AFSCME LEGISLATIVE REPORT September 12, 2008

[Omaha Steve]

September 12, 2008

In this issue:

* House Working on Second Economic Recovery Package
* Legislation Providing Extended Unemployment Benefits Introduced
* 9/11 Bill Advances in the House
* Bush Administration/Senate Republicans Pull an About-Face on Highway Trust Fund Bill
* Senate Committee Adopts Bills Requiring Background Checks for Prospective Long-Term Care Workers
* AFSCME/OCSEA Call for Hatch Act Reform
* Senate Passes Bill to Protect Reach of Americans with Disabilities Act
* Senate Committee Approves Child Welfare Bill
* Report Exposes Lax Fair Pay Enforcement by Administration

House Working on Second Economic Recovery Package
House Democratic leadership has announced they are developing a second stimulus package to respond to the worsening economy. The legislation is expected to include a range of relief for working families, communities and cash-strapped states. AFSCME has been a leading voice in calling for Congress to quickly pass a second stimulus that includes relief to states struggling to maintain vital public services as revenues decline. Along with other advocates, AFSCME organized a letter from 470 national, state and local organizations calling for Congress to provide states with fiscal relief through additional federal support to respond to rising Medicaid costs. Such an action would be effective economic stimulus, help stabilize state budgets and protect the health of millions of Americans. AFSCME is also lobbying for restoration of federal funding for states’ child support enforcement programs and extension of unemployment insurance payments to be included in a stimulus bill.

Urge Congress to Pass a Second Stimulus
Please call the Capitol Switchboard at 1-888-460-0813 and ask to speak to your Senators and Representative. Tell them they must act to help working families and communities that are hurting because of the worsening economy. Urge Congress to pass a second stimulus - before adjourning - that will maintain needed public services and help working families. Urge your Representative to cosponsor H.R. 5628 and your Senators to cosponsor S. 2819.
(Linda Bennett- [e-mail])

Legislation Providing Extended Unemployment Benefits Introduced
Responding to the surging unemployment rate, House Ways and Means Committee Chairman Charles Rangel (D-NY) introduced legislation (H.R. 6867) that would give an additional seven weeks of unemployment benefits to jobless Americans who have exhausted their unemployment benefits. The provisions of the bill are likely to be included in the economic stimulus package that the House expects to consider in the coming week.

Legislation enacted earlier this year provided workers who have exhausted their 26 weeks of state unemployment benefits another 13 weeks of federal extended benefits. The Rangel bill would increase the number of extended benefit weeks under the federal program to 20 weeks. In states with a high unemployment rate – defined as 6% or more – workers would be eligible for another 13 weeks of benefits for a total of 33 weeks of extended federal benefits. Without enactment of this extension, 800,000 people will exhaust their unemployment benefits by October.
(Nanine Meiklejohn- [e-mail])

9/11 Bill Advances in the House
This week marks the seventh anniversary of the 9/11 attacks. AFSCME has been working with Congress on a bill (H.R. 3543) to authorize a screening, treatment, and re-opened compensation fund for the workers who risked their lives in the rescue and clean-up effort. Thousands of AFSCME members and others participated in this heroic effort. The bill also covers area residents who were exposed to the toxins from the fires and collapsed buildings. The bill currently has over 100 cosponsors, has been discussed in hearings before House committees, and is moving toward a committee vote. We encourage you to contact your members of Congress to urge them to cosponsor H.R. 3543.
(Becky Levin- [e-mail])

Bush Administration/Senate Republicans Pull an About-Face on Highway Trust Fund Bill
After months of stonewalling on an important bill to continue federal highway funds flowing to states, the Bush Administration and Senate Republicans finally stepped aside and allowed the bill to pass, by voice vote, on September 10th. The House approved the legislation in July and adopted the slightly modified Senate version on September 11th by a vote of 376-29. The legislation (H.R. 6532) would transfer $8 billion from the federal government’s general fund to the Highway Trust Fund (HTF), which was heading for a zero balance in just days. After the President signs the bill, HTF’s ability to finance and maintain the nation’s infrastructure projects will be restored, badly needed road and transit projects will move forward, and thousands of jobs will be created.
(Cynthia Bradley- [e-mail])

Senate Committee Adopts Bills Requiring Background Checks for Prospective Long-Term Care Workers
A Senate committee approved legislation (S. 1577) which requires all states to screen the criminal background history of prospective long-term care workers. States would be required to establish what information from the background check would disqualify the hiring of these workers. The bill included AFSCME-supported language to require that states provide an independent appeals process in which affected workers could dispute information obtained in the background check. The appeals process must allow for consideration of the passage of time, extenuating circumstances, demonstration of rehabilitation, and relevancy of the particular disqualifying information with respect to the current employment. The committee also approved a bill (S. 1070) which would require nursing home workers to report criminal abuse or neglect occurring in their facility. Workers who fail to report such criminal activity to law enforcement agencies could be fined up to $300,000. Nursing home employers would be prohibited from retaliating against employees who do report such criminal activity.
(Linda Bennett- [e-mail])

AFSCME/OCSEA Call for Hatch Act Reform
Sandra Bell, General Counsel for the Ohio Civil Service Employees Association (OCSEA), testified before Congress on September 11th. She urged the members of the House Committee on Oversight and Government Reform to modify the antiquated Hatch Act and allow state and local government employees to run for partisan office. For too long, public employees have been unfairly and undemocratically denied this right. Chairman Danny Davis (D-IL) stated “now is the time to rework the Hatch Act.” AFSCME and OCSEA will work with Congress to achieve reform and fight to remove current prohibitions against candidacy and engaging in other political activities.
(Andrea Zuniga DiBitetto- [e-mail])

Senate Passes Bill to Protect Reach of Americans with Disabilities Act
On September 11th, the Senate passed legislation by voice vote restoring Congress’ original intent in the Americans with Disabilities Act (ADA) of 1990. The bill overturns recent U.S. Supreme Court decisions that have reduced protections for people with certain disabilities – including diabetes, epilepsy, heart disease, mental disabilities and cancer – who were originally intended to be covered by the ADA. The ADA prohibits discrimination against Americans with physical and mental disabilities in such areas as employment, public accommodations and transportation. The House passed its version of the bill overwhelmingly (402-17) on June 25th and is scheduled to adopt the Senate’s version next week. President Bush is expected to sign it.
(Cynthia Bradley- [e-mail])

Senate Committee Approves Child Welfare Bill
On Wednesday, the Senate Finance Committee passed legislation (S. 3038) that would increase adoption incentives to states, allow states to receive federal reimbursement for assistance payments made to relative guardians, and move towards federally-funded adoption assistance for all special needs children in foster care regardless of family income. The House unanimously passed a similar measure (H.R. 6307) in June. The bill is now expected to be reintroduced in both the House and Senate under a new bill number and, if taken up, will be pushed through via unanimous consent. It would then go to the President for his signature before the end of this Congress.
(Fran Bernstein- [e-mail])

Report Exposes Lax Fair Pay Enforcement by Administration
The Government Accountability Office (GAO) recently released a report charging the Bush Administration with severely lax enforcement of federal laws that prohibit sex discrimination in pay practices. GAO found that the Equal Employment Opportunity Commission and the Labor Department’s Office of Federal Contract Compliance programs fail to adequately monitor equal pay laws including the Equal Pay Act, Title VII of the 1964 Civil Rights Act and Executive Order 11246. Legislation to correct pay inequities has faced staunch Republican opposition in Congress.
(Cynthia Bradley- [e-mail])


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