about his parents becoming healthy through addiction treatment services that were offered to his entire family. In response to a question by Senator Grassley on availability of treatment, Ms. Bruno spoke about waiting lists and particularly the number of women with families who are trying to get into treatment programs that also provide comprehensive services to their family members. Ms. Noble spoke about the importance of services to support individuals in recovery. Mr. Noble spoke about the need for treatment to be more accessible, and about the need to educate parents about addiction so that they can see the signs and help their children. In response to a question by Senator Baucus about the importance of prevention programming, Ms. Bruno emphasized that school-based prevention programs are critical to educating young people about how drugs affect and harm the body.

Dr. Young spoke about how, although emphasis has been placed on fighting methamphetamine, the problems with addiction in the United States are not a single-drug issue. In discussing the need for drug treatment services, Dr. Young cited the extremely high number of people who need such services but are not able to receive them. In response to a question from Senator Grassley about the large number of women who use and become addicted to methamphetamine, Dr. Young spoke about the need to understand that trauma, abuse and domestic violence are often significant factors and that addressing these needs with addiction treatment and mental health services is critical. In his comments, Mr. Frank emphasized that addiction to methamphetamine and other drugs affects people across socio-economic lines. Mr. Frank also spoke of the importance of education and awareness efforts about the dangers of methamphetamine and other drugs, and of the importance of collaboration between community agencies and groups. Reverend Aigner spoke about the need for additional resources to support drug addiction treatment programs, particularly in rural parts of his state of Illinois, so that individuals receiving treatment services could remain in treatment for longer periods of time where appropriate. Discussing the child welfare system and the role of methamphetamine, Reverend Aigner spoke about the need for addiction counselors to work on child welfare services teams and for more training money to be provided to assist children of people with addiction histories.

Materials from this hearing, including webcast and full witness testimony and Committee member statements, can be found at: http://finance.senate.gov/hearings/hearing/?id=4a8416cc-bdb9-86e6-ffa4-96fbcf5236a2.

PASSED BILLS OF INTEREST — 109th Congress

H.R. 3 - This law was originally introduced by Representative Young (R-AK) as the "Transportation Equity Act: A Legacy for Users," a bill to authorize funds for federal aid for highways, highway safety programs, and transit programs. The original House version of this bill included language (Section 2013 "Drug Impaired Driving Research and Prevention Act") that would require the development of a model statute for States relating to drug impaired driving. The model would include threshold levels of impairment for a controlled substance; methods for detecting the presence of controlled substances; and penalties for drug impaired driving. It would be based on recommendations contained in a report to be developed by NIH and submitted to Congress not later than 18 months after the date of enactment. The final version of the law maintains the requirements for model statute development, and for a report to be developed on the problem of drug-impaired driving. The Secretary of Transportation will develop the report, "in cooperation with the National Institutes of Health." The President signed the bill into law (109-59) on August 10, 2005.

H.R. 2520/S. 1317 - On December 20, 2005 the President signed into law, as Public Law 109-129, the Stem Cell Therapeutic and Research Act of 2005. H.R. 2520 passed the House on May 24, 2005. An amended version passed the Senate on December 16, 2005 and the House on December 17, 2005. The bill does not have a direct impact on NIH. It would require the Secretary of HHS, acting through the Director of the Health Resources and Services Administration, to establish the C.W. Bill Young Cell Transplantation Program, a network of cord blood banks to facilitate the use of cord blood for transplantation purposes. Cord blood units that are collected, but not appropriate for clinical use, would be required to be made available for peer-reviewed research.

H.R. 3199 - On March 2, 2006, the full Senate approved the conference report for H.R. 3199, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005. The House of Representatives approved the final legislative package on March 8, 2006. Provisions from the "Combat Meth Act," the "Drug Courts Improvement Act," and "The Meth Epidemic Elimination Act" were included in the legislation, which was signed into law (P.L. 109-177) by the President on March 9, 2006.

This law imposes federal regulations on the sale of products containing pseudoephedrine by requiring stores to keep medications with pseudoephedrine behind the counter and by requiring purchasers of the medication to show photo identification and sign a log. In addition, individuals are restricted from buying more than 3.6 grams per day and 9 grams per month of pseudoephedrine. The law does not preclude states from adopting or enforcing regulations or penalties more strict than those in the federal law.

The law also creates a sentencing enhancement for individuals convicted of manufacturing, distributing, or possessing with the intent to manufacture or distribute, methamphetamine on a premises where children reside. Under this provision, in addition to any other sentence imposed, another sentence of imprisonment for a period up 20 years, a fine or both would be applied. The Attorney General is authorized under the bill to award grants to States, territories, and American Indian tribes to address use of methamphetamine among pregnant and parenting women in the criminal justice system by facilitating or enhancing collaboration between the criminal justice, child welfare and State substance abuse systems.

