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Legislation Department
September 29, 2000

Little Action On Spending Bills

Acknowledging they haven't even come close to finishing the work of passing new spending bills before the October 1 start of the new fiscal year, Congress approved a stop-gap funding bill, known as a Continuing Resolution (CR), that will keep the government operating until October 6. So far, Congress has passed only 2 of the 13 regular spending bills. The CR gives Congress more time to finish their work and avoid a repeat of a government shutdown, but it means a delay in adjournment, postponing when members will be able to go home to campaign for reelection. While action on some spending bills is underway, little discussion has taken place on the huge Labor, Health and Human Service (HHS) and Education bill that funds many state and local government programs. Leaders have indicated a willingness to add back several billion dollars in additional spending to offset the domestic spending cuts that GOP leaders had originally called for. The new spending comes in the face of an Office of Management and Budget (OMB) announcement of an increase in its estimate of the FY 2000 budget surplus. An additional $19 billion has been added for a new total of $230 billion. The new surplus money should pave the way for agreement on the spending bills but it also increases GOP hopes for a new tax cut for the wealthy.

Democratic Leaders Hang Tough: Hastert's Minimum Wage Proposal Is No Good

House Speaker Dennis Hastert (R-IL) received a letter from Senate Democratic Leader Tom Daschle (D-SD), House Democratic Leader Richard Gephardt (D-MO), House Democratic Whip, David Bonior (D-MI), Senator Edward Kennedy (D-MA) and other members of the House and Senate Democratic leadership, telling him that they would be willing to negotiate a bipartisan tax cut and minimum wage bill, but oppose many provisions contained in the Hastert proposal.

The letter stated that, "we support repeal of the 0.2 percent FUTA tax, but only if it is coupled with unemployment insurance reform." The letter also noted Democrats' concerns about the proposals to amend the Fair Labor Standards Act (FLSA). The letter clearly stated that "it is not fair to raise the minimum wage, while at the same time taking away overtime protections for millions of hard-working Americans." Furthermore, Daschle told reporters that there was "no-way" Democrats will accept a minimum wage package that includes proposals that would exempt certain computer and sales employees from the FLSA's overtime provisions. This is an "attempt to destroy the 40-hour work week," Daschle said.

Needlestick Bill Set To Come To Floor

The Needlestick Prevention Act (H.R. 5178), introduced by Reps. Cass Ballenger (R-NC) and Major Owens (D-NY), is tentatively scheduled for consideration on Monday or Tuesday of next week. It is being placed on the suspension calendar, which is reserved for non-controversial bills. This means that it cannot be amended, but passage requires a two-thirds vote of approval.

House Passes Violence Against Women Act

Ending months of delay, the House voted overwhelmingly, 415-3, on September 26 to reauthorize the Violence Against Women Act (VAWA), a landmark 1994 law that has been widely praised as a leading weapon in the campaign against domestic violence. The bill (H.R 1248) provides $3.6 billion to fund the law for another five years. The Senate is expected to bring the bill up for a vote this year, although the Republican leadership in the Senate has consistently stalled, tying the bill to totally unrelated legislation.

The Act has helped to create a national toll-free hot line for victims of violence. It funds special police units focused on sex crimes and domestic violence shelters and services, rape crisis centers and training on violence against women issues for police officers, judges, and prosecutors. It also provides civil and legal assistance grants so women can obtain restraining orders and other legal remedies.

Health Care Providers Give-Back Bill Progresses

The House Commerce Committee approved a $21 billion package of give-backs of health care providers, including managed care plans, home health care agencies, hospitals which serve a disproportionate share of low-income beneficiaries and therapy services. The Ways and Means Committee will consider a bill next which will authorize give-backs for hospitals and skilled nursing facilities.

Impact Of The Mentally Ill On Justice System

At the request of Representative Ted Strickland (D-OH), the House Judiciary Committee, Subcommittee on Crime held a hearing on the impact the mentally ill have on the criminal justice system. The focus of Strickland's testimony centered on his bill (H.R. 2594) America's Law Enforcement and Mental Health Project, which sets up mental health diversion courts to usher the mentally ill into treatment instead of prison. AFSCME submitted testimony emphasizing the behavioral problems the mentally ill present to correctional officers. AFSCME pointed out that while correctional officers are spending an inordinate amount of their time monitoring the mentally ill, the general prison population tries to take advantage by breaching security.

S. 1865: Mental Health Diversion Courts Passes In Senate

On the Senate side, the companion bill to H.R. 2594, America's Law Enforcement and Mental Health Project, passed by unanimous consent on September 27, 2000. The bill authorizes the Attorney General to make grants to States, state courts, local courts and units of local government to provide for programs that divert the mentally ill from prisons and into treatment. These programs provide continuing judicial supervision, coordination of service delivery and training of law enforcement and judicial personnel to identify and address the unique needs of a mentally ill or mentally retarded offender.

Senate Debates Immigration Bill

The Senate spent several days debating legislation (S. 2045), which would increase the number of visas for foreign high-tech workers from its current 115,000 to over 250,000 annually for the next three years. Democrats are angry that they have not been able to amend the bill to fix what they claim is its fundamental unfairness. Democrats want to offer an amendment that would grant amnesty to immigrants who have lived in the United States since 1986, even if they arrived illegally. That would make it easier for many immigrants to become permanent residents. AFSCME and other unions oppose raising the number of visas for high-tech workers. At a minimum, AFSCME supports raising the visa application fee H-1B visa legislation so as to create a greater disincentive for employers to ignore qualified U.S. workers and hire foreign workers instead and expanding the training component of the current H-1B program. Money from fees should be used to educate, train and upgrade the skills of U.S. workers. Additionally, the legislation should target any increase in visas to those highly trained and educated workers purported by the high tech industry to be scarce in the domestic work force.

Housing Budget Still Not Resolved

Negotiators trying to reach agreement on a spending bill for veterans and housing programs remained stalled on how much money the bill should include in rent subsidies for low-income families. HUD Secretary Andrew Cuomo said that the spending bill must take steps to ease a critical shortage of affordable housing by financing new rental assistance vouchers and new housing. President Clinton has proposed $66 million to help build 10,000 new units of affordable housing and $690 million for 120,000 new vouchers.

DC General Hospital Gets A Break In The Senate

The Senate has approved a FY 2001 District of Columbia spending bill that will enable the District government to use its own funds to implement a plan to save the ailing D.C. General Hospital. An earlier version of the bill would have prevented the District from bailing the Hospital out of its financial crisis, by not allowing the District to transfer money to the Hospital. The Senate amended the original bill by allowing the District to continue to assist the Hospital. The House and Senate will now have to negotiate a final bill.