Weekly Update


MONDAY, MARCH 5, 2007
REAL ID REGULATIONS RELEASED; COLLINS PULLS AMENDMENT The Homeland Security Department on Thursday announced a temporary reprieve for states to meet tougher federal driver's license requirements, forestalling a Senate effort to delay implementation of the rules. The department extended until December 31, 2009, a deadline stipulated the 2005 legislation. Homeland Security Secretary Michael Chertoff said states could "seek justifiable extensions" by showing they are working toward compliance. As a result of the department's action, Sen. Susan Collins, (R-ME) who negotiated the issue privately with the administration, withdrew her amendment to the bill that would have delayed implementation of the new license requirements. Collins said that she would attempt to secure more funding for states to meet the requirements. The new licenses must contain "machine-readable" technology, and motor vehicle bureaus will have to meet new physical security requirements for their facilities. According to the National Governors Association and the National Council of State Legislatures, nation-wide wide costs of compliance with the requirements could reach $11 billion. DHS figures recently released estimate the cost to states at closer to $14.6 billion. While the extension will allow states over six extra months to work toward compliance, the regulations do not extend the ultimate implementation deadline, meaning states who seek an initial extension will find their window for plan implementation shortened. GUARD COMMISSION RELEASES REPORT Last week, the Commission on the National Guard and Reserves released the second of three reports as directed by the House and Senate Armed Services Committees. The report focuses on the feasibility of implementing provisions of the House and Senate National Guard Empowerment Act. Among its findings, the report recognizes the Guard has shortfalls in equipment and other resources and is facing recruiting challenges. Recommendations include civil support requirements in its programming and budgeting; inclusion of the National Guard training and equipment budget for domestic and foreign operations in the Department of Defense Army and Air Force budget documents; establishment of a bipartisan council of governors to advise the Defense Secretary, the Department of Homeland Security and the White House on matters related to the Guard; and development of a protocol to allow governors to direct federal military personnel and assets when responding to an emergency or natural disaster in states. The Commission is expected to issue its final report no later than Jan. 31, 2008. STREAMLINED UNIONIZATION BILL PASSES HOUSE; SENATE PROSPECTS UNCLEAR This past Thursday the House passed H.R. 800, legislation that would simplify the process for non-union employees to organize into a union. The bill had razor thin bipartisan support, 241-185 but still fell short of the number of votes necessary to override a threatened presidential veto. H.R. 800 would strip employers of the right to insist on having a secret-ballot election before a union can be certified. It also would stiffen penalties on employers that intimidate employers who are trying to unionize and would establish a system designed to hasten agreement on an initial contract for a new bargaining unit. Business interests have sharply criticized the bill, and several high ranking Republicans have said that H.R. 800 is a payoff for Union support during the 2007 mid-term elections. It is unclear if the Senate version of H.R. 800 will muster the 60 votes necessary to get the measure through their chamber. BILL INTRODUCED TO PROVIDE TAX INCENTIVES FOR PRIVATE LAND OWNERS FOR ESA COMPLIANT ACTIONS This week, Senators Baucus (D-MT) and Crapo (R-ID) introduced a bipartisan bill aimed at providing tax incentives for private landowners to protect endangered species and their habitat. The Endangered Species Recovery Act would give tax credits to farmers, ranchers and other landowners who incur costs to protect and recover endangered species. To receive the credits, landowners would have to develop management and recovery plans. Additionally, S. 700 would also allow landowners to put conservation easements on their lands. S. 700 is projected to cost $2.7 billion over 10 years. Since the measure does not make changes to the underlying Endangered Species Act and merely involves tax treatment, the Senate Finance Committee will retain sole jurisdiction over the bill. COBURN TO OFFER AMENDMENT ADDRESSING IMPROPER DHS PAYMENTS Senator Tom Coburn (R-OK) is expected to offer an amendment today concerning compliance with the Improper Payments Information Act of 2002. The amendment would prohibit the expenditure of all state homeland security grant funds until the Secretary of the Department of Homeland Security (DHS) submits a report certifying that “for each program and activity of the Department” DHS has completed a risk assessment to determine the programs that are at significant risk of improper payments. In addition, DHS must estimate the total number of improper payments for each program and describe the actions to be taken to reduce improper payments. Senator Carper may offer a second degree amendment that would provide several exceptions to Senator Coburn’s amendment. It would allow the DHS Secretary to distribute homeland security grants 1) even if the department were still not in full compliance with the Improper Payments Act; 2) if the state had a clean audit report for three preceding years and DHS deemed that the appropriate controls were in place in that state; or 3) if national security or emergency response requirements rendered such grants essential.	