This week, the House approved the following spending bills: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies; Legislative Branch; and Foreign Operations, Export Financing and Related Programs. The House Appropriations Committee approved the District of Columbia and the Departments of Labor, Health and Human Services, and Education, and Related Agencies spending bills. A House Appropriations subcommittee approved the Transportation, Treasury, and Independent Agencies spending bill. The Senate Appropriations Committee bypassed subcommittee action and approved the Legislative Branch and Military Construction spending bills.
House Action
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
On July 13, the House approved, 389-31, the FY2005 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies spending bill (H.R. 4766). The House Appropriations Committee approved the measure on June 23 (see The Source, 6/25/04).
H.R. 4766 would allocate $16.77 billion in FY2005, $173 million less than FY2004 and $20 million above the administration’s request.
The bill would provide $4.9 billion for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), $261 million more than FY2004 and $120 million more than the administration’s request. The recommended funding level for WIC would include $15 million for the continuation of the breastfeeding peer counselor program.
Child nutrition programs would receive $11.38 billion in FY2005, a $37 million decrease below the FY2004 level. Of the total amount, $6.5 billion would be provided for the School Lunch Program, $1.8 billion for the School Breakfast Program, and $2 billion for the Child and Adult Care Food Program. The House Appropriations Committee report accompanying H.R. 4766 states, “The Committee directs the Food and Nutrition Service to work aggressively to develop food products for the school meal program that are appealing to children, high in nutrition, and will foster lifelong healthy eating patterns. Particular attention should be paid to developing food choices that are high in marine-source long-chain Omega-3 fatty acids.”
The measure would allocate $1.46 billion for the Food and Drug Administration (FDA) in FY2005, $70 million more than FY2004, but $39 million below the administration’s request. The Office of Women’s Health at the FDA would receive $4 million, $350,000 more than FY2004 and $325,000 above the administration’s request. According to the report, “Part of this office’s mission is to determine if we are designing systems and collecting data to find the crucial differences between women and men’s diagnoses, treatment, and outcomes for a given disease. Coronary heart disease is a predominant cause of mortality in women in the United States, and studies have shown that women differ from men in the symptoms they present, the effectiveness of diagnostic testing, success of treatment regimens, and their prognoses. The Committee directs that, in addition to base resources for that purpose, $250,000 of the increase amount is to be used for research, data analysis, and outreach related to cardiovascular disease in women. The Committee provides $75,000 of the increase amount for continuation and expansion of the hormone therapy education program.”
The report also notes that the committee “is concerned about the safety of mercury in dental amalgam, and its classification within FDA’s regulatory framework. The Committee understands that recent studies have found high mercury levels in some pregnant women and infants, but have not attributed the mercury to a particular source. FDA proposed to reclassify dental mercury in February 2002 and the rulemaking is not complete. It is the Committee’s understanding that FDA has contracted for a comprehensive review and examination of peer-reviewed literature by an independent outside source, which will be completed in the summer of 2004. The Committee requests a copy of the report. The Committee urges the Food and Drug Administration to continue its examination of the peer-reviewed scientific literature on the safety of mercury and take action on the reclassification of dental mercury in light of these scientific findings.”
The Food Stamp Program would be funded at $33.6 billion, a $2.7 billion increase above the FY2004 level, but $6 million below the administration’s request.
Under the bill, $1.18 billion would be provided for the Food for Peace Program, $12 million less than FY2004 and $5 million below the administration’s request. In addition, the McGovern-Dole International Food for Education and Child Nutrition Program would receive $75 million in FY2005, an increase of $25 million above FY2004 and equal to the administration’s request.
Finally, the measure would prohibit the FDA from using federal funds to prevent U.S. citizens from importing prescription drugs from certain Western countries.
During consideration of the bill, the House approved, by voice vote, an amendment offered by Reps. Carolyn Maloney (D-NY) and Henry Waxman (D-CA) that would prohibit the FDA from using federal funds to restrict to prescription use a contraceptive that is determined to be safe and effective for over-the-counter use.
