Washington Insider -- Tuesday

By DTN's Washington Insider

Here's a quick monitor of Washington farm and trade policy issues from DTN's well-placed observer.

House Continues to Wrestle with 'Waters of the United States'

House Republicans continue to modify the Obama administration's proposed plan to define the jurisdiction of the Clean Water Act via the Waters of the United States (WOTUS) rule. Jointly published April 21 by the Environmental Protection Agency and the U.S. Army Corps of Engineers, the proposed rule would bring under federal jurisdiction all tributaries of streams, lakes, ponds and impoundments, as well as wetlands that affect the chemical, physical and biological integrity of larger, navigable downstream waters.

To make clear their objection to the proposal, House Republicans last week introduced legislation to block EPA and the corps from "developing, finalizing, adopting, implementing, applying, administering, or enforcing" the proposed waters of the United States rule or any associated guidance that attempts to clarify the scope of the Clean Water Act.

Other House action on WOTUS is coming this week. And like other legislation approved during this Congress, the versions that emerge from the House and Senate likely will differ significantly, meaning another conference committee will need to iron out those differences.

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CRS Report Finds Mexico Could Face Trade Challenges with Trans-Pacific Partnership

The Trans-Pacific Partnership (TPP) may have consequences for Mexico's North American Free Trade Agreement (NAFTA) commitments, including labor and environmental provisions, according to a Congressional Research Service report. For example, the final TPP trade agreement is likely to require Mexico to adhere to stronger and more enforceable labor and environmental provisions as well as to impose new rules on state-owned enterprises.

Labor and environmental provisions were negotiated as side agreements to NAFTA, something that members of Congress, especially Democrats, would prefer to see addressed directly by the TPP itself rather than as side agreements.

NAFTA took effect on Jan. 1, 1994, and since then, trade between the United States and Mexico has more than tripled since then. The United States is Mexico's top partner in merchandise trade, with approximately 80 percent of Mexico's exports destined for the United States.

Mexico already has announced plans to reform its economy in several significant ways that could make its participation in a TPP agreement easier to accomplish. Meanwhile, opposition to U.S. participation in TPP negotiations continues to grow on Capitol Hill.

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Washington Insider: Livestock Use of Antibiotics Challenged

An extremely influential report from a presidential committee on antibiotic resistance concludes that the use of antibiotics in livestock is leading to growing resistance in bacteria affecting humans. While the report did not take the next step and estimate how strong that link is, especially compared to overuse of antibiotics by physicians, it would appear to be one more step toward much tighter constraints on antibiotic use for livestock.

The President's Council of Advisors on Science and Technology met earlier this month to discuss the findings of their review. Their final report is expected to be edited and published in the near future, and to include more specific details.

Eric Lander, the council co-chairman, commented on the difficulty of pinning down responsibility for bacterial resistance to drugs and suggested that, "This is a cat-and-mouse game being played at the microscopic level. There is no permanent victory," he said. "Nonetheless, we can stay ahead of it."

Lander acknowledged that the most controversial topic in the report is the rise in use of antibiotics in livestock for growth promotion and the link with antibiotic resistance in bacteria affecting humans. "There remains great debate over the connection between humans and animals," he said. "Can they transfer to humans? Yes they do," he said, referring to resistant microbes. "There is clear documentation there is such an exchange. Where we are truly unclear is how much of the problem can be attributed to agriculture."

Advances in genome sequencing technologies, Lander said, will likely lead to more data confirming the extent of the connection. But in the meantime, he said, "We still need to act. The judicious use [of antibiotics] in agriculture is absolutely essential. There may come a point when it's judicious to say: no use."

Lander did note the Food and Drug Administration's Guidance 213 late last year and observed that the 26 major animal drug companies have since agreed to withdraw growth promotion claims from drug labels. Still, he said, "We are very aware that many people believe that disease prevention could be a big loophole," he said, referring to critics who believe heavy antibiotics use could expand despite reductions in use for growth promotion. "That's something we're going to have to monitor. If we don't see a response, we'll have to take that on."

At this point, the council report will recommend government incentives to the drug industry to develop new antibiotics in an attempt to overcome the relatively low pay-off in the marketplace and will suggest that Congress further limit use of antibiotics. These suggestions also will be linked to recommendations for additional funding for the National Institutes of Health, FDA and other agencies along with the development of a standing advisory council, coordinated by the White House and including "relevant" agency leaders and the creation of a national surveillance program and reference databases containing genome sequences for microbes.

Regarding animal agriculture, the report is expected to support additional research on alternatives to antibiotics. "Finding alternative approaches to growth promotion, disease prevention, and decreasing the need for human-relevant antibiotics," Lander said. "There's tremendous creativity needed there."

Observers note that the specific wording of the final report will be very important, especially the strength of the link between livestock antibiotic use and bacterial drug resistance. FDA's current voluntary program to reduce livestock non-therapeutic drug use is seen by many to be working, and is expected to change the livestock industry's drug use profile. Whether this is regarded as adequate given the seriousness of the problem, or even on the right track remains to be seen, Washington Insider believes.

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