TWICOCT19

The House scheduled consideration of a bill aimed at amending the 1976 law governing electronic surveillance, but the bill was pulled from the floor in anticipation of a presidential veto.

The bill follows July legislation that was passed by the House and Senate in favor of the President's assertions that more authority and flexibility in using the program is necessary at the Executive Branch level. The provisions in the July bill that govern court oversight and who can be subject to surveillance allowed for electronic intrusions into the communications of persons within the US without a warrant. HR 3773 allowed for such surveillance but required a court order.

The bill also offered no freedom from legal liability for phone companies that provided, after 9-11, telecommunications information on US citizens to the administration without a court order. Various lawsuits are pending. Media has reported that the President threatened to veto the bill unless the phone companies were relieved of any liability in those suits and that the House Leadership complied with that request.

The House may return to the bill next week.

{HR 3773}

SCHIP VETO OVERRIDE FAILS IN THE HOUSE

Photo: Ken Hammond

The House failed to override, 273 to 156, the President's veto of the SCHIP bill. To succeed, the override required two thirds of the House or 289 votes.

The bill, a Senate / House compromise would spend $60 billion over five years to add 4.4 million children to the current 6.6 million covered by the government program that helps low-income families purchase health insurance for their children. The current funding is $35 billion. The President vetoed the bill and suggested a $5 billion increase.

Summary and High Lights of the final bill HR 976

HOUSE PROPOSES MORE DETAILED REASONS FOR COMPELLING A JOURNALIST TO TESTIFY IN COURT

The House expanded current law governing first amendment rights when a court must decide to compel a journalist to testify. The need for the bill is based on the conclusion that individuals who might come forth with important information may not do so if they believe their identities will not be kept secret.

The legislation requires, among other things, that when a journalist is questioned under oath the questioning may not be "overbroad, unreasonable or oppressive and should be limited to the purpose of verifying published information or describing surrounding circumstances relevant to the accuracy of the information that was originally published."

The bill allows the court to determine, where a source's identity might be revealed, to weigh the public interest and national security against protecting the journalist's First Amendment rights.

{HR 2102}

SENATE COMPLETES COMMERCE, JUSTICE & SCIENCE APPROPRIATIONS, MOVE TO LABOR, HEALTH AND HUMAN SERVICES

The Senate completed amending the $54 billion Commerce, Justice and Science spending bill after defeating a motion to commit the bill and reduce funding at just over $51 billion, an amount equal to the President's request. the motion to commit failed 44 to 50. The bill passed 75 to 19.

The Senate then took up the Labor, HHS bill that provides for the Departments of Labor, Education and Health and Human Services.

Spending for Health is the largest element in the bill that includes funding for Medicare and Medicaid and the Social Security Administration. Grants are provided to States that want to develop the 'three share' approach to insuring more Americans through cooperation between Federal State and private companies. The effort aims to subsidize high-risk patients through insurance pools, benefit packages for small employers, and strategies to cover low-income adults without children and the disabled. Funds are increased for children's dental care and biomedical research with emphasis on studying obesity, diabetes, learning disorders, birth defects and asthma. Funds may not be spent for abortion unless in the incidence of rape, incest or threat to the mother's health. No funds may be spent on the creation of a human embryo for research.

Education provisions provide a 'full scale assault' on math, science, technology and reading needs to better prepare American students to deal with the global economy and employment market. Recognizing that productivity has risen 17% and wages have remained flat, the bill moves funds to training and employment-related education.

The Senate has provided an amendment to the bill that would remove language regarding funding of stem cell research. The White House threatened to veto the bill if the provision remained.

{HR 3093 (Commerce, Justice, Science) with amendments and votes}

[HR 3043 bill report}

Bills Fund for Postpartum, ALS & Paralysis Research; Children's Vision Needs and Restrictions on Cough Syrup.

Postpartum Depression

Research into understanding the causes and treatments of the disorder affecting 400,000 women yearly.

HR 20

Low Gehrig's Disease

A Registry is established to collect, analyze and disseminate information on the paralyzing neurological disease.

HR 2295

Children's Vision Care

The bill would provide comprehensive eye examinations by a licensed optometrist or ophthalmologist for children under the age of nine in particular who have been referred by a licensed doctor or vision screener.

HR 507

Cough Syrup Regulated

The possession of Dextromethorphan, a common ingredient in cough suppressant medicine is restricted only to those authorized.

HR 970