POLICY BRIEFINGS

OMB Clears Ban on Menthol Flavoring in Cigarettes/Cigars


The Office of Management and Budget has cleared two proposed rules from the Food and Drug Administration (FDA) that would ban menthol flavoring in cigarettes and all characterizing flavors in cigars. The regulations can now be published by the agency at any time. The FDA had announced plans last year to pursue these policies as a part of its efforts to address health disparities and reduce the death and disease caused by combusted tobacco product use. Smoking products with menthol flavoring are disproportionately used by Black Americans.


WH to Rescind Conscience Rule


The Biden administration is reportedly planning to rescind the Trump-era conscience rule that permits health care providers to refuse to provide care that conflicts with their religious or moral beliefs. The rule, which was finalized in 2019 but blocked by federal courts, has never been implemented. A spokesperson for the U.S. Department of Health and Human Services has confirmed the decision to rescind the regulation and stated that a policy change is underway. A formal announcement could come as early as the end of this month, amidst actions by many GOP-led states to limit access to abortions and procedures for transgender patients.


White House Personnel Changes


Anita Dunn, a communications and political strategist, will return to the White House as a senior advisor. She left her temporary role in the Biden Administration last August to return to SKDK, the communications and political consulting firm where she is a partner and founding member. Also, Ian Sams will be moving to the White House Counsel’s Office from his current position as Deputy Assistant Secretary for Public Affairs at the Department of Health and Human Services. These recent moves are viewed by some as the start to ensuring seasoned individuals are in place to manage possible congressional investigations and inquiries should republicans win the majority in the House and/or Senate during the upcoming mid-term elections.


Upcoming Congressional Hearings and Markups


Senate Health, Education, Labor, and Pensions Committee hearing “FDA User Fee Agreements: Advancing Medical Product Regulation and Innovation for the Benefit of Patients, FDA Center Directors;” 10:00 a.m.; April 26

House Veterans Affairs’ Subcommittee on Technology Modernization hearing “Next Steps: Examining Plans for the Continuation of the Department of Veterans Affairs Electronic Health Record Modernization Program;” 2:00 p.m.; April 26

House Oversight and Reform Committee hearing “McKinsey & Company’s Conduct and Conflicts at the Heart of the Opioid Epidemic;” 10:00 a.m.; April 27

House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies hearing “Fiscal Year 2023 Budget Request for the Food and Drug Administration;” 10:00 a.m.; April 27

House Energy and Commerce Subcommittee on Health hearing “The Fiscal Year 2023 HHS Budget;” the witness will be HHS Secretary Xavier Becerra; 10:15 a.m.; April 27

House Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies hearing “Meeting Veterans’ Full Needs: Update on Women’s Health, Mental Health, Homelessness, and Other Programs;” 2:00 p.m.; April 27

Senate Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies hearing to examine proposed budget estimates and justification for fiscal year 2023 for the Food and Drug Administration; 10:00 a.m.; April 28

House Ways and Means Committee hearing “Proposed Fiscal Year 2023 Budget with Health & Human Services Secretary Becerra;” 10:30 a.m.; April 28


Recently Introduced Health Legislation


H.R.7537 — To amend title V of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to establish a program under which the Secretary will award grants to eligible entities to provide community-based mental health services in communities in which an active shooter event or incident of targeted violence occurred, and for other purposes; Sponsor: Rep. McBath, Lucy [D-GA-6]; Committees: House - Energy and Commerce

H.R.7539 — To amend the Internal Revenue Code of 1986 to exclude from gross income payments under the Indian Health Service Loan Repayment Program and certain amounts received under the Indian Health Professions Scholarships Program; Sponsor: Rep. Moore, Gwen [D-WI-4]; Committees: House - Ways and Means

H.R.7540 — To direct the Secretary of Labor to promulgate an occupational safety and health standard on reducing the threat of violence in the workplace, and for other purposes; Sponsor: Rep. Neguse, Joe [D-CO-2]; Committees: House - Education and Labor

H.J.Res.81 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Health and Human Services relating to “Vaccine and Mask Requirements To Mitigate the Spread of COVID-19 in Head Start Programs”; Sponsor: Rep. Joyce, David P. [R-OH-14]; Committees: House - Education and Labor

H.R.7559 — To provide for digital communication of prescribing information for drugs (including biological products), and for other purposes; Sponsor: Rep. Sherrill, Mikie [D-NJ-11]; Committees: House - Energy and Commerce

H.R.7565 — To continue to fund the IMPROVE Initiative through the Eunice Kennedy Shriver National Institute of Child Health and Human Development, and for other purposes; Sponsor: Rep. Underwood, Lauren [D-IL-14]; Committees: House - Energy and Commerce



April 25, 2022: | Page 1 Page 2

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