107th Congress Leaves Unfinished Business
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(December 18, 2002) — When the 107th Congress adjourned, it left
plenty of work for lawmakers to wrestle with next year. The shortened lame
duck session delayed important work on big issues such as welfare reauthorization
and government funding for mental health services. These will be added to an
already crowded congressional calendar that also includes reauthorization of
several programs important to people with mental illnesses.
During the last two years, Congress missed several opportunities to enact
key mental health legislation. Hoping to improve that record in the 108th Congress,
mental health advocates will continue to press for enactment of mental health
parity legislation, increases for community-based mental health services and
other important measures affecting mental health consumers.
Funding for Mental Health Services Unresolved
Congress delayed action until the new year on fiscal 2003 funding for the
Substance Abuse and Mental Health Services Administration’s (SAMHSA) mental
health programs. Before adjourning, lawmakers approved a continuing resolution
that will keep government programs operating at last fiscal year’s levels
until January 11, 2003.
The extension leaves unresolved the fate of a number of important programs,
including the mental health block grant and children’s mental health services.
Funding for consumer technical assistance programs was eliminated in the President’s
FY 2003 budget, but Congress’ failure to act on appropriations offered
the programs a reprieve until January. It is unclear what the newly Republican-controlled
Senate will do, but earlier this year an appropriations committee restored
funds to the consumer-run assistance centers.
The Senate committee also restored community-action grants that had been cut
under President Bush’s budget request. The committee provided a $10 million
increase above the President’s budget request for the post-traumatic stress
disorders program, $5 million for SAMHSA’s jail diversion program and
a $7 million increase for projects for assistance in transition from homelessness
(PATH).
In both the Administration’s budget request and that of the Senate appropriations
committee, the mental health block grant and children’s program — which
provides important public-sector funding for mental health services — were
funded at last year’s levels.
Appropriations will likely be among the first items lawmakers take up when
they reconvene January 7. The Congress, facing tight budget constraints for
fiscal year 2003, will be under pressure to quickly resolve FY 2003 spending
bills and funding for many social programs may be at risk.
The Interim Report of the President’s Commission on Mental Health, released
in late October, documents the growing crisis in public mental health systems.
Advocates must be prepared to speak out in support of funding increases to
address this crisis.
What You Can Do
Call your Senators and Representative and ask them to support adequate funding
for SAMHSA mental health programs, including full restoration of funding
to consumer-run assistance centers.
Gun Bill Stalls, May Resurface
A bill that had raised serious concerns about discrimination against people
with mental illnesses stalled during the final days of the 107th Congress.
Advocates fear that the overly broad definitions used in the law and its lack
of privacy protections could lead to violations of the rights of people with
mental disabilities.
The Our Lady of Peace Act (H.R. 4757, S. 2826), authored by Representative
Carolyn McCarthy (D-NY) and Senator Charles Schumer (D-NY) sought to tighten
the National Instant Criminal Background Check System (NICS) to prevent certain
individuals from purchasing a gun by requiring states to submit records to
the NICS of “prohibited persons.” Under federal law, individuals
who are deemed “mentally defective” are prohibited from purchasing
a gun. The new law would encourage states to create lists of these prohibited
individuals, which includes individuals who have needed involuntary mental
health treatment or who have difficulty managing their own affairs due to a
mental illness.
Mental health advocates fear that reinforcing the use of such broad, stigmatizing
definitions of “mentally defective” would erode the rights of people
with mental illnesses and promote the idea that violence and mental illness
are invariably linked—a notion disproved by studies showing that people
with mental illnesses are no more violent than others. Since there would be
no automatic purging of the NICS list after a set period of time, names could
remain on the list of “mentally defective” persons forever.
Advocates also worry that the bill’s lack of strong privacy protections
could encourage discrimination unrelated to gun ownership. If information on
use of mental health services in NICS were shared, people with mental illnesses
could face housing, credit or employment discrimination.
The House passed its version of the bill in mid-October and forwarded the
legislation to the Senate for quick consideration, but the Senate failed to
consider the bill before adjourning. The legislation may resurface next year.