S. 45/H.R. 869 - Senator Carl Levin (D-MI) in the Senate and Representative Mark Souder (R-IN) in the House introduced identical bills to amend the Controlled Substances Act to lift the patient limitation on prescribing drug addiction treatments by medical practitioners in group practices, and for other purposes. Both the House and Senate passed their bills and the President signed it into law (P.L. 109-56) on August 2, 2005. This law will impact practices that prescribe buprenorphine products for treatment of opiate addiction, making the medication available to more patients across the country.

S. 518/H.R. 1132 - Senator Sessions (R-AL) in the Senate and Representative Whitfield (R-KY) in the House introduced identical bills, the "National All Schedules Prescription Electronic Reporting Act of 2005." This law (P.L. 109-60) will provide for the establishment of a controlled substance monitoring program in each State; it was signed by the President on August 11, 2005.

H.R. 2829 - On March 9, 2006, the House passed this bill, legislation to reauthorize the Office of National Drug Control Policy (ONDCP). The bill enhances certain current ONDCP functions, and does not address the banning and testing for anabolic steroids in professional sports. A number of amendments to the legislation were offered during consideration on the House floor. Successful amendments to the original bill text will:

• Require the ONDCP Director to complete an assessment of report materials, studies, and statistics to determine the extent to which children who are 12 to 17 years of age (a) experiment with and regularly use marijuana, alcohol, cigarettes, prescription drugs without a prescription, designer drugs such as ecstasy, other illicit drugs such as cocaine, and (b) have access to intervention services or programs, including drug testing, counseling, rehabilitation, legal representation and other services or programs associated with prevention, treatment and punishment of substance abuse.
• Require the ONDCP Director to submit to Congress a comprehensive strategy that addresses the increased threat from methamphetamine.
• Require the ONDCP Director to provide for a corporation to (a) advise States on establishing laws and policies to address alcohol and other drug issues, based on the model State drug laws developed by the President's Commission on Model State Drug Laws in 1993, and (b) revise such model State drug laws and draft supplementary model State laws to take into consideration changes in the alcohol and drug abuse problems in the State involved.
• Require the ONDCP Director to request the Institute of Medicine to conduct a study to examine certain aspects of addiction to prescription drugs such as OxyContin.
• Require the ONDCP Director to conduct a study on drug court programs that conduct hearings in nontraditional public places such as schools.
• Direct the ONDCP Director, in consultation with the Secretary of State, the Attorney General, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the United States Trade Representative, to seek to convene an international summit on the threat of methamphetamine and synthetic drug precursors.

H. Res. 556 - On April 6, 2006, the House passed a resolution stating that (1) a National Methamphetamine Prevention Week should be established to increase awareness of methamphetamine and educate the public on effective ways to help prevent methamphetamine use at the international, Federal, State, and local levels; and (2) the people of the United States and interested groups should be encouraged to observe National Methamphetamine Prevention Week with appropriate ceremonies and activities.

BILLS OF INTEREST - SENATE

[For the full text and additional information about any bill, go to the Library of Congress website at http://thomas.loc.gov]

S. 103 - Senator Talent (R-MO) introduced on January 24, 2005 the "Combat Meth Act of 2005," a bill to respond to the illegal production, distribution, and use of methamphetamine in the United States, and for other purposes. See above, H.R. 3199, for final disposition.

S. 259 - Senator Johnson (D-SD) introduced on February 2, 2005 a bill to require that federal forfeiture funds be used, in part, to clean up methamphetamine laboratories. Committee: Judiciary.

S. 399 - Senators Coleman (R-MN) and Feinstein (D-CA) introduced on February 16, 2005 the Internet Pharmacy Consumer Protection Act, to amend the Federal Food, Drug, and Cosmetic Act with respect to the sale of prescription drugs through the Internet, and for other purposes. Committee: Health, Education, Labor, and Pensions.

S. 408 - Senator DeWine (R-OH) introduced on February 16, 2005 the "STOP Underage Drinking Act." In part, the bill would authorize the Director of ONDCP to award "enhancement grants" to eligible entities to design, test, evaluate and disseminate strategies to maximize the effectiveness of community-wide approaches to preventing and reducing underage drinking. Committee: Health, Education, Labor and Pensions. Related Bills: See H.R. 864.

