The California Institute For Federal Policy Research California Capitol Hill Bulletin Volume 4, Bulletin 22 -- June 26, 1997 http://www.calinst.org DELEGATION CIRCULATING CRIMINAL ALIEN INCARCERATION FUNDING LETTER Reps. David Dreier (San Dimas), Gary Condit (Ceres), Jerry Lewis (Redlands) and Lucille Roybal-Allard (Los Angeles) are seeking signatures from other members of the California delegation on a letter to Rep. Hal Rogers (KY), Chair of the House Appropriations Subcommittee on Commerce, Justice, State, the Judiciary and Related Agencies. The letter, already signed by a broad bipartisan group of 33 members of the delegation, urges Chairman Rogers to fund the State Criminal Alien Assistance Program (SCAAP) at its full authorization level of $650 million. Last year, Congress funded the program to help reimburse states for the costs of incarcerating illegal criminal aliens at $500 million. California and its local governments received about $270 million of the total; however, the state estimates that it will cost about $452 million in the coming year to incarcerate illegal criminal aliens. Under the crime bill, the program level for SCAAP is authorized for funding at $650 million. The delegation's letter points out that the Subcommittee received about $1.7 billion in funding over last year's level and urges the Chairman to earmark some of that increase to provide full funding for the SCAAP program. Those members wishing to sign the letter should contact Brian Faughan in Rep. Drier's office, x52305; Mike Dayton in Rep. Condit's office, x51131; Dave LesStrang in Rep. Lewis's office, x55861; or Sherry Greenberg in Rep. Roybal-Allard's office, x51766. The deadline for signing the letter is Friday, June 27 by close of business. HOUSE PASSES DEFENSE AUTHORIZATION -- BILL RETAINS B-2 FUNDING, DISALLOWS MCCLELLAN PRIVATIZATION, FULLY FUNDS NIF The week-long consideration of the National Defense Authorization Act (H.R. 1119) concluded yesterday as the House voted, 304-120, to adopted the measure. (See Bulletin Vol. 4, No. 21 for further discussion of the House and Senate defense bills). The legislation would authorize $268 billion in fiscal year 1998, $2.6 billion more than the Administration's budget requested. Prior to adoption, the House considered a battery of amendments to the bill. Of special significance to California was the defeat of an amendment cutting funds for the B-2 stealth bomber. Earlier this month, the House National Security Committee decided to revitalize the B-2 bomber program with a $331.2 million increase over the President's request. The funding boost would keep the B-2 production lines open and retain the future possibility of adding nine more aircraft to the stealth fleet. On Wednesday, the House considered an amendment, sponsored by Rep. Ron Dellums (Oakland) and Rep. John Kasich (OH), which would have stripped additional funding for the program. The amendment was defeated by a 209-216 vote. Nearly two- thirds of the California delegation (35 members) opposed the amendment. Given the Senate's prohibition of additional B-2 spending, the future of stealth bomber funding remains unclear and must await resolution in the House-Senate conference committee. The House also voted, 145-278, to leave in the bill language which would effectively kill plans to privatize depot work at Kelly Air Force Base (Texas) and McClellan Air Force Base (Sacramento). Instead, depot operations for the bases would be performed at military depots still open in other states. Diversion of depot work to out-of-state locations could cost the Sacramento area as many as 2,200 McClellan jobs which could otherwise have been transferred to private industry. A similar provision was removed from the Senate version of the Defense Authorization bill before moving to the floor. The Administration has threatened to veto any legislation containing a prohibition on the contracting out of maintenance work at the two bases. The National Defense Authorization Act also contained the formal authorization language for the National Ignition Facility (NIF) at Lawrence Livermore National Laboratory in California. NIF is a high powered laser optics facility which will be the centerpiece of the nation's stockpile stewardship program, which manages the safety, reliability, and performance of the U.S. nuclear weapons stockpile in a test ban environment. The bill authorizes $229 million for FY98, the full amount requested by the Administration. According to Rep. Ellen Tauscher (Livermore): "With each successive victory in Congress we are building momentum that will ultimately result in the construction of the NIF at Lawrence Livermore." Despite the wide margin of passage, the defense measure is susceptible to a Clinton veto. In addition to the provisions affecting military depots, the Administration is troubled by the language limiting funding for troops in Bosnia and cutting funding for DOE environmental clean-up projects. HOUSE BACKS CONTINUED MOST-FAVORED NATION STATUS FOR CHINA By a vote of 173-259, the House on Tuesday rejected a motion to deny China Most-Favored Nation trading status for the upcoming year. The vote to support continued MFN for China followed the Ways and Means Committee action last week to uphold the President's decision