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Key House committee passes Speaker Nancy Pelosi’s sweeping drug pricing bill

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The House Energy and Commerce Committee on Thursday approved Speaker Nancy Pelosi‘s sweeping drug pricing bill, a key step in getting the legislation to the full House floor for a vote later this year.

The bill passed on a vote of 30 to 22 on Thursday evening.

The main thrust of Pelosi’s bill will allow Medicare to negotiate lower prices on as many as 250 of the most expensive drugs per year and apply those discounts to private health plans across the U.S. The bill also includes a penalty on drug makers that refuse to negotiate or fail to reach an agreement with the U.S. government, starting at 65% of the gross sales of the drug in question.

Republican members on the committee expressed concerns with the legislation, particularly that it would discourage innovation for new medicines in the pharmaceutical industry. Some GOP members said the legislation was rushed and dead on arrival in the Senate.

“I don’t believe that I was elected to write bills that would never go anywhere,” said Michael Burgess of Texas, the top Republican on the Energy and Commerce Committee’s health panel. “And that’s exactly where this bill is headed.”

Prior to the vote Thursday, Energy and Commerce Chairman Frank Pallone Jr, D-NJ, introduced changes to the bill, which included a price cap for new negotiated drugs until there are at least two or more generic competitors. It also increases the minimum number of drugs Medicare must negotiate from 25 to 35, which would be phased in.

The legislation will need to move through other committees before it can go to the full House floor for a vote. Pelosi and other House Democratic leaders, who had been working on the plan for months, are working to get it through committees to the floor as soon as the end of this month. The House Education and Labor Committee approved the bill Thursday on a party-line vote.

Late Friday, a preliminary analysis from the nonpartisan Congressional Budget Office showed Pelosi’s plan would save Medicare $345 billion over 10 years. Those savings wouldn’t begin until 2023, assuming the bill gets passed by both the House and Senate and signed by Trump before the end of this year. The greatest savings would come in 2028 at $93 billion, the CBO said.

High prescription drug costs have become a rare bipartisan issue, with lawmakers on both sides of the aisle demanding changes. Congress and the Trump administration are trying to pass legislation before the end of the year that would bring more transparency to health-care costs and, ultimately, lower costs for consumers. Health care remains a top issue for voters ahead of the 2020 presidential election.

Senate Finance Committee Chairman Chuck Grassley, R-Iowa is also currently working to rally support for a Senate drug pricing bill backed by Trump.

That plan, which lawmakers have described as a “middle ground” approach to handling drug prices, would also make changes to Medicare and includes a penalty for pharmaceutical companies that raise drug prices faster than inflation.

The Pharmaceutical Research and Manufacturers of America, called PhRMA, the industry’s main trade group, opposes both Pelosi’s and Grassley’s plans. The group says Pelosi’s bill gives “the federal government unprecedented, sweeping authority to set medicine prices in public and private markets while importing price controls from other countries that restrict access to innovative medicines.”

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Elijah Cummings, Baltimore congressman and civil rights leader, dies at 68

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U.S. Representative Elijah E. Cummings, a Democratic congressman from Maryland who gained national attention for his principled stands on politically charged issues in the House, his calming effect on anti-police riots in Baltimore, and his forceful opposition to the presidency of Donald Trump, died Oct. 17 at a hospice center in Baltimore. He was 68.
The cause was “complications concerning long-standing health challenges,” his office said in a statement. Mr. Cummings was chairman of the House Oversight and Reform Committee and a leading figure in the Trump impeachment inquiry and had been out of his office for weeks while recovering from an unspecified medical procedure.

Born to a family of Southern sharecroppers and Baptist preachers, Mr. Cummings grew up in the racially fractured Baltimore of the 1950s and 1960s. At 11, he helped integrate a local swimming pool while being attacked with bottles and rocks. “Perry Mason,” the popular TV series about a fictional defense lawyer, inspired him to enter the legal profession.

Many young men in my neighborhood were going to reform school,” he told the East Texas Review. “Though I didn’t completely know what reform school was, I knew that Perry Mason won a lot of cases. I also thought that these young men probably needed lawyers.”