S. 521 - Senator Hutchison (R-TX) introduced on March 3, 2005 the "Hepatitis C Epidemic Control and Prevention Act," a bill to amend the Public Health Service Act to direct the Secretary HHS to establish, promote, and support a comprehensive prevention, research, and medical management referral program for hepatitis C virus infection. Committee: Health, Education, Labor and Pensions. Related Bills: See H.R. 1290.

S. 537 - Senator Bingaman (D-NM) introduced on March 7, 2005 the "Child Healthcare Crisis Relief Act" a bill to increase the number of well-trained mental health service professionals (including those based in schools) providing clinical mental health care to children and adolescents, and for other purposes. Committee: Health, Education, Labor and Pensions. Related Bills: See H.R. 1106.

S. 538 - Senator Biden (D-DE) introduced on March 7, 2005 the "Health Professionals Substance Abuse Education Act." In introductory remarks, he explained that the bill would do three things for each of the fiscal years 2006 thru 2010: (1) authorize $9 million in grants to train medical generalists to recognize substance abuse and know properly how to refer patients and their families for treatment; (2) authorize $6 million to fund a faculty fellowship program at educational institutions to teach courses on substance abuse, incorporate substance abuse issues into required courses, and educate health professionals about matters involving non-therapeutic uses of prescription medications; and (3) authorize $6 million to establish centers of excellence at medical centers or universities to initiate and implement training, research and clinical activities related to special focal areas of substance abuse, and provide opportunities for interdisciplinary collaboration in curriculum development, clinical practice, research and policy analysis. Committee: Health, Education, Labor and Pensions.

S. 550 - On September 21, 2005, former Senator John Corzine (D-NJ) introduced S. 550, the Microbicide Development Act, to facilitate the development of microbicides for preventing transmission of HIV and other diseases, and for other purposes. Research provisions would require the Director of the NIH Office of AIDS Research to: 1) expedite implementation of a Federal microbicide research and development strategic plan, 2) expand, intensify and coordinate the relevant activities of appropriate NIH research components, and 3) prepare and submit, within six months of enactment and annually thereafter, a report to Congress on Federal microbicide research implementation strategies. The bill would also require the Director of NIAID to establish a microbicide development unit within its Division of AIDS. The measure also contains provisions for relevant activities at the CDC and the U.S. Agency for International Development. Committee: Health, Education, Labor and Pensions. Related bill: H.R. 3854.

S. 666 - Senator DeWine (R-OH) introduced on March 17, 2005 the "Family Smoking Prevention and Tobacco Control Act," a bill to protect the public health by providing the FDA with certain authority to regulate tobacco products. Committee: Health, Education, Labor and Pensions.

S. 803 - Senators Norm Coleman (R-MN) and Hillary Rodham Clinton (D-NY) introduced on April 14, 2005 the "Help Expand Access to Recovery and Treatment Act of 2005," to provide parity with respect to substance abuse treatment benefits under group health plans and health insurance coverage. Committee: Health, Education, Labor and Pensions. Related Bills, see H.R. 1258.

S. 884 - Senator Cantwell (D-WA) introduced on April 25, 2005 the "Methamphetamine and Identity Theft Study Act of 2005," instructing the Attorney General to conduct a study evaluating whether there is a connection between the commission of crimes involving methamphetamine and the commission of identity theft crimes. Committee: Judiciary.

S. 927 - Former Senator Corzine (D-NJ) introduced on April 27, 2005 the "Medicare Mental Health Modernization Act of 2005," which would amend Title XVIII of the Social Security Act to expand and improve coverage of mental health services under the Medicare program. Committee: Finance. Related Bills: See H.R. 1946.

S. 1051 - Senator Dodd (D-CT) introduced on May 17, 2005 the "Children and Family HIV/AIDS Research and Care Act of 2005," to amend the Public Health Service Act to reauthorize and extend certain programs to provide coordinated services and research with respect to children and families with HIV/AIDS. Committee: Health, Education, Labor, and Pensions.

S. 1332 - On June 29, 2005, Senator Arlen Specter (R-PA) introduced S. 1332, the Personal Data Privacy and Security Act of 2005. Of specific interest to NIH, the measure would prohibit the display, sale or purchase of Social Security numbers (SSNs) to third parties without an individual's informed consent. Exemptions are included for public health and research conducted for the purpose of advancing public knowledge. Researchers would be required to provide adequate assurances that the SSNs will not be used inappropriately, and that there are safeguards to protect the privacy and confidentiality of any information about individuals. S. 1332, which has two cosponsors, was placed on the Senate Legislative Calendar under General Orders.

