Congressional Affairs

(Prepared April 16, 2003)

FY 2003 Appropriations

On February 13, 2003, both the House and Senate approved a $397.4 billion FY 2003 omnibus spending bill. On February 20, 2003, the President signed into law H.J.Res.2, the Consolidated Appropriations Resolution, 2003, as P.L. 108-7. This legislation provides funding for FY 2003 for the 11 appropriations bills that had not been completed in the 107th Congress. The bill provides $27.2 billion for NIH, a $3.8 billion increase over FY 2002, and completes the doubling of the NIH budget over 5 years.

The NIH funding also includes a $100 million transfer by NIAID to the International Global Fund to Fight AIDS, Tuberculosis and Malaria.

The Conference Report [Conf. Rpt. 108-10 to accompany HJ Res 2] includes the following language of special interest to NIDA:

NIH/NIDA: "The conference agreement includes $968,013,000 for NIDA as proposed by the Senate instead of $912,489,000 as proposed by H.R. 246.

The conferees commend NIDA for its partnership with the ONDCP, particularly the ongoing support NIDA provides to the sites established by the Counterdrug Technology Assessment Center (CTAC). The conferees encourage the continuation and expansion of NIDA funding for these research centers where CTAC has likewise committed resources."

OFFICE OF NATIONAL DRUG CONTROL POLICY:
"Special Forfeiture Fund (Including Transfer of Funds)
The conferees agree to provide $223,200,000 ÉÉ This includes $150,000,000 for the National Youth Anti-Drug Media Campaign, $60,000,000 for the Drug-Free Communities Support Program, $3,000,000 for the Counterdrug Intelligence Executive Secretariat, $2,000,000 for the Performance Measures Development, $6,400,000 for the US Anti-Doping Agency, $1,000,000 for the National Drug Court Institute, and $800,000 for dues to the World Anti-Doping Agency. The conferees provide that $2,000,000 of Drug Free Communities Funds shall be used to make a grant directly to the Community Anti-Drug Coalitions of America to establish and maintain the National Community Anti-Drug Coalition Institute as proposed by the Senate, instead of no provision as proposed by the House."

"National Youth Anti-Drug Media Campaign"
The conferees are deeply disturbed by the lack of evidence that the National Youth Anti-Drug Media Campaign has had any appreciable impact on youth drug use. With the funds provided for FY 2003, expenditures on the Media Campaign will be over $1,000,000,000 since the program's inception in FY 1998. While the evaluation conducted under the auspices of the NIDA has shown that the Media Campaign has had a slight sporadic impact on the attitudes of parents, it has had no significant impact on youth behavior. While the conferees are aware of surveys, such as MTF, that show recent declines in youth drug use, the NIDA study was undertaken to measure the specific impact of the Media Campaign, not simply to gauge general trends. The conferees have not included a provision requiring ONDCP to spend a certain amount on media buys for the Media Campaign as proposed by the House. The conferees expect ONDCP to allocate not less than the amount provided in FY 2002 to support the non-advertising public communications activities of the Media Campaign.

The Director has inaugurated certain changes in the direction of the Media Campaign, such as producing new ads demonstrating the link between drug use and terrorism and other criminal activity, as well as an intensive anti-marijuana campaign launched in the fall of 2002 and a shift in the youth age group focus of the campaign. The conferees are hopeful that these and other changes will result in the achievement of the campaign's goal of reducing youth drug use. The conferees intend to rely on the scientifically rigorous NIDA study to gauge the ultimate impact of the campaign. If the campaign continues to fail to demonstrate effectiveness, then the Committees will be compelled to reevaluate the use of taxpayer money to support the Media Campaign."

U.S. Anti-Doping Agency
"The conferees include $6,400,000 for the U.S. Anti-Doping Agency (USADA). Within this amount, the conferees include $500,000 for the development of a school-based program for educating young athletes on the risks associated with dietary supplements. Not only are certain supplements banned from use by USADA, many supplements contain steroid precursors (which the body metabolizes into testosterone), such as androstenedione, androstendiol, and DHES. Studies have shown that these steroid precursors are being used by young athletes as performance-enhancing drugs at an alarming rate, even as early as the grade school level. The conferees believe that an education program is therefore necessary to make your young athletes aware of the risks associated with certain dietary supplements."

