Government Executive - Authors - Lori Sharn

Bush to reinstate contractor wage law in Gulf Coast states

Emily Heil and Lori Sharn — Wed, 26 Oct 2005 00:00:00 -0400

Rep. Peter King, R-N.Y., said White House Chief of Staff Card told the lawmakers about the decision. "We thought it was bad policy and bad politics, and I guess they accepted our argument," King told the Associated Press. King was part of a group led by Reps. Frank LoBiondo, R-N.J., and Steven LaTourette, R-Ohio -- co-chairmen of the Republican Working Group on Labor -- that met with Card.

Bush in September suspended provisions of the 1931 law, which sets wages for employees on federal contracts. While the administration contended the move would cut rebuilding costs and open opportunities to minority-owned companies, unions and other critics said it would result in lower pay for workers.

The announcement prompted the House Transportation and Infrastructure Committee to postpone its scheduled consideration today of a resolution co-sponsored by LoBiondo and LaTourette calling for disclosure of all hurricane-related federal contracts.

"I suggested to the White House that they give us a time [when the act will be reinstated] or reinstate it," Transportation and Infrastructure Chairman Rep. Don Young, R-Alaska, said after postponing the vote.

Young said if the administration had not relented, he would have brought the resolution to a vote next week and that it "absolutely" would have passed.

Democrats have introduced legislation in the House and Senate to overturn Bush's suspension of the law. Meanwhile, a Congressional Research Service report Tuesday questioned whether Bush's proclamation waiving the law was valid, since it was issued without a declaration of national emergency.

"A strong argument could be made that the proclamation does not comply with the NEA's requirements," said the CRS report, referring to the National Emergencies Act. But the report is inconclusive, stating that although there was no declaration of emergency, "the proclamation ... would appear to generally satisfy the act's substantive and procedural requirements."

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Subcommittee approves $82.8 billion Veterans Affairs bill

Lori Sharn — Wed, 20 Jul 2005 00:00:00 -0400

A Senate Appropriations subcommittee voted Tuesday to appropriate $82.8 billion for the Department of Veterans Affairs and military housing and construction in fiscal 2006, including $2 billion in emergency health care funding for veterans.

The Military Construction and Veterans Affairs Subcommittee approved roughly $3.3 billion more than originally requested by President Bush. The full committee is scheduled to consider the legislation Thursday. It will then go to the Senate floor, where it will be substituted for H.R. 2528.

The biggest chunk of the bill is $70.7 billion for the Department of Veterans Affairs. Spending for military construction and housing is set at $12.1 billion.

The White House sent an amended budget request last week, seeking an additional $1.9 billion for veterans' health care in FY06. That is on top of shortfalls of $1 billion or more recently revealed for FY05. The Senate and House are still deciding how much should be appropriated as supplemental funds for fsical 2005, most likely in the Interior appropriations bill.

Subcommittee Chairman Sen. Kay Bailey Hutchison, R-Texas, said the full $1.9 billion for emergency health care funds for FY06 in her subcommittee's bill could decrease, depending on how much in supplemental funds is approved for FY05. Together, additional funds for the two years would total $3 billion, she said.

Sen. Patty Murray, D-Wash., said she will be talking to the Office of Management and Budget over the next several weeks to determine how the budget crisis happened.

"It is astonishing to me that the VA has failed four times now to recognize the number of troops returning from Afghanistan and Iraq," Murray said. "I fear that we're going to face this...six months down the road completely not understanding exactly what the numbers are at VA. I for one have lost confidence in the numbers."

For the Veterans Affairs, the committee approved mandatory $36.6 billion in mandatory spending, equal to the administration's request and $1.5 billion above fiscal 2005.

It voted to approve $34.0 billion in discretionary spending, including the $2.0 billion in emergency health care funding. That is $1.2 billion above the administration's amended request, and $3.3 billion over fiscal 2005 and $2.6 billion over the appropriations bill passed by the House in May.

Veterans Affairs discretionary funding includes $23.3 billion for medical services, which is $3.9 billion above fiscal 2005 and $2.3 billion above the House mark. It includes additional money to compensate for savings Bush sought to gain - and the subcommittee rejected - charging veterans fees, increasing drug co-payments and changing eligibility requirements for long-term care. The proposed budget would have implemented an annual $250 enrollment fee and increase the drug co-pay from $7 to $15 for non-disabled, higher income veterans.

