AFSME Monthly Reports Archives

CSEA Albany County Local 801

2007 AFSME Monthly Reports:

April 27,2007	Sept 7, 2007
May 4,2007	Sept 14, 2007
May 11, 2007	Sept 21, 2007
May 18, 2007	Oct 29, 2007
June 22,2007	Nov.9, 2007
June 29, 2007	Jan 18, 2007
July 13,2007
July 20, 2007
July 27, 2007
August 3,2007

AFSCME LEGISLATIVE REPORT
October 26, 2007

In this issue:

Senate Passes Labor-HHS-Education Spending Bill
House Votes on New Bipartisan Children's Health Bill Compromise
AFSCME Scores Another Anti-Privatization Victory as House Panel Approves Expansion of Trade Adjustment Assistance and Unemployment Insurance Programs
AFSCME Home Health Care Worker Testifies in Support of Overtime Pay
AFSCME Member Testifies Before Congress on Deficient Bridges
Senate Blocks Immigrant Education Bill
Senate Approves Controversial Judge
Senate Extends Moratorium on Internet Access Taxes

Senate Passes Labor-HHS-Education Spending Bill
Despite President Bush's threatened veto, the Senate, with strong bipartisan support, approved the FY 2008 Labor-Health and Human Services-Education (Labor-HHS) spending bill (H.R. 3043) by a vote of 75-19. Twenty-seven Republicans joined all Democrats in support. The margin of victory would have been even greater had five absent Democrats been there to vote. Two-thirds of those present and voting are needed to override a Presidential veto. The legislation includes a five percent increase in spending over FY 2007, $9.6 billion more than the President's budget request but $1.9 billion less than the House-passed version, approved in July. House and Senate leaders hope to send a conference agreement compromise bill to President Bush in early November. If it is vetoed as expected, the House will again vote first to override the veto, followed by the Senate.

As part of our overall effort to generate support for the Labor-HHS-Education bill, AFSCME child care advocates e-mailed over 1,000 letters and generated over 500 phone calls urging Congress to support the $75 million increase in the Child Care and Development Block Grant (CCDBG) in the House bill. These letters and phone calls were key to getting 69 Representatives to sign a letter led by Rep. Rosa DeLauro (D-CT) urging conferees to maintain the $75 million increase in the final bill.
(Ed Jayne- ejayne@afscme.org and Becky Levin- blevin@afscme.org)

House Votes on New Bipartisan Children's Health Bill Compromise
As the President issued a new veto threat, the House held a vote on a new bipartisan compromise of the bill (H.R. 3963) to renew the State Children's Health Insurance Program (SCHIP). The bill was approved by a vote of 265 to 142. Forty-three Republicans voted in favor and only one Democrat voted in opposition. However, more than two dozen House members were absent for the vote. Many of those absent were in California due to the fire emergency. The Senate is expected to take up the bill late next week. After the expected veto by the President, the House will then attempt to override.

A few significant changes and policy clarifications were made to the original bill. Importantly, the new compromise maintains the commitment to cover 10 million children and to provide the $35 billion more in resources needed to do that over the next five years.
(Barbara Coufal- bcoufal@afscme.org)

AFSCME Scores Another Anti-Privatization Victory as House Panel Approves Expansion of Trade Adjustment Assistance and Unemployment Insurance Programs
A House committee approved landmark legislation expanding the federal program providing retraining assistance to workers dislocated as a result of the nation's trade policies and modernizing the unemployment insurance program. The bill's cumulative effect is to significantly bolster the state delivery systems for the Trade Adjustment Assistance (TAA) and Unemployment Insurance (UI) programs while also expanding access to both programs. Three Republicans supported the final bill.

The TAA section of the Trade and Globalization Assistance Act of 2007 (TGAA) expands eligibility for TAA benefits and training to service sector workers, including public sector workers, and increases training funds from $220 million to $440 million, with additional increases in future years. The legislation also provides increased resources for state agencies to conduct eligibility determinations and provide employment services, including $12.5 million for each state to maintain a stable staff to conduct important outreach activities. It further makes clear that eligibility decisions and employment services, which are provided with new funds available under the bill, must be conducted by state employees.
Republicans offered two amendments aimed at public sector workers. The first, to remove the public staffing requirement, failed on a roll call vote with all Committee Democrats and Rep. Phil English (R-PA) voting against it. The second amendment, removing public sector workers from eligibility for the TAA program, was defeated on a voice vote.

The UI reforms in the legislation also are extremely significant. The bill provides financial incentives to states to modify their programs to make it easier for low-wage, part-time, and women workers to receive UI benefits. It provides annual distributions for five years of an additional $100 million each year to the states to strengthen their UI and employment services delivery systems which have been weakened by decades of stagnant funding and cuts.

Labor Department Secretary Elaine Chao laid out the Administration's opposition in a letter detailing numerous objections to various provisions in the bill.
(Nanine Meiklejohn- nmeiklejohn@afscme.org)

AFSCME Home Health Care Worker Testifies in Support of Overtime Pay
On Thursday, AFSCME District Council 1707, Local 389 member Manuela Butler testified before the House Workforce Protections Subcommittee in support of the Fair Home Health Care Worker Act (H.R. 3582). The legislation would require that home care workers, who provide the physically and emotionally demanding and often life-sustaining care for the elderly and disabled in their homes, be paid the minimum wage and receive extra pay when they work overtime. Bulter works 42 hours a week but does not receive overtime pay because of a narrow exemption in the Fair Labor Standards Act for individuals who provide "companionship services to individuals who (because of age or infirmity) are unable to care for themselves." Butler testified that providing home health care workers with premium pay for overtime hours is a matter of fairness and valuing work which enables individuals with disabilities to remain independent and in their homes. AFSCME is pressing for the enactment of H.R. 3582 and its Senate companion bill (S. 2061).
(Linda Bennett- lbennett@afscme.org)

AFSCME Member Testifies Before Congress on Deficient Bridges
On Tuesday, AFSCME Council 5 member Bart Andersen, a bridge inspector for the Minnesota Department of Transportation (MnDot), testified before the House Committee on Transportation and Infrastructure's Subcommittee on Highways and Transit. Andersen worked on the I-35W bridge that collapsed in Minneapolis on August 1st. He told the Subcommittee that lack of resources and the reduction of MnDot employees have made it impossible to maintain the State's transportation infrastructure. He revealed that Minnesota currently has only 77 bridge inspectors who are expected to inspect all 14,000 bridges in the State, while at the same time performing routine maintenance and a host of other responsibilities.

Transportation and Infrastructure Committee Chairman James Oberstar (D-MN) praised Andersen for his courage in coming before the Congress and sharing his experiences as a bridge inspector. Andersen's testimony will be extremely valuable as Chairman Oberstar writes legislation aimed at fixing the thousands of deficient bridges in the country. His testimony will also assist our union as we advocate for increasing the number of state DOT employees nationwide.
(Cynthia Bradley- cbradley@afscme.org)

Senate Blocks Immigrant Education Bill
Efforts to vote on the DREAM Act (S. 774) failed on Wednesday when the Senate fell eight votes short of the required 60 to close debate on the bill. The DREAM Act (Development, Relief, and Education for Alien Minors Act) could help as many as 65,000 undocumented children a year gain a path to legal status if they attend college or join the military for at least two years. The Act provides a common sense solution and is limited to children who were brought to the United States prior to the age of 16, have lived in the U.S. for at least five years, and are under 30 years old.
(Andrea Zuniga DiBitetto- adibitetto@afscme.org)

Senate Approves Controversial Judge
On October 24, the Senate approved the nomination of Judge Leslie Southwick to the 5th Circuit Court of Appeals by a vote of 59-38. As a judge on the Mississippi Court of Appeals from 1995-2006, Southwick consistently favored employers over employees, corporations over consumers, and routinely decided against plaintiffs in racial discrimination cases. In one case, he ruled in favor of an employee who was fired for using a vulgar racial slur against a black colleague. The 5th Circuit covers an area that is one of the most heavily minority, covering Mississippi, Louisiana and east Texas.

