May 16, 2005

 
This Week on the Hill

SENATE. The Senate is scheduled to resume debate on the $295 billion surface transportation reauthorization bill (H.R. 3), and a final vote on the measure is scheduled for tomorrow.  On Friday, May 13, the chamber voted 92-7 to invoke cloture on the reauthorization bill.   There are numerous amendments to be considered,  including one to lower the bill's funding level to the $284 ceiling set by the Administration.  Other amendments include incentive grants to states to pass graduated licensing laws for teenage drivers, with sanctions for those states in non-compliance; develop a new program within the U.S. Department of Transportation to encourage the use of bike-riding in place of motor vehicles; limit the size of interstate trucks; strike a new program in the bill that bases some of a state's safety grants on their enactment of primary seat belt laws; and give transit riders with employer-subsidized fares the same level of benefits as employees who commute by car. The chamber may also consider a non-binding "sense of the Senate" amendment by Senator John McCain stating that the bill should not include earmarks.   Another temporary extension could be in the works as it does not appear that a House-Senate conference will have sufficient time to reach agreement on legislation before the current extension expires on May 31.  The chamber will also focus on the confirmation of judicial nominees and the filibuster rule this week.

HOUSE. Consideration of the $31.9 billion Homeland Security fiscal year (FY) 2006 appropriations bill (H.R. 2360) and the $26.2 billion Interior/Environment FY 2006 appropriations bill (H.R. 2361) will occur this week.   In addition, the House Appropriations Committee is scheduled to mark-up the FY 2006 spending bills for Military Quality of Life/Veterans and Energy/Water, and the Subcommittee on Agriculture, Rural Development and the FDA, will mark-up its FY 2006 spending bill.

COMMITTEE MARKUPS.  Senate committee markups include the comprehensive energy bill and the Workforce Investment Act scheduled for Tuesday, May 17, Wednesday, May 18 and Thursday, May 19.   Bipartisan agreements have been reached on seven titles of the energy bill.  The Senate Health, Education, Labor, and Pensions Committee will markup the Workforce Investment Act (S.1021) on Wednesday afternoon.   A key issue concerns improvements to WIA to provide states with greater flexibility to coordinate and improve services for participants in one-stop career centers.

 


 

BRAC

On Friday, May 13, the fifth round of BRAC officially began when Defense Secretary Donald Rumsfeld delivered his department’s recommendations to the BRAC Commission. States will now evaluate the recommendations and prepare for BRAC commissioners to visit targeted bases. The commission has until September 8 to forward its report on the recommendations to the president who will then have until September 23 to accept or reject the recommendations in their entirety. If accepted, Congress will have 45 legislative days to reject the recommendations in their entirety, or they will become binding on the department. In prior BRAC rounds, the BRAC Commission affirmed approximately 85 percent of the bases that appeared on recommended closure and realignment lists.

In Nevada, according the the list, Nellis Air Force Base would gain close to 1,400 military and civilian workers while Hawthorne Army Depot is on the list as one of the closures.  The Air Guard Station at Reno-Tahoe International Airport was listed as a realignment; DoD is recommending the transfer of eight C-130-H aircraft  to Little Rock Air Force Base in Arkansas.  Fallon Air Station was also listed as a realignment base and is expected to lose seven people.

The Commission is scheduled to meet through this week to discuss the list recommendations as released on Friday, May 13.  A website has been set up to provide further information to all interested parties.  www.brac.gov

 


 

First Responder Grants Legislation Passes House

The House passed the Faster and Smarter Funding for First Responder Act of 2005 (H.R. 1544) by a vote of 409 to 10. The bill will give each state at least .25 percent of the First Responder grant funds available and a first responder grant board will help prioritize grant application based on threat, vulnerability, and consequences of a terrorist attack. States must prioritize spending among their jurisdiction based on risk.  An amendment offered by Rep. Anthony Weiner (D-N.Y.) to limit the number of Urban Area Security Initiative grants during any given fiscal year was defeated by a vote of 88 to 331. Earlier this month, the Senate Homeland Security and Governmental Affairs Committee passed their version (S. 21) of first responder grant funding, which would guarantee each state a minimum of .55 percent. This measure has not been scheduled for a vote in the Senate.  Also included in the bill is a provision to  instruct the Department of Homeland Security to consider a state's tourist count, a provision that Rep. Cox included at the request of members from the Nevada delegation.