Discretionary spending also includes $1.4 billion for information technology, $3.3 billion for medical facilities, $607 million for construction of major projects and $412 million for medical and prosthetic research.

Total military construction is set at $5.9 billion, or $549 million above the president's request and $285 million above last year. Another $4.1 billion is included for family housing, $108 million below the President's request but $59 million above last year.

The subcommittee also approved $1.5 billion for realigning and closing military bases, $376 million below the administration request. The bill bars the Defense Department from diverting funds from bases scheduled for closure to other projects without congressional approval.

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House panel votes to strengthen whistleblower protections

Lori Sharn — Thu, 30 Sep 2004 00:00:00 -0400

The Whistleblower Protection Enhancement Act (H.R. 3281) passed the committee by a voice vote. The Senate Governmental Affairs Committee passed similar legislation (S. 2628) July 21.

Rep. Todd Platts, R-Pa., offered a substitute he said was a compromise. "Although [it] does not contain all the provisions I had hoped for, it is a solid step in the right direction," said Platts, whose amendment passed by voice vote. "I think while there can be an effort to pursue other aspects in addition to what this bill does, that doesn't take away from what is good in this bill."

Platts said loopholes developed in the original 1989 Whistleblower Protection Act as it was interpreted by the Merit Systems Protection Board and the Federal Circuit Court. He said replacing the "irrefragable" standard for proof of government corruption with a "substantial evidence" standard would help protect government whistleblowers.

The bill approved Wednesday clarifies congressional intent that "any" whistleblower disclosures includes those "without restriction to time, place, form, motive, context or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee's duties."

The legislation prohibits retaliatory investigations of employees, and require a Government Accountability Office study to determine how often security clearances have been revoked in retaliation for whistleblowing.

"There may be some other things we may want to look at, but that does not diminish the importance of this bill," Platts said. "We think the burden of proof that we've put in the bill is a balance of responsible burden of proof and will better service the best interests of the American public and will allow legitimate whistle blowers to come forward and be protected against retaliation."

Platts said he looks forward to working with the sponsors of the senate bill in conference committee to resolve the issue.

However, Tom Devine, director of the Government Accountability Project, a leading whistleblower organization, said Platts' amendment has a fatal flaw in that it does not give whistleblowers access to the federal appeals courts and does not prevent whistleblowers from being stripped of their security clearances.

"Without structural reform it is only a temporary stopgap. The law's fatal flaw since passage has been minor league due process rights for enforcement, because whistleblowers do not have normal access to court," Devine said in news release. "The Senate committee approved a cure. The House committee approved a band aid."

-- Daniel Pulliam of Government Executive contributed to this report.

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House GOP quashes effort to bypass leadership's intelligence reform plan

Greta Wodele and Lori Sharn — Wed, 29 Sep 2004 00:00:00 -0400

House Government Reform Chairman Tom Davis, R-Va.; Financial Services Chairman Michael Oxley, R-Ohio; Transportation and Infrastructure Chairman Don Young, R-Alaska; and Judiciary Chairman James Sensenbrenner, R-Wisc., all cited jurisdictional concerns in rejecting the amendments offered in their committees.

"I really have no choice," said Davis.

But Rep. Christopher Shays, R-Conn., who tried to offer the bill he introduced with Rep. Carolyn Maloney, D-N.Y., incorporating the Commission's recommendations, said Davis' ruling confirmed the Commission's findings.

"The same, narrow, turf-conscious House rules the [9/11 Commission] unequivocally said must change prevent our consideration of the Commission's broader reorganization proposals," he said at the Government Reform markup.

At the Financial Services markup, Maloney said, "At the very least, we should support a clean, up-or-down vote on the Collins-Lieberman bill," referring to the Senate version of the Shays-Maloney bill introduced by Governmental Affairs Chairwoman Susan Collins, R-Maine, and ranking member Joseph Lieberman, D-Conn. Shays said the House GOP leadership bill reflects "a lack of deference, or even reference, to the Commission's recommendations."

Even before House committees began their markups of provisions of the GOP leadership's bill, House Democrats announced their intent to push for votes on the bipartisan Collins-Lieberman and Shays-Maloney bills because they said Republicans had denied them a role in the legislative process.

"On the single, most important issue to the country Democrats have been shut out," said House Democratic Caucus Chairman Robert Menendez of New Jersey.

