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Mental health
legislation is pending
(November
2004 Issue)
By Elizabeth Millard
Two pieces of mental health-related legislation introduced last
year have made progress in getting though committee and toward a
Congressional vote, but with a tight post-election schedule, the
future of each is uncertain.
The first is an authorization of the Individuals with Disabilities
Education Act of 1975 (IDEA), while the second is a new initiative,
the National Resilience Development Act (NRDA).
Of the two, the IDEA reauthorization appears to have received the
most traction. Following four months of Senate wrangling, there
was agreement in September to enter into conference negotiations
with the House of Representatives. The legislation was originally
put together by Senators Edward M. Kennedy (D-Mass.) and Judd Gregg
(R-N.H.), and is designed to lessen paperwork burdens for special
education teachers and improve conflict resolution. It also aims
to improve disciplinary action, an issue that has sparked some tussles
over wording in the legislation.
Gayle Osterberg, spokesperson for Gregg's office, says that the
holdup in the Senate was caused by concerns about who would be crafting
the final bill. Senate Democrats had refused to agree to a unanimous
consent request for a conference with House members until they were
given assurances that they would have a meaningful role in the ultimate
bill.
Once those assurances were given, the legislation moved toward
the House.
Unfortunately, Osterberg says, the house hasn't yet appointed conference
members, which leaves Senate and House staff members doing paperwork
to hammer out incongruities in the Senate bill versus the House
bill versions. If the House returns from its election break and
doesn't move on voting before the lame-duck session is complete,
Kennedy and Gregg will have to start all over again with a new Congress.
Gregg's office is confident that such a disheartening event won't
occur, however. "This has really been negotiated in a bipartisan
way," says Osterberg. "Both Kennedy and Gregg spent months talking
to different experts, teachers and parents to get their input. There
are many people working on getting this through and done before
the 108th Congress ends."
The NRDA may not be as fortunate. Introduced by Congressman Patrick
J. Kennedy (D-R.I.), the Act would provide funding for services
such as crisis counseling, outreach and screening programs and would
authorize the Center for Mental Health Services to provide grants
to states to develop disaster plans.
The Act was crafted in response to the Sept. 11 terrorist attacks.
Kennedy noted that although the country might be prepared to care
for citizens' physical well being should another attack occur, mental
health had not been addressed. The Act's primary goals are to increase
psychological resilience in the wake of a terrorist attack, and
give funding for research into the psychological consequences of
terrorist threats.
Soon after it was introduced, the legislation was referred to
the House Judiciary Subcommittee on Crime, Terrorism and Homeland
Security. But no further action has occurred on the legislation
since then, which was at the end of June 2003.
Because a new session of Congress will clear away all unfinished
business, it is doubtful that the Act will become law, or even that
it will be able to move from the committee to a vote before January.
"Legislatively, nothing is going on," says Michael Zamore, spokesperson
for Kennedy's office. But that doesn't mean Kennedy isn't committed
to bringing the Act's mission into life through other methods. Zamore
says that a hearing in September about Homeland security included
Kennedy, who discussed how the mental health issues needed to be
addressed.
Also, Kennedy has had several meetings with Tommy Thompson, secretary
of Health and Human Services, to emphasize the importance of mental
health preparedness during terrorist attacks. "Kennedy has created
a task force to look at issues around agencies and programs, to
see what can be done," says Zamore. "So, although nothing will happen
with the legislation itself, the substance of the bill is being
implemented."
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