S. 1334 - On June 29, 2005, Senator Bunning (R-KY) introduced the "Professional Sports Integrity and Accountability Act," to provide for integrity and accountability in professional sports. In late September, the Commerce, Science and Transportation Committee held a hearing to discuss the bill. Committees: Finance; Commerce, Science and Transportation.

S. 1436 - On July 20, 2005, Senator Mike DeWine (R-OH) introduced S. 1436, the Campus-Based Underage Alcohol Use Reduction Act. The bill would require the Secretary of Education to award grants to reduce the rate of underage alcohol use and binge drinking among students at institutions of higher education. Committee: Health, Education, Labor, and Pensions.

S. 1722 - On September 19, 2005, Senator Lisa Murkowski (R-AK) introduced S. 1722, the "Advancing FASD Research, Prevention, and Services Act." This legislation would amend the Public Health Service Act to reauthorize and extend the Fetal Alcohol Syndrome prevention and services program. S. 1722 would require the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and in coordination with the Interagency Coordinating Committee on Fetal Alcohol Syndrome to establish a research agenda for Fetal Alcohol Spectrum Disorders (FASD) and award grants, contracts, or cooperative agreements to public or private nonprofit entities to pay all or part of carrying out research under such agenda. Committee: Health, Education, Labor, and Pensions. Related bill HR 4272.

S. 1934 - On October 27, 2005, several cosponsoring Senators introduced the "Second Chance Act of 2005: Community Safety Through Recidivism Prevention." of 2005," which would reauthorize the grant program of the Department of Justice for reentry of offenders into the community, to establish a task force on Federal programs and activities relating to the reentry of offenders into the community, and for other purposes. Committee: Judiciary. Related bill: see H.R.1704.

S. 1960 - On November 3, 2005, Senator Jim Bunning (R-KY) introduced S. 1960, the Integrity in Professional Sports Act, to protect the health and safety of all athletes, to promote the integrity of professional sports by establishing minimum standards for the testing of steroids and other performance-enhancing substances and methods by professional sports leagues, and for other purposes. Status: Placed on Senate legislative calendar under general orders.

S. 1974 - On November 8, 2005, Senator Bill Nelson (D-FL) introduced S. 1974, the Drug Free Varsity Sports Act of 2005. The bill would provide states with the resources needed to rid our schools of performance enhancing drug use. Committee: Health, Education, Labor, and Pensions.

S. 2046 - On November 17, 2005, Senator Mike DeWine (R-OH) introduced S. 2046, the National Methamphetamine Information Clearinghouse Act of 2005, to establish a National Methamphetamine Information Clearinghouse to promote sharing 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, and for other purposes. Committee: Judiciary.

S. 2104 - On December 14, 2005, Senator Joseph Lieberman (D-CT) introduced the "American Center for Cures Act of 2005," to amend the Public Health Service Act to establish the American Center for Cures to accelerate the development of public and private research efforts towards tools and therapies for human diseases with the goal of early disease detection, prevention, and cures. Specific aims of this proposed legislation are to: 1) expedite translational research and 2) implement some recommendations from the 2003 NAS study entitled "Enhancing the Vitality of the National Institutes of Health: Organizational Change to Meet New Challenges." Committee: Health, Education, Labor, and Pensions.

S. 2315 - On February 16, 2006, Senator Burns (R-MT) introduced the "Methamphetamine Awareness and Prevention Act of 2006," to amend the Public Health Service Act to establish a federally-supported education and awareness campaign for the prevention of methamphetamine use. Committee: Health, Education, Labor, and Pensions.

S. 2560 - On April 6, 2006, Senator Specter (R-PA) introduced the "Office of National Drug Control Policy Reauthorization Act of 2006" to authorize and enhance the operations of the Office of National Drug Control Policy. The bill as introduced differs significantly from its related House bill (H.R. 2829). Committee: Judiciary.

S. 2643 - On April 25, 2006, Senator Bingaman (D-NM) introduced the "Native American Methamphetamine Enforcement and Treatment Act of 2006," To amend the Omnibus Crime Control and Safe Streets Act of 1968 to clarify that Indian tribes are eligible to receive grants for confronting the use of methamphetamine. Committee: Judiciary.

S. 2695 - On May 2, 2006, Senators Cornyn (R-TX) and Lieberman (D-CT) introduced the "Federal Research Public Access Act of 2006," which would require every Federal agency with an annual extramural research budget of $100 million or more to implement a public access policy that is consistent with and advances purposes of the Federal agency. The bill requires that articles resulting from Federally funded research be deposited in a public archive and made available no later than six months after publication in a peer-reviewed journal. Committee: Homeland Security and Governmental Affairs.

