Federal Issues Update
Patriot Act
Following the Memorial Day recess, Senate lawmakers returned to Capitol Hill on May 31 for a rare Sunday session in an effort to reauthorize key surveillance provisions of the Patriot Act (PL 107-56) that were set to expire on June 1. Among other things, the legislation (HR 2048), which the House approved on May 13, would phase out the National Security Agency’s (NSA) bulk collection of U.S. phone records. Instead, it would require law enforcement officials to obtain a warrant before seeking such information. Despite security concerns from a number of key Republicans, the chamber adopted the measure on June 2, and the bill was signed into law soon after.
SCAAP
Across Capitol Hill, House lawmakers continued to make progress
on the fiscal year 2016 appropriations process. On June 3, the
lower chamber approved its Commerce-Justice-Science (CJS)
spending bill by a vote of 242-183. In total, the measure (HR
2578) would provide $51.4 billion in discretionary funding, a
proposed increase of $1.3 billion over fiscal year 2015 levels.
Of particular interest to California counties, the legislation
would fund the State Criminal Alien Assistance Program (SCAAP) at
$220 million, an increase of $35 million. It should be noted that
SCAAP funding would increase despite an overall decrease in
funding for state and local justice programs.
The measure also includes $409 million for the Edward Byrne
Memorial Justice Assistance Grant (Byrne/JAG) program, a proposed
increase of $33 million. It would, however, eliminate funding for
the COPS Hiring Grants program. For his part, President Obama has
threatened to veto any fiscal year 2016 spending measure,
including HR 2578, that adheres to the sequestration-level
funding caps dictated by the Budget Control Act (PL 112-25).
Despite such a threat, the House has approved four of its 12
annual spending bills: Military Construction-Veterans Affairs (HR
2029); Energy & Water (HR 2028); Legislative Branch (HR 2250);
and CJS.
T-HUD
In the coming week, House lawmakers are expected to consider their fiscal year 2016 Transportation-Housing and Urban Development (T-HUD) appropriations legislation (HR 2577). The bill, which funds a number of key local government programs, would provide roughly $1.5 billion above fiscal year 2015 spending levels. Among other things, the legislation proposes flat funding for highway and transit programs, contingent upon Congress extending or reauthorizing the nation’s surface transportation law (MAP-21). The bill also includes a significant cut to the Department of Transportation’s (DOT) popular TIGER grant program. With regard to housing programs, the T-HUD measure would provide level funding for the Community Development Block Grant (CDBG) and the HOME Investment Partnerships program. It also includes a slight boost in funding for Homeless Assistance Grants.
MAP-21
In other developments, Congress on May 23 cleared a two-month
extension of MAP-21. The short-term patch (HR 2353) will allow
surface transportation programs to continue operating through
July 31, roughly two weeks after the Highway Trust Fund (HTF) is
projected to dip below $4 billion. According to DOT officials,
the aforementioned level is when the department would need to
begin implementing cash management procedures. If Congress fails
to act, the HTF will drop below $1 billion by mid-to-late August
and will reach a zero balance by September 4.
For their part, Senate Environment and Public Works (EPW)
Committee Chairman James Inhofe (R-OK) and Ranking Member Barbara
Boxer (D-CA) have announced plans to mark up a six-year MAP-21
reauthorization bill on June 24. It should be noted that while
the EPW Committee has jurisdiction over the highway title of
MAP-21, the revenue component of the legislation is handled by
the Senate Finance Committee. As of this writing, it is unclear
how the panel intends to pay for the potential multi-year
package.
WOTUS
Finally, on May 27, the Environmental Protection Agency (EPA) and
the Army Corps of Engineers issued a final rule redefining
“waters of the United States” (WOTUS). According to EPA, the
final regulation was significantly altered from previous versions
of the rule in order to address many of the concerns that have
been raised by various stakeholders.
Despite changes to the rule, county governments continue to have
concerns regarding the scope and potential impacts of the final
regulation. Among other concerns are that the rule will result in
the regulation of ditches, such as roadside and other ditches
that have perennial flow, as well as certain ditches that have
intermittent flow. While EPA and the Corps have stated that
ditches are exempt from federal regulation under the Clean Water
Act, the actual language of the final regulation remains
unclear.
In response to the rule being finalized, congressional opponents
of the WOTUS policy have vowed to use any tool at their disposal
to block implementation. In the Senate, the EPW Committee is
planning a June 10 markup of legislation (S 1140) that would
direct the agencies to issue a revised proposal that sets clear
limits on the federal regulation of water, require consultation
with key stakeholders, and ensure that a thorough economic
analysis is undertaken.
In the House, lawmakers approved in mid-May legislation (HR 1732)
that would block implementation of the WOTUS rule. The lower
chamber’s Energy & Water spending legislation includes similar
language.