MONDAY, JULY 24, 2006 
SENATE APPROPRIATIONS COMMITTEE APPROVES HANDFUL OF FY 2007 APPROPRIATIONS BILLS

Last week, the Senate Appropriations Committee considered a handful of FY 2007 spending bills, including Labor-HHS-Education, Defense, Transportation-Treasury-Judiciary-HUD, and Veterans Affairs.

LABOR-HHS-EDUCATION - The Senate Appropriations Committee approved its $605.6 billion FY 2007 spending bill for Labor, Health and Human Services and Education spending bill. The bill provides $143 billion for discretionary spending, an increase of $1.27 billion from the FY 2006 level and $4.9 billion higher than the President's request.

Key provisions within the Department of Health and Human Services include:
  • $1.9 billion for Community Health Centers (a $145 million increase from FY 2006);
  • $2.1 billion for the Ryan White AIDS program (a $78 million increase from FY 2006);
  • $630 million for the Community Services Block Grant (CSBG) (eliminated in the Administration's budget request and level funded at the FY 2006 level); and
  • $2.2 billion, which includes formula and contingency funding, for the Low-Income Home Energy Assistance Program (LIHEAP) (level funded and a $327 million increase from the Administration's budget request).

Key provisions within the Department of Education include:
 

  • $12.6 billion for Pell Grants (a $439 million reduction from FY 2006, keeping the maximum grant at $4050 per student);
  • $10.6 billion for Special Education State Grants (level funded and $10 million below the Administration's budget request);
  • $12.7 billion for Title I grants to states (level funded);
    $1.3 billion for state vocational education grants (eliminated in the Administration's budget request and level funded);
  • $6.8 billion for Head Start (level funded);
    $2.75 billion for Grants for Improving Teacher Quality (includes state grants) (a $100 million decrease overall from FY 2006);
  • $272 funding for Educational Technology State Grants (eliminated in the Administration's budget request and level funded);
  • $100 million for School Improvement Grants (new funding per the Administration's budget request, $100 million below the budget request);
  • $828 million for TRIO (level funded, $448 million more than the budget request); and
  • $303 million for GEAR UP (level funded, eliminated in the Administration's budget request).
     
Key provisions within the Department of Labor include:
 
  • $800 million for Adult Training ($64 million decrease from FY 2006);
  • $935.5 million for Youth Training ($5 million decrease from FY 2006); and
  • $1.48 billion for Dislocated Worker Assistance State Grants ($4.2 million increase from FY 2006 and $361.5 million more than the Administration's budget request).
     
Transportation-Treasury-Judiciary-HUD: The FY 2007 spending bill provides $140.7 billion in spending, $10.2 billion more than in FY 2006, and $2 billion more than the President’s request. The bill provides a total of $69 billion in discretionary spending, a $1.1 increase from last year’s levels. Provisions include:
 

 

  • $39.1 billion for highway programs;
  • $36.6 billion for the Department of Housing and Urban Development;
  • $6.1 billion for the federal judiciary system; and
  • $11.7 billion for the Department of the Treasury.
Several amendments were included on a wide range of trade, transportation, and judicial issues. The panel voted 19-7 to adopt an amendment by Senator Inouye (D-HI) barring the Bush Administration from allowing foreign nationals to have more control over the business decisions of U.S. airlines. The House adopted the same amendment on June 14. The panel also adopted by voice vote an amendment easing restrictions on agricultural trade with Cuba.

The bill would also boost funding for Amtrak service, providing $1.4 billion for the national rail service, $100 million more than the FY 2006 spending levels and nearly $500 million more than the President’s request. However, the panel also added a provision blocking Amtrak’s plans to consider exporting reservation operations oversees, a provision crafted by Senator Byrd (D-WV).

A number of items of interest to Nevada have been identified in the draft Senate Committee report and are noted here.

DEFENSE - The FY 2007 defense spending bill provides $453.4 billion. $14.7 billion more than FY 2006 levels and $9.1 billion less than the President's request. The bill overall provides $403.5 billion in discretionary spending and $50 billion in contingent emergency spending to continue to fund the war in Iraq and Afghanistan. Included in the bill is:
  • $126.2 billion for operations and maintenance;
  • $99 billion for personnel;
  • $80.7 billion for procurement; and
  • $72.9 billion for research, development, test, and evaluation.
The U.S. Army received $3.5 billion for the Future Combat System initiative, $243 million less than requested. The panel noted concern over the potential $300 billion cost of the Army program to modernize military operations. The panel also approved a proposal to increase the size of the Army by 30,000 soldiers.

The U.S. Navy received $10.4 billion for new shipbuilding programs, slightly less than the President’s budget request. The bill provides $300 million for purchasing a single Littoral Combat Ship, rather than the two requested; $2.6 billion for constructing two DD(X) next generation destroyers; and approves a Navy request to cut forces by 12,000 sailors, and increase the size of the Marine Corps by 5,000 soldiers.