THE WEEK AHEAD: The Congress will focus on 9/11 Commission legislation as well as water resources legislation during the week. On Wednesday, the House and Senate will convene in a joint session to receive King Abdullah II bin Al Hussein of Jordan. The SENATE continues its debate of legislation implementing the unfulfilled recommendations of the 9/11 Commission, with consideration expected to last throughout the week. A substitute amendment offered by Senate Majority Leader Harry Reid (D-NV) is serving as the base bill for floor debate. His measure incorporates both the underlying bill, as well as provisions bolstering funding for rail and mass transit security ($4 billion); creating a homeland security grant program ($3.1 billion); and creating a new emergency grant program to improve communications among first responders ($3.3 billion). The chamber is expected to address several amendments, including those that would: disallow collective bargaining rights for airport screeners; determine the formula for Homeland Security grants to states; restore habeas corpus rights to terror suspects; allow state law enforcement agencies to enforce immigration laws; and, verify the immigration status of employees. The HOUSE will focus on three water resources bills. On Wednesday, March 7, the schedule calls for consideration of the Water Quality Financing Act of 2007 (H.R. 720), the Water Quality Investment Act of 2007 (H.R. 569), and the Healthy Communities Water Supply Act of 2007 (H.R. 700). H.R. 720 would authorize $14 billion over the next four years for the Clean Water State Revolving Fund, which provides grants to states to support a low-interest loan program for communities to upgrade their wastewater treatment systems. The measure would extend repayment periods for these loans up to 30 years; require a state to use part of its funding to provide subsidies for disadvantaged communities, and authorize $75 million annually in technical assistance to rural and small wastewater treatment projects. H.R. 569 authorizes $1.8 billion in grants for improving sewage systems to prevent overflows, and calls on EPA to establish a funding formula allocating to each state a proportional share of the grant funding based on the total needs of the state. H.R. 700 would authorize $125 million in EPA grants for communities to determine alternative methods for enhancing water supplies, such as wastewater reclamation and reuse. Later this week, the House Appropriations Committee could hold a markup of the emergency supplemental appropriations bill for the war effort in Iraq/Afghanistan and hurricane relief, although it has not been officially scheduled. Attempts may be made to include additional funding for drought relief, avian flu preparedness, and enhanced rail, transit, port, and cargo security. The measure also could become the vehicle to address the anticipated federal funding shortfall for the State Children’s Health Insurance Program. HEARINGS TO NOTE CHILD NUTRITION: The Senate Agriculture, Nutrition, and Forestry Committee has scheduled a Tuesday, March 6, hearing at 9:30 a.m. in 216 Hart Senate Office Building on child nutrition in schools. CRIMINAL JUSTICE: The Senate Judiciary Committee has scheduled a markup of legislation, including a bill (S. 231) authorizing the Edward Byrne Memorial Justice Assistance Grant Programs, a bill (S. 368) to enhance the COPS grant program, and a bill (S. 627) to create a National Court Teams Resource Center for maltreated infants and toddlers on Thursday, March 8, at 10:00 a.m. in 226 Dirksen Senate Office Building. ECONOMIC CHALLENGES FOR FAMILIES: The House Ways and Means Subcommittee on Income Security and Family Support has scheduled a Tuesday, March 6, hearing at 11:00 a.m. in B-318 Rayburn House Office Building on changes in programs assisting low-income families. EDUCATION: The Senate Health, Education, Labor, and Pensions Committee has scheduled a Tuesday, March 6, hearing at 10:00 a.m. in 430 Dirksen Senate Office Building on retaining high-quality teachers. EDUCATION: The House Education and Labor Subcommittee on Higher Education, Lifelong Learning, and Competitiveness has scheduled a Thursday, March 8, hearing at 10:30 a.m. in 2175 Rayburn House Office Building on college access and affordability. ENERGY AND ENVIRONMENT: The House Energy and Commerce Subcommittee on Energy and Air Quality has scheduled a Tuesday, March 6, hearing at 10:00 a.m. in 2322 Rayburn House Office Building on carbon capture and sequestration. ENERGY AND ENVIRONMENT: The Senate Energy and Natural Resources Committee has scheduled a Wednesday, March 7, hearing at 9:30 a.m. in 366 Dirksen Senate Office Building on advanced energy technologies. ENERGY AND ENVIRONMENT: The House Agriculture Subcommittee on Conservation, Credit, Energy, and Research has scheduled a Wednesday, March 7, hearing at 1:00 p.m. in 1302 Longworth House Office Building on the financing structure of renewable energy programs. HEALTH AND HUMAN SERVICES: The House Energy and Commerce Subcommittee on Health has scheduled a Tuesday, March 6, hearing at 9:30 a.m. in 2123 Rayburn House Office Building on the Medicare Physician Payment System. HOMELAND SECURITY: The House Appropriations Subcommittee on Homeland Security has scheduled a Tuesday, March 6, hearing at 10:00 a.m. in 2212 Rayburn House Office Building on contain security challenges and goals. HOMELAND SECURITY: The House Appropriations Subcommittee on homeland Security has scheduled a Friday, March 9, hearing at 10:00 a.m. in 2358 Rayburn House Office Building on preparing for disasters.
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