Federal Issues Update
House GOP Budget Proposal
On March 17, House Republicans unveiled a fiscal year 2016 budget
resolution that seeks to balance the budget in eight years by
proposing $5.47 trillion in spending cuts. The savings would be
achieved primarily by repealing the 2010 health care law (PL
111-148, PL 111-152) and by making significant changes to
Medicare, Medicaid, and the Supplemental Nutrition Assistance
Program (SNAP).
It should be noted that the budget resolution is a non-binding
document that is intended to govern how Congress makes various
spending choices. While the document sets limits on how much
Congress is authorized to spend in the upcoming fiscal year, the
resolution does not have the force of law.
The House Republican plan, which effectively adheres to the
statutory spending caps established by the Budget Control Act (PL
112-25), proposes a total of $613 billion in defense funding and
$493.5 billion in non-defense funding for fiscal year 2016. Of
the amount allocated for defense purposes, $523 billion would be
designated as base defense discretionary spending, while the
remaining $90 billion – an increase of $39 billion from the
previous year – would go toward the Pentagon’s war budget. By
comparison, the president sought $612 billion for comparable
programs – although the administration’s plan would boost the
defense spending cap by $38 billion, rather than increase the war
account.
Looking ahead, the House Rules Committee will meet next week to
set the parameters for floor consideration. For their part, GOP
leaders have suggested that the resolution will include
additional defense-related funding when the resolution comes
before the full chamber, which is expected to create an
intra-party battle. In the meantime, Democrats are expected to be
unified in their opposition to the GOP budget plan.
Across Capitol Hill, Senate Republicans on March 18 released
their own fiscal year 2016 budget. Like the House measure, the
upper chamber’s spending blueprint – which was approved by the
Budget Committee on March 19 – would provide $523 billion in base
discretionary defense spending. The Senate blueprint also
proposes $89 billion in war funding, for a total of $612 billion
in defense-related spending.
In other developments, Senate floor debate on a sex trafficking
bill has entered its second week, largely due to Democratic
opposition over an abortion-related policy rider that was added
to the legislation. The underlying measure – the Justice for
Victims of Trafficking Act (S 178) – would provide competitive
grant funding to state and local entities to enhance
collaboration and provide services to youth trafficking victims.
With the recent impasse, it is unclear how or if this situation
will be resolved. For its part, the House passed a similar
measure (HR 181) by voice vote earlier this year.
In other news, Senators Cory Booker (D-NJ), Rand Paul (R-KY), and
Kirsten Gillibrand (D-NY) recently introduced legislation – the
Compassionate Access, Research Expansion and Respect States
(CARERS) Act (S 683) – that would end the federal ban on medical
marijuana. Among other things, the bill would allow states to set
their own medical marijuana policies, without fear of federal
prosecution. In addition, the measure would reclassify marijuana
as a Schedule II drug (rather than a Schedule I drug),
recognizing that it has medicinal value. The CARERS Act also
would allow doctors in facilities run by the Department of
Veterans Affairs to prescribe medical marijuana to veterans in
states that permit such use. Since its introduction, Senator
Barbara Boxer (D-CA) has been added as a cosponsor.
Funding for Local Bridges/MAP-21 Reauthorization
Congressman Jeff Denham (R-CA) is leading an effort in the House
aimed at securing additional federal funding for local bridges as
part of MAP-21 reauthorization. Specifically, Congressman Denham
is requesting members of the California congressional delegation
to sign onto a letter urging the leaders of the House
Transportation & Infrastructure (T&I) Committee to make
funding for crumbling bridges a top priority. Additionally, the
correspondence urges Congress to provide a dedicated funding
stream for locally owned bridges that are on the Federal-Aid
Highway System.
CSAC has joined with Congressman Denham in pushing Congress to
provide bridge funding parity under federal law. Pursuant to
MAP-21, local bridges that are off of the Federal-Aid System
receive a special funding set-aside; on-system bridges, however,
do not have a dedicated federal funding source. In light of the
fact that over half of locally-owned bridges in California are
located on Federal-Aid Highways, CSAC is urging Congress to
create a similar funding mechanism for these important components
of the state’s transportation network.
Looking ahead, and in the absence of consensus on how to pay for
a long-term transportation measure, it is unclear when the House
– or the Senate – will take up a MAP-21 renewal bill. With the
current extension of MAP-21 slated to expire at the end of May,
it appears very likely that Congress will be forced to approve
another short-term continuation of current law.