The U.S. Air Force received $3.38 billion to buy 20 F-22 Raptor stealth aircraft, $1.4 billion more than requested. The bill also requires the Air Force to continue producing C-17 cargo aircraft, despite Pentagon requests to end C-17 manufacturing. The bill approves an Air Force request to cut forces by 23,200.

And finally, the bill provides $4.15 billion for the F-35 Joint Strike Fighter program, delaying production by a year for more testing. The bill provides a 2.2 percent military pay raise, in line with the Administration’s request.

MILITARY CONSTRUCTION/VA - The FY 2007 Military Construction/VA spending bill was also approved, providing $16.3 billion in military construction projects, $78 billion for the U.S. Department of Veterans Affairs, and $143 million for other agencies' veterans spending.

The bill recommends $5.4 billion to implement Base Realignment and Closure (BRAC) and $191.2 million for prior BRAC rounds. The bill funds the Veterans Affairs Department at the same level as the House appropriations bill, but boosts VA construction spending in favor of several VA programs. The Defense Health Program receives $21.4 billion, and both chambers ignored the President’s budget request to impose a $125 yearly increase in annual enrollment fees for veterans, and higher prescription drug co-payments.

HOUSE COMMITTEE APPROVES HOMELAND SECURITY AUTHORIZATION BILL

The House Homeland Security Committee approved a $34.7 billion FY 2007 authorization bill (H.R. 5814) for programs in the Department of Homeland Security (DHS). The measure would require DHS to report to Congress on the National Asset Database (NAD) of high-risk infrastructure sites maintained by DHS. The NAD will provide direction to the DHS Secretary, who is required to offer assistance and guidance to states in preparing and implementing their security plans. The following requirements would need to be included in state security plans:

  • security measures to address vulnerabilities that have been identified in the required assessments; plans for periodic drills and exercises that include participation by local law enforcement agencies and first responders;
  • equipment, plans, and procedures to be implemented or used by the rail or public transportation system in response to a terrorist attack, including evacuation and passenger communication plans;
  • identification of steps taken with state and local law enforcement agencies, first responders, and federal officials to coordinate measures and plans for responding to a terrorist attack; and
  • enhanced security measures to be taken when the DHS Secretary declares a period of heightened security risk.
The bill would authorize $1.2 billion for terrorism grants and $250 million for mass transit security grants. The measure is not expected to be considered on the House floor this session, and the Senate Homeland Security and Governmental Affairs Committee has indicated that they will not consider an authorization bill this year.

The Senate is scheduled to resume consideration of an offshore energy production bill that it began debating last Friday. The chamber will also take up S. 403, the Child Custody Protection Act, sponsored by Senator John Ensign (R-NV) that would make it a federal crime to transport minors across state lines to obtain abortions in order to circumvent state parental notification and consent laws. A conference report on a pension reform could be be voted on by both chambers sometime this week. It is expected to include a "trailer" package - to extend for either one or two years expiring tax provisions, including the research and development tax credit, the work opportunity tax credit, tuitions deduction, and the state sales tax deduction - that were not included in the tax reconciliation package. It remains unclear whether the conference report will include an estate tax reform measure or charitable giving reforms. The Senate is also scheduled to consider the nomination of Jerome Holmes to be U.S. Circuit Judge for the 10th Circuit.

The House is scheduled to convene today and consider 18 measures under suspension. On Tuesday, the chamber will consider 13 additional measures under suspension. The chamber also will debate the Business Activity Tax Simplification Act (H.R. 1956) which would bar states from taxing an out-of-state business unless that business had a physical presence in the state for more than 21 days. The chamber will also take up two bills, H.R. 5766 and H.R. 3282 that would establish "sunset" commissions to review inefficient or duplicative government agencies and programs.

On Wednesday, July 26, the House and Senate will meet in joint session to receive Iraqi Prime Minister Nuri al-Maliki.

The House is scheduled to recess for its summer break, this Friday, July 28 with the Senate expected to follow on Friday, August 2.

 


 SENATE PASSES BILL TO IMPROVE TRACKING OF SEX CRIMES

Last week, the Senate passed by voice vote a bill designed to track sex crime offenders, subjecting them to increased minimum prison sentences. H.R. 4472, is a modified version of a House bill passed in March. The legislation combines several measures from members in both chambers streamlined into one bill, aimed at improving sex offender registration and tracking capabilities.

