PRESIDENT BUSH OUTLINES IMMIGRATION PROPOSAL; SENATE REVISITS ISSUE
In his May 15th address to the nation, President Bush outlined his five
point proposal for comprehensive immigration reform. The five point
proposal includes securing the nation's borders first and foremost;
establishing a temporary worker program; holding employers accountable
for hiring illegal workers; creating a path to eventual citizenship for
illegal immigrants in the country; and recognizing and appreciating that
America has been the melting pot for all immigrants.
The President also called for the deployment of 6,000 National Guard
troops to the U.S. borders to back up the Border Patrol. The federal
government would pay costs for utilizing the Guard; members from across
the country would be under a Memorandum of Understanding (MOU) with
governors. The troops would serve under the command of the border state
governor seeking their service. The Guard would only be used to assist
border patrols in surveillance and other activities, and would not be
involved in direct law-enforcement activities. Senator John Ensign
(R-NV) several weeks ago, introduced an amendment to the immigration
bill that would reimburse states for the cost of putting National Guard
troops on the border. While the amendment was blocked during debate, he
plans to reintroduce the amendment sometime this week.
The President also proposed establishing a temporary worker program for
employers to find individuals to fill jobs not taken by Americans. These
temporary workers must pass a background check and return to their home
country upon expiration of their work permits. They would be given a
biometric ID card so employers are aware of their legal status, and
employers who hire illegal immigrants would be held accountable. Bush
also reiterated his support for illegal immigrants already in the
country and the need to provide path to citizenship for them. He
emphasized he does not support amnesty for immigrants who entered the
country illegally.
SENATE BILL. The underlying bill (S. 2611) includes provisions on border
security, interior enforcement, and a guest worker program. Last week,
the chamber agreed to a handful of amendments, including:
An amendment by Senator Jeff Bingaman (D-NM) by voice vote that would
lower the annual visa quota for the H-2C guest worker visas (created by
S. 2611) from 325,000 to 200,000 per year;-
An amendment by Senator John Kerry (D-MA) by voice vote that would
improve the capacity of the United States Border Patrol to rapidly
respond to threats to border security;
- An amendment by Senator Ken Salazar (D-CO) by a vote of 79-16 that would
authorize the President to trigger implementation of the guest worker
and path to citizenship provisions if they would strengthen national
security and would increase the authorized number of Border Patrol
agents as well as power boats, helicopters, and other equipment.
- An amendment by Senator Ted Stevens (R-AK) by voice vote that would
extend for an additional 18 months, the exception in current law that
U.S. nationals do not have to carry a passport while traveling in the
Western Hemisphere (including Canada, Mexico, and various Caribbean
islands). The Intelligence Reform and Terrorism Prevention Act of 2004
repealed this exception as of January 1, 2008;
- An amendment by Senator Rick Santorum (R-PA) by voice vote that would
allow additional countries to participate in the visa waiver program if
they meet certain criteria;
- An amendment by Senator Barack Obama (D-IL) by voice vote that would
provide for an alternative means for determining a prevailing wage under
the temporary worker program. Under current immigration and labor law,
employers are required to pay foreign workers the "prevailing wage" (the
prevalent wage that American workers are paid in that location and
occupation;
- An amendment by Senator Jeff Sessions (R-AL) that would build at least
370 miles of double-and triple-layered fences along the Mexico border.
The provision would replace and extend fencing along the Arizona border
as well as 500 miles of vehicle barriers along the Southwest border.
- An amendment by Senator John Kyl (R-AZ) and John Cornyn (R-TX)
unanimously agreed to that would make convicted felons, repeat
misdemeanor offenders, and illegal immigrants who have ignored
deportation orders ineligible for legal U.S. residence;
- An amendment by Senator John Cornyn (R-TX) by a vote of 64-32 that would
create a program to provide grants to states for heath and educational
services for non-citizens, funded by an application fee, usually in the
amount of $750, collected from immigrants as they began the process of
legalization.