‘It was like a gut punch’: Reactions pour in after Cummings’s death

Following the news of Rep. Elijah E. Cummings’s (D-Md.) death on Oct. 17, politicians, television hosts and community leaders paid tribute to the civil rights leader.
In the Maryland House of Delegates, he became the youngest chairman of the Legislative Black Caucus and the first African American to serve as speaker pro tem, the member who presides in the speaker’s absence.
In 1996, he won the seat in the U.S. House of Representatives that Kweisi Mfume (D) vacated to become NAACP president. Mr. Cummings eventually served as chairman of the Congressional Black Caucus and as ranking Democrat and then chairman of what became the House Oversight and Reform Committee. 

‘A giant of integrity and knowledge has fallen’: Congress reacts to the death of Rep. Elijah Cummings
He drew national attention as Secretary of State Hillary Clinton’s chief defender during 2015 congressional hearings into her handling of the attack three years earlier on U.S. government facilities in Benghazi, Libya. The attack killed U.S. Ambassador J. Christopher Stevens and three other Americans.
He was “the quintessential speaking-truth-to-power representative,” said Herbert C. Smith, a political science professor at McDaniel College in Westminster, Md. “Cummings has never shied from a very forceful give-and-take.”
Baltimore’s plight informed Mr. Cummings’s life and work on Capitol Hill, a connection exemplified by his response to the death of 25-year-old Freddie Gray in April 2015 and the explosion of outrage that came after it.

Gray died of injuries suffered while riding, improperly secured, in a police van after he was arrested for carrying a knife, in his pocket, that police said was illegal. His death ignited rioting in Baltimore and elevated tensions nationally over perceived racism and excessive violence in law enforcement.
Speaking at the funeral, Mr. Cummings, who lived near where Gray was arrested, bemoaned the presence of media to chronicle Gray’s death without celebrating his life.

“Did you see him? Did you see him?” Mr. Cummings asked in his booming baritone. The church exploded with applause, and civil rights activist Jesse L. Jackson sat, rapt, behind him. “Did you see him?” 
“I’ve often said, our children are the living messages we send to a future we will never see,” he said, his voice rising. “But now our children are sending us to a future they will never see! There’s something wrong with that picture!”
When looting began, hours after the funeral, Mr. Cummings rushed, bullhorn in hand, to a troubled West Baltimore neighborhood, where he worked to restore order and to assure residents that authorities were taking the case seriously. (Six officers would be charged in Gray’s death, although prosecutors failed to secure a conviction against any of them.)
Amid the unrest, he and a dozen other residents marched, arm in arm, through the streets, singing “This Little Light of Mine.”

Mr. Cummings was known for showing the same kind of commitment in the House. The bullhorn he wielded in West Baltimore was emblazoned with a gold label that read, “The gentleman will not yield.” It was a gift from his Democratic colleagues, bestowed after Rep. Darrell Issa (R-Calif.) silenced Mr. Cummings’s microphone at a 2014 hearing into complaints that the Internal Revenue Service had unfairly targeted conservative nonprofit groups.
The next year, while serving on the House Select Committee on Benghazi, he sparred with Chairman Trey Gowdy (R-S.C.) during hearings Republicans convened to examine Clinton’s role in the Benghazi debacle.
When Gowdy interrogated Clinton about Libya-related emails sent from a longtime confidant of hers, Sidney Blumenthal, Mr. Cummings interjected: “Gentleman, yield! Gentleman, yield! You have made several inaccurate statements.”

Talking to reporters in the hallway later, Mr. Cummings said his primary purpose was not to defend Clinton but to seek “the truth, the whole truth and nothing but the truth.”
“Let the world see it,” he said. The experience didn’t appear to sour Gowdy on Mr. Cummings.
“It’s not about politics to him; he says what he believes,” Gowdy told the Hill newspaper. “And you can tell the ones who are saying it because it was in a memo they got that morning, and you can tell the ones who it’s coming from their soul. And with Mr. Cummings, it’s coming from his soul.”