An earlier vote to end debate on the nomination and move to the final vote unfortunately passed with the help of 12 Democrats and one independent. They are: Sens. Daniel Akaka (HI), Thomas Carper (DE), Daniel Inouye (HI),) Blanche Lincoln (AR), Tim Johnson (SD), Kent Conrad (ND), Robert Byrd (WV), Mark Pryor (AR), Byron Dorgan (ND), Ken Salazar (CO), Dianne Feinstein (CA), Ben Nelson (NE) and Joseph Lieberman (I-CT).
(Cynthia Bradley- cbradley@afscme.org)

Senate Extends Moratorium on Internet Access Taxes
The Senate passed by unanimous consent a bill to extend the moratorium on Internet access taxes for seven years. The Senate first agreed to the House-passed measure (H.R. 3678) that would extend the moratorium by four years. It was then amended to extend the moratorium to seven. The House now must act before the moratorium expires November 1, but it is unclear whether they will insist on the shorter extension period. The Senate action ended the debate on a permanent ban on new taxes which is strongly opposed by AFSCME, the National Governors Association, the U.S Conference of Mayors and others.
(Marc Granowitter- mgranowitter@afscme.org)

AFSCME LEGISLATIVE REPORT
September 7, 2007

In this issue:

Dark Clouds Threaten Children's Health Bill
AFSCME Corrections United – Law Enforcement Conference
Senate Confirms Jim Nussle as New White House Budget Director
Nurse Collective Bargaining Rights Bill Gains Cosponsors
House and Senate Hold Hearings on Tax Fairness Issues
Despite Fifth Year of Economic Recovery, More Live in Poverty and Lack Health Insurance Coverage

Dark Clouds Threaten Children's Health Bill
Despite strong public support for covering children, President Bush continues to state that he will veto legislation passed by the House and Senate to renew the State Children's Health Insurance Program (SCHIP). He has stated that he opposes covering more low-income children on "philosophical" grounds. In addition, Senate GOP leaders refused this week to allow the Senate to appoint a committee of Senators to negotiate with the House to resolve differences between the two bills.

Just prior to the August congressional recess, the House and Senate each passed distinct bills to renew the State Children's Health Insurance Program. The Senate bill (S. 1893) would provide coverage to three million low-income children who are not covered now. However, the House bill, the Children's Health and Medicare Protection (CHAMP) Act (H.R. 3162), goes further, covering five million new children.

In addition, the CHAMP Act also makes much-needed changes in the Medicare program, by cutting expensive subsidies to Medicare Advantage plans, the private insurance plans that are marketed to seniors as a substitute for traditional, government-administered Medicare. The savings from the cuts in subsidies are used to improve the financial solvency of the Medicare program, pay for improvements in Medicare benefits, and help increase funds for children's health coverage. Because the CHAMP Act covers more kids and improves Medicare, AFSCME has lobbied the Senate to support the House bill.

While we still face a fight over a presidential veto, it is vital that the strongest bill possible be finalized by the House and Senate and sent to the President.
(Barbara Coufal – bcoufal@afscme.org or Linda Bennett – lbennett@afscme.org)

YOUR HELP IS NEEDED NOW!

Please call your Senators toll-free at 1-888-460-0813. Urge them to support the Children's Health and Medicare Protection Act (CHAMP Act). Tell them that the House bill is better because it covers more kids and improves Medicare.

AFSCME Corrections United – Law Enforcement Conference
The Legislation Department conducted legislative briefings for law enforcement and corrections officers at the 2007 AFSCME Corrections United and Law Enforcement Conference. In addition, conference participants spent an afternoon lobbying Members of Congress on top priorities, including collective bargaining for public safety officers, due process rights and the need to repeal Social Security rules that cause many public employees to suffer a reduction in Social Security benefits.
(Blaine Rummel – brummel@afscme.org)

Senate Confirms Jim Nussle as New White House Budget Director
The Senate voted 69-24 to confirm controversial former Congressman Jim Nussle (R-IA) as Director of the White House Office of Management and Budget. No Republican Senator opposed Nussle and the Democrats split 23-23. AFSCME opposed Nussle's confirmation because, while in Congress, he led efforts to shrink federal investments in important public services. Last November, Iowa voters rejected his bid to become Iowa's Governor.
(Marc Granowitter - mgranowitter@afscme.org)

Nurse Collective Bargaining Rights Bill Gains Cosponsors
The Re-Empowerment of Skilled and Professional Employees and Construction Tradesworkers (RESPECT) Act (H.R. 1644/S. 969), a bipartisan bill which is urgently needed to protect the collective bargaining rights of workers, has attracted 103 House cosponsors.

Unlike other workers, "supervisors" do not have protection under federal labor law and can be legally fired for joining or forming a union or even saying words of support for union activities. Unfortunately, the National Labor Relations Board (NLRB) has radically broadened its interpretation of the statutory definition of a "supervisor" in a way to potentially deny protection to approximately one million health care workers – over 843,000 registered nurses, 124,000 licensed practical nurses and 53,000 physician assistants – who routinely direct the work of other employees. These recent NLRB decisions give employers the ability to strip collective bargaining rights from nurses and other employees who do not have managerial authority. The RESPECT Act would make two minor modifications to federal labor law to ensure that "employees with minor supervisory duties" continue to have the right to organize and bargain collectively.

The RESPECT Act has picked up steam as AFSCME activists have asked their U.S. Representatives and Senators to cosponsor the bill, but more cosponsors are needed to overcome fierce opposition from anti-union employer groups and the Bush Administration. You can see whether your Representatives or Senators are cosponsoring H.R. 1644/S. 969 by checking at http://thomas.loc.gov/
(Linda Bennett - lbennett@afscme.org)

House and Senate Committees Hold Hearings on Tax Fairness Issues
The House Ways and Means Committee and the Senate Finance Committee held separate hearings this week on the fairness of certain federal tax policies. The House's broader hearing reviewed the low tax rate paid on "carried interest," a type of investment income earned by managers of private equity firms and hedge funds. It also reviewed the impact of the alternative minimum tax on working families and the practice of reducing taxes by organizing investment funds outside of the U.S. The Senate hearing focused on the topic of the tax rate on carried interest. Senate Finance Committee Chair Max Baucus (D-MT) and Ranking Republican Charles Grassley (R-IA) recently introduced legislation (S. 1624) to increase the tax rate on carried interest. A similar bill (H.R. 2834) has been introduced in the House by Rep. Sander Levin (D-MI). It is expected that one of these measures, or a combination of them, will be approved by the House and Senate this year.
(Marc Granowitter – mgranowitter@afscme.org)

Despite Fifth Year of Economic Recovery, More Live in Poverty and Lack Health Insurance Coverage
New Census Bureau data on poverty, income and health insurance released at the end of August show that in 2006, the poverty rate was still higher, and median income for non-elderly households remained $1,300 lower, than in 2001 when the last recession hit bottom. It is virtually unprecedented for poverty to be higher and the income of working-age households lower in the fifth year of a recovery than in the last year of the previous recession.

The Census figures make clear that low- and middle-income families are not sharing in the gains of the economic growth of the past few years. "There's a lot of evidence that more people are working," noted Jared Bernstein, a senior economist at the D.C.-based Economic Policy Institute. "The important theme going on here is a labor market that's definitely offering people more work and more hours, but at lower wages."

The Census Bureau also reports that the number of Americans without health insurance increased by 2.2 million in 2006, and the number of uninsured children jumped by more than 600,000. The steady progress of recent years, in reducing the number of uninsured children, stalled in 2005 and began to reverse in 2006, in part because funding available for states to increase the number of children enrolled in SCHIP grew scarcer. In spite of this troubling trend, President Bush still vows to veto legislation that the House and Senate passed (in different versions) that would reduce the number of uninsured children by three to five million, and instead proposes to deny coverage to 800,000 children.
(Fran Bernstein – fbernstein@afscme.org)

AFSCME LEGISLATIVE REPORT
September 14, 2007

In this issue:

Senate Approves Transportation-HUD Spending Bill Above President's Request
Bush Makes Another Plea for Support of His Iraq War Policy
Senate Passes Veterans Funding Bill
GAO Study Finds Administration Let Private Medicine Plans Keep Millions in Overpayments that Should Have Gone to Seniors and People with Disabilities
States Urge Administration to Rescind New Restrictions on Children's Health Program

Senate Approves Transportation-HUD Spending Bill Above President's Request
The Senate voted 88-7 to approve $104.6 billion for the FY 2008 Transportation-Housing and Urban Development (HUD) Appropriations bill (H.R. 3074), which is $4 billion more than President Bush's request. The Senate's veto-proof support for these extra funds indicates that Senate Republicans may be more willing to buck presidential vetoes than House Republicans.

