April 5, 2004

House Passes Transportation Reauthorization Bill

The House passed its transportation reauthorization bill on Friday, April 2, on a 357-65 vote. The six-year, $283.5 billion bill guarantees $217 billion for highway projects, $51 billion for public transportation projects, and $6 billion for safety programs. The House bill is less than the $318 billion passed by the Senate, but it also faces a veto-threat because of its cost and the Administration's opposition to the "re-opener" clause that will allow lawmakers to increase funding at a later date.

Initially, debate on the bill was held-up as members wrestled with how to disperse the transportation funds. Through amendments, efforts were made to make the funding "pie" larger by increasing how much of the total funding is available for dispersion by formula. As written, H.R. 3550, would disperse 84 percent of the total and reserve the remaining 16 percent for members' earmarked projects and projects with national or regional significance. In comparison, the Senate bill (S.1092) and current law allow for 93 percent. Amendments to increase the percentage failed as members were unwilling to count national or regional projects and earmarks towards their state's allocation.

Chairman Don Young won adoption of a Manager's Amendment that boosted the cost of the bill by $1 billion and made room for additional member-requested projects. The Manager's Amendment also modified the Revenue Aligned Budget Authority to help smooth-out funding estimates and make them more reliable.

Separately, the donor-donee state issue over minimum guarantees was discussed, however, House Majority Leader Tom DeLay has pledged to address the issue more fully during conference negotiations. A conference committee will meet after the spring recess to reconcile the House and Senate bills.

Medical Liability

Senate Majority Leader Bill Frist filed a cloture motion last week to end debate and proceed to the medical liability measure. The motion to end debate will come to a vote on Wednesday, April 7.

The bill would impose federal limits on damages in lawsuits against emergency room and trauma care professionals, as well as obstetricians and gynecologists.

The Bill would cap noneconomic damages for pain and suffering at $250,000, provide for unlimited economic recoveries and limit punitive damages. Senate Democrats spotted Republicans from initiating a floor debate in February on the earlier ob-gyn liability bill when an earlier cloture motion failed. Democrats say that the Republican bills are too narrowly focused on medical litigation, fail to address patient safety problems, and fail to impose additional requirements on medical malpractice insurance carriers.

Welfare Measure Stalls

By a vote of 51-47, the Senate failed to approve a cloture motion, (which requires 60 votes) that would have limited debate on the welfare reauthorization bill (H.R. 4) and blocked consideration of a Democratic amendment to raise the federal minimum wage. The Senate is not expected to resume debate on the measure, and it remains unclear when further consideration will occur. The most recent temporary funding extension for welfare programs expires on June 30, 2004.

Budget Resolution Consideration Postponed

House and Senate conferees said on Thursday, April 1, that they have been unable to reach a final agreement on the FY 2005 budget resolution, and further consideration will likely not occur until the week of April 19 when Congress returns from its spring recess. The "pay-as-you-go" provision, which requires offsets for new mandatory spending and tax cuts, continues to be negotiated. In addition, House leaders cited time constraints due to consideration of the highway bill and pension legislation.

News Conference Held in Opposition to AHP Legislation

On Friday, April 2, the National Governors Association in conjunction with the National Partnership for Women and Families, the American Diabetes Association, Families USA, the National Assurance of Insurance Commissioners, and the National Small Business Association, held a news conference to highlight continuing concerns with Association Health Plan or AHP legislation (S. 545). A representative from NGA discussed the Governors' longstanding, bipartisan opposition to AHPs and their continued concerns with legislation that would undermine consumer protection, state insurance laws, and states' small group market reforms. The news conference was held in response to a campaign by the National Federation of Independent Business in support of AHPs.

Secretary of Homeland Security Announces Appointment of Two New Members of The Homeland Security Advisory Council's State and Local Officials Senior Advisory Committee

On Tuesday, March 30, Secretary of Homeland Security, Tom Ridge announced the appointments of Alaska Governor Frank Murkowski and Nevada Attorney General Brian Sandoval to serve as members of the State and Local Officials Senior Advisory Committee (SLSAC) of the Homeland Security Advisory Council. The Secretary also appointed Fraternal Order of Police Grand Lodge President and current member of the Homeland Security Advisory Council Chuck Canterbury to serve as the Vice Chair of the Emergency Response Senior Advisory Committee.

Secretary Ridge established these two committees to provide the Homeland Security Advisory Council with advice on increasing America's security from experts representing state and local governments and first preventer and responder communities.

For more information and the full press release, please visit http://www.dhs.gov/dhspublic/display?content=3410

Funding Available to Enhance Addiction Treatment

The Substance Abuse and Mental Health Services Administration (SAMHSA) has announced several new grant opportunities to strengthen state and local substance abuse treatment systems:

Residential Treatment for Pregnant and Postpartum Women and Residential Treatment for Women and their Children: These grants may be used to expand the availability of comprehensive, high quality, residential substance abuse treatment services for low-income women ages 18 and over who are pregnant, postpartum or parenting, and their minor children, ages 17 and under, who have limited access to quality health services.

