House and Senate Approve Continuing Resolution to

Fund Federal Programs through November 17^th

Congress has approved a seven-week continuing resolution (CR) that will continue to fund programs whose spending bills they have not yet approved, including the Labor, Health and Human Services, and Education (LHHS) spending bill that funds alcohol and drug prevention, treatment, education and research programs.  The CR is necessary since the 2006 fiscal year is set to end on September 30^th and funds for federal programs receiving discretionary monies will come to an end.  The CR was passed as a part of the Department of Defense appropriations package that was approved by the full House on September 26^th and the Senate on September 29^th. 

Under the continuing resolution, federal programs will be funded at fiscal year 2006 levels through November 17^th.  Both houses of Congress are scheduled to recess on September 29^th and are due to return from the mid-term election recess during the week of November 13^th for a lame-duck session.  Leadership in both chambers have expressed their intention to schedule work on the remaining appropriations bills during the November session.  The House Appropriations Committee approved a LHHS spending bill in June and the Senate Appropriations Committee approved its bill in July.  Additional information, including the text and status of the LHHS funding bills, can be found at: http://thomas.loc.gov/home/approp/app07.html. 

Bill to Reauthorize Ryan White CARE Act Approved by the Full House; Senate Could Vote on Legislation Before Congress Recesses; Legislation Would Make a Number of Significant Changes to Current Law

On September 28^th, the full House approved legislation to reauthorize the Ryan White CARE Act (RWCA) for the next five years.  The Ryan White HIV/AIDS Treatment Modernization Act of 2006 would provide federal funding for health care and supportive services to people living with HIV/AIDS.  The House voted to approve the legislation, H.R. 6143, by a 325 to 98 vote.  Although the RWCA expired in October of 2005, the program has continued to receive funding. 

In the Senate, sponsors of the Ryan White HIV/AIDS Treatment Modernization Act had attempted to schedule a vote on the legislation this week, but were unable to do so after a hold was placed on the legislation.  A small group of Senators, including Senators Hillary Clinton (D-NY), Barbara Boxer (D-CA), and Frank Lautenberg (D-NJ), expressed concern that the bill’s proposed changes to the Ryan White program would result in extreme funding cuts to their states.  However, Senator Michael Enzi (R-WY), chief sponsor of the Ryan White reauthorization legislation, was expected to call for a procedural vote on Friday, September 29^th to cut off debate on the bill and bring the measure to a vote. 

The Ryan White HIV/AIDS Treatment Modernization Act of 2006 would require that seventy-five percent of Title I, II and III CARE Act funds for cities, states and primary health care providers be spent on “core medical services.”  Under the legislation, core medical services are defined as including: substance abuse outpatient care, mental health services, home- and community-based health services, medical case management including treatment adherence services, AIDS Drug Assistance Program (ADAP) treatments, outpatient and ambulatory health services, and AIDS pharmaceutical assistance.  Residential substance abuse services were not covered in this list of core medical services. Early intervention services are included in the list of core medical services and may be provided in substance abuse and mental health treatment programs, detoxification centers, public health departments, emergency rooms, detention facilities, clinics regarding sexually transmitted diseases, homeless shelters, HIV/AIDS counseling and testing sites.

The remaining twenty-five percent of funds for Titles I, II and III could be spent on supportive services; among the supportive services listed in H.R. 6143 are outreach services, respite care, medical transportation, and referrals for health care and supportive services.  While the legislation includes a list of supportive services that can be covered, additional services not specified can also be eligible.  In addition, the legislation does contain a provision allowing grantees to obtain a waiver of this core medical services funding requirement from the Secretary of Health and Human Services if it can be shown that core medical services are available to all individuals with HIV/AIDS in their service area and that there is not a waiting list for ADAP services.  Title IV funding for programs serving women and children with HIV/AIDS would not be subject to the core medical services/support services funding distinction.

H.R. 6143 would also:

• Expand the definition of Title I metropolitan areas so that smaller cities could be eligible and change the Title II funding formula to states
• Authorize funds for the Minority AIDS Initiative which seeks to evaluate and address the disproportionate impact of HIV disease and disparities in access, treatment, care, and outcome on racial and ethnic minorities; funds would be authorized for the 2007 through 2010 fiscal years, with $131.5 million authorized for the 2007 fiscal year and $135.1 for the 2008 fiscal year
• Require the Secretary of Health and Human Services to develop and maintain a list of “core” ADAP antiretroviral medications developed by the Secretary of the Department of Health and Human Services that are to be the minimum required treatments
• Change the funding formulas so that people with HIV are counted in addition to people living with AIDS

Status and text of H.R. 6143 and S. 2823, the Senate version of the Ryan White HIV/AIDS Treatment Modernization Act of 2006, can be found at: http://thomas.loc.gov/. 

 Legislation Aimed at Helping Children Affected by Methamphetamine and Other Drugs Approved by Both the House and the Senate; President Expected to Sign the Bill Into Law

On September 20^th, the Senate approved S. 3525, the “Child and Family Services Improvement Act of 2006.”  The House approved identical legislation on September 26^th.    S. 3525 would reauthorize the Safe and Stable Families program within the Department of Health and Human Services, and would reserve additional funding aimed at increasing the well-being of, and improving the permanency outcomes for, children affected by methamphetamine or other drugs. 