The Senate bill provides $3.77 billion for the Community Development Block Grant formula allocation, which is nearly $1 billion more than President Bush's request, but is not an increase over the current year's spending. The Senate also funded public housing programs above the President's request. The Senate bill contains a provision to preserve Public Housing Authorities' (PHAs) flexible use of Public Housing Capital Funds and another provision to exempt PHAs with fewer than 501 units from HUD's asset management requirements.

In response to this summer's Minnesota bridge disaster, the Senate successfully amended the bill to obligate an extra $1 billion from the Highway Trust Fund to improve and repair bridges. The bill funds highway infrastructure and Federal Transportation Administration programs above the President's request.
Congressional leaders have not decided if they will convene a House-Senate conference to negotiate a final bill or combine it with other appropriations bills in broader legislation.
(Marc Granowitter- mgranowitter@afscme.org)

Bush Makes Another Plea for Support of His Iraq War Policy
In a televised address to the nation, President Bush made a new plea for congressional support of his Iraq war policy. Senate Democratic leaders were harshly critical of Bush's remarks, and a number of Republican moderates also called for greater cuts in the number of American troops in Iraq.
(Charles M. Loveless- cloveless@afscme.org)

Senate Passes Veterans Funding Bill
Last Thursday, by a vote of 92-1, the Senate passed the Military Construction-Veterans Affairs (VA) Appropriations bill for FY 2008. The bill provides substantial increases for the Veterans Administration, which would get $43 billion, or $3.6 billion more than the President's request. The bill also includes $929.8 million, which is $237 million above the President's request, for military construction projects to ensure that the National Guard and Reserve have adequate training and maintenance facilities. The bill also provides $250 million towards the federal share of a grant program for repairing and constructing state veterans homes. The House passed its version of the funding bill on June 15. As the House and Senate move forward to negotiate a final bill, AFSCME will continue to press for adequate funding for resources for our National Guard and Reserve and veterans' health care.
(Linda Bennett- lbennett@afscme.org)

GAO Study Finds Administration Let Private Medicare Plans Keep Millions in Overpayments that Should Have Gone to Seniors and People with Disabilities
Under current law, insurance companies are paid significant subsidies to offer Medicare beneficiaries Medicare Advantage plans, which are not supplemental plans but a private alternative to traditional Medicare. The Administration has aggressively encouraged insurance companies to enroll beneficiaries in these plans even though the overpayments to insurance companies speed up the depletion of the Medicare Hospital Trust Fund, increase Medicare premiums for all beneficiaries and cost more money to provide beneficiaries with coverage than traditional Medicare. Now it seems even when the Medicare program erroneously pays these insurance companies more money than legally allowed, the Administration will let the insurers keep the money.

A report by the Government Accounting Office (GAO) found that the Bush Administration has allowed these private insurance companies to keep tens of millions of dollars that should have gone to seniors and people with disabilities. In 2003, the Administration found that 41 of the 49 insurance companies audited did not correctly calculate their costs and premiums and did not deliver the services promised to Medicare beneficiaries. Insurers kept $59 million that beneficiaries should have received in additional benefits, lower co-payments or lower premiums. The Administration took no action to recover the money paid by Medicare to the insurance companies in error.

The House has passed legislation, the Children's Health and Medicare Protection Act of 2007 (CHAMP Act), which would eliminate the runaway subsidies to these private Medicare plans and establish consumer protections for the beneficiaries in these plans. The CHAMP Act uses some of the savings to improve Medicare benefits, provide help to lower income beneficiaries, and strengthen the financial stability of the Medicare program. AFSCME is lobbying for the Senate to adopt the improvements to Medicare.
(Linda Bennett- lbennett@afscme.org)

States Urge Administration to Rescind New Restrictions on Children's Health Program
Against the backdrop of House and Senate negotiations over a final bill to renew the State Children's Health Insurance Program (SCHIP), the Administration recently issued new rules that would preempt the effort in Congress to cover more low-income children. The National Association of State Medicaid Directors and the American Public Human Services Association sent a letter to Health and Human Services Secretary Michael O. Leavitt urging the Administration to rescind the new "inexplicable and deeply troubling" policy. Among the new restrictions imposed by the Administration is a requirement for a one-year minimum period between the time a child is dropped from private coverage and enrolled in SCHIP. The new rules also require states to enroll 95 percent of children in families at or below 200 percent of poverty before enrolling children in families with incomes at or above 250 percent of income. Because the 95 percent threshold is an impossible goal, the Administration would effectively prohibit enrollment of kids in families at or above 250 percent of poverty. Sens. Edward M. Kennedy (D-MA), Olympia Snowe (R-ME) and Gordon Smith (R-OR) have introduced legislation (S. 2049) to block the Administration's new rules.
(Barbara Coufal- bcoufal@afscme.org)

AFSCME LEGISLATIVE REPORT
September 21, 2007

In this issue:

House and Senate to Vote on Children's Health Bill–President Reiterates Veto Threat
Senate Rejects D.C. Voting Rights Bill
House Committee Approves Nurse Collective Bargaining Rights Bill
Bills to Secure Minimum Wage and Overtime for Home Health Care Workers Introduced
Senate Passes Mental Health Parity Legislation
New Bipartisan Senate Bill Would Create Entitlement Reform Task Force
House Committee Approves Short-Term Trade Adjustment Assistance Act Extension
House and Senate Agree on FDA Reauthorization; Generic Biotech Drugs Not Included

House and Senate to Vote on Children's Health Bill – President Reiterates Veto Threat
House and Senate leaders are completing the final details in negotiations on a compromise bill to continue and improve the State Children's Health Insurance Program (SCHIP). Both the House and Senate plan to hold votes on the bill next week. The bill is expected to easily win passage, but it is uncertain whether there will be enough support among House Republicans to achieve the two-thirds majority needed to override an expected veto by President Bush.

The compromise bill would provide coverage to an additional four million children who are already eligible for health coverage but currently unenrolled in state programs due primarily to a lack of federal funding. The increase in coverage is paid for by an increase in the federal tobacco tax. For a pack of cigarettes, the tax would increase by about 61 cents. Unfortunately, the final bill did not include provisions from the House-passed bill that were aimed at improving the Medicare program, including the elimination of overpayments to the private Medicare Advantage plans that are offered as an alternative to traditional fee-for-service Medicare. While the Senate was unwilling to include the Medicare provisions in the SCHIP bill, Senate leaders have promised to develop and advance separate legislation to address the overpayments and other needed improvements in the Medicare program.
(Barbara Coufal- bcoufal@afscme.org)

How You Can Help Kids!

Call your Representative and urge him/her to vote for the SCHIP bill. Tell him/her that children need health care in order to have a healthy start in life. Without coverage, kids don't get the regular checkups and doctor visits that they need. Call Today, Toll Free at 1-888-460-0813. Insist that your Representative stand with children and not with the President!

Senate Rejects D.C. Voting Rights Bill
On September 18, the Senate failed to pass a bill that would have given the District of Columbia a vote in the House of Representatives. While obtaining 57 votes, proponents failed to achieve the 60 votes necessary to overcome a procedural hurdle erected by GOP leaders. The D.C. House Voting Rights Act (S. 1257) would have given the District of Columbia one voting member in the U.S. House of Representatives and, as part of a compromise, cleared the way for Utah to have an additional seat in the House. The House of Representatives approved its bill in April. Polls show that most Americans support full voting representation for D.C. residents.
(Cynthia Bradley- cbradley@afscme.org)

House Committee Approves Nurse Collective Bargaining Rights Bill
On Wednesday, the House Committee on Education and Labor approved the Re-Empowerment of Skilled and Professional Employees and Construction Tradeworkers (RESPECT) Act (H.R. 1644), which restores the fundamental right to organize to millions of hard-working Americans. The Committee adopted the bill by a vote of 26-20, along party lines.