Cummings Dealing With Trump

Cummings defends unleashing subpoenas over Trump security clearances
House Oversight chairman Elijah Cummings (D-Md.) urged Congress April 2 to support issuing subpoenas over Trump administration security clearances.  The first two years of the Trump administration, 2017 and 2018, were agonizing for Mr. Cummings, who was battling ill health, including complications of heart surgery, as well as political frustration.
Mr. Cummings said his efforts to work with Trump and members the GOP majority in the House were fruitless. He said that at the luncheon after Trump’s inauguration and during other encounters, he urged the president to pursue policies that could unite the country and burnish his legacy. The congressman said that after a few promising meetings, he stopped hearing from Trump. 

“Perhaps if I knew then what I know now, I wouldn’t have had a lot of hope,” Mr. Cummings later remarked. “He is a man who quite often calls the truth a lie and calls a lie the truth.”
As ranking Democrat on the Oversight Committee, Mr. Cummings became a leading voice against the Trump administration’s efforts to add a citizenship question to the 2020 Census, a change that critics contended would discourage participation by documented and undocumented immigrants alike.
He was also a forceful opponent of an immigration policy that separated thousands of children from their parents after they illegally crossed the southern U.S. border. He described the Trump White House as inhumane in its use of “child internment camps.”

In turn, the president went on a Twitter tirade against Mr. Cummings and described his majority black Baltimore district as a “disgusting, rat and rodent infested mess” and suggested the congressman focus his efforts on cleaning up “this very dangerous & filthy place.”
Mr. Cummings’ response was not to dignify the attack, instead telling an audience at the National Press Club in Washington: “Those at the highest levels of government must stop invoking fear, using racist language and encouraging reprehensible behavior. As a country, we finally must say that enough is enough. That we are done with the hateful rhetoric.”

After Democrats won control of the House in the November 2018 midterm elections, Mr. Cummings was elevated to chairman of the Oversight Committee, a position that he used to spearhead probes into security clearances issued by the White House over the objections of career officials and payments made during the 2016 campaign to silence women who claimed to have had affairs with Trump.
Mr. Cummings had a combative streak, but he was adept at calming volatile situations, such as the sharp exchange between Rep. Mark Meadows (R-N.C.) and Rep. Rashida Tlaib (D-Mich.) during a hearing in February 2019.
The Oversight Committee was taking testimony from Michael Cohen, Trump’s former personal lawyer, and Tlaib accused Meadows of pulling a “racist” stunt by having a black woman, an administration employee, stand behind him. Meadows demanded that her words be stricken from the record.
Mr. Cummings called Meadows “one of my best friends” and prompted Tlaib to say that she was not calling Meadows a racist. By the next day, the conservative Meadows and liberal freshman Tlaib were hugging in public.
“Interaction, man,” Mr. Cummings said by way of explanation. “Human interaction, that’s all.”
‘Not my Baltimore’: In Cummings’s district, a rich tapestry of problems and gems.

Lawyer and lawmaker

House Oversight and Government Reform Chairman Elijah Cummings (D-Md.) addresses a National Press Club luncheon on his “committee’s investigations into President Donald Trump and his administration,” in August 7. Cummings died early Thursday at the age of 68.
Elijah Eugene Cummings was born in Baltimore on Jan. 18, 1951. His father worked at a chemical factory, his mother at a pickle factory and later as a maid while raising seven children. Both parents came from sharecropping families in South Carolina. Although they struggled to feed their family, his parents would can apples and peaches and give half the preserves to people in need.
The proprietor of a Baltimore drugstore where Mr. Cummings worked paid his application fee to Howard University and, during Mr. Cummings’s time as a Howard student, regularly sent him $10 with a note that read, “Hang in there.”
At Howard, he served as student government president, and he received a bachelor’s degree in political science in 1973. He received a law degree from the University of Maryland three years later and practiced law, mostly in private practice, for nearly two decades.
He also helped law students develop their oral and writing skills as chief judge on the Maryland Moot Court, a competition in which students submit briefs and present oral arguments in a hypothetical appellate case.
In the Maryland House of Delegates, where Mr. Cummings served from 1983 to 1996, he championed a ban on alcohol and tobacco ads on inner-city billboards in Baltimore — the first prohibition of its kind in a major U.S. city.
On Capitol Hill, Mr. Cummings was among the minority of House members and senators who voted in 2002 against authorizing a military invasion of Iraq. President George W. Bush’s administration, in the aftermath of the Sept. 11, 2001, terrorist attacks, was alleging that Iraq continued to possess and develop weapons of mass destruction. 

