[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
     MENTAL HEALTH AND SUBSTANCE ABUSE PROGRAMS REAUTHORIZATION ACT

  Mr. BREAUX. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 698, S. 2352, a bill to 
reauthorize certain programs relating to the Substance Abuse and Mental 
Health Services Administration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 2352) to amend the Public Health Service Act to 
     reauthorize certain programs relating to the Substance Abuse 
     and Mental Health Services Administration, and for other 
     purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 2652

  Mr. BREAUX. Mr. President, I send a substitute amendment to the desk 
on behalf of Senators Kennedy and Kassebaum.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Louisiana [Mr. Breaux], for Mr. Kennedy 
     for himself and Mrs. Kassebaum proposes an amendment numbered 
     2652:

  The amendment is as follows:

       Strike out all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. FAILURE TO COMPLY WITH MAINTENANCE OF EFFORT 
                   PROVISIONS.

       (1) Mental Health.--Section 1915(b)(3)(A) of the Public 
     Health Service Act (42 U.S.C. 300x-4(b)(3)(A)) is amended--
       (1) by striking ``material''; and
       (2) by inserting before the period at the end thereof the 
     following: ``, except that the Secretary may defer the 
     reduction for a reasonable period of time, but in no event to 
     exceed 1 year, to afford the State an opportunity to correct 
     or mitigate the violation of the agreement that the State 
     made for the preceding year under paragraph (1), and the 
     Secretary shall recalculate the reduction accordingly''.
       (b) Substance Abuse.--Section 1930(c)(1) of the Public 
     Health Service Act (42 U.S.C. 300x-30(c)(1)) is amended--
       (1) by striking ``material''; and
       (2) by inserting before the period at the end thereof the 
     following: ``, except that the Secretary may defer the 
     reduction for a reasonable period of time, but in no event to 
     exceed 1 year, to afford the State an opportunity to correct 
     or mitigate the violation of the agreement that the State 
     made for the preceding year under subsection (a), and the 
     Secretary shall recalculate the reduction accordingly''.

     SEC. 2. BLOCK GRANTS TO STATES REGARDING MENTAL HEALTH AND 
                   SUBSTANCE ABUSE.

       Section 205(b) of the ADAMHA Reorganization Act (42 U.S.C. 
     300x(b) note) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2), the following new 
     paragraph:
       ``(3) Fiscal year 1995.--With respect to an allotment for 
     fiscal year 1995 under section 1911 or 1921, the Secretary 
     shall, upon the request of the chief executive officer of a 
     State, make a transfer as described under paragraph (1) or 
     (2) in the case of any State for which such an allotment for 
     fiscal year 1995 is--
       ``(A) in the case of an allotment under section 1911, at 
     least 20 percent less than the amount of the allotment for 
     such State under such section for fiscal year 1994; or
       ``(B) in the case of an allotment under section 1921, at 
     least 20 percent less than the amount of the allotment for 
     such State under such section for fiscal year 1994.''.

  Mr. KENNEDY. Mr. President, I am pleased to join the ranking member 
of the Labor Committee, Senator Kassebaum, in proposing a substitute 
amendment to S. 2352. As introduced, S. 2352 was a simple 1-year 
reauthorization of certain mental health and substance abuse programs 
in the Department of Health and Human Services. The bill was reported 
favorably by the Labor Committee in August, but there is not unanimous 
consent to pass this bill in the Senate.
  There is agreement, however, to address two short-term problems in 
the administration of the mental health substance abuse block grant 
programs, and this substitute amendment will accomplish that goal.
  First, several States are in violation of a provision in current law 
requiring them to maintain their own substance abuse and mental health 
expenditures as a condition of receiving Federal funding. Some of these 
States may have remedied this violation after being notified of it, but 
current law does not permit subsequent remedial spending to be 
considered in assessing compliance with the maintenance of effort 
requirement. Section 1 of the substitute amendment would clarify this 
requirement and permit the Secretary to consider remedial spending in 
assessing compliance.
  Second, current law does not permit states to transfer money between 
their substance abuse and mental health allotments in fiscal year 1995, 
and authority they were granted until this fiscal year. The expiration 
of the transfer authority is causing hardship to States, such as 
Vermont, which lose money in fiscal year 1995 under the operation of 
the current formula. Section 2 of the substitute amendment will extend 
the transfer for one more fiscal year for especially hard-hit States.
  I expect the Labor Committee to take up a comprehensive, multi-year 
reauthorization of these mental health and substance abuse programs 
next year. In the meantime, I urge my colleagues to support this 
interim measure.


                           amendment no. 2653

 (Purpose: to increase the required rate of cases, of AIDS in a State 
    for purposes of the funding agreement concerning prevention and 
                           treatment grants)

  Mr. SIMPSON. Mr. President, I send an amendment to the desk on behalf 
of Senate Hatch.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Wyoming [Mr. Simpson], for Mr. Hatch, 
     proposes an amendment numbered 2653 to amendment No. 2652:

  The amendment is as follows:

       At the end of the amendment add the following new sections:

     SEC. 3. PREVENTION AND TREATMENT GRANTS.

       Section 1924(b)(2) of the Public Health Service Act (42 
     U.S.C. 300x-24(b)(2)) is amended by striking ``10 or more'' 
     and inserting ``15 or more''.

     SEC. 4. EFFECTIVE DATE.

       This Act shall take effect as if enacted on September 
     30,1994.

  Mr. HATCH. Mr. President, by way of background. Under current law, 
States which have an annual incidence of AIDS cases exceeding 10 cases 
per 100,000, must integrate HIV early intervention services into their 
substance abuse programs which can be funded by their Substance Abuse 
and Mental Health Services block grant funds.
  Earlier this year, CDC broadened the case definition of AIDS, thereby 
causing several States which otherwise would not have had to meet the 
above requirement. States are concerned that the ``trigger'' of this 
requirement and the expenditure of funds for the early intervention 
services would lessen the amount of funds they would have otherwise had 
available under the Block Grant.
  Amendment: The amendment would raise the ``trigger point'' from 10 
cases per 100,000 to 15 cases per 100,000. The intent is that States 
which previously did not have to comply with the early intervention 
provision would not have to do so this year simply because CDC had 
changed the case definition.
  Based on 1993 data, the States this would affect are as follows:
Alaska.............................................................11.7
Kansas.............................................................14.1
Maine..............................................................12.0
Minnesota..........................................................14.5
Nebraska...........................................................11.1
New Hampshire......................................................11.0
Ohio...............................................................14.3
Utah...............................................................14.2
Vermont............................................................12.9
Wisconsin..........................................................14.5

  The PRESIDING OFFICER. Without objection, the amendments are agreed 
to.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading, was read 
the third time, and passed.
  (The text of the bill will be printed in a future edition of the 
Record.)
  Mr. BREAUX. Mr. President, I move to reconsider the vote.
  Mr. SIMPSON. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BREAUX. Mr. President, I think at this time I can safely say 
there is no more business at this point as if in morning business.
  I yield the floor.
  Mr. SIMPSON. To Senator Grassley.
  The PRESIDING OFFICER (Mr. Daschle). The Senator from Iowa is 
recognized.

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