The RESPECT Act makes necessary modifications to the statutory definition of a "supervisor" under the National Labor Relations Act, the law that governs labor relations in the private sector. Unlike other workers, "supervisors" do not have protection under federal labor law and can be legally fired for joining or forming a union. Recent interpretations of the term "supervisor" by courts and the National Labor Relations Board (NLRB) have given employers the ability to strip collective bargaining rights from nurses and other employees who do not have managerial authority but who might direct a co-worker on a single, discrete task. The bill would make two minor modifications to federal labor law to ensure that "employees with minor supervisory duties" continue to have the right to organize and bargain collectively. AFSCME will be pressing for passage of H.R. 1644 and for the Senate to pass its version of the bill (S. 969). You can see whether your representatives or senators are cosponsoring H.R. 1644/S. 969 by checking at http://thomas.loc.gov/
(Linda Bennett- lbennett@afscme.org)

Bills to Secure Minimum Wage and Overtime for Home Health Care Workers Introduced
The Fair Home Health Care Act (S. 2061/H.R. 3582), introduced by Sen. Tom Harkin (D-IA) and Rep. Lynn Woolsey (D-CA), would give home health care workers the minimum wage and overtime protections of the Fair Labor Standards Act (FLSA), so long as the workers are not employed on an occasional basis. The legislation will nullify and correct the recent Supreme Court decision in Long Island Care at Home, Ltd. v. Evelyn Coke, which put home care providers employed by a home care agency outside of the core protections of the FLSA.
(Linda Bennett- lbennett@afscme.org)

Senate Passes Mental Health Parity Legislation
The Senate passed legislation (S. 558) that would require mental health benefits to be equal in amount and scope to other benefits in insurance plans. The bill does not require plans or insurers to offer mental health coverage. Current law is set to expire at the end of the year and only prohibits plans from imposing higher annual and lifetime dollar limits on mental health coverage than is imposed on medical and surgical benefits. The law allows state and local plans to opt out of these requirements. Two House committees have taken positive action on the slightly different House mental health parity bill (H.R. 1424), but a third committee must yet consider the bill. As the House proceeds to consider the legislation, AFSCME will advocate to close the opt-out loophole for state and local plans and to strengthen mental health parity.
(Linda Bennett- lbennett@afscme.org)

New Bipartisan Senate Bill Would Create Entitlement Reform Task Force
The Chair and Ranking Republican of the Senate Budget Committee introduced "The Bipartisan Task Force for Responsible Fiscal Action Act of 2007" (S. 2063), which would create a task force on entitlement reform. The bipartisan task force would "review all aspects of the current and long-term financial condition of the federal government." This 16 person task force would include 14 members of Congress and Administration officials, and would be chaired by the Treasury Secretary. It would report to Congress before December 10, 2008 with an analysis of all potential solutions, and make legislative recommendations to Congress for substantially improving long-term fiscal balance. The House and Senate would be required to give these recommendations expedited consideration with limited floor debate. AFSCME has opposed similar legislation in the past. House Democratic leaders are also cool to this idea.
(Marc Granowitter- mgranowitter@afscme.org)

House Committee Approves Short-Term Trade Adjustment Assistance Act Extension
With the Trade Adjustment Assistance Act expiring on September 30, the House Ways and Means Committee this week approved a three-month extension of the program (H.R. 3375). Both the House and Senate are expected to approve the legislation before the end of September.

Meanwhile congressional staff are developing legislation that would renew and substantially expand the current program which provides extended unemployment benefits and retraining for workers who lose their jobs due to trade. Among the important improvements would be an expansion of coverage to service workers and public employees and increasing the resources available for training.

AFSCME has been working with staff in both the House and Senate to design a new funding stream for state employment service and unemployment insurance employees to provide counseling, assessment and other case management services to workers applying for the program. Previously, the state employment service provided these services, but funding reductions have substantially eroded their ability to do so.

In addition, in recent years DOL has been pushing states to use Workforce Investment Act (WIA) funds and WIA contractors to serve qualifying workers. AFSCME is working to ensure that the new law includes a requirement to continue the program's longstanding practice of requiring that state agency merit staff administer the benefits and provide the counseling services for the program.
(Nanine Meiklejohn- nmeiklejohn@afscme.org)

House and Senate Agree on FDA Reauthorization; Generic Biotech Drugs Not Included
Both the House of Representatives and the Senate overwhelmingly passed legislation (H.R. 3580) to reauthorize the Food and Drug Administration's (FDA) prescription drug and medical device review program through FY 2012, financed by nearly $400 million in drug and device company user fees. Among the bill's provisions: a new program for the voluntary review of prescription drug direct-to-consumer television advertisements; new rules involving the disclosure of clinical trial results; incentives for pediatric research; and new rules on conflict of interests in drug agency advisory boards. The bill does not include authority for FDA to approve generic versions of biotech drugs or "biologics", which are products such as insulin and hormones that are made from biological substances. Legislation concerning the review and approval process for generic biotech drugs, which has been considered by the Senate Health, Education, Labor and Pensions Committee, will be considered separately from the FDA drug user fee program reauthorization.
(Linda Bennett- lbennett@afscme.org)

AFSCME LEGISLATIVE REPORT
August 3, 2007

In this issue:

Efforts to Undo Food Stamp Anti-Privatization Protection is Sidelined
House and Senate Approve Separate Health Bill–President Threatens to Veto Both Versions
House and Senate Approve Final Ethics Reform Bill
Pay Discrimination Legislation Passes in the House
Unemployment Insurance Reform Legislation Introduced in the Senate

Efforts to Undo Food Stamp Anti-Privatization Protection is Sidelined
Early this week, Rep. Michael Conaway (R-TX) signaled his intention to undo the Food Stamp Act anti-privatization protection in the just-passed Farm Bill by offering an amendment to the FY 2008 Agriculture spending bill. Because of pressures to limit the amount of time on the appropriations bill, the House leadership later in the week reduced the number of amendments that would be allowed on the House floor, and the Conaway amendment never went to a vote.

However, in the few intervening days, we were able to secure the support of most House Democrats and some Republicans in opposing the amendment and would have been able to defeat it if it had come to a vote. In the process, we made significant progress educating House members on the privatization issue and in demonstrating the importance of the issue to the tens of millions of Americans who depend upon the Food Stamp program. We expect an even more difficult fight over Food Stamp privatization as legislative action shifts to the Senate.
(Nanine Meiklejohn- nmeiklejohn@afscme.org)

House and Senate Approve Separate Children's Health Bills–President Threatens to Veto Both Versions
This week, the House and Senate each passed major health care bills centered on reauthorizing, or renewing, the State Children's Health Insurance Program (SCHIP). However, enactment of a final bill is at great risk due to a threat by President Bush that he would veto a final bill if it is similar to either the House or Senate bill. The President has stated that he opposes covering more kids on "philosophical" grounds. In contrast to his opposition to providing federal funds to provide health care coverage to children, he continues to demand that the Congress not eliminate the overpayments, or subsidies, to the private insurance companies that cover Medicare beneficiaries.

In the Senate, the Children's Health Insurance Program Reauthorization Act (S. 1893) was approved by a vote of 68-31 late after a week-long debate during which several attempts were made to weaken the bill. The approved bill provides $35 billion in additional federal funds to the states over five years. The additional funds will provide coverage to just over three million children, who are eligible for SCHIP but not enrolled. The bill also includes language sought by AFSCME that protects Medicaid eligibility determinations from privatization. In order to fund the additional coverage, the bill increases the federal tax on tobacco by 61 cents per cigarette pack.

Importantly, the Senate vote in favor of the bill exceeds, by one, the number needed to override a presidential veto. No Democrat voted against the bill. Seventeen Republicans voted for it: Sens. Lamar Alexander (TN), Christopher Bond (MO), Norm Coleman (MN), Susan Collins (ME), Bob Corker (TN), Pete Domenici (NM), Charles Grassley (IA), Orrin Hatch (UT), Kay Bailey Hutchison (TX), Richard Lugar (IN), Lisa Murkowski (AK), Pat Roberts (KS), Gordon Smith (OR), Olympia Snowe (ME), Arlen Specter (PA), Ted Stevens (AK), John Sununu (NH) and John Warner (VA).

In the House, the Children's Health and Medicare Protection (CHAMP) Act (H.R. 3162) was approved by a vote of 225-204. The CHAMP Act includes the following components:

A measure to reauthorize the SCHIP providing an additional $50 billion in funding to states over the next five years. The additional funding will allow five million more low-income children to have health coverage.
Language promoted by AFSCME that protects Medicaid eligibility determinations from privatization.
Improvements in the Medicare benefit package and the dedication of $12.7 billion to assist low-income beneficiaries with out-of-pocket costs.
Cancellation of a 10 percent cut in Medicare's payments to physicians who treat Medicare beneficiaries.
An increase in the federal tobacco tax of 45 cents per pack.
A cut in the expensive subsidies to Medicare Advantage plans, the private insurance plans that are marketed to seniors as a substitute for traditional, government-administered Medicare–a major AFSCME legislative priority. The savings from the cuts in subsidies are used to pay for improvements in the Medicare program and to help pay for the increase in funding for the SCHIP program. By cutting the unaffordable subsidies, the bill also helps to strengthen the financial solvency of the Medicare program.