 


 

House Passes Legislation to Curb Gang Violence

Last week, the House passed (by a vote of 279-144) legislation that would create a statute similar to the Racketeer Influenced and Corrupt Organizations (RICO) statute to fight gang violence. The Gang Deterrence and Community Protection Act of 2005 (H.R. 1279) would define a criminal street gang as any formal or informal group of three or more individuals that commits two or more gang crimes in two or more separate criminal episodes. In addition, H.R. 1279 would establish a National Gang Intelligence Center at the Federal Bureau of Investigation; establish funding for regional databases to track gangs in high intensity areas; add Bureau of Alcohol, Tobacco, Firearms and Explosives inspectors and agents to high intensity gang areas; and authorize the U.S. Attorney General to conduct a media campaign to inform the public about the new enhanced and mandatory minimum prison sentences in the bill. The measure would authorize $387 million to fund new interagency anti-gang law enforcement teams, hire additional federal and state prosecutors, and purchase new technology to identify gang defendants.

 


House Judiciary Committee Approves Homeland Security Authorization Bill

The House Judiciary Committee approved a $34.2 billion Department of Homeland Security (DHS) authorization bill (H.R. 1817). The measure had been approved by the House Homeland Security Committee on April 27 and was sequentially referred to the Judiciary Committee. Before approving the bill, the committee reasserted their jurisdiction over immigration issues by requiring DHS to report to them any changes in information about immigration law and domestic law enforcement. Earlier in week, the House Energy and Commerce Committee approved the measure after reasserting their jurisdiction over issues involving cybersecurity and critical infrastructure. The full House will consider the bill this week.

 


 

House Subcommittee on Appropriations Approves Veterans Affairs Spending Bill

The House Appropriations Subcommittee on Military Quality of Life and Veterans Affairs approved a measure to fund veterans programs in FY 2006, on Friday, May 6.  The bill provides increases for health care of veterans and active-duty military personnel and for military construction. It would not increase fees and co-payments for prescription drugs, as proposed in the Administration's budget request. In addition, the measure provides $351 million for state nursing home care, instead of eliminating funding for the program as also proposed in the Administration's budget request.

 


 

Immigration Legislation Introduced

Last week, a comprehensive bipartisan immigration bill was introduced that would allow foreign workers to adjust their immigrant status after a number of years.  The bill's provisions call for immigrant workers to qualify for permanent status by having to meet a future work requirement, clear additional security/background checks, pay fines and application fees as well as back taxes, and meet certain English/civics requirements.  Included in the bill is the reauthorization of the State Criminal Alien Assistance Program (SCAAP) for FY 2005-2011 and additional funding to pay for criminal justice costs associated with undocumented immigrants charged or convicted of crimes, with special consideration for border states. The legislation also would extend the authorization of federal reimbursements for hospitals that provide emergency care to undocumented immigrants, including H-5A and H-5B (temporary guest workers) in the program. In addition, the bill would provide new money to fund civic and English language instruction for immigrants and would create a public-private foundation under the Bureau of U.S. Citizenship and Immigration Services (USCIS) Office of Citizenship to support such programs. The legislation would also create a border security coordination plan with federal, state, local, and tribal authorities on law enforcement and emergency response.

 


 

 Senate Passes Conference Report to FY 2005 Supplemental Appropriations Bill

The Senate cleared (by a vote of 100-0) the conference report (H. Rpt. 109-72) on the $82 billion fiscal year (FY) 2005 supplemental appropriations bill (H.R. 1268), providing additional funding for the war efforts in Iraq and Afghanistan and other foreign policy priorities. The House passed the measure on May 5 by a vote of 368-58. The final conference report includes an extension of the Abandoned Mine Land (AML) Reclamation Fund until September 30, 2005. It also contains provisions from the REAL ID Act tightening eligibility for asylum and driver's licenses and repealing the negotiated rulemaking process underway to strengthen driver's license and ID card processes. As a result, meetings of the Negotiation Advisory Committee for rulemaking have been suspended.  The REAL ID Act repeals provisions from last year's Intelligence Reform Act that established negotiated rulemaking proceedings to specifically allow states to help develop national standards. It also mandates that within three years, all states driver's licenses must have physical security features designed to prevent tampering, counterfeiting, or duplication of documents for fraudulent purposes; and must utilize a common machine-readable technology, with defined minimum data elements. In addition, states must require and verify proof and verification in many other areas.

The REAL ID Act authorizes "such sums as may be necessary" for fiscal years 2005 through 2009, and the Secretary of the Department of Homeland Security (DHS) "may" make grants to states. Also, the DHS Secretary, in consultation with the U.S. Secretary of Transportation and the states, has authority to issue regulations and set standards pursuant to the act.

 


 

For a list of this week's federal grant notices, please visit our website at www.nevadadc.org