- An amendment by Senator Jon Cornyn (R-TX.) by a vote of 50-48 that would
place additional restrictions on guest workers applying for permanent
residence. The amendment would require an employer to document that the
guest worker applicant is gainfully employed and that there was no
American that could have filled the position;
- An amendment by Senator Ted Kennedy (D-MA) by a vote of 56-43 that would
modify the above Cornyn amendment to strike the ability of unauthorized
aliens obtaining H-2C visas to self-petition for a green card. The
amendment states that an alien can self-petition with the employer's
promise of a job;
- An amendment by Senator David Vitter (R-LA) by voice vote that would put
the burden of proof that an illegal immigrant had been in the United
States for a certain period of time on the immigrant. It would eliminate
the possibility that an immigrant’s own sworn affidavit could be offered
as evidence of the length of stay, but would reduce from three to two
the number of documents needed for proof;
- An amendment by Senator Daniel Akaka (D-HI) by voice vote that would
provide for family reunification for Filipino veterans of World War II;
- An amendment by Bill Nelson (D-FL) by voice vote that would improve the
United States' ability to detain illegal aliens;
- An amendment by Senator James Inhofe (R-OK) by a vote of 63-34 that
would establish English as the national language;
- An amendment by Senator Ken Salazar (D-CO), by a vote of 58-39 that
would establish English as a common and unifying language.
The House passed an immigration bill in December that includes
provisions to build a 700-mile fence along the border, requires
employers to verify the legal residency status of their workers with the
government, and make illegal presence in the U.S. a felony.
SENATE COMMITTEE
APPROVES RYAN WHITE CARE ACT REAUTHORIZATION
Last week, the Senate, Health, Education, Labor, and Pensions (HELP)
Committee approved legislation (19-1) to reauthorize the Ryan White CARE
Act (S. 2823) which provides funding for services with persons living
with HIV/AIDS. The legislation contains numerous changes to city and
state formulas.
The draft bill includes a revision of formulas for funding calculations
to include HIV cases, not just AIDS cases as currently tallied. This
would create a tier system to fund both small and large cities,
directing unused funds from states into AIDS Drug Assistance Programs (ADAP),
federal and state-funded programs that provide HIV/AIDS-related
medications to low-income, uninsured and underinsured HIV-positive
people, and mandating a minimum AIDS drug formulary list that all state
ADAPs would have to provide to patients.
The House has yet to consider Ryan White reauthorization legislation.
HOUSE COMMITTEE
APPROVES OLDER AMERICANS ACT REAUTHORIZATION BILL
The House Education and Workforce Committee approved, by voice vote,
legislation (H.R. 5293) that would reauthorize the Older Americans Act.
The law expired in 2005, but appropriators continue to fund its various
programs, including Meals on Wheels and various Administration on Aging
programs such as transportation, home health care referrals, and other
health and social services programs. The legislation also recognizes the
need for older Americans to have access to mental health services,
assistive technologies, and preventive health services, such as flu
shots. The Senate Health, Education, Labor, and Pensions (HELP)
Committee planned to consider similar legislation, but instead focused
on reauthorization of the Ryan White CARE Act.
NATIONAL GUARD
DEPLOYMENT TO BORDERS HEARING
The Senate Armed Services Committee held a recent hearing with regard to
deploying 6,000 National Guard troops to the southern borders to assist
Border Patrol. Members on the Committee posed many questions including;
whether the plan was coordinated with Governors; whether the plan is
authorized by law; and whether Mexico was consulted on the plan. They
also noted that the Canadian government has raised questions about the
proposal.
Assistant Secretary of Defense for Homeland Defense Paul McHale,
testified that Governors of the affected states were consulted and
assured that the federal government would pay for the Guard deployment.
The Guard would function under Title 32 section 502 (a) and (f), which
applies to training the Guard and duties exceeding training. The Guard
troops would be under the control of the Governor of the state for which
they are assigned, but function under the supervision of the Border
Patrol. National Guard troops deployed to the border will not perform
any law enforcement function. They will be assigned missions such as
building roads, surveillance, and language interpretation.