If so, the Bazelon Center and a coalition of national mental health organizations
will continue to seek changes to the bill to better protect individuals with
mental illnesses.
What You Can Do
Call your Senators and Representative and ask them to reject the overly broad
definitions used to prohibit gun ownership in the Our Lady of Peace Act and
to strengthen privacy protections in the bill so that information is not
shared outside the NICS system.
Mental Health Parity Fight Continues
Mental health parity supporters were again disappointed when Congress failed
to enact The Mental Health Equitable Treatment Act before adjourning (S. 543,
H.R. 4066). The bill would have expanded the limited 1996 mental health parity
law to prohibit financial and treatment limits on mental health benefits. Despite
a pledge of support from President Bush to improve mental health parity, Congress
only managed to extend the existing law until December 31, 2003.
Senator Pete Domenici (R-NM) has vowed to continue the fight to improve parity
between mental health and medical/surgical care in the next Congress, announcing
that he plans to introduce The Paul Wellstone Memorial Mental Health Parity
Act early in 2003. The bill’s title honors the memory of the Minnesota
Senator who, until his death in October, was one of the Senate’s most
passionate supporters of mental health parity.
What You Can Do
Call your Senators and Representative and ask them to support quick action
on The Paul Wellstone Memorial Mental Health Parity Act.
Welfare Law Extended Without Rewrite
Lawmakers temporarily shelved plans to rewrite the 1996 law that overhauled
the country’s welfare system and authorized the Temporary Assistance to
Needy Families (TANF) program, instead extending the law until early next year.
TANF’s importance to people with disabilities was highlighted in a recent
report by the General Accounting Office (GAO) that also underscored the challenges
faced by many recipients. The GAO report found that:
- TANF families with disabilities (physical or mental) were half as likely
to leave the rolls as recipients without disabilities.
- TANF families caring for children with disabilities were less than half
as likely to leave the TANF rolls as recipients not caring for children with
disabilities.
- TANF families with disabilities who left the rolls were one third as likely
as people without disabilities to be employed and more likely to receive
federal supports. Forty percent reported receiving SSI.
- TANF families with disabilities who left the rolls were also more likely
to receive non-cash support in the form of food stamps and Medicaid than
those without disabilities.
Earlier this year, the House passed legislation mirroring a Bush Administration
proposal to increase work requirements and decrease state flexibility in providing
the services and supports, such as substance abuse and mental health services,
needed for TANF recipients to transition into work and self-sufficiency.
In August, the Senate Finance Committee approved a bill that would have been
significantly less problematic for TANF recipients with disabilities. Senator
Kent Conrad (D-ND) offered an amendment that would have allowed states to exempt
families who are caring for a child or adult family member with a disability
from work requirements.
Lawmakers may opt to extend the 1996 law again before considering changes
to the TANF program. With the midterm elections delivering a Congress that
is more agreeable to the Administration’s positions, mental health advocates
must continue to stress to lawmakers the importance of support services to
the program’s recipients with disabilities.
What You Can Do
Call your Senators and Representative and ask them to support responsible
welfare reform that acknowledges the special challenges faced by people with
mental illnesses, promotes access to needed services and supports in the community
and protects state flexibility on work requirements.
No Action on Family Opportunity Act
Once again, Congress failed to enact the Family Opportunity Act (S. 321, H.R.
600) this year. The bipartisan proposal would provide access to necessary health
and mental health care for children with severe disabilities through an extension
of the Medicaid program.
Earlier this year, the Senate Finance Committee approved a modified version
of the bill for the first time in three years, but resistence to Medicaid expansion
by key House leaders proved an insurmountable barrier. The bill may get a lift
in the next Congress because sponsor Senator Charles Grassley (R-IA) returns
to the chairmanship of the Senate Finance Committee when Congress reconvenes.
What You Can Do
Call your Senators and Representative and ask them to support the Family Opportunity
Act and work to expand access to child mental health services.
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