The House bill was approved largely along party lines and falls far short of the number needed to override a presidential veto. As shown below, five Republicans voted for the bill and 10 Democrats opposed it. The Democrats who voted against the bill were primarily opposed to the tobacco tax increase.

Republicans who Voted Right
Shelley Moore Capito (WV)
Michael Ferguson (NJ)
Ray LaHood (IL)
Frank LoBiondo (NJ)
Christopher Shays (CT)
Jim Marshall (GA)
Baron Hill (IN)
Heath Shuler (NC)
Gene Taylor (MS)
Mike McIntyre (NC)

Democrats who Voted Wrong
Dan Boren (OK)
Jim Cooper (TN)
Joe Donnelly (IN)
Brad Ellsworth (IN)
Bob Etheridge (NC)

(Barbara Coufal- bcoufal@afscme.org)

House and Senate Approve Final Ethics Reform Bill
This week, the House and Senate approved the Honest Leadership and Open Government Act of 2007 (S. 1), by margins of 411-8 in the House and 83-14 in the Senate. The bill makes a number of changes aimed at reducing the influence of special interests on the legislative process, including reforms in earmarking, bans on gifts to members of Congress and a requirement that charter plane rates be paid when members of Congress travel on corporate jets. The bill also increases the reporting requirements of lobbyists.

Democrats had made this bill a priority for the year. Each house of Congress enacted its own version early in the year. However, attempts to resolve the differences between the bills foundered when a lone GOP Senator used a procedural obstacle to prevent these negotiations from taking place for months. The procedural obstacle was ultimately surmounted and a final bill was worked out. It is expected that the President will sign the bill.
(Barbara Coufal- bcoufal@afscme.org)

Pay Discrimination Legislation Passes in the House
The House voted 225-199 on July 31 to reverse the Supreme Court's decision limiting the time that workers have to sue their employers for pay discrimination. The Lilly Ledbetter Fair Pay Act of 2007 (H.R. 2831) would remove the statute of limitations for pay discrimination lawsuits for longtime company employees. The legislation was introduced by Rep. George Miller (D-CA) in response to a recent Supreme Court decision involving a woman named Lilly Ledbetter.

Lilly Ledbetter filed discrimination charges against the Goodyear Tire & Rubber Company for paying her substantially less than her male co-workers. The Supreme Court ruled in a 5-4 decision that an employee had 180 days to bring suit after the first unfair paycheck and that Lilly had waited too long to sue. The Court's decision reverses decades of the practice of recognizing that an employer violates the law with each paycheck that is based on a discriminatory decision. Also, the Court's decision places an unrealistic timetable on employees who are victims of pay discrimination, while protecting employers who discriminate from liability.

H.R. 2831 would restore prior practice allowing individuals who are victims of discrimination based on race, sex, age or disability, to challenge discriminatory pay decisions each time they are victimized by such decisions or every time a paycheck is issued that is based on discrimination. The legislation addresses real life situations by recognizing that employees may not be aware initially that they are being victimized, as was the case with Ms. Ledbetter. Pay information is typically confidential so a victimized employee may not be aware that they are victims of discrimination and therefore cannot file claims quickly.

President Bush has threatened to veto the bill. Unfortunately the number of votes in favor of legislation is far less than the number needed to override a veto. A similar bill has been introduced in the Senate.
(Cynthia Bradley- cbradley@afscme.org)

Unemployment Insurance Reform Legislation Introduced in the Senate
A bipartisan group of Senators has introduced legislation that would release a significant amount of money from the Federal Unemployment Trust Fund to states that adopt a number of reforms designed to improve the unemployment insurance (UI) system, including measures that make it easier for low-wage and part time workers to receive benefits. If all the states adopt the reforms, another 500,000 workers a year would collect UI benefits

The Unemployment Insurance Modernization Act (S. 1871), sponsored by Sens. Edward M. Kennedy (D-MA), Olympia Snowe (R-ME), John D. Rockefeller (D-WV), John Warner (R-VA) and Maria Cantwell (D-WA), also includes $500 million in funding for all states to help address the serious cuts in federal state administrative grants that fund critical UI services such as in-person UI claims, reemployment services, better technology, and multilingual services.

A comparable bill was introduced in the House by Rep. Jim McDermott (D-WA) in May, and we are hopeful the legislation will move forward this year.
(Nanine Meiklejohn- nmeiklejohn@afscme.org)

AFSCME LEGISLATIVE REPORT
July 27, 2007

In this issue:

House of Representatives Takes Major Step Toward Curbing Privatization
House Committees Take Up Major Health Bill; Action Expected on House Floor Next Week
Senate to Debate Children's Health Bill
AFSCME Employment Security Member Calls for WIA Reform
Senate and House Approve Bill Implementing Recommendation of 9/11 Commission
Senator Kennedy Introduces Bill to Stop Mandatory Overtime for Nurses
The Safe Schools Improvement Act Introduced
Senate Passes Second Higher Education Bill
Minimum Wage Increase Takes Effect

House of Representatives Takes Major Step Toward Curbing Privatization
After two days of lengthy debate the House passed the House farm bill (H.R. 2419), by a vote of 231-191 on Friday, July 27.

Passage of the bill marks a major milestone in AFSCME's effort to hold back pressure from private companies and some right wing ideologues to privatize large portions of government-provided services. The bill includes a key provision that is intended to block the Bush Administration from allowing states to evade the Food Stamp Act's requirement that state civil service employees conduct the eligibility determination process for the Food Stamp program.

Final passage of the bill occurred after the bill survived a crucial test when an amendment that would have destroyed the delicate political coalition supporting the Agriculture Committee's bill was defeated by a vote of 117-309. AFSCME lobbied hard in support of the bill.
(Nanine Meiklejohn- nmeiklejohn@afscme.org)

House Committees Take Up Major Health Bill; Action Expected on House Floor Next Week
On Thursday, the House Energy and Commerce Committee and the Ways and Means Committee each began meetings to debate the Children's Health and Medicare Protection (CHAMP) Act (H.R. 3162). By the end of the day, only the Ways and Means Committee had concluded action on the bill with a final vote of 24 -17, along party lines, to approve the bill. The debate began again on Friday in the Energy and Commerce Committee. In both committees, Republican leaders employed delaying tactics to prevent debate on the bill and consideration of amendments. If delaying tactics continue through Friday in the Energy and Commerce Committee, it is expected that the Democratic leadership will pull the bill from the committee and put it on the House floor for consideration next week.

The bill includes the following components:

A measure to reauthorize, or renew, the State Children's Health Insurance Program (SCHIP) providing an additional $50 billion in funding to the states over the next five years to continue coverage of the six million children covered today and assure coverage for millions more eligible, but uninsured, low-income children.
Language promoted by AFSCME that protects Medicaid eligibility determinations from privatization.
Improvements in the Medicare program, including features that reduce costs for low-income seniors, makes mental health care more affordable and eliminates co-payments and deductibles for certain preventive health benefits.
A measure to block a 10 percent cut in Medicare's payments to doctors who treat Medicare beneficiaries.
An increase in the federal tobacco tax to help pay for the increased funding for children's health coverage.
A cut in the expensive subsidies to Medicare Advantage plans, the private insurance plans that are marketed to seniors as a substitute for traditional, government administered Medicare – a major AFSCME legislative priority. The savings from the cuts in subsidies are used to pay for improvements in the Medicare program and to help pay for the increase in funding for the SCHIP program. By cutting the unaffordable subsidies, the bill also helps to strengthen the financial solvency of the Medicare program.

During debate on the bill in the Ways and Means Committee, an amendment was offered by Rep. Phil English (R-PA) to strip language in the bill that eliminates the subsidies to the Medicare Advantage plans. The amendment failed largely along party lines. But the debate over this amendment foreshadows what will be a tough fight over the bill on the House floor with the insurance industry waging a strong fight to keep its subsidies.
(Barbara Coufal- bcoufal@afscme.org)

Senate to Debate Children's Health Bill
Next week, the Senate is also expected to debate its version of legislation reauthorizing the State Children's Health Insurance Program. The Senate bill provides $35 billion over five years in additional funding for children's health care, paid for with an increase in the federal tobacco tax. The Senate bill does not address the Medicare Advantage subsidies. The Senate bill also includes language promoted by AFSCME protecting Medicaid eligibility determinations from being privatized.
(Barbara Coufal- bcoufal@afscme.org)

We Need Your Help!