S. Res. 313 - On November 15, 2005, Senator Cantwell (D-WA) introduced a resolution expressing the sense of the Senate that a National Methamphetamine Prevention Week should be established to increase awareness of methamphetamine and to educate the public on ways to help prevent the use of that damaging drug. Committee: Judiciary. Related bill: H.Res. 556 (passed the House April 6)

S. Res. 462 - On May 3, 2006, Senator Grassley (R-IA) introduced a resolution "designating June 6, 2006 as the day of a National Vigil for Lost Promise, to call public attention to the tremendous promise which has been lost with the deaths of those affected by drugs.

BILLS OF INTEREST - HOUSE

H.R. 240 - Representative Pryce (R-OH) introduced on January 4, 2005 the "Personal Responsibility, Work, and Family Promotion Act of 2005." The bill, which would extend welfare legislation, was approved by the Ways and Means Committee's Human Resources Subcommittee on March 15, 2005. The subcommittee amended the bill to cut federal welfare funding to any state that does not drug test those applying for or receiving welfare benefits. No state currently drug tests welfare recipients. In fact, a 2003 ruling by a federal appeals court that covers the states of Kentucky, Michigan, Ohio, and Tennessee ruled that states cannot drug test welfare recipients because it is unconstitutional. Those states, and many others, could lose federal funding if the drug testing provision makes it into law. Status: pending at House Financial Services.

H.R. 314 - Representative Blunt (R-MO) introduced on January 25, 2005 the "Combat Meth Act of 2005," a bill to respond to the illegal production, distribution, and use of methamphetamine in the United States, and for other purposes. See H.R. 3199 above, under "Passed Bills of Interest."

H.R. 370 - Representative Bilirakis (R-FL) introduced on January 26, 2005 the "Biomedical Research Assistance Voluntary Option Act," a bill to amend the Internal Revenue Service Code to allow taxpayers to designate part or all of any income tax refund be paid for use in biomedical research conducted through the NIH. Committees: Energy and Commerce, Subcommittee on Health; Ways and Means.

H.R. 798 - Representative Gordon (D-TN) introduced on February 16, 2005 the "Methamphetamine Remediation Research Act of 2005," a bill to provide for a research program for remediation of closed methamphetamine production laboratories, and for other purposes. Committee: Science, Subcommittee on Environment, Technology, and Standards. Status: passed by the House. Pending in the Senate (Environment and Public Works).

H.R. 812 - Representative Cummings (D-MD) introduced on February 16, 2005 the "Dawson Family Community Protection Act," a bill to amend the Office of National Drug Control Policy Reauthorization Act of 1998 to ensure that adequate funding is provided for certain high intensity drug trafficking areas. Committees: Government Reform; Energy and Commerce. The text of this bill was included in the Office of National Drug Control Policy Reauthorization Act of 2005 (H.R. 2829) which passed the House on March 9).

H.R. 864 - Representative Roybal-Allard (D-CA) introduced on February 16, 2005 a bill to provide for programs and activities with respect to the prevention of underage drinking. Committee: Energy and Commerce, Subcommittee on Health. Related Bills: See S. 408.

H.R. 1020 - Representative Rogers (R-MI) introduced on March 1, 2005 a bill to declare adequate pain care research, education, and treatment as national public health priorities, and for other purposes. In part the bill would establish within NIH a center to be known as the National Center for Pain and Palliative Care Research. Committees: Energy and Commerce, Subcommittee on Health; Veterans Affairs, Subcommittee on Health; Ways and Means; Armed Services.

H.R. 1054 - Representative Green (R-WI) introduced on March 2, 2005 the "Tools for Community Initiatives Act," which would establish an Office of Faith Based and Community Initiatives in the Executive Office of the President. Committee: Government Reform.

H.R. 1055 - Representative Hooley (D-OR) introduced on March 2, 2005 the "Comprehensive Methamphetamine Response Act," a bill to provide for the designation and funding of high intensity methamphetamine abuse and trafficking areas. Committees: Energy and Commerce, Subcommittee on Health; Judiciary. Related bill: see H.R. 3199 above, under "Passed Bills of Interest."

H.R. 1056 - Representative Hooley (D-OR) introduced on March 2, 2005 the "Methamphetamine Precursor Control Act of 2005," a bill to amend the Controlled Substances Act with respect to the distribution of pseudoephedrine. Section 7 of the bill would authorize funding for NIH to conduct research on medical alternatives to pseudoephedrine. Committees: Energy and Commerce, Subcommittee on Health; Judiciary. Related bill: See H.R. 3199 above, under "Passed Bills of Interest."

