Legislation & Politics

Week Ending May 1, 2009

Congress Adopts Obama Budget Plan

Congress celebrated President Obama's first 100 days in office with the adoption of the fiscal year 2010 Budget Resolution, which is mainly based on the Obama budget.  The final plan clears the way for congressional action on health care reform this year, as well as allowing for increased domestic spending called for by Obama. The House adopted the conference report by a vote of 233-193, with no Republican voting for it and 17 Democratic defections. The Senate approved the budget by a 53-43 vote, with no Republican voting for it and four Democrats opposing it: Evan Bayh (IN), Ben Nelson (FL), Robert C. Byrd (WV), and Arlen Specter (PA), the newly minted Democrat. 

The budget agreement includes "reconciliation" instructions, which would set up congressional action on health care reform later this year without needing 60 votes to break an expected filibuster by Senate Republicans.  House and Senate committees with health care jurisdiction have until October 15 to move on reform.  Separate instructions were also provided to make changes in student loans by lessening the role of private lenders in the federal student aid program.  Democrats say they will only use the reconciliation process if bipartisan negotiations break down.  In addition, the agreement allows the House and Senate Appropriations Committees to increase spending for many vital public service programs.  The final agreement reduced the spending increase called for by Obama by about $10 billion, but it still allows for an overall increase in spending for domestic priorities. 

President Obama Calls for $1.5 Billion for Pandemic Influenza; AFSCME Presses for Worker Protections

President Obama has requested that Congress include $1.5 billion in the FY 2009 supplemental appropriations bill to help fight the outbreak of disease in people caused by a new swine flu influenza virus and to prepare for a wider epidemic.  Additional funding is needed to help advance the development of a vaccine.  State budget problems have already led to the lay off of 12,000 public health department employees in 2008, with the same level of attrition expected this year, hampering the ability of localities to rapidly respond to a growing pandemic.  At an emergency hearing of the Senate Appropriations Committee on Tuesday, witnesses called for providing $350 million to the nation's public health systems to continue their pandemic planning work, $12 million to finish stocking state supplies and $563 million to equip health care workers with protective equipment and antiviral medication.  Earlier this year, the Senate had included $870 million for flu preparedness in the economic recovery and stimulus package but the funding was dropped from the final version at the insistence of some moderate Republicans.  

Before the emerging flu was making headlines, on April 16, AFSCME along with the AFL-CIO and other unions, released a union survey of more than 100 health care facilities across the country that reveals that many are not adequately prepared to protect workers' health and safety during an influenza pandemic.  The report, "Health Care Workers In Peril: Preparing to Protect Worker Health and Safety During Pandemic Influenza" found that only 4% of the respondents reported that their facility was "very ready" to respond to a flu pandemic.  AFSCME is calling for the Occupational Safety and Health (OSHA) Administration to take action to protect health care workers and first responders at high risk of exposure to the new flu.  For more information, see AFSCME's webpage at http://www.afscme.org/issues/10114.cfm, the OSHA website at http://www.osha.gov/dsg/topics/pandemicflu/ and the federal website at http://www.pandemicflu.gov/.

Long Time Republican Specter Switches to Become a Democrat

Pennsylvania Senator Arlen Specter surprised practically everyone when he announced a change in party affiliation abandoning the Republican Party after 28 years in the Senate and joining Senate Democrats.  Specter told party leaders he will now caucus with the Democrats and run for reelection in November 2010 as a Democrat.  Specter's defection swells the Democratic Party ranks in the Senate to 59, which would become 60 when Al Franken is swore in as the senator from Minnesota once defeated Republican Norm Coleman exhausts his judicial appeals. 

Specter is expected to remain a member of the Senate Appropriations Committee where he had been the ranking Republican member of the Appropriations Subcommittee on Labor, Health and Human Services (HHS), and Education.  He will also remain on the Senate Judiciary Committee, where he could become the most senior Democrat after Chairman Patrick Leahy (D-VT).  Specter also serves on the Environment and Public Works Committee, Veterans Affairs Committee and the Special Aging Committee. 

In making his announcement Specter said, "The prospects for winning a Republican primary are bleak," as he criticized the Republican Party for abandoning moderates.  Specter stressed that he plans to maintain his independence, saying "One item that I want to emphasize is that I will not be changing my own personal independence" and "I will not be an automatic 60th vote." 

Senate Confirms Sebelius as Health and Human Services Secretary

At long last, the Senate voted 65-31 this week to confirm Kansas Governor Kathleen Sebelius as Secretary of Health and Human Services, filling the last remaining vacancy in President Obama's Cabinet.  The only significant objection to her nomination was over her recent veto of a bill passed by the Kansas Legislature that would have imposed new restrictions on abortion providers.  Sebelius already has a lot on her plate, including helping lead the federal response to the growing swine flu epidemic, and the rapidly-moving health care reform efforts in Congress. 

Obama Nominates Labor Friendly Attorneys to NLRB

On April 24th, President Obama nominated Craig Becker and Mark Pearce to fill vacancies at the National Labor Relations Board (NLRB).  AFSCME supports both nominees and will work to ensure speedy confirmations.  Becker served as Associate General Counsel for SEIU and the AFL-CIO.  Pearce is the founding partner of Creighton, Pearce, Johnsen & Giroux, a union-friendly labor and employment law firm in Buffalo, New York.  Both are dedicated advocates who will work hard to ensure workers rights are well represented at the NLRB. 

Additional Guidance and Report Available on Implementation of the Economic Recovery Bill

As state and local governments continue to receive federal funds from the American Recovery and Reinvestment Act (ARRA), federal agencies have released guidance and a report on progress so far.  To view the Government Accountability Office's (GAO) report on ARRA and the states, click on: Summary Report (40+ pp.) http://www.gao.gov/new.items/d09631t.pdf; Full Report (300+ pp.):
http://www.gao.gov/new.items/d09580.pdf.
 
The Department of Health and Human Services has released additional information on the restored federal incentive payments to states for their child support enforcement programs.  To view, click on: http://www.acf.hhs.gov/programs/cse/pol/AT/2009/at-09-02.htm.
 
The Centers for Medicare and Medicaid Services updated its Q&As for ARRA Medicaid Federal Medical Assistance Percentage (FMAP) guidance.  The guidance is available at: http://www.cms.hhs.gov/iga/downloads/arrafmapfactsheet.pdf. 

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