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Director's Report to the National Advisory Council on Drug Abuse - September, 2005



Congressional Affairs (Prepared September 12, 2005)

BUDGET FY 2006

The FY 2006 budget request for NIH is $28.510 billion, an increase of $145 million or 0.5 percent over the FY2005 funding level. The FY 2006 President's request for NIDA is $1.01 billion, 0.4 percent above the FY 2005 level.

On June 24, 2005, the House passed HR 3010, the Labor, Health and Human Services, and Education appropriations bill. NIH is funded at $28.510 billion and NIDA would receive $1.01 billion, identical to the President's request.

On July 14, the Senate Appropriations Committee reported the FY 2006 Labor, Health and Human Services and Education Appropriations bill, H.R. 3010, with $29.317 billion for NIH; this is $953 million above the FY2005 level and $808 million above the budget request. NIDA would receive $1.035 billion, a 2.9 percent increase above the FY 2005 level.

Floor action in the Senate is not yet scheduled. Plans for a conference between the House and Senate are also unclear at this time.

Other Hearings and Briefings of Interest

Methamphetamine Briefing on the Hill Sponsored by the Friends of NIDA

The Friends of NIDA, in conjunction with the Congressional Methamphetamine Caucus and the Congressional Addiction Treatment and Recovery Caucus, sponsored a June 28, 2005 briefing entitled "Methamphetamine Addiction: Cause for Concern — Hope for the Future." The event was very popular and well attended — approximately 180 members, staff, and constituent group representatives attended.

Speakers at the briefing included Representative Rick Larsen (D-WA), Co-Chair of the Congressional Methamphetamine Caucus; Dr. Charles O'Keeffe of Virginia Commonwealth University (Representing the Friends of NIDA); NIDA Director Dr. Nora Volkow, Ms. Vicki Sickels, a counselor in a Des Moines, Iowa hospital and a person in recovery from methamphetamine addiction, and Dr. Richard Rawson of the UCLA Integrated Substance Abuse Programs.

Related Links:
To access Dr. Volkow's presentation please see: http://www2.apa.org/ppo/volkow62805.ppt

To access Dr. Rawson's presentation please see: http://www2.apa.org/ppo/rawson62805.ppt

On May 4, 2005, the American Psychological Association's Science Policy Office sponsored a congressional briefing entitled, "NIH Research in Action: Innovative Behavioral Treatments for Mental and Substance Use Disorders". Dr. Kathleen Carroll (PI — New England Node) and Dr. William Miller (PI — Southwest Node) were two of the three invited speakers. Dr. Carroll spoke on contingency management in successfully treating substance users in research (CTN 0006 and CTN 0007). Dr. Miller discussed the success of motivational interviewing as an effective treatment (CTN 0005).

Hearing on NIH Reauthorization — July 19, 2005 — "Legislation to Reauthorize the National Institutes of Health"

The House Energy and Commerce Committee held a hearing to examine issues surrounding the reauthorization of NIH. NIH Director Dr. Elias Zerhouni was the sole witness.

The purpose of the hearing was to discuss draft legislation that would reauthorize the National Institutes of Health. The discussion draft legislation, distributed shortly before the hearing, contained provisions that would categorize existing institutes and centers into two major categories: mission specific institutes and science enabling institutes and centers; delineate new authorities for the NIH Director; establish four specific authorization of appropriations; establish an electronic coding system and require a biennial report to Congress; and authorize grants for demonstration projects for research at the interface between biological and physical sciences.

Dr. Zerhouni described the NIH mission, key authorities, structure, and the committee's proposal for NIH, including the establishment of a Division of Program Coordination, Planning, and Strategic Initiatives which would create a priority setting process for trans-NIH initiatives such as the NIH Roadmap for Medical Research, the NIH Strategic Plan for Obesity Research, and the NIH Neuroscience Blueprint. Chairman Barton expressed his feeling that NIH reauthorization is a top priority for the House Energy and Commerce Committee. The Chairman explained that reauthorization of NIH is a means to reassert the jurisdiction of the Committee. Members of both parties expressed support for general concepts while expressing a desire to further consider particular provisions.

Subsequent to the hearing, a second version of the discussion draft was circulated by the committee. Changes were made as a result of comments from committee members and other concerned parties. Further committee action and finalization of any bill that might be introduced is not certain at this time.

PASSED BILLS OF INTEREST

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.

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 prior to their recess, and the President signed the bill into law (P.L. 109-56) on August 2. 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.

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. Among many things, the bill would have SAMHSA establish a methamphetamine research, training, and technical assistance center "Éin consultation with the Director of the National Institutes of HealthÉ" The bill was passed by the Senate on September 9, in the form of an amendment to the Commerce, Justice, Science FY 2006 appropriation bill (HR 2662). Related Bills: See H.R. 314.

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. 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. 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 — 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. 1317 — Senator Hatch (R-UT) introduced the "Stem Cell Therapeutic and Research Act of 2005," bill to provide for the collection and maintenance of cord blood units for the treatment of patients and research, and to amend the Public Health Service Act to authorize the Bone Marrow and Cord Blood Cell Transplantation Program to increase the number of transplants for recipients suitably matched to donors of bone marrow and cord blood. The bill was reported by the Health, Education, Labor and Pensions Committee and awaits floor action.

S. 1332 — On June 29, 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, Senator Bunning (R-KY) introduced the "Professional Sports Integrity and Accountability Act," to provide for integrity and accountability in professional sports. Committees: Finance; Commerce, Science and Transportation.

S. 1436 — On July 20, 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. The bill was referred to the Committee on Health, Education, Labor, and Pensions.

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. In part the bill would authorize funds to provide training to State and local prosecutors and law enforcement agents for the investigation and prosecution of methamphetamine offenses. Committees: Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security; Energy and Commerce, Subcommittee on Health. Related Bills: See S. 103.

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: voted out of full committee on 4/13/05, see House Report 109-42.

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.

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.

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.

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.

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.

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.

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.

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. 2520 — Representative Smith (R-NJ) introduced the "Stem Cell Therapeutic and Research Act of 2005" to provide for the collection and maintenance of human cord blood stem cells for the treatment of patients and research, and to amend the Public Health Service Act to authorize the C.W. Bill Young Cell Transplantation Program. The bill has been passed and sent to the Senate.

H.R. 2565*** — Representative Davis (R-VA) on May 24 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.

H.R. 2829*** — Representative Souder (R-IN) introduced on June 9 the "Office of National Drug Control Policy Reauthorization Act of 2005." The bill expands and enhances certain authorities of the Office. Committees: Government Reform, Judiciary, Energy and Commerce, Select Intelligence.

H.R. 3084*** — On June 28, 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. H.R. 3084, which has eight cosponsors, was referred to the House Committees on Energy and Commerce, and Education and the Workforce.

H.R. 3196 — On June 30, 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. The bill was referred to the House Committee on Energy and Commerce.

*** - Note: House Leadership and Committee chairs are currently working to resolve the differences in these bills regarding steroids, and intend to have one bill that they will then push through the legislative process to focus on steroids issues.


Index

Research Findings

Program Activities

Extramural Policy and Review Activities

Congressional Affairs

International Activities

Meetings and Conferences

Media and Education Activities

Planned Meetings

Publications

Staff Highlights

Grantee Honors

In Memoriam



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