September 29, 2006
LATE NIGHT WITH RYAN WHITE
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A solid majority pushed Ryan White reauthorization in the House, trumping opposition to components of the bill that drain funds away from urban centers. We're close to the finish line. Senators are volleying procedural maneauvers, but we're likely to see a vote in the next few days.
RYAN WHITE (OR THE 'WINNERS AND LOSERS BILL') HIT THE FLOOR OF THE HOUSE
On Thursday, Congress took up the beleaguered and embattled Ryan White HIV/AIDS Treatment Modernization Act of 2006 (HR6143). In a fierce back-and-forth across the aisle early in the day, some Representatives argued to spring RW from a procedural cage that disallowed new amendments. Their efforts failed. Later that night, reauthorization passed on a motion to suspend the rules and passed as previously amended: 325 in favor (205-R; 119-D), 98 against (21-R; 77-D), and 10 not voting (4-R; 5-D).
"This bill should be called the 'winners and losers' bill not the Ryan White bill," said Representative Ed Towns (D-NY) in earlier debate, when he called on his colleagues to oppose the bill in its current form. Changing the bill was not an option, because House leadership put the bill on the suspension calendar, restricting debate and prohibiting amendments. "We need to amend this bill," he said.
Towns had powerful allies in his call for amendment. Reps. Henry Waxman (D-CA), member of the Committee on Energy and Commerce, and Maxine Waters (D-CA), member of the Congressional Black Caucus, also called for their colleagues to oppose the bill. Waters stated clearly, "I was going to support it, and now I won't." Acknowledging and mourning the geographic split the bill has created, she declared, "I want to do right by my Southern colleagues and my NY colleagues."
The entire NY delegation - with the single exception of Rep. Sherwood Boehlert (R-NY)- opposed the bill. Rep. Eliot Engel (D-NY), speaking for the group, cited the $78 million loss for the state of NY in the first year. NY city stands to lose $17 million. Rep. Sue Kelly (R-NY) said Dutchess Country in her district would lose all Title I money by the 4th year.
Engel compared this "shameful and disgraceful" version of Ryan White to "homeland security" efforts, where NY and DC are the most likely targets yet get shorted on funding. He reminded his colleagues that AIDS has not merely "shifted" to the South but has expanded to include the South while continuing to ravage our poor communities in major cities.
Rep. Bill Pascrell (D-NJ) agreed, "The epidemic has not shifted but expanded...If the Ryan White resources are to follow the epidemic they must continue to flow to all jurisdictions and be increased."
Pascrell's home state, New Jersey, stands to loose $13 million if the bill passes as is. With Representatives from NY and CA, the NJ Reps opposed the bill albeit with regret and anger. Rep. Frank Pallone (D-NJ) explained, "The problem is there isn't enough money to go around. It just isn't right. We're spending money in Iraq. We're spending money on tax cuts."
Rep. Hilda Solis (D-CA), Chair of the HEALTH Committee of the Congressional Hispanic Caucus, also called on Congress to "expand the pie." She talked about how we've failed to understand cultural dichotomies that keep Latina women living in this country disproportionately vulnerabl.
Representative Joe Barton (R-TX), Chairman of the Energy and Commerce Committee, said, "This is a classic formula fight based on reallocation of funds."
Representatives delivered support for moving full-speed ahead with equal conviction. Most gave statistics from their districts, like Rep. Ros-Lehtinen (R-FL) who talked about the woeful AIDS rates in Miami Dade, Florida.
Other Representatives pushing for immediate passage trotted out doomsday scenarios for October 1st, when Ryan White technically expires. Their predictions of a catastrophic absence of funding, however, simply will not come to pass. Even if Ryan White reauthorization is passed immediately, its provisions would not go into affect until the President signs the Labor HHS bill, which would be unlikely before November or December.
Pallone asked for "yeas and nays," a recorded vote that places members' positions on record, and shortly after 10 pm, 325 Representatives passed the bill. With this substantial majority, Ryan White hangs on the vote in the Senate, where it may be gaining momentum.
AND...LATER THAT NIGHT, ACROSS THE HILL IN THE SENATE
On Thursday evening, Senator Mike Enzi (R-WY), Chairman of the Committee on Health, Education, Labor, and Pensions, asked for unanimous consent that the Ryan White HIV/AIDS Treatment Modernization Act (S2823) be passed. Senator Mark Dayton (D-MN) objected on behalf of the Senators who have put a hold on the bill (even though Senator Dayton indicated he was for the bill).
The few Senators present took advantage of a near-empty chamber to rail against Senators who've put a hold on the bill. Those defending the bill said blocking it is immoral, indefensible, unjust, unfair, and wrong.
Senators arguing for the bill to go through focused on the rising rates of infection among their constituents, people - especially poor, black women - in Southern states and rural areas. Senator Jeff Sessions (R-AL) said, "I am in a state who annually has individuals on the ADAP waiting list." He continued, "I believe a fair proposal is on the floor, and I believe if we have any pretense of passing legislation that deals with AIDS we need to pass this legislation."
Session's colleagues agreed formulas that shift scare funds from urban centers to more rural areas are fair. Senator David Vitter (R-VA) said, "This formula is run on numbers. It is very simple, and the Chairman stated it clearly that for every patient you have you get money to provide the services and pharmaceuticals needed. If you don’t have the people then you should not get the money."
Senator Tom Coburn (R-OK) implied that the funding shortage leading to this impasse could be resolved by abandoning state-specific earmarks in the Labor HHS bill and no longer funding government representatives to attend AIDS conferences. His example? The International AIDS Conference held this past August in Toronto, described in the NY Times as "a star-studded rock concert."
As the closing move, Senator Enzi (R-WY) indicated he intends to ask the Majority Leader to file for cloture, the formal procedure used to end a filibuster or, as in this case, a hold. The move requires 60 votes to close debate on the bill. Then 30 additional hours of debate are allowed prior to voting, but they are rarely used. If cloture fails, debate continues without limits, but the bill is usually set aside. Senate Majority Leader Bill Frist (R-TN) is now likely to file for cloture, bringing Ryan White for a vote in the next 2 or 3 days.
The end of reauthorization is in sight! We'll keep you posted as Housing Works and advocates from around the country work with policy makers to get it right...watch your in-box for special editions coming soon!