to extend MFN for another year. Opponents of extending MFN have argued that the U.S. can no longer sanction China's continued disregard for human rights, arms proliferation, and intellectual property protection for U.S. products. Advocates, on the other hand, insist that the only way to get China to respond to U.S. demands is to continue to trade with the country, and use that leverage to bring about democratic changes. HOUSE VOCATIONAL-TECHNICAL EDUCATION ADVANCES BY SLIM MARGIN On Wednesday, by a 20-18 vote, the House Education & the Workforce Committee reported out H.R. 1853, which rewrites the $1.3 billion federal vocational and technical education program and changes its distribution formula. At present, 70 percent of voc-tech funds are distributed according to poverty data -- the formula proposed by the House Committee would lower the poverty- based share to 50 percent. In addition, the bill's formula would require that 10% of funds be set aside for schools in rural areas. Since California presently has an above-average poverty rate and has the second lowest percentage of residents living in rural areas, both these changes may work somewhat to California's disadvantage. However, many suburban school districts could benefit, and the state's growing young population will continue to cause overall funding increases. An effort to delete the rural set-aside by Rep. Donald Payne (from New Jersey, which is the nation's least rural state) lost by a 16-20 margin. And an effort to raise the formula's poverty percentage back up from 50 percent to 60 percent offered by Rep. Marty Martinez (Monterey Park) also failed narrowly. A Democratic substitute amendment, also offered by Martinez, lost 18-19. ENCRYPTION BILL CONTINUES TO MOVE FORWARD IN HOUSE; SENATE DELAYS HEARING BECAUSE OF FLOOR SCHEDULE The House International Relations Subcommittee on International Economic Policy and Trade marked up H.R. 695, the Security and Freedom Through Encryption (SAFE) Act, which would allow for the expanded export of U.S. encryption products (See Bulletin Vol. 4, No. 17). During the markup, Rep. Robert Goodlatte (VA), the bill's sponsor, indicated that H.R. 695 now has 133 co-sponsors in the House. The Subcommittee favorably reported the bill out by a vote of 14-1, after approving by voice vote a substantially technical amendment that would ensure that such products as customized software, and encryption-ready software were covered by the bill's liberalized rules for export. The amendment was sponsored by Reps. Ileana Ros-Lehtinen (FL.), Chair of the Subcommittee, Sam Gejdenson (CT), the Subcommittee's Ranking Minority Member, and Tom Campbell (Campbell). The full International Relations Committee is expected to mark up the bill the week of July 7. The House Judiciary Committee approved those provisions of the bill over which it had jurisdiction on May 14. On the other side of Capitol Hill, the Senate Judiciary Committee postponed its hearing on similar legislation, because of the Senate's busy floor schedule dealing with the reconciliation bills. The hearing is expected to be rescheduled after the Fourth of July recess. APPROPRIATORS SUPPORT FULL FUNDING FOR NADBANK The Senate Appropriations Committee and the House Appropriations Subcommittee on Foreign Operations both have voted to include the full $56.5 million for the North American Development Bank. NADBank was created under NAFTA to finance environmental clean-up projects along the U.S.-Mexico border. Border clean-up projects in Southern California will be at least partially financed through the bank. The full House Appropriations Committee will take the bill up shortly after the Fourth of July recess, and is expected to support the full funding level, even though it cut about 10 percent from the program last year. Under the agreement between the U.S. and Mexico, Mexico matches the U.S. funding and can reduce its matching funds by an equal amount if U.S. funding is reduced. Rep. Esteban Torres (La Puente) has championed NADBank in the House over the last several years and has successfully pushed for its funding. HOUSE AND SENATE CONTINUE TO MOVE FORWARD ON RECONCILIATION BILLS; IMMIGRANT PROVISIONS AND TANF GRANT NOT YET RESOLVED The House and Senate this week both passed the budget-cutting parts of the two reconciliation bills that is intended to implement the budget deal negotiated with the Administration. The Senate approved its version (S. 947) on Wednesday by a vote of 73-27, and the House followed shortly thereafter with an approving vote of 270-162. Most details in the bill remain the same as those previously reported (See Bulletin Vol. 4, Nos. 16 & 18-21). The Senate, however, did approve an amendment on the floor on Wednesday to allow legal immigrants in the country as of last August to be eligible for Supplemental Security Income disability benefits if they become disabled at any point in the future. Initially, the Senate's bill would only have allowed benefits for those immigrants in the country as of last August who apply for disability before September 30, 1997. The House bill would still cut off all benefits for any immigrant not in the country as of last August, although it would allow both elderly and disabled immigrants receiving benefits as of last