H.R. 1106 - Representative Kennedy (D-RI) introduced on March 3, 2005 the "Veterans Medical Research Assistance Voluntary Option Act of 2005," a bill to increase the number of well-trained mental health service professionals (including those based in schools) providing clinical mental health care to children and adolescents, and for other purposes. Committees: Energy and Commerce, Subcommittee on Health; Ways and Means. Related Bills: See S.537.

H.R. 1258 - Representative Ramstad (R-MN) introduced on March 10, 2005 the "Time for Recovery and Equal Access to Treatment in America (TREAT America) Act, a bill to amend the Employee Retirement Income Security Act of 1974, PHSA and the IRS Code of 1986 to provide parity with respect to substance abuse treatment benefits under group health plans and health insurance coverage. Committees: Energy and Commerce, Subcommittee on Health; Education and Workforce, Subcommittee on Employer-Employee Relations; Ways and Means. Related Bills: See S. 803.

H.R. 1290 - Representative Wilson (R-NM) introduced on March 14, 2005 the "Hepatitis C Epidemic Control Prevention Act," to require the Secretary of Health and Human Services to establish, promote, and support a comprehensive prevention, research, and medical management referral program for hepatitis C virus infection. The bill also would require the Director of NIH to establish a Liver Disease Research Advisory Board, which would be charged with developing a Liver Disease Research Plan. Committee: Energy and Commerce, Subcommittee on Health. Related Bills: See S. 521.

H.R. 1350 - Representative Peterson (D-MN) introduced on March 16, 2005 the "Methamphetamine Blister Pack Loophole Elimination Act of 2005," a bill to eliminate the safe-harbor exception for certain packaged pseudoephedrine products used in the manufacture of methamphetamine. Committees: Energy and Commerce, Subcommittee on Health; Judiciary. Related Bills: See H.R. 1446. Related bill: See H.R. 3199 above, under "Passed Bills of Interest."

H.R. 1357 - Representative Weldon (R-FL) introduced on March 17, 2005, the Human Cloning Prohibition Act of 2005, a bill to prohibit human cloning. Committee: House Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security.

H.R. 1376 - Representative Davis (R-VA) introduced on March 17, 2005 the "Family Smoking Prevention and Tobacco Control Act," a bill to protect the public health by providing the FDA with certain authority to regulate tobacco products. The bill text states that the use of tobacco products by the Nation's children is a pediatric disease of considerable proportions that results in new generations of tobacco-dependent children and adults and that nicotine is an addictive drug. Committee: Energy and Commerce, Subcommittee on Health.

H.R. 1378 - Representative Emerson (R-MO) introduced on March 17, 2005 the "Ephedrine Alkaloids Regulation Act of 2005," a bill to amend the Controlled Substances Act with respect to regulation of ephedrine alkaloids, including ephedrine and pseudoephedrine. The bill states that methamphetamine is a highly addictive drug that can be readily made from products and precursors purchased from retail stores. Committee: Energy and Commerce, Subcommittee on Health. Related bill: See H.R. 3199 above, under "Passed Bills of Interest."

H.R. 1402 - Representative Kennedy (D-RI) introduced on March 17, 2005 the "Paul Wellstone Mental Health Equitable Treatment Act of 2005," a bill to provide for equal coverage of mental health benefits with respect to health insurance coverage unless comparable limitations are imposed on medical and surgical benefits. Committees: Education and the Workforce, Subcommittee on Employer-Employee Relations; Energy and Commerce, Subcommittee on Health.

H.R. 1446 - Representative Souder (R-IN) introduced on March 17, 2005 the "Methamphetamine Abuse Prevention Act of 2005," a bill to eliminate the safe-harbor exception for certain packaged pseudoephedrine products used in the manufacture of methamphetamine, Committees: Energy and Commerce, Subcommittee on Health; Judiciary. Related Bills: See H.R.1350; see H.R. 3199 above, under "Passed Bills of Interest."

H.R. 1528 - Representative James Sensenbrenner (R-WI) introduced on April 6, 2005 the "Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005," which would amend the Controlled Substances Act to protect vulnerable persons from drug trafficking, and for other purposes. Committees: Energy and Commerce, Subcommittee on Health; Judiciary, Subcommittee on Crime, Terrorism and Homeland Security.

H.R. 1639 - Representative DeLauro (D-CT) introduced on April 14, 2005 the "Military Health Services Improvement Act of 2005," which would require pre- and post-deployment mental health screenings for members of the Armed Forces, and for other purposes. Committee: Armed Services.