Rep. Maloney explained the need for her amendment: “Americans rely on the Food and Drug Administration to make scientific, evidence-based decisions that are in the best interests of the American public and that will help improve our health. The majority of the time this is exactly what happens. Unfortunately, a recent FDA decision on whether to grant over-the-counter status for Plan B, an emergency contraceptive pill, went against the advice of the independent, expert advisory committee and the advice of FDA staff. The decision was not science-based and was not made in the best interest of American women. Instead, it was a decision influenced by inappropriate political and ideological considerations.”
Arguing that the amendment “is simply a restatement of current law,” Rep. Chris Smith (R-NJ) cited a letter written by Dr. Stephen Galson, the acting director for FDA’s Center for Drug Evaluation and Research, in which he stated, “Based on the review of the data, we have concluded that you (Barr Research, Inc.) have not provided adequate data to support a conclusion that Plan B can be used safely for young adolescent women.” Rep. Smith also noted that only 29 of the 585 subjects enrolled in drug study were 14 to 16 years of age, and none were under the age of 14. “So based on science and safety concerns, the recommendation was made that Plan B should not be approved for over-the-counter sales,” he stated, adding, “So this restatement of current law does not add or detract from things as they are.”
Foreign Operations, Export Financing, and Related Programs
On July 15, the House approved, 365-41, the FY2005 Foreign Operations, Export Financing, and Related Programs spending bill (H.R. 4818). The House Appropriations Committee approved the measure on July 9 (see The Source, 7/9/04).
H.R. 4818 would allocate $19.4 billion in FY2005, a $2.2 billion increase over FY2004, but $1.9 billion less than the administration’s request.
Under the bill, $1.65 billion would be earmarked for the Child Survival and Health Programs Fund, $150 million less than FY2004 and $230 million above the administration’s request. Funding for child survival and maternal health programs would be level-funded at $330 million, $5 million more than the administration’s request. The committee urges the U.S. Agency for International Development (USAID) to provide at least $20 million for activities related to Vitamin A deficiency, which “affects more than 100,000,000 children under age 5 and is responsible for as many as one in four child deaths in high-impact areas. Vitamin A deficiency decreases children’s resistance to disease and may also increase maternal deaths.” The committee also recommends at least $2 million for the Kiwanis International/UNICEF IDD [Iodine Deficiency Disorder] partnership, noting, “The problems associated with iodine deficiency, including increased chances of miscarriage and stillbirth, are particularly of concern in the former Soviet republics and southeast Europe and regions of Africa and South Asia.”
The House Appropriations Committee report accompanying H.R. 4818 states, “The Committee continues to be concerned about the debilitation and ostracism caused by obstetric fistula, which affects an estimated 3 million women in the developing world. This condition can often be prevented altogether by trained birth attendants and improved medical care. Restorative surgery has a high success rate and relatively low cost, often in the range of $100-$400.” The report also notes that USAID for the first time funded programs last year to prevent and repair obstetric fistula, and encourages the agency to increase its level of support to $6 million in FY2005.
As requested by President Bush, $2.2 billion would be provided for HIV/AIDS prevention activities, $550 million more than FY2004. The total includes $400 million for the Global Fund to Fight AIDS, Tuberculosis, and Malaria; $885 million in bilateral HIV/AIDS funding within the Child Survival and Health Programs Fund to finance ongoing programs; $1.26 billion for the Global HIV/AIDS Initiative; and $26 million for the International AIDS Vaccine Initiative.
The committee report states, “The President’s Global AIDS Initiative is making treatment and care available to a record number of people affected by the disease. In 2003, only 50,000 people in the developing world had access to the drugs that dramatically reduce the impact of AIDS and extend life for years, allowing parents to see their children into adulthood. By next summer, 200,000 people will have access to these drugs, and hundreds of thousands more will gain access in future years, with the funds made available in the Committee recommendation. Over the next several years, millions of potential cases of HIV/AIDS will be averted.”
According to the report, “The Committee notes that the face of HIV/AIDS is increasingly female, with over 60 percent of new infections occurring in women. All too often men insist on sex either concealing or not knowing their HIV status, adding urgency to finding woman-controlled methods of HIV prevention such as topical microbicides.” The bill would provide $30 million for microbicides research and development in FY2005, an increase of $8 million over FY2004.