Mr. Cummings said there was not sufficient evidence of such weapons to “send our young people off to war and thereby place their lives in harm’s way,” an opinion supported by subsequent investigations.
Also in 2002, Mr. Cummings was elected chairman of the Congressional Black Caucus, a position he used to push for increased funding for public education and the Head Start program.

His first marriage, to Joyce Matthews, ended in divorce after a long separation. In 2008, he married Maya Rockeymoore, a policy consultant and chairwoman of the Maryland Democratic Party. A complete list of survivors was not immediately available.
In the mid-1990s, he had financial difficulties. He was sued by creditors and owed $30,000 in federal taxes, which he eventually paid. He told the Baltimore Sun that during his time as a congressman, he endured two winters without heat because he could not afford to fix his furnace.
He has said the money problems stemmed from his struggles to keep his law practice afloat while running for Congress and also from helping to support his three children. “I have a moral conscience that is real central,” he told the newspaper. “I didn’t ask the federal government or anyone else to do me any favors.”

Mr. Cummings said he considered running to succeed Sen. Barbara A. Mikulski (D-Md.), who did not seek reelection in 2016, but decided that he was needed in Baltimore to help the riot-torn city. 
A member of New Psalmist Baptist Church in Baltimore, Mr. Cummings said he was driven by his faith and secure in his conviction that history would recognize his resolve to stand up for what he believed was right.
“In the city of Baltimore, there are over a thousand monuments, and not one monument is erected to memorialize a critic,” he once said in a speech. “Every one of the monuments is erected to memorialize one who was severely criticized.”

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Justice Kennedy, the pivotal swing vote on the Supreme Court, announces retirement

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Justice Anthony M. Kennedy announced Wednesday that he is retiring from the Supreme Court, a move that gives President Trump the chance to replace the court’s pivotal justice and dramatically shift the institution to the right, setting up a bitter partisan showdown on Kennedy’s successor.

“It has been the greatest honor and privilege to serve our nation in the federal judiciary for 43 years, 30 of those years on the Supreme Court,” Kennedy, who is stepping down July 31, said in a statement.

Kennedy, 81, joined the court in 1988 and has been its most important member for more than a decade. The Californian, who was chosen by President Ronald Reagan, has cast the deciding vote on the court’s controversial Citizens United campaign finance decision, the constitutional right to same-sex marriage and the continued viability of affirmative action.

On almost every major issue that has faced the court in recent years, neither the court’s liberal, Democratic-appointed justices nor Kennedy’s fellow ­Republican-appointed conservative colleagues could prevail without his swing vote.

His decision likely will make Chief Justice John G. Roberts Jr. the central justice on the nine-member court. Roberts, 63, has shown himself to be well to the right of Kennedy.

Washington could be in for an epic battle over Kennedy’s replacement. While Senate Democrats lack the numbers to deny the seat to whoever Trump chooses, they will ratchet up the stakes of the choice.

It will be the first time since Justice Clarence Thomas replaced Thurgood Marshall more than 25 years ago that a new justice could radically change the direction of the court. Since then, new members added to the court have replaced justices of the same general ideology.

Kennedy is a courtly presence on the court, with a gentlemanly demeanor and a jurisprudence based on the respect the Constitution provides for individual liberty and dignity.

He was a compromise choice for Reagan, who had first nominated the more controversial conservative Judge Robert Bork for the position. The Senate voted him down.

