VON ESCHENBACH'S NOMINATION UNCERTAIN

The Bush administration's nomination of Andrew von Eschenbach to be the FDA commissioner faces an uncertain future that has less to do with the new Democratic Senate leadership than it does with members of the president's own party.

Sens. Jim DeMint (R-S.C.) and David Vitter (R-La.) placed holds on von Eschenbach's recommendation.

Vitter's hold, which he placed because he wants the FDA to allow drug importation, remains despite the fact that Congress passed a limited importation measure, a spokesman said. When DeMint announced his hold, he called on the agency to suspend sales of the contraceptive RU-486, pending an investigation into safety concerns. His office did not respond to a request for comment on whether he is still blocking the nomination.

If the nomination is not handled before the Senate adjourns for the year, a spokesman for Senate Health, Education, Labor and Pensions (HELP) Committee Chairman Mike Enzi (R-Wyo.) estimated that von Eschenbach would start at "about even odds" in Congress under Democratic control.