The report also states that the committee “notes that approximately 80 percent of new HIV cases are transmitted sexually and another 10 percent perinatally or during breastfeeding. It is clear that HIV/AIDS prevention and treatment have a strong reproductive health component. Therefore, the Committee urges the Office of the Global AIDS Coordinator to foster greater linkages and coordination between family planning and maternal health programs and Emergency Plan activities.”
The committee “continues to strongly support funding for programs to prevent mother-to-child transmission (MTCT) of HIV as an integral component of a comprehensive approach to fighting HIV/AIDS. Programs to address MTCT have aspects of prevention, treatment, care and support, and the Committee urges the Office of the Global AIDS Coordinator to provide the resources necessary to expand MTCT programs.”
The bill would provide level funding of $1.4 billion for development assistance programs administered by USAID, $100 million above the administration’s request. The measure would provide that not less than $15 million should be made available for programs to improve women’s leadership capacity. The report states that the committee “notes many of the recommendations made to USAID regarding the Office of Women in Development (WID) over the course of the last two fiscal years have largely been ignored. The Committee continues to believe a WID office empowered to monitor, assess, and make recommendations regarding the quality of gender integration at USAID could be of great benefit to the agency.”
Report language also indicates that the committee “is aware of the ‘Gender Audit’ tool, developed by the InterAction Commission on the Advancement of Women, which helps development organizations assess their institutional commitment to integrating considerations of gender into management and field programs. The ‘Gender Audit’ aims to ensure participating organizations have the technical capacity, organizational culture, and accountability structures to mainstream gender issues effectively in to their activities. USAID could benefit from a self-assessment based on the ‘Gender Audit’ model of its own institutional capacity in this regard. The Committee directs USAID to report no later than 60 days after enactment of this Act on its plans with respect to an assessment.”
According to the report, “The Committee notes governments of many developing countries require families to pay fees for their children attending school. The purpose of the fees is to increase resources available for education. For low-income families, however, these fees become major barriers to school enrollment among children, and especially girls. While abolishing school fees would ostensibly solve this problem, it would also reduce financial resources available for education, which in turn would reduce the quality or availability of education by leading to shortages of teachers, supplies and infrastructure.” H.R. 4818 would earmark $15 million in basic education funding for a pilot project in holistic school reform.
The report also notes that the committee “recognizes the importance of improving the economic and social situation of women and girls through respect for legal rights and expanded access to educational opportunities, adequate health care, and credit. Over the past year, the Department of State has allocated significant resources from the Economic Support Fund in order to improve the economic and social situation of women in the Middle East.”
The committee urges USAID to provide $200 million for microenterprise programs, stating in the report, “In most developing countries, small, informally organized businesses microenterprises constitute the vast majority of business enterprises. Microenterprises are the source of employment and income for hundreds of millions of people in developing countries. To flourish, microenterprises need a congenial policy environment and growing markets, as well as capital and technical assistance. The Committee expects USAID’s programs to reach the largest possible number of microenterprises, whether through grants to private, non-governmental organizations that lend to microenterprises or by sponsoring economic policy reforms that directly stimulate such enterprises.”
Under the bill, $432 million would be provided for international family planning programs in FY2005, an increase of $3 million above the FY2004 level and $28.6 million more than the administration’s request. Report language states, “Funds cannot be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortion. Further, the language indicates that in order to reduce reliance on abortions in developing countries, population funds shall be available only to voluntary family planning projects that offer, either directly or through referral, information about access to a broad range of family planning methods and services. An additional provision requires that in awarding grants for natural family planning under section 104 of the Foreign Assistance Act, no applicant shall be discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning.”
The United Nations Population Fund (UNFPA) would receive $25 million in FY2005. Last year, Congress provided $34 million for the UNFPA, but the administration has announced it will not release those funds.