Please Call Your Representative and Your Senators Now toll free at 1-888-460-0813.
Urge them to vote for bills to reauthorize the Children's Health Insurance Program.
Tell them that we must fulfill the nation's promise to provide
health coverage to low-income children.

AFSCME Employment Security Member Calls for WIA Reform
Testifying before a subcommittee of the House of Representatives, Mason Petit, a trade adjustment assistance counselor from Washington State and a member of AFSCME Council 28, called for a realignment of the workforce system. He urged Congress to create a collaborative system in which the state employment service is the major provider of labor exchange services with the Workforce Investment Act (WIA) primarily providing training and intensive services. Petit described how private agencies provide little training and low-cost job matching while the state labor exchange capacity continues to decline. A copy of the testimony appears on the AFSCME website.
(Nanine Meiklejohn- nmeiklejohn@afscme.org)

Senate and House Approve Bill Implementing Recommendations of 9/11 Commission
Late this week the House and Senate approved the Improving America's Security Act (H.R. 1), legislation that implements recommendations for homeland security made by the bipartisan 9/11 commission. The bill includes measures to address emergency communications and rail, aviation and mass transit security. Because of opposition from the White House and from GOP leaders, a provision restoring collective bargaining rights to airport security screeners was dropped from the bill.
(Barbara Coufal- bcoufal@afscme.org)

Senator Kennedy Introduces Bill to Stop Mandatory Overtime for Nurses
The Safe Nursing and Patient Care Act of 2007 (S. 1842), recently introduced by Sens. Edward Kennedy (D-MA) and John Kerry (D-MA) would improve the quality of care in hospitals by setting reasonable limits on mandatory overtime from nurses. Nurses are routinely forced to work double shifts and extra hours, even though this practice puts patient safety in jeopardy. Research has found that when nurses work 12.5 hours or more per day the likelihood of giving the patient the wrong medication or making other errors triples. The bill would prohibit health care facilities from requiring registered nurses and licensed practical nurses to work more than a scheduled work shift, more than 12 hours in a 24-hour period, or more than 80 hours in a consecutive 14-day period, absent a declared emergency. The bill also protects nurses from retaliation if they report employers for violating these patient safety provisions. Reps. Pete Stark (D-CA) and Steven LaTourette (R-OH) have introduced a companion bill in the House.
(Linda Bennett- lbennett@afscme.org)

The Safe Schools Improvement Act Introduced
The Safe Schools Improvement Act (H.R. 3132) was introduced by Rep. Linda Sanchez (D-CA) with over 30 bipartisan cosponsors. The bill, which would amend the Safe and Drug-Free Schools and Communities Act, would require that schools and districts ensure that their codes of conduct specifically prohibit bullying and harassment, and that states include bullying and harassment data in their state-wide reporting just as districts include such data in their plans to address school safety. Current federal law provides important federal support to promote school safety but does not comprehensively and expressly focus on issues of bullying or harassment.
(Marge Allen- mallen@afscme.org)

Senate Passes Second Higher Education Bill
Last week, the Senate approved H.R. 2669 which would increase the maximum Pell Grant by more than $1,000 and lower the interest rates for student loans by providing that monthly repayments never exceed 15 percent of monthly income. The bill would also provide loan forgiveness after 10 years for teachers, firefighters, child care workers and other public employees. This week, the Senate approved the reauthorization of the Higher Education Act (S. 1642) by a 95-0 vote. This bill contains ethics reforms in the student loan industry. It would also simplify the federal financial aid application and delivery process, to ensure that a complex process does not become a barrier to access for low-income students.
(Marge Allen- mallen@afscme.org)

Minimum Wage Increase Takes Effect
The first of three minimum wage increases went into effect on July 24 when the minimum wage rose to $5.85 an hour. The second increase, to $6.55, will take place on July 24, 2008 and the final increase, to $7.25 an hour, will take place on July 24, 2009. The increases are the result of legislation that the Democratic-controlled Congress approved in January 2007. Nearly 13 million workers, or 10 percent of the U.S. workforce, will directly or indirectly benefit from a raise in the minimum wage to $7.25 per hour. A rally, attended by over 100 members of Congress and hundreds of cheering trade unionists, was held on Capitol Hill to hail the first increase in 10 years. At that rally, Sen. Edward Kennedy and Rep. George Miller (D-CA) announced that they plan to introduce legislation to what it was at the peak of its buying power in 1968. The minimum wage would have to be $9.50 an hour today to have the purchasing power that it had in 1968.
(Marge Allen mallen@afscme.org)

AFSCME LEGISLATIVE REPORT
August 3, 2007

In this issue:

Efforts to Undo Food Stamp Anti-Privatization Protection is Sidelined
House and Senate Approve Separate Health Bill–President Threatens to Veto Both Versions
House and Senate Approve Final Ethics Reform Bill
Pay Discrimination Legislation Passes in the House
Unemployment Insurance Reform Legislation Introduced in the Senate

In the House, the Children's Health and Medicare Protection (CHAMP) Act (H.R. 3162) was approved by a vote of 225-204. The CHAMP Act includes the following components:

A measure to reauthorize the SCHIP providing an additional $50 billion in funding to states over the next five years. The additional funding will allow five million more low-income children to have health coverage.
Language promoted by AFSCME that protects Medicaid eligibility determinations from privatization.
Improvements in the Medicare benefit package and the dedication of $12.7 billion to assist low-income beneficiaries with out-of-pocket costs.
Cancellation of a 10 percent cut in Medicare's payments to physicians who treat Medicare beneficiaries.
An increase in the federal tobacco tax of 45 cents per pack.
A cut in the expensive subsidies to Medicare Advantage plans, the private insurance plans that are marketed to seniors as a substitute for traditional, government-administered Medicare–a major AFSCME legislative priority. The savings from the cuts in subsidies are used to pay for improvements in the Medicare program and to help pay for the increase in funding for the SCHIP program. By cutting the unaffordable subsidies, the bill also helps to strengthen the financial solvency of the Medicare program.

A comparable bill was introduced in the House by Rep. Jim McDermott (D-WA) in May, and we are hopeful the legislation will move forward this year.
(Nanine Meiklejohn- nmeiklejohn@afscme.org)

AFSCME LEGISLATIVE REPORT
July 20, 2007

In this issue:

House Passes Labor, Health and Human Services and Education FY 2008 Spending Bill
Collective Bargaining Bill Passes the House of Representatives
AFSCME Scores Major Privatization Victory in House Committee
Senate Panel Approves Children's Health Insurance Bill; Floor Debate Set for Next Week
Private Tax Collectors Given the Boot
House Committee Passes Bill Improving Mental Health Insurance Coverage
Senate Clears Student Loan Bill After Rejecting Anti-Labor Amendment

House Passes Labor, Health and Human Services and Education FY 2008 Spending Bill
After three days of debate and rejecting various rightwing lawmakers' attempts to reduce spending for the largest domestic spending bill, the House passed its FY 2008 Labor, Health and Human Services (Labor-HHS) and Education appropriations bill (H.R. 3043) on July 19 by a vote of 276 to 140. Reversing years of flat funding, across-the-board cuts and lost purchasing power, the House's spending bill provides a 4.8 percent overall increase for programs in the bill, including funding boosts for child care, Head Start, the Employment Service, K-12 education, community health centers and Pell Grants.

Through the Emergency Campaign for America's Priorities (ECAP), AFSCME and its affiliates led field and press work in 41 primarily Republican districts. Eighty percent of these targeted members voted the right way?including every single Republican we targeted with on-the-ground rallies and press conferences. We have attached the list of 53 Republicans who joined with the Democratic caucus in voting yes on the Labor-HHS on appropriations bill for FY 2008. Rep. Melissa Bean (IL) was the only Democrat who voted against the House Labor-HHS funding bill.

Thanks to AFSCME activists who sent a strong message in opposition to any weakening of the Occupational Safety and Health Administration's (OSHA) requirement that hospitals annually test the fit of respirators that protect workers who may be exposed to tuberculosis (TB), Rep. Roger Wicker (R-MS) did not even offer his amendment to gut the annual fit testing provision. This is the first time since 2003 that the rider to block OSHA implementation of the rule was not inserted in the Labor-HHS funding bill as drafted. As the Labor-HHS funding bill moves forward in the Senate, AFSCME will remain vigilant to make sure this anti-worker rider is not added.

The House also rejected an attempt by private insurance companies to keep substantial subsidies for their private alternatives to Medicare. Under the disingenuous guise of protecting minority, low-income, rural or union groups, the amendment offered by Rep. Dave Camp (R-MI) was designed to stop any reductions in overpayments to private Medicare Advantage plans.

