Legislative Items

H.R. 5116, COMPETE Acts Programs 6/10
The House of Representatives recently considered H.R. 5116. In 2007, Congress passed and President Bush signed into law, The America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science (COMPETES) Act. COMPETES aims to maintain and strengthen our nation’s global economic competitiveness by improving science, technology, engineering, and math (STEM) education. The law also establishes a variety of basic research programs in several agencies. The purpose of H.R. 5116 is to renew the COMPETE Act programs. When the bill was scheduled for consideration by the full House, a Representative proposed an amendment for the very first time in the process of the development of the bill. Representative Brad Ellsworth (D-IN), who is not a member of the House Science and Technology Committee which has jurisdiction over the legislation, offered the following amendment: “No funds authorized to be appropriated by this Act or the amendments made by this Act may be used to purchase gift items, knickknacks, souvenirs trinkets, or other items without direct educational value.” In very short order, the amendment was accepted without any discussion as a part of block of amendments. The House then passed the bill. The next step is for the Senate to decide whether it wishes to consider the House bill, develop its own bill, or do nothing. There has not been any previous activity in the Senate on the COMPETE Act. This does give us some time to address the issue. While it is not clear how many opportunities for promotional products in the programs administered under the COMPETE Act would be affected if this becomes law, we are certain that regardless, this is the kind of precedent we cannot accept. This episode demonstrates the challenges before us. The language appeared completely out of the blue at the very end of the process offered by someone not directly involved in the development of the bill because he had a general concern, and this was an available legislative vehicle to make his point. Who would have ever thought a bill that deals with the labs at the National Institute of Standards and Technology (NIST); National Science Foundation (NSF); and the Department of Energy’s (DOE) Office of Science; and the Advanced Research Projects Agency for Energy (ARPA-E) would be a source of concern for us?

S301 - Physicians Payments Sunshine Act
On Friday, June 19, the House leadership unveiled its draft comprehensive healthcare reform bill. It includes the provisions of a House version of the Physician Payments Sunshine Act. It is slightly different from the freestanding Senate version. The good news is we raised the bar slightly through our efforts to date. We got the threshold for items that are exempt from reporting requirements up from $0 to $5. But that is not high enough. It is absolutely imperative that we continue to work hard to get the Senate to raise the de minimis level to $25 in their freestanding version which currently would limit promotional products of ANY value. The melding of the Physician Payments Sunshine Act with overall healthcare reform will make it increasingly difficult for us to turn the clock back if the language we want is not in the Senate version. The Senate Finance Committee is working on its comprehensive healthcare bill. We can expect at the end of the process there will be an amendment to add S.301 to it. We need for it to include the $25 or for other Senators to object unless it does. Now, both the House and Senate have a ways to go before, or for that matter, IF they complete their consideration of the comprehensive healthcare bills. Committees’ activities will eat up the month of July. We still have time, but it is imperative we begin to solidify “our ducks in a row” and the time to do that is NOW. Please go to www.ppailaw.org for information on the bill and to send e-mails to your Senators and representative. However, this late in the game, sending an e-mail is not enough. You must call your two Senators. 1. Go to www.senate.gov to find your two Senators. 2. Call the central congressional switchboard at 202-224-3121. Ask to be transferred to your Senators’ offices. Explain that you are a constituent and ask to speak to a staff person with responsibility for business issues. Explain that you would like to discuss the nature of your business and the impact of S.301 on your business. 3. Tell them the language we would like to have changed is new SECTION 1128G (g) (10) (A) which currently reads: “The term `payment or other transfer of value' means a transfer of anything of value and includes, subject to subparagraph (B), without limitation, any compensation, gift, honorarium, speaking fee, consulting fee, travel, services, dividend, profit distribution, stock or stock option grant, or ownership or investment interest.” To read: “The term `payment or other transfer of value' means a transfer of anything of value that exceeds $25, and includes, subject to subparagraph (B), without limitation, any compensation, gift, honorarium, speaking fee, consulting fee, travel, services, dividend, profit distribution, stock or stock option grant, or ownership or investment interest.” 4. If you do not talk with someone with policy responsibility, at a minimum, explain you are a constituent and that you would like their fax number so you can send a letter on your letterhead. 5. www.PPAILAW.org gives you all the information you need for explaining your position. Members of the Senate Finance Committee are particularly important. If you live in their states, it is critical you call them and get others to do so. Please forward this e-mail to any of your contacts, vendors, suppliers and friends and urge them to take action as well. Thanks for all you do,

Steve Slagle, CAE PPAI President/CEO