AFSCME Legislative Highlights

AFSCME LEGISLATIVE REPORT
September 8, 2006

In this issue:

Social Security Privatization Is Back!!
Hundreds of AFSCME retirees, joined by seniors from other retiree groups, came to Washington, D.C. and held a rally on the steps of the Capitol to kickoff Americans United's "Golden Promise" campaign calling on members of Congress to sign a pledge to protect Social Security and to oppose efforts to privatize it. President McEntee opened that rally by welcoming Senate Democratic Leader Harry Reid, House Democratic Leader Nancy Pelosi and dozens of members of the House and Senate who have pledged to protect Social Security from President Bush's renewed push to privatize the popular retirement, survivorship and disability program.

President Bush and his congressional pro-privatizer allies have recently renewed their calls for the privatization of Social Security. In a speech in June, President Bush referred to his plan to privatize Social Security by saying, "I'm not through talking about the issue. I spent some time today in the Oval Office with the United States senators, and they're not through talking about the issue either." Bush continued by saying, "I'm going to try next year. And if we can't get it done next year, I'm going to try the year after that". Earlier this month, Washington Post columnist Robert Novak reported that President Bush, in a private conversation, is talking about trying to revive his tax and Social Security reform proposals after the 2006 elections. Other Administration leaders including Treasury Secretary Henry M. Paulson and Office of Management and Budget (OMB) chief Josh Bolton, as well as House GOP leaders John Boehner (OH) and Jim McCrery (LA), have made recent statements saying that if the House was still in GOP control next January, the privatization of Social Security would be a top agenda item.
(Marge Allen- mallen@afscme.org)

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Senate May Revisit Estate Tax Repeal
Senate Majority Leader Bill Frist (R-TN) has made it clear he would like to revisit repeal of the estate tax, even though efforts to bring the so-called trifecta bill (H.R. 5970), which cynically links the estate tax repeal to an increase in the minimum wage, failed on August 3, by a vote of 56-42, three votes short of the 60 needed to overcome procedural objections. Nevertheless, Frist has vowed to try again to win approval of the costly $800 billion bill that cuts estate taxes for the wealthiest individuals, benefiting less than one percent of all estates.
(Ed Jayne- ejayne@afscme.org)

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Legislation to be Introduced to Provide Health Care for Ground Zero Workers
This week, Rep. Jerrold Nadler (D-NY) and Sen. Hillary Rodham Clinton (D-NY) announced plans to introduce legislation that would extend the Medicare program to cover those who were injured or made ill due to exposure to contaminants released in the collapse of the World Trade Center in 2001. The bill would provide coverage to those who worked and volunteered in the rescue, recovery and cleanup of Ground Zero, as well as individuals who lived, worked or went to school near the attack area. The collapse of the World Trade Center buildings created a heavy cloud of caustic dust and airborne toxins that included pulverized cement, glass, asbestos, lead and numerous chemicals. Workers, volunteers and residents continued to be exposed to toxic substances for months as the recovery and cleanup activities at Ground Zero constantly stirred them up and caused them to become airborne.

This week, researchers at the Mt. Sinai School of Medicine released a report on medical screenings conducted on nearly 10,000 Ground Zero workers and volunteers. The screenings found that 69 percent of the workers and volunteers suffered new or worsened respiratory symptoms as a result of their work at Ground Zero. The report also highlights the expectation that higher than normal rates of cancers, asbestos-related diseases and other ailments will emerge among these workers in the decades to come.
(Barbara Coufal- bcoufal@afscme.org

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Congressional Hearing and News Program Highlight Plight of 9/11 Workers
At the urging of Rep. Carolyn Maloney (D-NY), a congressional hearing was held on Friday at AFSCME District Council 37 headquarters to explore the health effects of the 9/11 attack on workers.The hearing was conducted by the National Security, Emerging Threats and International Relations Subcommittee of the House Government Reform Committee.

Lee Clarke, DC 37's Director of Safety and Health, also worked with producers of the news program 60 Minutes, on a report about 9/11 workers. The report is scheduled to air this Sunday, September 10.
(Barbara Coufal- bcoufal@afscme.org)

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Bush Makes Recess Appointment of Paul DeCamp to Head Wage and Hour Division
While the Senate was in recess, President Bush appointed Paul DeCamp to head the Wage and Hour Division of the U.S. Labor Department (DOL). The Wage and Hour Division is responsible for enforcing the nation's wage and hour laws, including overtime laws, workplace discrimination laws, and child labor laws. The position, which had been vacant since 2004, had been filled by a deputy acting administrator who resigned in early August. Just prior to leaving for its August recess, the Senate Health, Education, Labor and Pensions Committee had held a confirmation hearing on the DeCamp nomination at which time Sen. Edward M. Kennedy (D-MA) announced he would not support DeCamp because of DeCamp's work on DOL's Gulf Coast initiatives. As a recess appointee, DeCamp will serve without Senate confirmation until the end of the Senate's 2007 session.