The majority of House members also rejected an amendment from Rep. Joe Barton (R-TX) that would have resulted in more than a 20 percent cut in the National Institute for Occupational Safety and Health (NIOSH) budget. The Democratic majority was able to fend off another harmful amendment, this one from Rep. Mark Souder (R-IN), which would have prohibited the National Labor Relations Board from applying the National Labor Relations Act to unions that are established through card check recognition instead of secret ballot elections.

The Senate Labor-HHS funding bill has not been scheduled for a floor vote. President Bush has already threatened to veto the final bill because it will fund Labor-HHS programs at higher levels than his proposed budget, which would have cut many of these vital services. AFSCME activists are already working with coalition partners to discourage a veto from being made and to build the two-thirds vote support necessary to reject a presidential veto.
(Linda Bennett- lbennett@afscme.org; Fran Bernstein? fbernstein@afscme.org)

Public Safety Collective Bargaining Bill Passes the House of Representatives
After 12 years of fighting to pass legislation to provide collective bargaining rights to public safety officers in all states, AFSCME's corrections and law enforcement officers can now claim victory. On July 17, the House of Representatives voted to extend collective bargaining rights by a vote of 314 to 97. The Public Safety Employer-Employee Cooperation Act (H.R. 980) extends collective bargaining rights to public safety officers who do not currently have the right to engage in such activities. The bill has been at the top of AFSCME's legislative agenda. See video of the press conference heralding the passage of the bill. http://www.youtube.com/watch?v=2i-AXmBzOk4
(Jayne Clancy- jclancy@afscme.org)

AFSCME Scores Major Privatization Victory in House Committee
The House Agriculture Committee this week approved an AFSCME-backed measure that would block the Bush Administration from allowing states to privatize the eligibility determination process for the Food Stamp program. The provision, part of the Nutrition Title of the Farm Bill, also would cause Indiana to renegotiate or end a 10-year contract to privatize its Food Stamp, Medicaid and TANF programs, which the state signed with IBM last winter. As a result, the state would have to rehire state caseworkers who have been transferred to the private contractor.

During the committee's debate on the bill, a motion to strike the provision, by Rep. Charles Boustany (R-LA), was defeated by a vote of 20 to 25 with all Democrats and one Republican, Rep. Tim Johnson (IL), voting against the amendment.

A second amendment offered by two new and politically vulnerable Indiana Democrats, Reps. Brad Ellsworth and Joe Donnelly, to give conditional authority for Indiana to continue with its contract, failed to generate support from either party and went down by voice vote.

Indiana is the latest state to attempt a massive transfer of the eligibility determination process for Food Stamps and Medicaid to private contractors. A previous effort in Texas was a disaster and was abandoned by the state this past spring after a little over a year.
(Nanine Meiklejohn- nmeiklejohn@afscme.org)

Senate Panel Approves Children's Health Insurance Bill; Floor Debate Set for Next Week
On Thursday, the Senate Finance Committee considered and approved bipartisan legislation to reauthorize or renew the State Children's Health Insurance Program (SCHIP). The bill is aimed at expanding health coverage for children by adding 3.2 million more low-income kids to the SCHIP and Medicaid rolls. The expansion in the number of children covered is estimated to cost an additional $35 billion over five years. The Senate bill finances this added cost with an increase in the tax on tobacco products.

The bill is a compromise worked out by Sens. Max Baucus (D-MT), John D. Rockefeller (D-WV), Charles E. Grassley (R-IA) and Orrin Hatch (R-UT). While the bill could have made further progress in reducing the number of uninsured children, it is remarkable that a bipartisan compromise could be reached at all given the President's repeated threat to veto legislation that would expand coverage.

The bill is slated for floor consideration next week. It is expected to be a contentious debate with allies of the President pushing for amendments that would reduce the number of children covered.

In the House, Democrats on the Energy and Commerce Committee and the Ways and Means Committee are finalizing their SCHIP bill and are expected to schedule simultaneous debates in each committee next week. The bill will call for covering more kids than the Senate bill, with projected spending of $50 billion over five years. In addition to an increase in the tobacco tax, the bill will include a reduction in subsidies to private insurance companies that sell Medicare Advantage plans to seniors. These plans, which are a substitute for traditional, government-administered Medicare, are paid, on average, 12 percent more for each beneficiary than it costs to cover a beneficiary under traditional Medicare. Unless they are reduced, taxpayers and Medicare beneficiaries will be subsidizing Medicare Advantage plans to the tune of $160 billion over the next 10 years.

However, reducing the subsidies to the private insurance companies is not without controversy. The industry has waged a strong campaign to keep the subsidies that fatten their profits. AFSCME opposes the subsidies to the private plans and supports reducing them in order to improve the Medicare program and expand SCHIP coverage.
(Barbara Coufal- bcoufal@afscme.org)

We Need Your Help!

Call your Representative today at 1-888-460-0813. Urge him/her to stop the subsidies to the Medicare Advantage private plans. Tell him/her that the savings should be used to improve the Medicare program and to expand children's health coverage.

Private Tax Collectors Given the Boot
The House Ways and Means Committee delivered a blow to a controversial three-year-old Internal Revenue Service (IRS) plan to outsource tax collection efforts. On a largely party-line vote of 23-18, the committee approved legislation sponsored by Chairman Charles Rangel (D-NY) that rescinds IRS authority allowing private debt collectors to go after delinquent taxpayers accounts. In passing the bill, committee members cited abusive tactics by private collectors and concerns that only public workers should be performing this sensitive, governmental work involving private tax records. A similar bill (S. 335) has been sponsored in the Senate by Byron L. Dorgan (D-ND), but no action has been scheduled.
(Ed Jayne- ejayne@afscme.org)

House Committee Passes Bill Improving Mental Health Insurance Coverage
The full House Education and Labor Committee passed legislation (H.R. 1424) designed to end discrimination against people with mental health disorders by requiring employers and insurers to provide comparable coverage, or parity, for mental and physical illnesses. Under the bill, plans which cover mental health care would not be able to set higher co-payments or limits on the number of visits to doctors than are applicable to medical care for physical conditions. The bill, like the somewhat different Senate version (S. 558), does not require plans or insurers to offer mental health coverage. Current law is set to expire at the end of the year and only prohibits group health plans and group health insurance issuers from imposing annual and lifetime dollar limits on mental health coverage that are more restrictive than limits imposed on medical and surgical. The law allows state and local plans to opt out of these requirements. Current law allows plans to impose higher cost-sharing and more limits on visits or days of coverage. The House Energy and Commerce Committee and House Ways and Means Committee must also consider the bill. As the House proceeds to consider mental health parity legislation, AFSCME will advocate to close the opt-out loophole for state and local plans and to strengthen mental health parity.
(Linda Bennett- lbennett@afscme.org)

Senate Clears Student Loan Bill After Rejecting Anti-Labor Amendment
A final vote on legislation to expand federal financial aid for college students was delayed by a series of politically motivated votes on unrelated issues. Sen. Jim DeMint (R-SC) offered the so-called "Secret Ballot Protection Act." This legislation would deny workers the right to choose a union by majority card check recognition. The debate on the amendment lasted five minutes after which Sen. Edward Kennedy (D-MA) raised a point of order, requiring 60 votes to overcome. The DeMint amendment failed 42-54. Among the 54 voting against the DeMint amendment were the following Republicans?Sens. Arlen Specter (PA), Susan Collins (ME), Olympia Snowe (ME), George Voinovich (OH), Gordon Smith (OR) and Norm Coleman (MN).

