AFSCME Legislative Report

September 23, 2005

AFSCME LEGISLATIVE REPORT

Congress — Week ending September 23

Social Security privatization on life support. Senate Judiciary Committee approves John Roberts as Supreme Court Chief Justice. Hurricane Katrina relief bills moving in Congress.

In this issue:

Major Contracting Out Victory

Working with Sen. Tom Harkin (D-IA), AFSCME scored a major victory when the Senate added language to the FY 2006 Agriculture Appropriations bill to prohibit states from turning over the operation of their food stamp program to private contractors. Texas and Indiana currently are moving to privatize this important program of assistance to the needy. The Harkin amendment, which was co-sponsored by Sen. Arlen Specter (R-PA), was approved on a voice vote. AFSCME was instrumental in securing Sen. Specter's support. The legislation now goes to a conference committee with a House-passed bill where we will be working to keep it in the final bill that is sent to the White House.

Bush Dealt a Major Setback: Social Security Privatization is on Life Support

With every passing day, it becomes more and more likely that Bush's top domestic priority — privatizing Social Security — is going to go down in defeat. It appears that any plan to privatize Social Security lacks sufficient votes in the Senate and now in the House. This week Rep. Gerald Weller (R-IL), a member of the Ways and Means Committee that must act on privatization legislation before it can go to the House floor, announced that he will oppose legislation that would use the Social Security surplus to establish personal accounts for workers. It had been widely expected that if any Social Security legislation moved through that committee and to the floor this year, it would include a version of the McCrery-Shaw bill which uses the surplus to establish private accounts. Weller's opposition is significant because Weller is the first Republican member of the Ways and Means Committee to come out against this GOP leadership-backed bill. Last week, Rep. Tom Reynolds (R-NY), Chairman of the Republican Congressional Campaign Committee and whose job it is to keep the GOP House majority in the 2006 elections, had predicted that the House would not vote on any legislation to privatize Social Security.

It has been clear for many months that the Senate Finance Committee lacked the votes to approve any privatization bill. Therefore, the only strategy for moving a privatization bill forward in this Congress was to have the House act first and then send a bill to the Senate, where it could go directly to the floor for consideration. With the possibility of action in the House rapidly declining, it is a distinct possibility that we will not see a privatization bill passed in this Congress. And if Social Security privatization does die in this Congress, it will be because the American people rejected it. It will not be because the Administration messed up its response to Hurricane Katrina or that gas prices have gone through the roof or that wages have hit the floor. It will be because the more that the American public heard about what privatizing Social Security would mean for them, the more they rejected it. And it means that the opponents of privatizing Social Security, led by AFSCME, succeeded in making the American public understand how much they had to lose if Social Security were privatized.

Senate Judiciary Committee Approves John Roberts as Chief Justice

Judge John G. Roberts is one step closer to being the Chief Justice of the U.S. Supreme Court, the highest ranking judge in the country. The Senate Judiciary Committee voted 13 to 5 to approve Judge Roberts' nomination and send the matter to the full Senate where a vote is expected the week of September 26.

AFSCME announced opposition to confirming Judge Roberts based primarily on his anti-civil rights and anti-worker record. As a lawyer in private practice, Roberts sided with the rich and powerful against workers. He also worked to dismantle the civil rights gains of the 1960s and '70s. During the confirmation hearings, Judge Roberts refused to answer questions related to equal justice for women, minorities and the right to privacy. Although he insisted he was merely representing the views of the Reagan Administration, he refused to put any distance between that Administration's policies and his own personal views. Finally, the Bush Administration has resisted releasing important documents that would provide further insight into Judge Roberts' record when he worked for the Reagan and Bush, Sr. administrations.

Short-Term Katrina Tax Bill — Passed in the House and Senate

The House and Senate passed a package of tax incentives (H.R. 3768) intended to provide victims of Hurricane Katrina with cash, housing, and employment benefits. Included in the bill is a Katrina Disaster Employee Retention Credit that would provide a 40 percent tax credit for up to $6,000 in wages paid before the end of the year by employers whose businesses are located in the disaster area, and an extension of the Work Opportunity Tax Credit to employers who hire displaced workers. Also included is a provision which would provide to those who house dislocated evacuees rent-free with a $500 deduction per evacuee, capped at $2,000. The Joint Committee on Taxation estimates that the final bill will cost $6.11 billion over 10 years.

House Conservatives Offer $500 Billion Plan to Pay for Katrina

The House Republican Study Committee, made up of the House's fiscal conservatives, outlined a detailed plan of budget cuts that would pay for the Katrina relief proposals. They want to postpone the Medicare prescription drug benefit for a year, cut the Medicaid program by $50 billion over five years, reduce health and education benefits for the military and cut federal retirees' health care. Not included in the package is any discussion of rolling back the Bush tax cuts.