H.R. 1704 - Representative Portman (R-OH [now resigned from the House]) introduced on April 19, 2005 the "Second Chance Act: Community Safety Through Recidivism Prevention Act of 2005," which would reauthorize the grant program of the Department of Justice for reentry of offenders into the community, to establish a task force on Federal programs and activities relating to the reentry of offenders into the community, and for other purposes. Committees: Judiciary; Education and the Workforce. Related bill: see S. 1934. The most recent hearing on this bill occurred February 8, 2006 (see description, above). The bill is currently undergoing revisions and will be marked up by the Judiciary Committee in the near future.

H.R. 1758 - Representative Andrews (D-NJ) introduced on April 21, 2005 the "Open Air Drug Market Penalty Act of 2005," which would amend the Controlled Substances Act to provide penalties for open air drug markets, and for other purposes. Committees: Judiciary; Energy and Commerce.

H.R. 1789 - Representative Kennedy (D-RI) introduced on April 21, 2005 the "Health Professionals Substance Abuse Education Act," designed to educate health professionals concerning substance use disorders and addiction. Committee: Energy and Commerce. Related Bill: See S. 538.

H.R. 1862*** - Representative Stearns (R-FL) introduced on April 26, 2005 the "Drug Free Sports Act," which would direct the Secretary of Commerce to issue regulations requiring testing for steroids and other performance-enhancing substances for certain sports associations engaged in interstate commerce. Committee: Education and Commerce; Education and the Workforce.

H.R. 1946 - Representative Stark (D-CA) introduced on April 27, 2005 the "Medicare Mental Health Modernization Act of 2005," which would amend Title XVIII of the Social Security Act to expand and improve coverage of mental health services under the Medicare program. Committees: Ways and Means; Energy and Commerce. Related Bills: See S. 927.

H.R. 2087 - Representative Frank (D-MA) introduced on May 4, 2005 the "States' Rights to Medical Marijuana Act," which would provide for the medical use of marijuana in accordance with the laws of the various States. Committee: Energy and Commerce.

H.R. 2124 - Representative Weldon (R-FL) introduced on May 5, 2005 the "Clinical Research Act of 2005," which would amend the Public Health Service Act to provide for clinical research support grants, clinical research infrastructure grants, and a demonstration program on partnerships in clinical research, and for other purposes. Committee: Energy and Commerce.

H.R. 2195 - Representative Lynch (D-MA) introduced on May 5, 2005 the "Act to Ban Oxycontin," which would provide for the withdrawal of the drug OxyContin from the commercial market. Committee: Energy and Commerce.

H.R. 2565*** - Representative Davis (R-VA) on May 24, 2005, introduced the "Office of National Drug Control Policy Reauthorization Act," to reauthorize the Office of National Drug Control Policy Act and to establish minimum drug testing standards for major professional sports leagues. Committees: Government Reform, Energy and Commerce, Education and the Workforce. Related bill: see H.R. 2829 - House leadership chose to move forward with this bill regarding ONDCP reauthorization.

H.R. 3084*** - On June 28, 2005, Representative Cliff Stearns (R-FL) introduced H.R. 3084, the Drug Free Sports Act of 2005. The bill would direct the Secretary of Commerce to issue regulations requiring testing for steroids and other performance enhancing substances for certain sports associations engaged in interstate commerce. The bill would also require the Secretary of Health and Human Services, in consultation with the NIDA Director, to prescribe the substances for which professional athletes are tested, establish criteria by which professional sports associations may provide substances to athletes prior to or after any drug test, and establish criteria for test administration. The measure also calls for penalties for a positive test, and criteria under which the names of athletes testing positive may be disclosed. Committees: Energy and Commerce, Education and the Workforce. Status: Reported by all committees, awaiting further action.

H.R. 3196 - On June 30, 2005, Representative Henry Waxman (D-CA) introduced H.R. 3196, the Fair Access to Clinical Trials Act (FACT). The measure would require sponsors of privately and publicly funded studies of drugs, biologics, or medical devices to register using a database that builds on the National Library of Medicine's www.clinicaltrials.gov. It would provide public access to basic information on studies before they begin, such as the disease or condition with which the trial is concerned, the hypothesis being tested, the sponsor and principal investigator, and the sources of funding. Public access to the results of clinical studies, including primary and secondary outcomes and significant adverse events, would also be permitted under the legislation. H.R. 3196 also would authorize the Secretary of HHS to impose penalties for noncompliance, including revoking a sponsor's eligibility for further Federal funding and imposing civil money penalties. Committee: Committee on Energy and Commerce.