In challenging DeCamp, Kennedy focused on DeCamp's work on DOL's efforts in the Gulf Coast after hurricanes Katrina and Wilma. Those efforts, Kennedy said, represented a "fierce indictment" of the Labor Department because of allegations that little has been done to respond to workers' concerns. A recent report by the National Immigration Law Center suggested that employees in the reconstruction effort had been subjected to violations of wage and hour laws and immigrant workers have been especially targeted.

Prior to joining DOL, DeCamp worked as a lawyer in private practice representing Wal-Mart where he opposed class certification of sex discrimination claims that would have included some 1.6 million class members. In addition, DeCamp's written views on the Fair Labor Standards Act (FLSA) include criticisms of the recovery of back overtime pay and advocate FLSA changes to broaden the overtime exemptions.
(Marge Allen- mallen@afscme.org)

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Bush Nominates Pro-Privatization Advocate to Top Transportation Post
President Bush has nominated Mary Peters to replace Norman Mineta as the Secretary of the Department of Transportation (DOT). Peters is a strong advocate of bringing private companies into the construction and operation of roads and highways. She has been an outspoken advocate of public-private partnerships for new transportation projects and is opposed to using gasoline taxes to fund these projects. Peters is a former head of the Arizona Transportation Department and served as the head of the Federal Highway Administration in President Bush's first term. Peters reportedly has strong ties to pro-privatization organizations and is on the advisory board of the Reason Foundation, a conservative research and policy group. As federal highway administrator, Ms. Peters helped push through highway legislation that allows public highways to be turned over to private companies for maintenance and toll collection.
(Cynthia Bradley- cbradley@afscme.org)

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Incomes Stagnate for Most Americans; No Progress in Reducing Poverty
The impact of failed economic policies from the Bush Administration and the Republican leadership in Congress continue to come home to roost. Last week, the Census Bureau released its 2005 Income, Poverty and Health Insurance data, which showed that despite an economic recovery that has been increasing wealth for the richest Americans for the past four years, earnings for full-time workers fell again. And, poverty rose from 11.5 percent to 12.7 percent between 2001 and 2005, with 37 million individuals still living in poverty. Children remain the age group most likely to be poor. In fact, the last decline in poverty was in 2000, the final year of the Clinton presidency. The Census data also show that the number of Americans without health insurance coverage went up to 46.6 million in 2005, and for the first time since 1998, the number of children younger than 18 without coverage increased last year. "Four years into an economic recovery, the country has yet to make progress in reducing poverty, raising the typical family's income, or stemming the rise in the ranks of the uninsured, compared to where we were in the last recession," noted Robert Greenstein, Executive Director of the Center on Budget and Policy Priorities, a Washington, D.C. think tank.
(Fran Bernstein- fbernstein@afscme.org)

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National Governors Association Weighs In on Temporary Assistance for Needy Families (TANF) Regulations
At the end of June, the U.S. Department of Health and Human Services (HHS) issued interim final regulations for the reauthorized Temporary Assistance for Needy Families (TANF) program. The National Governors Association (NGA) submitted comments in late August urging HHS to temper many of the harsher new requirements, particularly those relating to work activities. Specifically, NGA argued that the work documentation required in the current regulations is unduly burdensome for state TANF programs, TANF recipients, employers, and educational institutions. And, the NGA urged HHS to remove the overly-strict limitations on education, rehabilitative and supportive services, job search/job readiness activities, vocational educational training, and on-the-job training, all of which undermine state flexibility in tailoring welfare-to-work strategies. If the TANF requirements are not changed to be more practical and achievable, the NGA foresees more states subjected to financial penalties and increased state costs. The NGA urged the Administration to seek remedial legislation if necessary to provide states the flexibility necessary to achieve the goals of TANF.
(Fran Bernstein- fbernstein@afscme.org)

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National Conference of State Legislatures Supports Increase in the Minimum Wage and Positive Medicaid Policy
At its annual meeting in mid-August, the National Conference of State Legislatures (NSCL) passed a policy resolution supporting an increase in the federal minimum wage to $7.25 per hour, and allowing states to disallow tip credits against an employer's minimum wage obligation. NCSL's lobbyists will now stand with AFSCME and the rest of the labor movement in support of a long-overdue increase in the minimum wage from the current $5.15 per hour. In addition, NCSL's Medicaid Reform Task Force– at AFSCME's urging– added a section in its Medicaid policy on workforce issues for the first time, including the need for increased federal funding to help develop a pipeline of staff for the delivery of long-term care services and work supports to improve staff retention.
(Fran Bernstein- fbernstein@afscme.org)  

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