Payments-in-Lieu-of-Taxes
Several members of the House – led by Representatives Chris
Stewart (R-UT), Jared Polis (D-CO), Sean Duffy (R-WI), and Ann
Kirkpatrick (D-AZ) – have been circulating a Dear Colleague
letter on the Payments-in-Lieu-of-Taxes (PILT) program.
Specifically, the letter urges House leaders to work in a
bipartisan, bicameral fashion to secure full funding for the
program in fiscal year 2016.
CSAC strongly supports the Stewart-Polis-Duffy-Kirkpatrick letter
and has been urging members of the California congressional
delegation to sign on. As of this writing, 83 members of Congress
have added their name to the letter, including 14 from the
California delegation.
State Criminal Alien Assistance Program
This week, Representatives Paul Gosar (R-AZ) and Linda Sanchez
(D-CA) circulated a bipartisan Dear Colleague letter to House
appropriators on funding for the State Criminal Alien Assistance
Program (SCAAP). The letter requests adequate SCAAP resources in
fiscal year 2016 at a level appropriate to effectively execute
the program’s purpose.
CSAC is urging members of the California congressional delegation
to sign onto the letter. The association also is requesting that
members seek $950 million for SCAAP in fiscal year 2016, which
represents the program’s previously authorized funding level.
Carcieri/Fee-to-Trust Reform
Senator Jon Tester (D-MT), the ranking member of the Senate
Committee on Indian Affairs, was recently joined by seven of his
colleagues in reintroducing legislation (S 732) that would
reverse the U.S. Supreme Court’s Carcieri v. Salazar decision. In
Carcieri, the Court ruled that the secretary of the Interior’s
trust land acquisition authority is limited to those tribes that
were under federal jurisdiction at the time of the passage of the
Indian Reorganization Act (IRA) of 1934.
If enacted, S 732 would restore the Interior Secretary’s
authority to take land into trust for all Indian tribes. However,
it would not make any modifications to the Bureau of Indian
Affairs’ fee-to-trust process. CSAC has continued to oppose any
Carcieri “fix” bill that does not include long-overdue reforms in
the land-into-trust process. A companion bill (HR 249) in the
House, sponsored by Representative Tom Cole (R-OK), currently has
17 cosponsors.
In a related development, the Indian Affairs Committee will be
hosting on March 25 a roundtable discussion titled “The Carcieri
v. Salazar Supreme Court Decision and Exploring a Way Forward.”
The event will provide a unique opportunity for key stakeholders
to share their views on Carcieri-related issues. CSAC has been
invited to participate in the roundtable and will be represented
by Sonoma County Supervisor David Rabbitt and Napa County
Supervisor Diane Dillon.
Waters of the United States
On Tuesday, March 17, the House Agriculture Committee’s
Conservation and Forestry Subcommittee held a hearing to review
the Environmental Protection Agency (EPA)/Army Corps of
Engineers’ (Corps) proposed rule defining “Waters of the United
States” (WOTUS). The session featured testimony by several
representatives of state and local government, including Clinton
County Commissioner (PA) Robert Smeltz, who testified on behalf
of the National Association of Counties (NACo). Incidentally, the
Senate Agriculture, Nutrition, and Forestry Committee is
scheduled to hold a similar hearing next week.
At the House hearing, Agriculture Committee Chairman Michael
Conaway (R-TX) and Subcommittee Chairman Glenn Thompson (R-PA)
urged EPA and the Corps to withdraw the proposed rule and work
with state and local stakeholders to develop a new set of
recommendations. Chairman Thompson also indicated that the
committee may call on EPA Administrator Gina McCarthy, Assistant
Secretary of the Army (Civil Works) Jo-Ellen Darcy, and U.S.
Department of Agriculture (USDA) Secretary Tom Vilsack to address
specific issues and concerns raised in Tuesday’s
hearing.
It should also be noted that Conaway and Thompson expressed
support for legislation (HR 594) that would prohibit EPA and the
Corps from publishing a final rule. It is unclear whether the
bill, which is cosponsored by 176 members of Congress, will be
considered. In the meantime, congressional Republicans will
likely look to the fiscal year 2016 appropriations process as an
avenue to block the agencies from advancing the proposal.
Finally, in related developments, EPA Administrator McCarthy this
week told the National Farmers Union that the WOTUS rule will
likely be finalized this spring and will soon head to the White
House Office of Management and Budget (OMB) for review.
Incidentally, the rule has been under OMB analysis since last
fall, meaning a somewhat modified version of the proposal will be
the subject of any further review.