H.R. 4818 would provide no funding for Iraq. The report states, “Given rapidly evolving events in Iraq, the Committee believes the Secretary of State will require flexibility in the allocation of previously appropriated funds [for Iraq]. The Committee urges the Secretary of State to provide the Committee on Appropriations with a revised financial plan for American assistance to Iraq as a matter of urgency so the Committee can consider how best to provide that flexibility while ensuring effective oversight of the assistance.”
In order to support reconstruction efforts in Afghanistan, the measure would provide $977 million in FY2005. The total includes $60 million to support programs for Afghan women and girls, an increase of $55 million above the FY2004 level. The report states, “Supported by the efforts of the Ministry of Women Affairs, Afghan women are beginning to redefine their role and reclaim their place in public society. The economic empowerment of Afghan women is critical to improving the economic life of Afghanistan and is important to access to education for children, better family health care, reductions in human trafficking and greater awareness of rights. The carpet industry presents vulnerable Afghan women with an opportunity to build sustainable small businesses that can enjoy long-term access to United States markets. To this end, the Committee supports the Arzu initiative to support the production and sale of handmade carpets made under fair labor conditions by women weavers in Afghanistan.”
The committee “is extremely concerned about the dire humanitarian situation in Sudan. In the Darfur province of western Sudan, USAID estimates 300,000 people may die by the end of the year unless rapid action is taken. In addition to the unfolding tragedy in Darfur, there are significant humanitarian requirements in southern Sudan.” H.R. 4818 would provide $311 million for Sudan in FY2005. Of this amount, $16 million would be provided for child survival and health, $70 million for development assistance, and $53 million for migration and refugee assistance.
Noting that the Department of State provided $2 million in FY2004 for activities to combat gender-based violence, the committee “recognizes that there are widespread reports of gender-based violence in areas such as the eastern Congo and the Darfur region of Sudan, and urges the Bureau of Population, Refugees, and Migration (PRM) to support programs to combat this trend and encourage efforts to integrate gender-based violence programs with other humanitarian relief activities.”
The bill would provide $90 million for the Middle East Partnership Initiative, which “supports an array of economic and social reform initiatives in the Middle East and non-Arab Islamic countries.”
The measure would provide $1.25 billion for the new Millennium Challenge Corporation, $250 million below the administration’s request. Last year, Congress allocated $650 million for the Millennium Challenge Assistance (MCA) program. The MCA grants foreign assistance based on a country’s commitment to democratic rule and capitalism.
The Peace Corps would receive $330 million in FY2005, a $5 million increase above the FY2004 level, but $71 million less than the administration’s request.
H.R. 4818 would provide $125 million in FY2005 for the United Nations Children’s Fund, $5 million more than FY2004 and the administration’s request.
Under the bill, the United Nations Development Fund for Women would receive $3 million in FY2005, an increase of $2 million above the FY2004 level and the administration’s request. The total would include a first time contribution of $1 million for the Trust Fund in Support of Actions to Eliminate Violence Against Women.
During consideration of the bill, Rep. Barbara Lee (D-CA) offered an amendment that would have provided an additional $800 million in emergency spending for the Global Fund to Fight AIDS, Tuberculosis, and Malaria, bringing the total to $1.2 billion in FY2005. Because the emergency designation would change current law, it is considered legislating in an appropriations bill, which is against House rules. A point of order was raised against the amendment and the Chair sustained the point of order.
The House defeated the following amendments:
House Committee Action
District of Columbia
On July 14, the House Appropriations Committee approved, by voice vote, the FY2005 District of Columbia spending bill (as-yet-unnumbered). A House Appropriations subcommittee approved the measure on July 7 (see The Source, 7/9/04).
The measure would allocate $560 million for the District of Columbia in FY2005, a $15 million increase over FY2004, but $300,000 below the administration’s request.
The bill would provide $202.1 million for the operation of the D.C. Courts, $34.3 million above the FY2004 level, but $25.9 million less than administration’s request. This total would include funding for the Family Court, which handles all cases in the District pertaining to child abuse and neglect, domestic violence, adoption, and foster care.
With the goal of expanding school choice in the District of Columbia, the measure would provide $14 million for private school vouchers, $13 million for the improvement of public schools, and $13 million for charter schools. In FY2004, Congress provided $13 million for all three categories.