Unemployment Benefits for Hurricane Victims Moving Through Congress

The Senate is preparing to vote on legislation that would provide unemployed workers from Louisiana, Mississippi and Alabama an additional 13 weeks of benefits for a total of 39 weeks of benefits. In addition, a Senate committee also has approved a Disaster Unemployment Assistance (DUA) program that will provide 39 weeks of unemployment assistance to certain individuals who are not eligible to collect regular unemployment benefits and extend the deadline for filing for benefits from 30 to 90 days. The legislation also raises the minimum DUA benefit by a small amount. While both actions are encouraging, we, along with the AFL-CIO, had been urging approval of 52 weeks of benefits and a higher minimum benefit because the unemployment benefits in these states are the lowest in the nation.

Meanwhile, negotiations in the House of Representatives over an extension of regular unemployment benefits centered around a 26-week extension, for a total of 52 weeks of benefits, increasing the benefit amount, and providing increased administrative funds for the increased number of claims. While it had been our hope to have the bill on the House floor this week, it appears that the House leadership may be resisting moving forward. There is some concern that a growing backlash over Katrina-related spending could complicate adoption of the proposal. In addition, there has been no action on Disaster Unemployment Assistance in the House.

Improved Communication for First Responders

The Senate Homeland Security and Government Affairs Committee on September 22nd approved an array of Hurricane Katrina-related bills, including legislation that would provide grants for "interoperable" communications equipment to be used by first responders. Just last week, similar legislation that was included as an amendment by Sen. Debbie Stabenow (D-MI) to the Senate Commerce, Justice State spending bill, was rejected. Both the 9/11 terrorist attack in New York and Hurricane Katrina highlighted the need for improved communications between first responders.

House Approves Head Start Bill After Removing Nondiscrimination Protections

On Thursday, the House approved a bill (H.R. 2123) reauthorizing the Head Start program by a vote of 231 to 184. During the debate, an amendment offered by Reps. Charles Boustany, Jr. (R-LA) and John Boehner (R-OH) to strip civil rights protections from the bill was approved by a vote of 220-196. Under the amendment, faith-based organizations that receive a federal grant to operate a Head Start program would be allowed to engage in religious discrimination when hiring Head Start teachers and other employees. As a result, workers could be excluded from taxpayer-funded Head Start jobs because of the religion they practice. The Boustany-Boehner amendment was agreed to largely along party lines with nine Republicans joining all but 10 Democrats in opposing the amendment.

On a more positive note, AFSCME worked with children advocates to defeat an amendment offered by Rep. Marilyn Musgrave (R-CO) that would have allowed for-profit entities to convert a part of their Head Start grant into profit. The effect of the amendment would have been to encourage for-profit entities to compete for Head Start grants and to reduce the funds that would otherwise be used to serve Head Start children.

Early Education Disaster Relief Bill Moving to the Senate Floor

A bill offered by Sens. Edward M. Kennedy (D-MA) and Michael Enzi (R-WY) to provide education disaster relief has passed out of the HELP Committee. The Kennedy-Enzi bill provides Hurricane relief that authorizes an additional $112 million for CCDBG and $45 million for Head Start as well as some increased flexibility for states and Head Start grantees. The bill is moving to the Senate floor this week. Currently, the House does not have a counterpart to the Kennedy-Enzi bill. This could also be delayed because of Hurricane Rita.

The Senate Finance Committee may consider a second Katrina bill that might include additional child care dollars.

Education Relief Package May Include Federal Money for Private Schools

The Senate is faced with competing education aid packages. One, by Sens. Kennedy and Enzi, chairman of the Health, Education, Labor and Pensions (HELP) Committee, would not explicitly provide money to private schools to educate public school students displaced by Katrina. The other, by the Bush Administration, would provide grants of up to $7,500 per child to families, through states, to send students to private schools. The grants would go to families with limited incomes. AFSCME has concerns that the private school plan is a way to introduce school vouchers.

Sen. Mary Landrieu (D-LA) has offered her own bill with Sen. David Vitter (R-LA) to provide $4,000 per student to any school, public or private, that takes in displaced schoolchildren. Also Thursday, the Senate passed by voice vote a bill (S. 1764), sponsored by Sen. Kay Bailey Hutchison (R-TX), to allow the Federal Emergency Management Agency (FEMA) to pay for extra school supplies and new teachers in school systems that have taken in students evacuated because of Katrina.

Intergovernmental Relations — Update

The following is a periodic report on the activities of state and local government interest groups and other advocacy organizations.

  • Governors Support Bipartisan Disaster Relief Medicaid Bill — Adding to widespread support for health care coverage for Hurricane Katrina victims, the National Governors Association (NGA) sent a letter to Sens. Charles Grassley (R-IA)and Max Baucus (D-MT) in support of their disaster relief Medicaid bill. The Emergency Health Care Relief Act of 2005 (S. 1716) would provide 100 percent federal funding for Medicaid coverage for low-income Katrina survivors, as well as retain the current higher federal matching rate to ease the financial burden on states. The bill is expected to be considered by the Senate early next week.

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