Kennedy has been a disappointment to the right, which has been unable to forgive his vote to uphold the basic underpinnings of Roe v. Wade, which guaranteed a woman’s right to choose an abortion. And Kennedy has written each of the court’s major gay rights decision, including Obergefell v. Hodges, which said the Constitution requires that gay couples be allowed to marry.

Liberals came to value Kennedy because he was the best they could hope for. But Kennedy most often votes with the court’s conservatives: He is further to the right on law-and-order issues than Justice Antonin Scalia was, he is comfortable with the court’s protective view of business, and he shared the losing view that the entire Affordable Care Act is unconstitutional.

His belief that campaign finance regulation often violates free speech was exemplified in his authorship of the opinion in Citizens United, which has opened the door for an explosion of big money in elections.

Whoever Trump nominated to fill Kennedy’s seat will likely share those views, but not his liberal opinions on social issues.

Trump convinced evangelicals and other conservatives to support him based on the next president’s ability to shape the Supreme Court, a promise he has already begun to fulfill. Early in his term, he successfully place conservative Neil M. Gorsuch on the bench, and he could have the chance to fill more openings.

Of the court’s four liberals, Justice Ruth Bader Ginsburg is 85 and Justice Stephen G. Breyer turns 80 this summer.

Gorsuch’s appointment returned the court to the status quo that existed before Scalia died. But a court without Kennedy would be a different place.

With Kennedy on board, a five-member majority struck down a Texas law that it said used protecting women as a pretext for making abortion unavailable, and the court continued a limited endorsement of affirmative action.

Many if not all of those holdings would be at risk in a court with five consistent conservatives, the oldest being 69-year-old Justice Clarence Thomas.

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Top Justice Dept. official alerted White House 2 weeks ago to ongoing issues in Kushner’s security clearance

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A top Justice Department official alerted the White House two weeks ago that significant information requiring additional investigation would further delay the security clearance process of senior adviser Jared Kushner, according to three people familiar with the discussion.

The Feb. 9 phone call from Deputy Attorney General Rod J. Rosenstein to White House Counsel Donald McGahn came amid growing public scrutiny of a number of administration officials without final security clearances. Most prominent among them is Kushner, President Trump’s son-in-law, who has had access to some of the nation’s most sensitive material for the last year while waiting for his background investigation to be completed.

A week after the call from Rosenstein, White House Chief of Staff John F. Kelly announced that staffers whose clearances have not been finalized will no longer be able to view top-secret information — meaning that Kushner could stand to lose his status as early as Friday.

As president, Trump can grant Kushner a high-level security clearance, even if his background investigation continues to drag on. But Trump said Friday that he would leave that decision to Kelly.

In his phone conversation with McGahn, Rosenstein intended to give an update on the status of Kushner’s background investigation. He did not specify the source of the information that officials were examining.

Justice Department officials said Rosenstein did not provide any details to the White House about the matters that need to be investigated relating to Kushner.

“The Deputy Attorney General has not referenced to the White House any specific concerns relating to this individual’s security clearance process,” spokeswoman Sarah Isgur Flores said in a statement.

A White House spokesman declined to comment on the status of Kushner’s clearance or on information relayed by Rosenstein to McGahn.

Kushner’s lawyer, Abbe Lowell, declined to comment.

In a statement to The Washington Post last week, Lowell said he had been assured by officials that there was nothing unusual about the delay in Kushner’s security clearance.

“My inquiries to those involved again have confirmed that there are a dozen or more people at Mr. Kushner’s level whose process is delayed, that it is not uncommon for this process to take this long in a new administration, that the current backlogs are being addressed, and no concerns were raised about Mr. Kushner’s application,” Lowell said in a statement on Feb. 16.

Kushner’s interim clearance allows him to view both top-secret and sensitive compartmented information — classified intelligence related to sensitive sources. With that designation, he has been able to attend classified briefings, get access to the president’s daily intelligence report and issue requests for information to the intelligence community.

Security clearance experts said it is rare to have such a high level of interim clearance for such a long period of time. Typically, senior officials do not get interim access to top-secret and sensitive compartmented material for more than three months, experts said.

