The Senate version of the legislation does not include a provision that appears in the House bill that would prevent FDA from enforcing restrictions on reimporting less-expensive prescription drugs from other nations. Sen. David Vitter (R-La.) filed a similar provision in the Senate but did not bring it to the floor because he was concerned that the cost of implementing drug safety requirements would cost votes, he said. The Bush administration had threatened to veto the legislation if the prescription drug provision was included. A Senate appropriations aide said the Senate's added funding will go partly toward the FDA. The Senate bill represents a more than 18% spending increase from $85.1 billion in FY 2005, according to committee figures. The Senate has named conferees to reconcile the House and Senate versions of the bill, while the House has not yet done so.

Congressional aides this weekend might begin working on a conference to reconcile the two bills, House Appropriations Committee spokesperson John Scofield said. It is expected that the reimportation language in the House bill will be dropped to resolve the differences between the two versions.

There are, however, other developments buried in the budget legislation that health freedom advocates can take to heart. First and foremost, there is no language about the FDA taking regulatory actions on supplements, nor anything in regard to DSHEA.

The spending bill also includes the withholding of $6 million dollars of the funds provided for the key administrative offices - Commissioner's Office included, until the head of the FDA testifies before the House Appropriations Subcommittee. This represents 20% percent of the new money being proposed for next year ($30 million) for all of the FDA.

The money is being withheld because the now former FDA Commissioner, Lester Crawford, did not show up at a hearing before the Subcommittee By FDA standards, not a large amount of money. But, any reduction is better than none. Sometimes Congress can take action to penalize the agency for its well-known arrogant attitude.

Below are two examples of FDA mismanagement referenced in the bill report filed with the legislation.

1) The FDA has spent $19,674,855 on employee bonuses. This is twice the increase proposed this year for the FDA's Office of Drug Safety.

2) The FDA's most senior staff spent more than $442,000 on travel in one year. This is equal to 50% of what the FDA spends in one year to review consumer drug ads for consumer protection.

What this shows is that the Congressional political support for the “same-old” FDA is lessening which is good for consumers no matter how you cut it. And, it is good for health freedom advocates because it seriously weakens the ability of anti-DSHEA Congressional members to repeal DSHEA or give the FDA more resources or authority in an attempt to regulate supplements like drugs.