The Higher Education bill (H.R. 2669) was finally approved by the Senate, 78-18. An amendment offered by Sen. Richard Burr (R-NC) and Ben Nelson (D-NE) that would have wiped out $2.4 billion in aid to student borrowers by restoring a portion of the reduced payments to the financial institutions that make the loans failed 36-61. Overall the bill reduced the lender subsidy cuts by $18 billion. The House-passed version of the bill makes slightly larger subsidy cuts. Additionally, Senators approved an amendment offered by Sen. Kennedy that would redirect additional savings to increase the funding for Pell grants for the neediest students from FY 2012 through FY 2017. The Higher Education bill now goes to a House-Senate conference.
(Marge Allen- mallen@afscme.org)

Attachment

AFSCME LEGISLATIVE REPORT
JULY 13, 2007

In this issue:

House Appropriations Committee Passes Labor-HHS-Education Funding Bill for FY 2008- Floor Vote Set for Next Week
Transportation-Housing Spending Bill Approved in House
Commerce-Justice-Science Spending Bill Approved by House Panel
Head Start Readiness Act Approved by Senate
House Passes Legislation Revising Federal Drug Review Process
Student Loan Overhaul Passes the House
Future Trade Deals in Doubt
House Extends Transitional Medicaid Program
Honoring Fallen Military Service Members

House Appropriations Committee Passes Labor-HHS-Education Funding Bill for FY 2008- Floor Vote Set for Next Week
By voice vote on July 11, the full House Appropriations Committee approved its bill to fund the Departments of Labor, Health and Human Services (HHS) and Education for FY 2008. The bill includes a $7 billion, or 4.8 percent, increase in discretionary spending over last year's funding level, and $10.6 billion more than President Bush's budget proposal. It provides for increases for the Child Care and Development Block Grant, Head Start, and the Employment Service, as well as larger increases for K-12 Title I funding and Pell grants.

In an initial victory for health care workers, the committee rejected an amendment to the bill that would have undercut worker protections from potentially fatal airborne hazards. The amendment, offered by Rep. Roger Wicker (R-MS), would have forbid the Occupational Safety and Health Administration (OSHA) from enforcing its requirement that hospitals and other employers annually test the fit of respirators that protect workers who may be exposed to tuberculosis (TB). Properly fitted respirators not only safeguard against TB, but provide some protection against other airborne hazards such as avian flu, SARS, and other biological agents that could be released in a terrorist attack. Since 2003, Republican leaders have inserted a rider in the Labor-HHS-Education bill to block OSHA enforcement of this requirement. The fight to protect health care workers is expected to continue when the full House of Representatives debates the Labor-HHS-Education bill and the anti-health care worker amendment is offered again.

A floor vote on the House Labor-HHS-Education appropriations bill is expected during the week of July 16. The Senate Appropriations Committee has already passed its Labor-HHS-Education appropriations bill, which is expected to go to the floor either later this month or after the August recess. Then, a House-Senate conference committee will iron out differences between the two bills. President Bush has already threatened to veto the final bill and all other appropriations bills that exceed his FY 2008 budget request. GOP leaders are pushing Republicans to oppose the bill in order to show support for the President's veto threat. Therefore, it is imperative that GOP members are urged to vote for the bill.
(Fran Bernstein- fbernstein@afscme.org and Linda Bennett- lbennett@afscme.org)

We Need Your Help!

Call Your Representative today at 1-888-460-0813. Urge him/her to vote for the Labor-HHS-Education spending bill. Tell him/her that it makes needed investments in domestic priorities. Also, urge your Representative to oppose the Wicker amendment because it puts health care workers and first responders at risk of exposure to tuberculosis.

Transportation-Housing Spending Bill Approved in House
The House Committee on Appropriations approved the FY 2008 Transportation-Housing spending bill on July 11 by voice vote. The bill provides $40.2 billion for highway spending, an amount that is $631 million more than the President requested in his budget and a 3.2 percent increase over the FY 2007 level. The bill also provides $9.7 billion for transit programs, $782 million above current 2007 levels. In addition the bill grants a $134 million increase in Capital Investment Grants for commuter rail or other light rail systems to increase public use of mass transit, alleviate traffic congestion and reduce gas consumption. The increase above the President's request for these grants is expected to generate as many as 17,400 new jobs and will provide $1.8 billion in economic benefits to state and local communities.

The housing provisions of the bill provide $2.4 billion for the Public Housing Capital Fund, money that is used for the maintenance and rehabilitation of buildings. This amount is the same as the money provided in FY 2007 but is $415 million above the President's request. The bill also provides $4 billion for Community Development Block Grants, an amount that is $227 million above the FY 2007 level and $963 above the President's request. Finally the bill provides $4.2 billion for the Public Housing Operating Fund for the administration of public housing, including routine maintenance, anti-crime activities and energy costs.
(Cynthia Bradley- cbradley@afscme.org)

Commerce-Justice-Science Spending Bill Approved by House Panel
The House Appropriations Committee approved the FY 2008 spending bill for Commerce, Justice and Science by voice vote on July 12. The measure includes $53.6 billion in discretionary budget authority which is five percent more than President Bush's budget request and six percent more than was approved in fiscal 2007. The bill also includes $234 million in mandatory spending.

In particular, the bill includes $3.2 billion in funding for state and local law enforcement initiatives, which is 10 percent more than FY 2007 and 53 percent more than the president's request. Specific program funding levels include $600 million for Justice Assistance Grants, $725 million for COPS program, $85 million for methamphetamine "hot spots," $375 million for the State Criminal Alien Assistance Program and $205 million for Violence Against Women Assistance grants.
(Jayne Clancy- jclancy@afscme.org and Cynthia Bradley- cbradley@afscme.org)

Head Start for School Readiness Act Approved by Senate
Just before the July 4th recess, the Senate passed the Head Start for School Readiness Act by unanimous consent, which means that there was no roll call vote. The House approved its Head Start bill earlier. Leaders in the House and Senate must now meet to hammer out the differences in their bills.

The Senate bill expands eligibility to Head Start programs for additional low-income children and families (up to 130 percent of the federal poverty guideline) and doubles the Early Head Start set-aside (currently 10 percent; would phase up to 20 percent over five years). The bill strengthens education standards for the Head Start workforce. It would require all Head Start teachers to have an Associate's degree within five years and half of all teachers in each state must have a Bachelor's degree in six years. Furthermore, all Head Start curriculum specialists must have at least a Bachelor's degree in five years and all Head Start assistant teachers would be required to have at least a child development associate credential in five years. The bill would also guarantee worker training and creates a career ladder for every Head Start employee.
(Marge Allen- mallen@afscme.org)

House Passes Legislation Revising Federal Drug Review Process
On Wednesday, the House passed legislation (H.R. 2900) to reauthorize and revamp the process at the Food and Drug Administration (FDA) for reviewing and approving new prescription drugs. The Senate passed its own FDA bill earlier this year. The House bill does not include a provision to create a process for the approval of generic biological drugs, such as insulin, similar to the process that allows for the manufacture of generic chemical drugs. Such a provision would help reduce the burden of costly biological drugs, or biologics, on health plans bargained by AFSCME locals around the country.

While there is not a consensus for addressing biologics in the House, the Senate plans to press for the inclusion of such a provision when House and Senate leaders meet in conference to reconcile the differences between the House and Senate bills.
(Linda Bennett- lbennett@afscme.org)

Student Loan Overhaul Passes the House
By a vote of 273 to 149, the House cleared a major overhaul in student aid programs that provides grants and low interest loans to students. Significantly, the bill cuts $19 billion, over five years, in federal subsidies that go to financial institutions that make student loans. This would include state guaranty agencies that assist students with loans. However, the bill includes provisions advocated by AFSCME that would mitigate the impact of cuts on the state agencies, which employ about 1,000 AFSCME members.

The House bill raises the maximum Pell grant by $500 over the next four years, to a total of $5,200 by 2011. With respect to loans, the bill gradually reduces the interest rate paid by students on federally-backed loans by half, from the current 6.8 percent to 3.4 percent. It also increases the maximum loan amount from $7,500 to $30,500 and limits monthly loan repayments to 15 percent of the borrower's discretionary income. The bill also grants $5,000 in loan forgiveness for teachers, early childhood providers, police, firefighters, prosecutors and other public servants, and a complete release from student loans for public servants after 10 years. It would also provide for complete forgiveness of federal student loans after 20 years for economic hardship.

While President Bush has threatened a veto over the loan-forgiveness provisions, it is widely expected that a broad overhaul of student aid will become law this year. And the Senate is expected to pass similar legislation later this month.
(Marge Allen- mallen@afscme.org)

House Hearing Spotlights Legislation to Improve Mental Health Insurance Coverage
The House Education and Labor's Subcommittee on Health, Employment, Labor and Pensions held a hearing Wednesday on the Paul Wellstone Mental Health and Addiction Equity Act of 2007 (H.R. 1424), bipartisan legislation, introduced by Reps. Patrick Kennedy (D-RI) and Jim Ramstad (R-MN), designed to improve mental health insurance coverage. The goal of this legislation, and a somewhat different Senate version (S. 588), is to end discrimination against people with mental health disorders by requiring employers and insurers to provide comparable coverage, or parity, for mental and physical illnesses. Current law is set to expire at the end of the year and only prohibits group health plans and group health insurance issuers from imposing annual and lifetime dollar limit