August to continue to receive those benefits (See Bulletin Vol. 4, No. 20). The House-passed version of the bill reportedly contains both the Ways and Means Committee's version and the Education and the Workforce Committee's versions of a new welfare-to-work grant being created under the Temporary Assistance for Needy Families (TANF) program, rather than selecting a single version to support. The House Education version provides the most funding to California because it would allot nearly all funds via formula grant and the allocation method would more closely reflect the actual needs of current welfare recipients. The Senate and House are now considering the tax-reduction portions of the budget reconciliation measures, and expect to pass those bills before adjourning for the Fourth of July recess at the end of this week. Details on the tax-reduction bills can also be found in the previous Bulletins noted above. STATE LEGISLATURE'S CONFERENCE COMMITTEE UNVEILS WELFARE STRATEGY Moving one step closer to formulating a comprehensive plan to create a massively reformed state-based welfare program, the eighteen person, joint Assembly and State Senate Conference Committee came to a mutual agreement on Thursday, June 19, on the framework for the new program. Among the key components of the Committee's welfare reform proposal are provisions to: * Permit counties to issue a one-time emergency payment of up to three months of benefits in order to divert a family from going on aid for the long term. * Allow counties, at their option, to create an alternative to welfare by guaranteeing employed custodial parents a child support payment. * Vary the time limit for aid based on a parent's need for training or support services. Those requiring training to improve job skills would have a three-year limit on aid at any one time. Those requiring significant treatment or services in addition to training would have a five-year lifetime limit. After 2 years of training -- or 2½ years if in treatment and training -- if no job is found, recipients must work in a public service or community service job. * Maintain the current COLA adjusted level of grants ($565 for a family of three). * Provided that the Wellstone Amendment is adopted by Congress, the welfare reform law allows counties to exempt domestic violence victims from specific requirements as long as necessary. * Adopt a "work first" model of immediate job search with follow-up services if the parent is still unemployed after three months. * Require that a contract be developed and signed by the parent and the county detailing the obligations of both the county and the recipient regarding work activities and support services, including specific hourly requirements. * Provide Medi-Cal benefits for recipients who leave assistance for one year -- or two years if the state receives the required federal waiver -- and simplify the procedures to enroll in Medi-Cal and create a new form to provide information on monthly status. Despite the Conference Committee's consensus report, the debate over welfare reform is far from over. The Conference Committee -- chaired by Assemblywoman Dion Aroner (Berkeley), Assemblywoman Denise Moreno-Ducheny (San Diego), Senator Mike Thompson (St. Helena) and Diane Watson (Los Angeles) -- and Governor Wilson remain far apart on many reform components, most notably the time limit. Some observers expect the measure will be rejected on the floor and will be returned to conference to add provisions more to the liking of Republican lawmakers and the Governor. To receive a summary of the Welfare Reform Conference Committee's report, contact the Assembly Human Services Committee at (916) 445-0664. $50 MILLION IN DISASTER RELIEF RELEASED TO CALIFORNIA On Friday, June 20, Transportation Secretary Rodney Slater announced that he had released $50 million in Federal Highway Administration (FHWA) emergency relief funds to help reimburse California for damaged roads, highways, and bridges inflicted by the massive flooding that occurred over the winter. The $50 million disbursement was provided in response to Governor Wilson's February 13th request for federal financial assistance (See Bulletin Vol. 4, No. 5) to reimburse the state for already completed work performed in Humboldt, Shasta, Marin, San Luis Obispo, and Mono Counties as well as for restoration work commencing on the Route 101 Salinas River bridge near Soledad in Monterey County. The current $50 million FHWA disbursement is the third and largest federal disaster relief allotment made to California, bringing the total FY 1997 amount of disaster relief aid to $100 million. In his budget proposal (See Bulletin Vol.4, No. 4), the President pledged $44.7 million for immediate flood relief and levee upgrades along 13 miles of the American and Sacramento Rivers and another $7 million along the San Mateo Creek. In addition, $2.5 million was designated for appropriation for reconstruction in Humboldt Harbor and another $200,000 for the San Lorenz River. It is expected that this recent allocation will be used for these projects. BAY-DELTA DELEGATION LETTER GARNERS 48 SIGNATURES Forty-eight members of California's fifty-two member House delegation have signed onto a letter to House Appropriations Subcommittee on