H.R. 3739 - On September 13, 2005, Representative John Boozman (R-AR) introduced the "Drug Courts Improvement Act of 2005." This Act would amend existing law by requiring the Attorney General to set uniform standards for mandatory drug testing that drug courts receiving funds from the Department of Justice's (DOJ) Drug Court grant program would be required to follow. In addition, the legislation would require drug courts receiving grant money from this federal program to impose mandatory sanctions whenever a participant fails a drug test. Committee: Judiciary. Text from this bill was included in H.R. 3199 - see above under "Passed bills of Interest."

H.R. 3854 - On September 21, 2005, Representative Christopher Shays (R-CT) introduced H.R. 3854, the Microbicide Development Act, to facilitate the development of microbicides for preventing transmission of HIV and other diseases, and for other purposes. Research provisions would require the Director of the NIH Office of AIDS Research to: 1) expedite implementation of a Federal microbicide research and development strategic plan, 2) expand, intensify and coordinate the relevant activities of appropriate NIH research components, and 3) prepare and submit, within six months of enactment and annually thereafter, a report to Congress on Federal microbicide research implementation strategies. The bill would also require the Director of NIAID to establish a microbicide development unit within its Division of AIDS. The measure also contains provisions for relevant activities at the CDC and the U.S. Agency for International Development. Committees: Energy and Commerce, International Relations. Related bill: see S.550.

H.R. 3889 - On September 22, 2005, Representative Mark Souder introduced H.R. 3889, the "Methamphetamine Epidemic Elimination Act," to further regulate and punish illicit conduct relating to methamphetamine, and for other purposes. Status: passed by the House. Related bill and legislative action: see S. 103, H.R. 314. See above H.R. 3199, under "Passed Bills of Interest."

H.R. 3942 - On September 29, 2005, Representative James Sensenbrenner (R-WI) introduced the Professional Sports Responsibility Act of 2005, to establish a Federal Office of Steroids Testing Enforcement and Prevention to establish and enforce standards for the testing for the illegal use in professional sports of performance enhancing substances and other controlled substances. Committees: Judiciary; Energy and Commerce; Education and the Workforce.

H.R. 3955 - On September 29, 2005, Representative Steve King (R-IA) introduced the "Meth Lab Eradication Act," to amend the Controlled Substances Act to provide for the transfer of ephedrine, pseudoephedrine, and phenylpropanolamine to schedule V of the schedules of controlled substances, and for other purposes. Committees: Energy and Commerce; Judiciary.

H.R. 4212 - On November 2, 2005, Representative Frank Pallone (D-NJ) introduced the Advancing FASD Research, Prevention, and Services Act, to amend the Public Health Service Act to reauthorize and extend the Fetal Alcohol Syndrome prevention and services program, and for other purposes. Committees: Energy and Commerce; Education and the Workforce. Related bill: see S. 1722.

H.R. 4272 - On November 9, 2005, Representative Sam Farr (D-CA) introduced H.R. 4272, the "Steve McWilliams Truth in Trials Act," to amend the Controlled Substances Act to provide an affirmative defense for the medical use of marijuana in accordance with the laws of the various states, and for other purposes. Committees: Judiciary; Energy and Commerce.

H.R. 4763 - On February 15, 2006 Representative Oberstar (D-MN) introduced the "Methamphetamine Eradication Act," provide a comprehensive Federal response to the problems relating to methamphetamine use and addiction. Committees: Judiciary; Energy and Commerce; Science, Education and the Workforce; Transportation and Infrastructure Committees.

H.R. 4769 - On February 16, 2006, Representative Charles Norwood (R-GA) introduced the "Prescription Drug Abuse Elimination Act of 2006," to amend the Federal Food, Drug, and Cosmetic Act, the Controlled Substances Import and Export Act, and the Public Health Service Act to impose requirements respecting Internet pharmacies, to require manufacturers to implement chain-of-custody procedures, to restrict an exemption respecting the importation of controlled substances for personal use, and for other purposes. Committee: Energy and Commerce.

H.R. 4910 - On March 8, 2006, Represenative Ed Whitfield (R-KY) introduced the "National Drug Testing Integrity Act," to prohibit the manufacture, sale, marketing, or distribution of products or substances designed or intended to defraud a drug test. Committee: Energy and Commerce.

*** - Note: House Leadership and Committee chairs have said in the past that they would resolve the differences in these bills regarding steroids, and intend to have one bill that they will consider moving through the legislative process to focus on steroids issues. Disposition of the issue is unclear at this time.