E&C Committee Republicans Head Home Without Acting on the National Drug Shortage Crisis

At a full Committee markup last week, Energy and Commerce Republicans advanced a Pandemic and All-Hazards Preparedness Act (PAHPA) reauthorization bill that makes no attempt to address the national drug shortage crisis and is woefully inadequate in addressing the lessons learned from the COVID-19 pandemic.

As we head into August recess, Republicans will be returning empty-handed to their districts, which are experiencing the toll of the nation’s ongoing drug shortages. Due to their unwillingness to work with Energy and Commerce Democrats, patients will be going another six weeks without any Congressional action and no answers on when they can expect any relief from these shortages, which are at a five-year high.

During last week’s markup, Committee Democrats offered amendments to improve Republican bills. They called out Republicans for their failure to support any of the amendments and a comprehensive PAHPA reauthorization bill that incorporated lessons learned from the COVID-19 pandemic, properly funded our public health infrastructure to better respond to future public health crises, addressed the current national drug shortage crisis, and readied our drug supply chain to prevent future drug shortages.

Republicans Refuse to Address Drug Shortages in PAHPA Reauthorization

Rep. Diana DeGette (D-CO) and Rep. Kathy Castor (D-FL) spoke about how the drug shortage crisis has personally affected families in their district whose children are currently undergoing pediatric cancer treatment and called for greater urgency from Congress on this crisis. These families simply do not understand why Committee Republicans refused to support the inclusion of provisions to address the drug shortage crisis in must pass PAHPA reauthorization legislation. 

"I personally am having phone calls from parents —whose kids are on these pediatric cancer drugs—who are afraid they can’t get these drugs. And it’s of little solace to them to hear that the Chair is releasing a draft bill next week, one week before a six-week Congressional recess.”

—Rep. DeGette

“This is a disappointing day. It’s not disappointing because we’re Democrats or Republicans. It’s disappointing for cancer patients. It’s disappointing for pediatric patients. We’ve all heard directly about drug shortages and device shortages. At St. Joseph’s Hospital, Children’s Hospital, just last month I heard of deep, deep concern from oncologists, from hospital leaders, but that paled in comparison to what I heard from parents who simply want Congress to work on solving problems.”

—Rep. Castor

Republican Bills Leave Our Nation Unprepared for Future Public Health Emergencies

Health Subcommittee Ranking Member Anna Eshoo (D-CA) highlighted the dangers of underfunding our nation’s public health programs and the risk it poses to the United States to be underprepared for future public health crises.

“I think that instead of negotiating a set of bipartisan policy priorities, we’re set on locking our nation’s public health programs into five years of underfunding. Beyond low funding levels, the main substantive policy changes in this policy is going to tie the hands of our preparedness professionals and hinder decision making.”

—Rep. Eshoo

Rep. Tony Cárdenas (D-CA) talked about how critical it is to take politics out of the process of future public health emergencies. The Republican legislation puts politics over protecting people.

“Why would we want to give politicians more say over how we respond to public health emergencies? We must ensure that policy is informed by science and that our experts are guiding the response. This bill, which requires a vote — or multiple votes — to maintain emergency authorities for our public health specialists, injects politics where it simply doesn’t belong.”

—Rep. Cárdenas

Full Committee Ranking Member Frank Pallone, Jr. (D-NJ) said Republicans are undermining our public health emergency preparedness by forcing the Centers for Disease Control (CDC) to operate without a permanent director at a critical time when our nation is still recovering the COVID-19 pandemic and as we face new and emerging public health threats.  

“This bill, in my opinion, is nothing more than an attempt to undermine the Biden Administration and force the CDC’s newest director, Dr. Mandy Cohen, to be relegated to an acting position subject to the political whims of the United States Senate. This bill serves no other purpose than subjecting a qualified, seasoned public health leader to a drawn-out confirmation fight at a time when Senators, as we’ve seen plainly, are more than willing to hold up critical appointments that are vital to our national security.”

—Rep. Pallone

Rep. John Sarbanes (D-MD) admonished the Republican Majority for undercutting the lessons learned from the COVID-19 pandemic and hamstringing the CDC’s ability to respond to future public health emergencies.

“I’m disappointed because the Committee today is marking up a series of bills, we’re going to hear about some others, that suggest we haven’t really learned from the recent public health emergencies.”

—Rep. Sarbanes

Democrats Offer Comprehensive PAHPA Alternative

Rep. Kim Schrier (D-WA) offered an amendment that would reauthorize the core PAHPA programs, increase funding for public health preparedness programs, help address the current national drug shortage crisis, and help shore up our nation’s supply chain to prevent future drug shortages. 

“It looks holistically at the issues, addresses the nation’s drug shortage crisis – something lacking in the previous bill and works to shore up our supply chains. This bill includes provisions like early warning systems to prevent drug shortages and creates transparency to make sure that medicines are getting to kids and families that need them. In an emergency, the last thing we should have to worry about is access to necessary medication.”

“This amendment simply comprehensively looks at the hardships that we faced during the pandemic and takes some lessons that we need to learn going forward and takes into account the multiple agencies needed to respond to a crisis.”

—Rep. Schrier

While House Republicans continue with their partisan process, all 23 Committee Democrats, led by Schrier and Eshoo, have introduced comprehensive PAHPA legislation to properly prepare our nation for future public health emergencies and protect Americans’ health and well-being.

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