Under the bill, $1 million would be allocated for the Family Literacy Program, $1 million less than FY2004. President Bush did not request funding for the program.
The measure would provide $5 million for improvements to the District’s foster care system, $9 million below the FY2004 level. The administration’s budget request did not include funding for this purpose.
Included in the bill is a provision that would prohibit the use of federal funds to implement a D.C. law that permits municipal employees to purchase health insurance benefits for their domestic partners, regardless of gender or marital status.
The bill also would maintain current law with respect to the prohibition on the use of local and federal funds for abortion coverage for low-income women on Medicaid. Exceptions for abortion coverage would be made in cases of rape, incest, or life endangerment.
Finally, the measure would maintain current law prohibiting the use of local and federal funds for a needle exchange program.
The House is expected to consider the bill next week.
Departments of Labor, Health and Human Services, and Education, and Related Agencies
On July 14, the House Appropriations Committee approved, by voice vote, the FY2005 Departments of Labor, Health and Human Services, and Education, and Related Agencies spending bill (as-yet-unnumbered). A House Appropriations subcommittee approved the measure on July 8 (see The Source, 7/9/04).
The measure would allocate $142.53 billion in FY2005, a $2.77 billion increase over FY2004 and $202 million above the administration’s request.
Programs of particular interest to women and their families would receive the same level of funding as approved by the subcommittee.
During consideration of the bill, the committee approved, by voice vote, an amendment by Rep. David Weldon (R-FL) that would prohibit state and local governments from utilizing funds in the bill to discriminate against a health care provider that does not provide, pay for, or refer abortion services. Rep. Nita Lowey (D-NY) offered a second-degree amendment that would have prevented provisions in the Weldon amendment from preempting state law. The Lowey amendment would have specified that hospitals could not force their employees to withhold “all medically appropriate information.” The Lowey amendment was defeated by voice vote.
The committee also approved the following amendments by voice vote:
The committee defeated, 25-31, an amendment by Ranking Member David Obey (D-WI) that would have prohibited the Department of Labor from using funds in the bill to implement its rule on overtime pay, which was first published in March 2003. Under the final rule, full-time workers who earn up to $23,660 per year would be eligible for overtime pay. The Department of Labor estimates that an additional 1.3 million white-collar workers will be eligible for overtime pay. The rule is scheduled to go into effect on August 23.
As he did during subcommittee consideration, Rep. Obey offered an amendment that would have increased overall funding in the bill by $7.4 billion, including $5.6 billion for the Department of Education, $200 million for the Department of Labor, and $1.6 billion for the Department of Health and Human Services. The amendment would have been offset by a 30 percent tax cut reduction for individuals with annual incomes over $1 million. The amendment was defeated, 25-31.
Transportation, Treasury, and Independent Agencies
On July 15, a House Appropriations subcommittee approved, by voice vote, the FY2005 Transportation, Treasury, and Independent Agencies spending bill (as-yet-unnumbered).
The measure would allocate $89.9 billion in FY2005, a $1 billion increase over FY2004 and the administration’s request.
The bill includes funding for job access and reverse commute grants, which are used to aid welfare-to-work recipients who live in “urbanized areas with populations greater than 200,000” and have transportation costs associated with their jobs. In addition, the measure also provides funding for the Minority Business Resource Center, funding for minority business outreach, and funding for the Occupant Protection Incentive Grants. A more detailed summary of the spending bill will be available after full committee consideration next week.
Senate Committee Action
Military Construction
Bypassing subcommittee action, the Senate Appropriations Committee approved, 29-0, the FY2005 Military Construction spending bill (S. 2674) on July 15.
The measure would allocate $10 billion in FY2005, $687 million more than FY2004, $450 million above the administration’s request, and equal to the amount approved by the House Appropriations Committee on July 9 (see The Source, 7/9/04).
As requested by President Bush, $4.2 billion would be allocated for military family housing, of which $1.62 billion would be allocated for new family housing units and improvements to existing units, and $2.5 billion would be used for the operation and maintenance of existing units. Congress allocated $3.9 billion in FY2004 for military family housing.