The day before Rosenstein’s call to McGahn, The Post reported that Kushner was among dozens of White House personnel who were relying on interim clearances while their FBI background investigations were pending.

White House officials have complained that they have had trouble getting information from the Justice Department and FBI about the status of delayed clearances, including Kushner’s. People familiar with the Feb. 9 call said Rosenstein was returning a White House phone call seeking guidance on the status of his background investigation, among those of others.

Rosenstein intended to speak to Kelly, but the chief of staff was not immediately available, so he ended up talking to McGahn instead, according to three people familiar with the call.

In the call, Rosenstein did not say whether the information that had come to the attention of the Justice Department was learned by the FBI in its standard background clearance investigation of White House staff. Rosenstein also oversees the investigation by special counsel Robert S. Mueller III, who has scrutinized Kushner’s contacts with foreign officials and business dealings as he examines Russia’s interference in the 2016 election.

There are conflicting accounts about whether Rosenstein discussed with McGahn the significance of the information and its possible impact on Kushner’s clearance. Two people said the deputy attorney general told McGahn the Justice Department had obtained important new information, suggesting it could be an obstacle to his clearance process. One other said Rosenstein did not discuss the nature of the ongoing investigation.

Bob Bauer, who served as White House counsel in the Obama administration, said administration officials should view Rosenstein’s alert as a strong reason to revoke Kushner’s interim top-secret access.

“It seems to me that he should have restricted access to highly classified material until the resolution of those issues,” Bauer said.

Kushner’s inability to obtain a final clearance has frustrated and vexed the White House for months. As someone who meets regularly with foreign officials and reads classified intelligence, he would typically have a fast-tracked background investigation, security clearance experts said.

During the last six months, McGahn privately discussed the slow pace of Kushner’s background investigation with other senior aides, including with Kelly in the fall, according to a top administration official. Kelly expressed frustration with Kushner’s access to classified material on an extended interim clearance, according to the official. But McGahn and Kelly decided to wait for the FBI to complete its background investigation and took no action at the time to change his access.

Their wait-and-see mode ended abruptly last week, when Kelly issue a new policy that would block staff with interim clearances from receiving top-secret information as of Friday.

The changes were prompted by intense scrutiny that has followed domestic-abuse allegations against Rob Porter, the president’s former staff secretary, who was also working under an interim top-secret clearance.

The move puts a “bull’s eye” on Kushner, a senior official told The Post last week.

Kelly has told associates that he is uncomfortable with Kushner’s uncertain security clearance status and his unique role as both a family member and staffer, according to people familiar with the conversations. He has said he would not be upset if the president’s son-in-law and his wife, Ivanka Trump, left their positions as full-time employees.

On Friday, Trump said he would defer the question of Kushner’s access to his chief of staff.

“I will let Gen. Kelly make that decision, and he’s going to do what’s right for the country,” the president said during a news conference. “And I have no doubt that he will make the right decision.”

In a statement about Kushner issued earlier this week, Kelly said he had “full confidence in his ability to continue performing his duties in his foreign policy portfolio including overseeing our Israeli-Palestinian peace effort and serving as an integral part of our relationship with Mexico.”

Inside the White House, officials have discussed concerns that the delay in Kushner’s clearance is due in part to repeated updates he made to a form detailing his contacts with foreign officials.

He filed three amendments last year to the questionnaire, after failing to fully disclose contacts reaching back several years. Kushner has said the omissions were inadvertent errors.

Investigators scrutinize those activities to determine whether a person could be subject to influence or blackmail by a foreign government and can be trusted to guard classified information.

Ordinarily, security clearance experts said, the failure to completely disclose all contacts would jeopardize an applicant’s chances of obtaining final clearance.

In addition, Kushner’s actions during the transition have been referenced in the guilty plea of former Trump national security adviser Michael Flynn, who admitted he lied to the FBI about contacts with then-Russian Ambassador Sergey Kislyak. Prosecutors said Flynn was acting in consultation with a senior Trump transition official, whom people familiar with the matter have identified as Kushner.

 

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