Federal funding is predicated on an assurance to not use troops as law
enforcement agents. Up to 6,000 troops would serve at the southern
border, in rotation from two to three weeks for the first year. This
means approximately 150,000 troops will be needed over the course of a
year. Because this is less than the number of national guard troops
under arms in the four border states, it will most likely ensure that
troops from surrounding states will need be called in.
For more detailed questions and answers on the National Guard deployment
to border states, please read this document.
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Congress is scheduled to recess this Friday, May
26 for the Memorial Day holiday. They will reconvene on Monday, June 5.
The Senate is scheduled to continue debate on broad immigration reform
legislation, S. 2611, with a final vote anticipated for Friday, May 26.
The House is scheduled to consider three FY 2007 appropriations bills: The
$94.4 billion Agriculture measure, the $30 billion Energy-Water measure, and
the $32 billion Homeland security bill. After passing its FY 2007 budget
last week, the House "deemed" its discretionary spending cap of $873 million
through a procedural rule, thereby protecting against amendments to increase
spending on appropriations bills. On a similar note, it remains unclear
whether negotiators will be able to resolve differences between the House
and Senate versions of the budget resolutions. Outstanding issues such as
the level of discretionary spending (House $873 billion vs. Senate level of
$881.5 billion) and whether to allow drilling in the Arctic National
Wildlife Refuge remain.
Negotiators continue their efforts to reconcile the $91.9 billion and $109
billion versions of the House and Senate FY 2006 emergency supplemental
appropriations bills. Leaders hope to complete the conference report this
week. The President continues to reiterate his veto threat over any measure
exceeding $94.5 billion, including a mandate for $2.3 billion in avian flu
preparedness efforts.
It is unclear whether a pension reform conference report will be finalized
this week. The measure is expected to include a $20 billion to $25 billion
"trailer" package containing tax extenders (including the research and
development tax credit, state and local tax deducibility, and the
welfare-to-work tax credit, as well as deductions for college tuition and
out-of-pocket teacher expenses) that were removed from the tax
reconciliation bill because of revenue limitations.
SENATE FLOOR. The Senate convenes today to continue debate on
the Comprehensive Immigration Reform Act of 2006, S. 2611. Debate on the
measure is expected throughout the week. The chamber could also consider the
Supplemental Appropriations Conference Report.
HOUSE FLOOR. The House convenes today to consider eight
measures under suspension, including the Hurricane Relief Extension Act
(H.R. 5354) and the Veterans' Benefits Improvement Act (S. 1235). The
chamber will consider three appropriations bills and could consider
conference reports on the emergency supplemental and pension reform if
agreements are met among conferees.
House
Passes Budget Resolution
The House last week adopted (by a vote of 218-210) its $2.8 trillion FY 2007
budget resolution which sets a discretionary spending cap of $873 billion.
Members concerned about the funding level for health and education programs
acquiesced when promised that an extra $3.1 billion (in addition to the $4.1
billion shifted from the Defense allocation) would be added to the measure.
The deal assumes that the enhanced funding would be comprised of $1 billion
taken from Iraq reconstruction funds and another $2 billion from cuts to
other unspecified programs (although not Medicare, Medicaid, food stamps or
other programs for the needy). In addition, an agreement was reached to
boost the non-defense emergency spending cap from $4.3 billion to $6.45
billion, with any amount above the original cap needing approval from the
Budget Committee. The Senate budget resolution, which was adopted on March
16, assumes $16 billion more in additional spending than the House version.
SENATE BILL WOULD DELAY MEDICARE PART D
PENALTIES
Senator Charles Grassley (R-IA), Chairman of the Senate Finance Committee
and ranking member Max Baucus (D-MT) introduced a bill last week that would
delay late penalties for Medicare beneficiaries who missed the May 15
enrollment deadline for the Medicare prescription drug benefit (Part D). The
bill would allow all beneficiaries to sign up for the benefit during the
next enrollment period that begins November 15. The bill is estimated to
cost $1.7 billion over five years, to be paid by the managed care
stabilization fund. It is anticipated that Grassley will seek a vote by
unanimous consent on the bill this week. Similar legislation is expected in
the House Ways and Means Committee.