FY 2004 APPROPRIATIONS

The President released his FY 2004 budget request on February 3, 2003. The program level for the NIH is $27.893 billion, an increase of $549 million over the FY 2003 Amended President's Budget. For NIDA, the FY 2004 figure is $996 million. When adjusted for one-time facilities costs in FY 2003, the total available for NIH non-biodefense research programs increases by 4.3 percent. The NIH President's Budget request to the Labor/Health and Human Services/Education Appropriations Subcommittee is $27.664 billion.

BILLS OF INTEREST - 108TH CONGRESS

[For the full text and additional information about any bill, go to the Library of Congress website at http://thomas.loc.gov]

S. 8 - "The Educational Excellence for All Learners Act of 2003" would fully fund education reform, as called for in the "No Child Left Behind Act," and would increase authorized funding for the Safe and Drug Free Schools and Communities Program by $50 million to $700 million in FY 2004. Committees: Senate Health, Education, Labor and Pensions.

S. 22 - The Senate Democratic Caucus, led by Senate Minority Leader Daschle (D-SD), introduced legislation, "The Justice Enhancement and Domestic Security Act of 2003," that would authorize additional resources for drug and alcohol education, prevention and treatment programs. Committees: Senate Judiciary.

H.R. 207 - On January 7, 2003, Reps. Sweeney (R-NY) and Osborne (R-NE) introduced the bill "To amend the Controlled Substances Act with respect to the placing of certain substances on the schedules of controlled substances, and for other purposes." The bill would allow certain steroid precursors to be placed in a schedule as controlled substances. It would also authorize the Director of ONDCP to "undertake education programs at the grade and high school levels to highlight harmful effects of steroids and steroid precursor use by youths." There is authorized to be appropriated for such programs $10,000,000 for fiscal year 2004, $15,000,000 for fiscal year 2005, and $17,500,000 for fiscal year 2006. Committees: House Education and the Workforce, House Energy and Commerce, House Judiciary.

HR 811 - "Student Medical Access Raising Test Scores Health Act" or "SMARTS Health Act" was introduced February 13, 2003 by Rep. E.B. Johnson, (D-TX). The bill would authorize the Secretary of HHS to make demonstration grants to promote the well being and educational achievement of children through school-based health programs. The Secretary would coordinate the program with various Social Security and Medicaid programs, with programs of SAMHSA, HRSA, CDC, AHRQ, NIH, and the National Center on Minority Health and Health Disparities. Committees: House Education and the Workforce, House Energy and Commerce.

HR 844 - "National Center for Social Work Research Act" introduced February 13, 2003, by Rep. Rodriguez (D-TX). The bill would amend the PHSA to provide for establishment of a National Center for Social Work Research. A companion measure (S73) was introduced in the Senate January 7, 2003, by Senator Inouye, D-HI. Committees: House Energy and Commerce.

HR 1599 - A bill to amend the Office of National Drug Control Policy Reauthorization Act of 1998 to ensure that adequate funding is provided for certain high intensity drug trafficking areas, was introduced April 3, 2003, by Rep. Cummings (D-MD). Committees: House Energy and Commerce, House Government Reform.

HR 1717 - A bill to amend the Controlled Substances Act to provide an affirmative defense for the medical use of marijuana in accordance with the laws of the various states was introduced April 10, 2003, by Rep. Farr (D-CA). Committees: House Energy and Commerce, House Judiciary.

On March 25, 2003, Dr. Henry (Skip) Francis, Director, Division of AIDS and Other Medical Consequences of Drug Abuse, NIDA, participated in a Congressional Briefing sponsored by Members of the Congressional Black Caucus [Rep. Donna Christian-Christensen (D-V.I.) and Rep. Edolphus Towns (D-NY)] and the National AIDS Treatment Advocacy Project. Advocates, community leaders, congressional representatives and their staff, attended the briefing designed to raise awareness about HCV and HIV/HCV co-infection. Dr. Francis addressed the relationship between drug abuse and HCV.