Comprehensive Drug/Alcohol and Mental Health Treatment Systems for Homeless: These grants may be used to expand and strengthen community-based treatment services for homeless individuals with substance abuse disorders , mental illness, or with co-occurring substance abuse disorders and mental illness.

Peer-to-Peer Recovery Support Services: These grants may be used to support peer recovery services to help prevent relapse and promote sustained recovery from alcohol and drug use disorders for people with a history of alcohol and/or drug problems who are in or seeking recovery, and family members and significant others who may be both the providers and recipients of recovery support services.

Youth Transition into the Workplace Grants: These funds may be used to document and evaluate innovative practices that provide substance abuse prevention and early intervention programs for younger employees ages 16 to 24.

Expand Substance Abuse Treatment Capacity in Targeted Area of Need: These grants may be used to expand and/or enhance the community's ability to provide comprehensive, integrated and community base response to a targeted, well documented substance abuse treatment capacity problem and/or improve the quality and intensity of services in a local area.

Approximately 6 awards will be made in each category. The maximum allowable award is $500,000 per year for up to 3 years. Applications for all five grants are available on SAMHSA's website at: www.samhsa.gov or by calling SAMHSA's clearinghouse at 1-800-729-6686.

HHS Awards Grants to States to Help Provide Care, Services and Prescription Drugs for People with HIV/AIDS

On Thursday, April 1, Secretary of Health and Human Services, Tommy Thompson, announced more than $1 billion in grants to states and territories to provide medical care, support services and prescription drugs for people living with HIV/AIDS. The FY 2004 awards include $285 million in basic awards based on the number of people living with AIDS in each state or territory and $728 million for the purchase of medications through state-run AIDS Drug Assistance Programs (ADAPs). In addition, the award includes $7 million under the Minority AIDS Initiative and $10 million for states with "emerging communities" (metropolitan areas with significant populations of people living with AIDS). An additional $21 million in grants for the Supplemental Drug Treatment Program will be awarded at a later time.

The grants are funded under Title II of the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act and are awarded to every state. Basic grants are awarded based on the estimated number of people living with AIDS in a state or territory . Since FY 1996, separate funds have been earmarked under Title II to help state ADAPs buy pharmaceuticals for people living with HIV/AIDS. Nevada will receive a total of $6,456,309 for FY 2004.

For more information, please visit the HHS website at www.hhs.gov

This Week in Congress

The House adjourned for spring recess on Friday, April 9 after passing the transportation reauthorization bill.

The Senate has an abbreviated schedule this week with no votes scheduled for today, tomorrow or Friday. On Wednesday, April 7, the Senate will vote on a motion to invoke cloture, filed last Friday by Senate Majority Bill Frist on the medical malpractice bill (S.2207), which would impose federal limits on damages in lawsuits against emergency room/trauma care professionals and obstetricians/gynecologists. In addition, the conference report on corporate pension legislation (H.R. 3018), which the House adopted last Friday, may be considered, by several Democrats have raised concerns with a provision that narrows relief for multi-employer plans. The Senate could also make another attempt to address the corporate tax bill (S.1637), which would repeal the U.S. export tax regime and replace it with a mixtures of tax relief for U.S. manufacturing and international reforms for U.S. multinationals. A cloture vote is expected to be filed today. The Senate will begin their recess on Friday, April 9.

Key Committee Meetings

Appropriations: The Senate Ag and Rural Development Subcommittee has scheduled a hearing for Wednesday, April 7 at 3:30 PM in 192 Dirksen Senate Office Building for funding of the Dept. of Agriculture.

The Senate Veteran's Affairs/Housing and Urban Development Subcommittee will hold a hearing on Thursday, April 8, at 10:00 AM in 192 Dirksen Senate Office Building to discuss funding for the Corporation for National and Community Service.

Medicare/Medicaid: The Senate Finance Committee will hold a hearing on Wednesday, April 7 at 10:00 AM in 215 Dirksen Senate Office Building to the Administration's "New Freedom Initiative" concerning Medicaid home-and community based care. The Senate Governmental Affairs Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia has scheduled a Thursday, April 8 hearing at 9:30 AM in 342 Dirksen Senate Office Building on implementation of the Medicare prescription drug program.

Prison Industries: The Senate Governmental Affairs Subcommittee on Financial Management, the Budget, and International Security has scheduled a Wednesday, April 7 hearing at 2:00 PM in 342 Dirksen Senate Office Building on legislation requiring competitive bidding in procurements from federal prison industries.

Transportation: The Senate Commerce, Science, and Transportation Committee has scheduled a markup of rail security legislation (S. 2273) and port security legislation (S. 2279) on Thursday, April 8, at 11:00 AM in 253 Russell Senate Office Building. The Senate Judiciary Committee has scheduled a Thursday, April 8, hearing at 2:30 PM in 226 Dirksen Senate Office Building on mass transit safety.