Appropriations
HOMELAND SECURITY SPENDING BILL APPROVED IN HOUSE COMMITTEE FOR FY 2007
* $32.08 provided for the U.S Department of Homeland Security, $1.8
billion more than the FY 2006 level and $1.065 more than the
Administration's request. The measure provides $3.2 billion for first
responders, including: $545 million for state basic formula grants; $1.165
billion for high-density UASI grants, $150 million for rail security grants;
$200 million for port security grants and $65 million for other
infrastructure protection; $500 million for firefighter grants; $400 million
for state and local law enforcement terrorism prevention grants; $180
million for Emergency Management Performance grants; $339 million for first
responder training, exercise, and assistance programs; $1.66 billion for
disaster relief; and $198 million for flood map modernization.
ENERGY-WATER SPENDING BILL APPROVED IN HOUSE APPROPRIATIONS COMMITTEE FOR
FY 2007
* The energy-water spending bill, which funds the Army Corps of
Engineers, Department of Energy, Bureau of Reclamation and related agencies,
totals $30 billion, $172 million below last year's level and $545 million
above the President's request. The bill includes $24.4 billion for the
Department of Energy (DOE), $3.27 million above the FY 2006 level and $299
million above the President's request. The committee also approved an
amendment that would increase funding for energy conservation and
weatherization activities by $30 million, with a corresponding offset to the
Global Nuclear Energy Partnership (GNEP).
* Specific provisions include: $4.132 for the American Competitiveness
Initiative, which represents full funding, and increases funding for the DOE
Office of Science;$2.0 billion for energy supply and conservation, which is
$102 million above FY 2006, and includes $242.5 million for state
weatherization assistance;$5.5 billion for Department of Defense
environmental cleanup, which is $161.5 million over the President's
request.$309.9 million for non-defense environmental cleanup activities,
which is slightly below the President's request; and termination of the
state energy program grants, which was previously funded at $49.5 million.
HOUSE COMMITTEES
APPROVE LEGISLATION TO REFORM THE FEDERAL EMERGENCY MANAGEMENT AGENCY
Two separate House committees approved differing measures to reform the
Federal Emergency Management Agency (FEMA). The House Homeland Security
Committee approved the National Emergency Management Reform and Enhancement
Act of 2006 (H.R. 5351), which would overhaul FEMA but keep the agency under
the jurisdiction of the Department of Homeland Security (DHS). The House
Committee on Transportation and Infrastructure approved (by a vote of 28 to
0) the Restoring Emergency Services to Protect our Nation from Disaster Act
of 2006 (H.R. 5216), which would reform FEMA but make it an independent
Cabinet-level agency.
Both bills would still give FEMA control over disaster preparedness and
response, currently two separate divisions of DHS. House Leadership has not
yet determined which bill will be considered on the floor.
Key
Committee Meetings
Week
of 5/15 - 5/19
Armed Services:
The House Committee will hold a hearing on the border security
mission of the National Guard; Wednesday, May 24, at 10:00 AM; 2118
Rayburn.
Environment and Public Works: The
Senate Committee will mark up pending legislation and vote on pending
nominations; including a bill to provide for the conveyance of a
United States Fish and Wildlife Service administrative site to Las
Vegas, Nevada; Tuesday, May 23, at 9:30 AM; 628 Dirksen.
Appropriations:
The Senate Subcommittee on Labor/HHS/Education will hold hearings on
fiscal 2007 appropriations for programs under its jurisdiction;
Wednesday, May 24, at 9:00 AM; 124 Dirksen.
Indian
Affairs: The Senate Committee will hold a hearing on
Indian education; Thursday, May 25, at 9:30 AM; 485 Russell.
Transportation and Infrastructure:
The Railroads Subcommittee will hold a hearing on the impact of
railroad owned waste facilities; Tuesday, May 23, at 10:00 AM, 2167
Rayburn.
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