S. 3525 would authorize a grant program through the Department of Health and Human Services’ (HHS) Safe and Stable Families program; funds could be used for family-based comprehensive long-term addiction treatment services, early intervention and preventative services, children and family counseling, mental health services, and parenting skills training.  Two or more of the following entities working together would be eligible to receive grant funds: state agencies responsible for administering the Substance Abuse Prevention and Treatment (SAPT) block grant program, child welfare service providers, community providers of health or mental health services, law enforcement agencies, courts, juvenile justice officials, schools, tribal child welfare agencies, and state child welfare agencies. 

In the application process, regional partnerships seeking grant funds would be required to include:

• Recent evidence that use of methamphetamine or other drugs has had a substantial impact on the number of out-of-home placements for children, or the number of children who are at risk of being placed in an out-of-home placement in the region;
• A list of goals and outcomes to be achieved during the funding period;
• A description of the strategies for collaborating with child welfare agencies and for consulting with the State agencies charged with administering the SAPT block grant. 

S. 3525 requires the Secretary of Health and Human Services to reserve a total of $145 million for fiscal years 2007 through 2011 for these grants.  In reviewing grant applicants, the Secretary would be required to take into consideration the extent to which the applicants:

• demonstrate that methamphetamine or other drug use by parents or caretakers has had a substantial impact on the number of out-of-home placements for children, or the number of children who are at risk of being placed in an out-of-home placement, in the partnership region,
• have limited resources for addressing the needs of children affected by such drug use and addiction,
• have a lack of capacity for, or access to, comprehensive family treatment services.

Priority would be given to applicants that propose to address methamphetamine use and addiction in the region, alone or in combination with other drug use and addiction, and show that methamphetamine use and addiction is adversely affecting child welfare in the partnership region.

Additional information about S. 3525 can be found at: http://thomas.loc.gov/. 

 Bill Introduced in House Would Establish a Criminal Drug Dealer Registry and Notification Program

Congressman Steve Pearce (R-NM) recently introduced H.R. 6155, the “Communities Leading Everyone Away From Narcotics through Online Warning Notification Act,” or the “CLEAN TOWN” Act in the House of Representatives.  In general, the bill would require the establishment of jurisdiction-wide criminal drug dealer registries and penalize jurisdictions that fail to comply by withholding a percentage of the federal crime control funds they receive through the Omnibus Crime Control and Safe Streets Act.  The bill provides limited authority to exempt certain convicted individuals from the registry, includes provisions that would limit the amount of information made available to the public, and provides for alternative compliance procedures where the law would violate the jurisdiction’s constitution.  The registries would contain a range of information about the individual who committed the offense, and the length of registration would depend on the number of drug-related convictions the individual has acquired.  In addition, H.R. 6155 would require the Attorney General to establish a national criminal drug dealer registry and notification program. 

Registry Requirements

Under H.R. 6155, the convicted individuals would have to register where they reside, where they are employed, and where they are a student; they would be required to register before they complete their sentence and would also be responsible for renewing their registration on a yearly basis.  An individual would be required to provide his/her social security number, home address, place of employment and school, as well as license plate number and vehicle description.   

The registries established by the bill would include a physical description of the individual; an explanation of the offense the person committed for which they are required to register; the criminal history of the person, including the date of all arrests and convictions and the status of their parole, probation, or supervised release; a current photograph; a set of fingerprints and palm prints; a photocopy of valid driver’s license or identification card, and any other information required by the Attorney General.  

An individual would be required to register if they fall under the definition of a criminal drug dealer, defined as an individual who is convicted of any criminal offense for manufacturing, distributing, dispensing, or possessing with the intent to manufacture, distribute, or dispense, a controlled substance as defined by the Federal Controlled Substances Act.

Optional and Mandatory Exemptions 

The bill would allow a jurisdiction to exempt individuals from the registration requirements for their first conviction in exchange for their substantial assistance in the investigation or prosecution of another person who has committed an offense.  Although the bill provides that jurisdictions should make the registry information available to the public through an internet website, they must exempt the individual’s social security number, arrests that did not lead to conviction, and any other information that the Attorney General wants to exempt.  Additional optional exemptions include information about other convictions not related to the offense for which registration is required, and the name of the individual’s employer and school. 

Duration of Registration Requirement

Individuals would be required to keep their registration information current for the full registration period beginning on the date of whichever of the following is most recent: the date of conviction, the date on which they are released from prison, or the date on which they are placed on parole, supervised release, or probation.  The length of time that a person would be required to be on the register would depend on the number of convictions.  An individual who has been convicted of a criminal drug dealing offense for the first time would be required to be registered for five years; a second conviction would result in a requirement of registration for ten years; and if a person is convicted more than twice for a criminal drug dealing offense they would have to be registered for the life.

The bill was referred to the House Judiciary Committee and has no co-sponsors.  To view the complete text of the bill, visit http://www.thomas.loc.gov/.