House
Appropriations Labor, Health and Human Services, and Education Subcommittee
Approves FY 2008 Spending
Bill
On June 7th, the House Labor, Health and
Human Services, and Education (Labor HHS) Appropriations Subcommittee marked up and approved its FY 2008 funding bill. The funding bill
includes $153.7 billion in discretionary funds, which represents a 6.2 percent increase from FY 2007 funding levels and $12 billion more than
President Bush’s FY 2008 budget request. Under the funding bill, the Substance Abuse and Mental Health Services
Administration (SAMHSA) Substance Abuse Prevention and Treatment Block would receive a significant increase over last year’s spending
level. In addition, the Subcommittee-approved spending bill does not include cuts to SAMHSA’s Centers on Substance Prevention and
Treatment that were proposed in the President’s FY 2008 budget.
Under the FY 2008 spending bill, drug and alcohol education,
prevention, treatment and research programming would receive the following:
-
The Center for Substance Abuse Treatment (CSAT) would
receive $399.3 million, a $328,000 increase over FY 2007 funding levels and $47.2 million more than the President’s budget
request. The Subcommittee recommendation includes funding equal to the President’s request for the Access to Recovery (ATR)
program, $98 million ; $25 million of the ATR funds could be focused on treating methamphetamine addiction. In addition, the
CSAT funding recommended by the Subcommittee includes $37.8 million for the Center’s criminal justice programs, with $23.8 million that could
be used for drug courts.
The House Labor-HHS Subcommittee-approved spending bill is expected to be
reviewed by the full House Appropriations Committee next Thursday, June 14th and by the full House on June 21st. The Senate is expected to
begin its work on the FY 2008 funding process in the coming weeks.
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Legislation to Require HIV Testing of Individuals Being Released from Federal Prison and Treatment for Reentering Individuals with HIV
Introduced in the House
On May 24th, Congresswoman Diane Watson (D-CA) introduced H.R.
2554, the “After Care Act of 2007.” H.R. 2554 seeks to require HIV testing for individuals reentering society from
the federal prison system and to ensure that reentering people living with HIV are provided with treatment. The legislation does
not contain a waiver process through which individuals could refuse testing or treatment.
H.R. 2554 would require the Attorney General to test
individuals for HIV who are being released from federal prison. The legislation also requires that individuals who do test
positive for HIV be informed of their status and told that they have an obligation to accept treatment. The legislation does not
include any specific provisions on protecting the confidentiality of the individuals tested for HIV, nor does it contain discussion of how or whether
an individual could refuse testing or treatment.
Under H.R. 2554, as a condition of
supervised release, an individual reentering the community from federal prison who has HIV would be ordered by a court to accept treatment under the
programs established by the legislation and to inform any prospective sexual partner of the individual’s positive status.
H.R. 2554 would require the Attorney General and the Secretary of Health and Human Services to establish a program to provide treatment for
eligible individuals for two years following their release. Prior to an individual’s release from prison, a health care
provider would be assigned to formulate a medical discharge plan and to provide support services to the individual, as well as to provide
medication. Under H.R. 2554, the health care provider would be required to find medical treatment for the individual following
release, scheduling a medical appointment soon after release from the prison. The legislation details the contents of a discharge
plan, which would include provision of government issued ID, copies of all medical documents from the duration of incarceration, and completion of
the requirements necessary to establish eligibility for benefits under government programs, like Medicaid, so that eligibility is established prior
to release.
Under the legislation, eligible reentering individuals with
HIV would have access to services including treatment adherence services, substance abuse treatment, and mental health services.
Both a culturally competent case manager and counselor would be assigned to each individual to ensure support through the transition from
incarceration to the community. Additionally, the legislation requires a determination be made about whether the reentering
individual will be homeless upon release, and where an individual with HIV is deemed to be homeless, the legislation requires that safe and
appropriate housing be found. Finally, the individual would be given a one to two week supply of medication for treatment for
HIV/AIDS.
Following introduction, H.R. 2554 was referred to the House
Committee on the Judiciary and the Committee on Energy and Commerce. Further information about H.R. 2554, including the
legislation’s text and status, can be found at http://thomas.loc.gov/.
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Legislation Seeking to
Improve Access to Higher Education Introduced in the Senate ; Bill Contains A Provision to Bar Individuals with Certain Drug Convictions
from Receiving the Tax Credit
On March 13th, Senator Charles Schumer
(D-NY) introduced S.851, the “Higher Education Opportunity Act of 2007.” S. 851 would amend the
Internal Revenue Code of 1986 by replacing hope and lifetime earning credits with higher education opportunity credits. Senators
Maria Cantwell (D-WA), Debbie Stabenow (D-MI), Sherrod Brown (D-OH), Claire McCaskill (D-MO), Evan Bayh (D-IN), Ken Salazar (D-CO), Jon Tester
(D-MT), and Robert Casey (D-PA) have signed on to co-sponsor this legislation.
Seeking to make higher education more affordable, S. 851 would
provide a higher education opportunity credit of one hundred percent of qualified tuition and related expenses up to $1,000, fifty percent for
expenses between $1,000 and $3,000, and twenty percent of expenses between $3,000 and $5,000. S. 851 includes a provision that
would make individuals who have been convicted of certain drug offenses during the taxable year ineligible for the higher education opportunity
credits. Under the legislation, individuals who have been convicted of a state or federal felony drug posession or distribution
offense during the taxable year would be precluded from receiving this tax credit.
Following its introduction, S. 851 was referred to the Senate
Finance Committee, where the legislation awaits review. The full text and status of S. 851 can be found at : http://thomas.loc.gov/.
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