The bill requires states to maintain sex offender registries publicly available on the internet, directs the U.S. Department of Justice to maintain a national sex offender registry, and makes failure to register a felony. Sex offenders are required to provide DNA samples to the registry; offenders who fail to register will face a 10-year prison term. Other mandatory minimum sentence increases include 5 years for offenders who commit violent crimes while registered, 10 years for those convicted of using a weapon to attack a child, up to 30 years for having sex with a child under 12, or sexually assaulting a child ages 12 to 17. The bill creates a new office within the Department of Justice to track sex offenders, and directs the U.S. Marshals Service to apprehend unregistered offenders.

Nevada was one of the first states to take part in a newly created National Sex Offender Public Registry, developed by the U.S. Department of Justice (DOJ) last year to allow for the secure and reliable organization and transmission of public sex offender data from across our nation by creating a link to each participating state's public safety web site. There are currently 4,700 active registered sex offenders in Nevada and more than 500,000 nationwide.

HOUSE AND SENATE AGREE ON VOCATIONAL, EDUCATIONAL GRANTS RENEWAL

A House and Senate conference committee reauthorized $1.3 billion in grants for coursework at high schools and community colleges for careers not requiring four-year degrees. Conferees agreed to reauthorize the Carl D. Perkins Career and Technical Education Act for six years. The Perkins program had been eliminated in the Administration's FY 2007 budget request.

The conference agreement maintained separate funding streams for the Tech Prep program, which provides skills training through collaboration between vocational programs and two- and four-year institutions. This issue had been a point of contention in pre-conference negotiations. The agreement also would allow states to spend up to five percent of their funds on administrative costs; the House bill had capped administrative spending at 2 percent. Finally, the agreement would require that programs report their job placement percentages and participant proficiency test scores annually to the state office. A final vote on the measure is expected before the summer recess.

SENATE TO CONSIDER CHILD CUSTODY PROTECTION ACT

On Tuesday, July 25, the Senate will consider S. 403, the Child Custody Protection Act. Sponsored by Senator John Ensign (R-NV), the legislation would make it a federal crime to transport minors across state lines to obtain abortions in order to circumvent state parental notification and consent laws. The Senate is slated to debate amendments before voting on the measure tomorrow. The bill would allow for a fine and up to a year in prison for people who transport minors in contravention of the parental notification and consent laws in the minor's home state. Under the bill, parents could sue people who help their children get abortions in such a manner. The bill would make an exception for abortions necessary to save the life of the girl.

Senate leaders apparently struck a deal late last week allowing for consideration of four amendments, including three from Democrats. One amendment, offered by Senator Dianne Feinstein (D-CA) would exempt grandparents and clergy members. The House passed a similar bill last year, 270-157 after rejecting a similar grandparents/clergy exemption.

Currently 44 states have enacted laws that require parental notice or consent for minors to obtain abortions. In 9 states, parental notification or consent laws have been enjoined (not enforced), including Nevada.

SENATE COMMITTEE APPROVES BIOTERRORISM MEASURE

The Senate Health, Education, Labor, and Pensions (HELP) Committee approved by voice vote the Pandemic and All-Hazards Preparedness Act (S. 3678), which provides a five year reauthorization for several expiring sections of the Homeland Security Act of 2002 relating to public health and bioterrorism. The measure would designate the Secretary of the U.S. Department of Health and Human Services (HHS) as the lead federal official in charge of emergency public health and medical response; transfer the National Disaster Medical System from the Department of Homeland Security to HHS; and require the HHS Secretary to prepare and implement a national preparedness and response strategy.

The bill would also authorize $1 billion in grants to states for public health and medical preparedness, and enhance the use of technology to monitor and assess public health emergencies. It also would authorize grants to support surveillance and response capabilities at hospitals, clinical laboratories, or poison control centers. Under the legislation, states would be required to meet performance standards developed by the HHS Secretary to ensure a basic level of preparedness for disasters. A match (5 percent in the first year, 10 percent in the second year, and 20 percent in subsequent years) would be required for the state public health and preparedness grants beginning in FY 2009. The state match can be satisfied with "in-kind" contributions. No companion legislation has been introduced in the House.

METH STUDY RELEASED

The National Association of Counties has released a new study entitled: "The Meth Epidemic in America." Comprehensive in its research, the study provides an informative overview of the problems caused by methamphetamine use. The study found that forty-eight percent of counties reported that meth is their primary drug problem, while 22 percent reported cocaine, another 22 percent reported marijuana and 3 percent reported heroin as their primary problems. Close to ninety percent of counties have precursor laws, while 46 percent of sheriffs reported that the number of meth lab busts has declined.

For further information on the study, please visit the National Association of Counties: www.naco.org.

Recent and archived Federal Grants Notifications are also available on our website. www.NevadaDC.org
The State of Nevada Washington Office is reachable by phone at (202) 624-5405.  Additional contact information is available on our website.  To be added to our mailing list, please contact update@nevadadc.org.