July 30, 2010

Senate Panel Approves 3.5% Funding Increase for NIH

This week, the Senate Appropriations Committee, chaired by Sen. Inouye (D-HI), approved a $1 billion (3.5 percent) funding increase for the NIH in 2011 as part of the FY2011 the Labor-Health and Human Services and Education Appropriations Bill, following passage at the subcommittee level earlier in the week. This funding level is based on the NIH's appropriation for 2010 and does not factor in 2010 NIH American Recovery and Reinvestment Act funding of $6.5 billion. The committee defeated by a vote of 28 to 2 an amendment sponsored by Sen. Specter (D-PA) that would have increased NIH funding by an additional $1 billion. The House Labor-HHS subcommittee, which met earlier this month, provided the same $1 billion increase for NIH in its FY2011 Labor-HHS bill.

The Senate bill provides $6.905 billion for the CDC, a 1.8 percent increase over the FY2010 funding level and $123 million over the House bill's proposed funding for CDC. Within CDC's budget, the Senate bill did not adopt the $1.2 million cut to the domestic tuberculosis control program proposed by the President's budget as the House did; instead the Senate bill keeps the program at the FY2010 funding level of $144.2 million. We do not yet have information on other CDC programs that the ATS monitors. These numbers will be out within a few days, and we will let you know once we have them.

The NIH funding includes $50 million for the new Cures Acceleration Network within the Office of the NIH director, which is aimed at speeding the development of high-need disease cures and treatments. Other highlights from Senate Labor-HHS bill include:

• $251 million for a new state block grant on chronic disease prevention at CDC.

• $40 million for CMS to support the creation of community-based patient-centered medical homes

The next step for the FY2011 Labor-HHS is a vote by the full House Appropriations Committee. As the Congress is scheduled to adjourn within the next few days, this action appears unlikely to occur until September when Congress returns from its break. It is expected that due to the upcoming election, ultimately the final FY2011 appropriations bills will be delayed until after the election.

CLEAN AIR

ATS Opposes Amendments to Carper-Alexander Clean Air Bill

This week, the ATS joined several other organizations in a letter to the Senate expressing support for the Clean Air Acts Amendment bill of 2010 introduced by Senators Carper (D-DE) Alexander (R-TN). If enacted, this legislation would accelerate the reductions of SOx, NOx and mercury emissions from coal-fired power plants and other pollution sources.

The bill is expected to be considered by the Senate Environment and Public Works Committee in the near future, while a number of unfriendly amendments are expected. The letter encourages Senators to support the underlying bill and to oppose any weakening amendments.

Court Rules Against North Carolina in Clean Air Case

This week, the 4th District Court over-turned a lower court ruling in the case North Carolina v Tennessee Valley Authority regarding downwind air pollution. Lower courts had found in favor of North Carolina, which was suing TVA for downwind emissions from TVA operated coal-fired power plants along the Tennessee and Alabama border - finding that downwind emissions from this power plants was a "public nuisance"" to North Carolina residents.

However, the 4th District Court overturned the lower court ruling, finding that the court inappropriately applied North Carolina law "extraterritorially" and further stated that power plants are regulated under the federal Clean Air Act and should not be subject to further state emissions regulations.

The ATS filed an amicus brief in support of North Carolina's case. The ATS is disappointed with the 4th District Court's decision.

TOBACCO

ATS Joins Letter to FDA on Tobacco Marketing to Youth and Racial Minorities

The ATS joined a number of sister tobacco control, physician and public health organizations in submitting comments to the Food and Drug Administration regarding exercising their authority to regulate tobacco products. The FDA is seeking input on how to address the tobacco industries efforts to market products to youth and racial minorities.

Letter outlined the extensive history of big tobacco's efforts to intentionally market tobacco products to both youth and racial minorities. Referencing tobacco internal documents, court findings and research data, the letter fully outlines big tobacco recent an on going efforts to target tobacco advertising towards youth and racial minorities.

The letter outlines how the FDA to exercise its new authority to regulate tobacco to address the youth and racial minority marketing including:

• Changing the retail environment to supporting public health messages

• Regulating and restricting all tobacco advertising

• Banning tobacco marketing targeted towards youth

• Reducing tobacco use in movies and other media

• Supporting further youth and racial minority tobacco use surveillance.

The Washington Letter is written by the American Thoracic Society government relations office and emailed to all ATS members living in the United States. The letter keeps clinicians, scientists, and patients abreast of legislative, judicial, and regulatory issues in pulmonary, critical care, and sleep medicine. Each week's edition is archived on the ATS Web site, www.thoracic.org. If you have any questions or one more information about becoming involved in advocacy, please contact the ATS Washington office at 202-296-9770.