Durbin Anti-DSHEA Amendment Still Alive
by Lee Bechtel
National NHF Lobbyist
October 13, 2005
When it comes to federal agencies, there are two types of
bills that Congress considers. There are authorization bills
that set policy goals and direct where monies are supposed to
be spent, and appropriations bills that actually distribute
the money. In the absence of the passage of an authorization
bill, the agency appropriation legislation is used to serve
these dual legislative responsibilities.
The House and the Senate have both passed the spending bill
for fiscal year 2006 for the Department of Defense (DOD), HR
2863. The House has passed its Department of Defense
authorization bill, HR 1815. The Senate has yet to pass its
DOD authorization bill, S 1043.
It is to this last bill, S 1043, that Senator Durbin has
proposed his Amendment #1379. The Durbin amendment would
require manufacturers who sell dietary supplements on military
bases, except for vitamins, to submit reports of adverse
health reactions to the Food and Drug Administration (FDA).
However, Amendment #1379 would also apply to nonmilitary sales
of supplements to consumers.
A hundred or so amendments have been filed for S 1043,
including the Durbin amendment. Senate leaders from both
parties, including Senator Durbin, the Assistant Minority
Leader, are now in negotiations over what amendments will be
considered and voted on individually, and what amendments
could be considered “en bloc” and adopted by unanimous
consent, without a full Senate vote.
The NHF has been actively involved in lobbying against the
Durbin amendment and needs your continued help. Even if you
have already sent a letter to your US Senators urging them to
vote against Amendment #1379, please do so again.
If you have not sent a letter your US Senator, please help by
sending one now. Without your support, Senator Durbin may
prevail in his ongoing efforts to repeal DSHEA and give the
FDA the authority to regulate supplements more like drugs.