May 23, 2008

Senate Passes Supplemental Spending Bill

On Thursday, May 22, the Senate passed a slimmed-down version of a supplemental spending bill that would provide funding for war efforts in Iraq and Afghanistan. Before clearing the bill, the Senate removed Iraq policy provisions, including a non-binding provision calling for the withdrawal of troops from Iraq by June 2009.

In a surprise move, the Senate version still includes a number of items that the President did not request. These include about $10 billion in additional discretionary spending, such as an extension of unemployment benefits, expanded veterans’ benefits program. The bill also includes provisions that would the delay the implementation of seven Medicaid rules proposed by the Bush administration.

While the Administration has urged Congress to pass the supplemental before it breaks for the Memorial Day recess on Friday, May 23, 2008, due to concerns from conservative “Blue Dog” Democrats in the House, the House is unlikely to consider the measure until it after it returns from its Memorial Day recess.

On May 20, a group of U.S. House and U.S. Senate members responsible for negotiating the differences between House- and Senate-passed FY 2009 budget resolutions unveiled an agreement on the FY 2008 budget. Despite President Bush's threat to veto any measure that exceeds his budget limit, the “conference report” proposes an additional $21 billion in discretionary spending — excluding funding for overseas deployments and other activities — more than the amount in the President's FY 2009 budget proposal released on February 4.

If approved by the House and Senate, Congress will use the nonbinding resolution as a budget blueprint for the numerous appropriations-funded federal programs, including some programs of the U.S. Departments of Labor, Health and Human Services, and Education. The agreement provides a total of $94.3 billion for education, training, employment and social services — $8.4 billion more than the amount proposed by the President's budget.

“The conference agreement recognizes the importance of investing in strong education and training programs and supporting social services, particularly when the cost of living is rising rapidly and we are building a highly skilled workforce that can compete in the global market place,” the agreement reads.

While it appeared that Congress would soon pass the resolution, House leaders pulled it from the floor schedule on Wednesday, May 21 following a snag in consideration of separate piece of legislation, commonly referred to as “the farm bill.” Due to the development, the Senate delayed further action. Barring a change of plans, Congress is not likely to adopt a final budget resolution until June.

Passage of the FY 2009 budget resolution will signal the end of this year's budget process and the official start of the appropriations process. Soon after the resolution is approved, House and Senate appropriations subcommittees will start their work to “report out” their bills. Then, House and Senate full appropriations committees will consider and approve the various FY 2009 appropriations bills.

Due to the President's veto threat and with the November election looming, Congressional Democrats may delay the process until at least February 2009 — after the next President takes office.

On May 21, President Bush signed into law legislation that would prohibit discrimination by employers based on an individual's genetic information.  The legislation, the Genetic Information Nondiscrimination Act (GINA), also bars insurers from discrimination based on genetic data and also creates a new federal cause of action, similar to claims brought under Title VII of the Civil Rights Act of 1991.

Businesses, however, are concerned about the bill's effects on employer liability.  Employers remain uneasy about the potential for jury trials and damages, the lack of federal preemption of more stringent state laws, and uncertainty over when an employer's acquisition of an individual's genetic information might expose the employer to discrimination claims.

Many of the provisions in the law are drawn from Title VII of the Civil Rights Act of 1991 and other federal employment laws.  Individuals bringing a claim of discrimination based on their genetic information must first file a complaint with the Equal Employment Opportunity Commission.

House Majority Leader, Steny Hoyer (D-MD), on May 20, laid out an ambitious summer House schedule packed with votes on authorization bills and a conference report by

August 1, when Congress goes into recess for the summer and the party conventions.

One of the items on the agenda is amendments to the American with Disabilities Act. (H.R. 3195/S.1881), which was introduced by Majority Leader Hoyer in 2007.  H.R. 3195 would restore the original intent and protections of the Americans with Disabilities Act of 1990, according to its bill sponsors.  Other possible agenda items include legislation to advance mental health parity, to block cuts in Medicare reimbursements to doctors and to address the housing finance crisis.

Democrats hope to have an agreement on the war supplemental bill (H.R. 2642), which has a moratorium on controversial Medicaid regulations and a 13-week extension of unemployment benefits.  It remains unclear whether Democrats plan to move forward with fiscal 2009 appropriations bills, or await the results of November's presidential election.

Democrats also hope to have conference committee agreements before the summer break on legislation reauthorizing the Consumer Product Safety Commission.

 

Under the Supplemental Appropriations Act of  2008, a provision would allow National Telecommunications and Information Administration (NTIA)  to free unused money within the $10 million low-power TV conversion fund to assist vulnerable groups with the switch — particularly those in rural areas, senior citizens and minorities. The funding could be used for grants, contracts or partnerships with nonprofit or public interest groups.   The nationwide transition from analog to digital television will take place on February 17, 2009.

The digital TV amendment was offered by senior appropriators Daniel K. Inouye, (D-HI), and Ted Stevens , (R-AK), who are also chairman and ranking member, respectively, of the Commerce, Science and Transportation Committee.

NTIA officials determined they would not need all $10 million for that purpose and requested permission to use any extra money for consumer education and technical assistance.

To view NTIA and the Department of Commerce's Guide for Preparing for the Digital Television Transition, click here .