October 3, 2005
This week, Congress has scheduled a short week in observance of Rosh Hashanah, with most action occurring towards the end of the week. Both the House and the Senate will be in recess all of next week and are scheduled to reconvene on Monday, October 17.
Senate. The Senate will continue its debate on the FY 2006 Defense appropriations bill. Later in the week, the Senate could consider appropriations bills for Transportation-Treasury-HUD and the Homeland Security appropriations bill conference report. The FY 2006 Transportation-Treasury-HUD appropriations bill would provide $65.4 billion in discretionary funding. On Thursday, October 6, the House is scheduled consider the conference report to the FY 2006 Homeland Security appropriations bill (H.R. 2360) after conferees reached agreement last week. The measure provides $30.8 billion in discretionary funding for DHS operations and activities, including $3.3 billion for first responders.
House. The House will meet on Thursday, October 6, to consider the conference report to the FY 2006 Homeland Security appropriations bill. On Friday, October 7, the chamber will consider the Gasoline for America's Security Act of 2005, an oil refinery bill approved by the House Energy and Commerce Committee (H.R. 3893) last week. H.R. 3893, introduced by Rep. Joe Barton (R-Tex.), would increase refinery capacity by implementing a streamlined permitting process, codifying changes to Clean Air Act regulations, streamlining permitting for onshore petroleum pipelines, among other provisions.
Last week, Congress passed and the President signed a "clean" continuing resolution (CR) to keep the government operating through November 18 as it continues to work to complete its FY 2006 appropriations bills. Last Thursday, the Senate confirmed Judge John Roberts to be chief justice of the U.S. Supreme Court on a 78 to 22 vote. Judge Roberts was sworn-in a few hours after the vote. President Bush earlier today, named Harriet Miers as his second nominee to the Supreme Court. Ms. Miers is currently the White House Counsel and would replace Sandra Day O'Conner if confirmed.
HOMELAND SECURITY APPROPRIATIONS BILL
Last week, conferees completed work on the conference report for the FY 2006 Homeland Security Appropriations bill (H.R. 2360). The $31.9 billion bill is significant in that it focuses more on border security, and shifts how homeland security funding is distributed to first-responders. The two border security agencies, Customs and Border Protection; and Immigration and Customs Enforcement, would receive a 12.5 percent increase in funding over FY 05. Specifically, they would receive $9.2 billion in this coming fiscal year. However, the increase in border security comes at the expense of funding to state and local first-responders. They will see a 16 percent decrease in funding from last year, and will receive $3.3 billion for FY 06. Under the conference report, the minimum funding the states would receive in grants to first-responders would remain level at 0.75 percent of available funding. The balance of funding would be distributed by formula that relies more on risk than population. The September 11 Commission recommended that all funding be risk-based. The House is expected to approve the Homeland Security conference report next week; no word yet on when the Senate will consider the measure.
TANF EXTENSION PASSES SENATE
Last week, the Senate passed a bill (S. 1778) that would extend the Temporary Assistance for Needy Families (TANF) block grant and related programs. Although the TANF Emergency Response and Recovery Act of 2005, which was recently signed into law, extended the block grant through December 31, 2005, it did not extend transitional medical assistance (TMA), the Qualified Individual Medicare Savings Program (QI-1), or abstinence education. S. 1778 would extend funding for TANF and related programs through March 31, 2006, giving Congress an additional 6 months to complete action on a full five year reauthorization of welfare reform.
The bill would also extend the Q1-1 program, until September 30, 2006. S. 1778 has been sent to the House and awaits action there.
HOUSE PASSES ENDANGERED SPECIES ACT
Last week, the House passed legislation (H.R. 3824) that would reauthorize and reform the Endangered Species Act. The Threatened and Endangered Species Act of 2005 would change how species are listed, eliminate "critical habitat" requirements, offer incentives for landowner participation, and pay landowners to protect plants and animals on their property. The bill also requires that states receive notice of a proposed listing determination or revision; clarifies that Governors and state agencies may comment on proposed actions, including listing and delisting of species; requires that delisting criteria for species that span more than one state be identified on a state-by-state basis; and requires that comments of states be responded to in final recovery plans.
SECRETARY SPELLINGS TESTIFIES ON NEW FLEXIBILITIES WITHIN NCLB
Secretary of Education Margaret Spellings, testified before the House Education and the Workforce Committee on the implementation of the No Child Left Behind Act (NCLB). The Secretary announced new flexibility regarding NCLB for states affected by Hurricanes Katrina and Rita that would allow those states to adopt two temporary flexibility provisions. The first would allow states to delay school improvement for the 2005-2006 school year without a waiver, if they have schools that were damaged and closed in a hurricane disaster area. Second, the Secretary is willing to consider favorably state waivers to establish a separate subgroup for displaced students for the purposes of calculating adequate yearly progress for the 2005-2006 school year. These students would not count in any other subgroup, and states and districts would still be required to meet requirements for assessment, accountability, and public reporting.
HOUSE PASSES JUSTICE AUTHORIZATION BILL
ENERGY
RELATED BILLS MARKED-UP Last week, the House
Energy and Commerce Committee approved the Gasoline for America's Security Act
of 2005 (H.R. 3893) by voice vote. Among its provisions, the bill gives
Governors the option of opting-into a consolidated and streamlined process for
the permitting of refinery projects; requires the President to designate sites
on federal lands, including three Base Realignment and Closure Commission (BRAC)
sites, for which the streamlined-process would be used; codifies portions of
the Environmental Protection Agency's (EPA) New Source Review (NSR) program;
and requires a "federal fuels list" consisting of six different fuel
blends. The committee approved an amendment that would allow a Governor of an
affected state to block a refinery on a former military base, unless Congress
passes a law overriding the Governor's decision; an amendment that requires
the Federal Trade Commission (FTC) to initiate a rulemaking to define price
gouging and then gives the commission the authority to enforce it by imposing
fines; and an amendment that allows states to enter into compacts to site new
oil pipeline construction. The committee rejected a number of amendments to
strike the NSR provisions, as well as an amendment that would have replaced
the text of the bill with provisions to give the FTC new authority to
investigate and punish gasoline price gouging by gasoline retailers and
distributors. The amendment also would have established a national strategic
gasoline reserve. Also, the House Resources
Committee voted 27-16 to approve the National Energy Supply Diversification
and Disruption Prevention Act, a bill that would allow states to opt-out of
offshore oil-and-gas leasing bans. In addition to expanding offshore drilling,
the bill would promote development of oil shale in Western states; expedite
siting of renewable energy projects on federal lands, especially geothermal
energy; and streamline the environmental review process for oil and gas
drilling. The bill is expected to be combined with the refinery revitalization
bill approved by the House Energy and Commerce Committee, with possible House
consideration this week.
INITIATIVE TO
DEFRAY HURRICANE RELIEF COSTS INTRODUCED Senate Majority Leader Bill
Frist (R-Tenn.) unveiled a GOP initiative to defray some of the emergency
spending costs for hurricane relief efforts by directing all Senate committees
to look for possible savings within their jurisdictions. These savings would
be in addition to the $34.7 billion in mandatory spending cuts already
required through the reconciliation process under the budget resolution. In a
letter to the President, Republican leaders urged him to use his authority to
seek rescissions of "unnecessary and low priority spending" already
enacted into law and to appoint a high-level inspector general to monitor
hurricane relief spending.