Energy and Water Development Chairman Joseph McDade, urging his support for fully funding this year's federal participation in the effort to restore the San Francisco Bay-Delta water estuary. The CALFED Bay-Delta Program is a cooperative effort involving representatives of Federal and state agencies, and agricultural, urban, and environmental interests. The coalition has been working together to develop a long-term plan to restore the ecological health of the Bay-Delta estuary while improving the management of water for beneficial uses. The estuary is the largest on the West Coast and provides drinking water for more than 20 million people, is home to 53 distinct species of fish and migratory birds, and provides irrigation water for 200 crops, including 45 percent of the nation's produce. There is concern that because of the spending cuts required to implement the negotiated budget deal, federal funding for the Bay-Delta project may be in jeopardy despite its historically strong support. The President's February budget proposal (See Bulletin Vol. 4, No. 4) requested the first installment of $143 million in federal funding for the Bay-Delta project. That disbursement stemmed from Congress' previously authorized total of $429 million in federal funding during the 104th Congress. In addition to the federal support, the Bay-Delta estuary project will be supplemented by a nearly $1 billion bond issued by California voters last November. REP. LEWIS SPEAKS TO CALIFORNIANS IN WASHINGTON Rep. Jerry Lewis (Redlands) addressed the Golden State Roundtable at a lunch this week. Rep. Lewis recalled many of the changes he has experienced in his 19 years in Congress and lauded the spirit of civility and nonpartisanship that was urged during the bipartisan meetings in Hershey, PA earlier this year. In that vein, he stated that as Chairman of the Appropriations Subcommittee on VA, HUD, and Independent Agencies, he has called on all of the Executive branch agencies under his subcommittee's jurisdiction to aid him in identifying programs where funding should or should not be reduced. Rep. Lewis also applauded this year's efforts by the California delegation to identify and act on bipartisan issues that benefit California, and thanked fellow delegation chair Rep. Lucille Roybal-Allard for her participation in their joint efforts. Stating that the interests of California must come first, he pointed out that when partisan politics does not come into play, the ability of the 52-member delegation to promote California's needs is tremendous. HOUSE PANEL HOLDS HEARING ON IMMIGRATION LEGISLATION On Wednesday, the House Judiciary Subcommittee on Immigration and Claims held a hearing on immigration legislation pending before the panel. Among the legislation considered was a measure introduced by Rep. Brian Bilbray (San Diego), H.R. 7, which would deny citizenship at birth to children born in the U.S. to parents who are not citizens or permanent resident aliens. The legislation is prospective in nature and would not change the citizenship status of children already born. Automatic citizenship, under Bilbray's proposal, would be granted only to children whose parents are married, when at least one of the parents is a citizen, national, or permanent resident. If the child is born out of wedlock, the mother must meet the above requirements for the child to gain citizenship automatically. Bilbray argued that the current law creates an undesirable incentive for illegal immigrant women to come to the U.S. in order to secure social service benefits. A Justice Department witness argued that the bill is "unconstitutional on its face" and that the changes proposed in the bill would require a Constitutional amendment. In addition, the panel heard testimony on H.R. 1428, a measure introduced by Rep. Steve Horn (Long Beach) aimed at limiting voter fraud. The bill would allow local election officials to contact the Social Security Administration and the Immigration and Naturalization Service to verify the citizenship of an individual submitting a voter registration application. The bill does not require that election officials use the verification process, and contains restrictions aimed at preventing discrimination and privacy violations. In his remarks before the panel, Rep. Horn noted that "the only turnout this bill will hurt is the turnout of fraudulent votes. The legislation strikes a vitally needed balance between protecting our elections from fraud and the right of every citizen to vote." ---------------------------- To expand communications between Washington and California, the California Institute provides periodic faxed bulletins regarding current activity on Capitol Hill which directly impacts our state. Bulletins are published weekly during sessions of Congress, and occasionally during other periods. The e-mail edition is made possible in part by a computer server donation from Sun Microsystems. ______________________________________________________________ Tim Ransdell, California Institute for Federal Policy Research 419 New Jersey Ave., SE, Basement Level, Washington, DC 20003 Voice: 202-546-3700 -- Fax: 202-546-2390 -- Cell: 202-288-6598 -- Home: 301-773-4078 -- Website: ______________________________________________________________