"It appears we may not, at any level, get a chance to vote on" the 9/11 Commission's recommendations, said Financial Services ranking member Barney Frank, D-Mass., at today's House Financial Services Committee markup. "That is both substantively and procedurally wrong."

Minority Whip Steny Hoyer, D-Md., said GOP leaders made "no effort" to reach across party lines.

A few Republican committee chairmen are working this week with ranking Democrats on the panels marking up the House Republicans' bill, and the egislation includes certain bipartisan provisions. However, Minority Leader Nancy Pelosi, D-Calif., said Democrats would attempt to offer those amendments despite the realization that "they probably will not prevail." Pelosi said Democrats would follow the same strategy during House floor debate next week.

Menendez called on Republican leaders to craft a rule that would allow "open" and "full" debate.

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Interior agencies win backing from House panel to recruit volunteers

Lori Sharn — Thu, 15 Jul 2004 00:00:00 -0400

The legislation opens up the Bureau of Indian Affairs, the U.S. Geological Survey, the Bureau of Reclamation and the Office of the Secretary to volunteer assistance. Volunteer programs already exist in some other Interior agencies, including the National Park Service, U.S. Fish and Wildlife Service and Bureau of Land Management.

The committee approved a substitute amendment for H.R. 4170 by unanimous consent. The substitute, offered by Chairman Richard Pombo, R-Calif., reduced the number of agencies that would be permitted to recruit volunteers from the original legislation.

Ranking member Nick Rahall, D-W.Va., had expressed concern about the use of volunteers in regulatory and legal matters. The agencies dropped from the legislation are the Office of Surface Mining, the Minerals Management Service and the Office of the Solicitor.

The amended bill was passed by unanimous consent. The committee also approved 28 other bills by unanimous consent and two by voice vote.

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Plan to recruit nurses to VA jobs wins backing

Lori Sharn — Fri, 14 May 2004 00:00:00 -0400

The Subcommittee on Health also approved more flexible work schedules to attract and keep nurses. The new alternate work schedules would include work weeks of three 12-hour days, seven 10-hour days over two weeks, and full-time for nine months with three months off.

The Department of Veterans Affairs Nurse Recruitment and Retention Act of 2004 (H.R. 4231) is the latest bill over many years aimed at addressing a nationwide nursing shortage and its impact on VA facilities. A substitute amendment was passed by a unanimous voice vote.

The legislation directs the VA secretary to conduct a pilot program using proven private-sector recruitment practices in a region or section of the country particularly affected by the nursing shortage. The practices to be reviewed should include employer branding, Internet technologies and the use of recruitment, advertising and communication agencies.

The bill also includes a controversial provision that bars the VA from requiring registered nurses to have baccalaureate degrees in nursing in order to be hired. The VA says it has no such requirement, but at a May 6 hearing, witnesses said registered nurses without baccalaureate degrees are discouraged from applying for VA jobs.

Subcommittee Chairman Rob Simmons, R-Conn., said the panel wrestled with the issue and made a decision. He said it's possible the degree issue will come up again in the full committee markup next week.

"At a time when there's an urgent need to get more people into nursing, and a shortage of nurses at the VA, why set this arbitrary academic standard which serves as a barrier to admission? That doesn't make any sense to us," Simmons said.

The bill also includes payments to assist state veterans' homes in recruiting and retaining nurses.

The top job at the Veterans Health Administration would no longer need to be a doctor of medicine, under the legislation. Any qualified professional in the health care field could be undersecretary for health.

The legislation does not change how the how the undersecretary for health is chosen, however. The process now requires a formal search commission and can take up to 18 months. At the May 6 hearing, veterans' service organizations objected to a draft bill changing the commission to advisory status.

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Senate panel OKs $4.5 billion to ramp up transit security

Lori Sharn — Thu, 06 May 2004 00:00:00 -0400

The bill clarifies that transit security would be handled by the Department of Homeland Security. Until now, much of the efforts to improve transit security since 9/11 have come through the Federal Transit Administration, which would remain involved in the process.

The Public Transportation Terrorism Prevention Act of 2004, which quickly passed by a voice vote, would authorize $3.5 billion for capital improvements, $800 million for operational improvements, and $200 million for research in FY 2005. Another $700 million would go to operational improvements in FY 2006 and FY 2007.

"We just have to look around the world to see that this is a target favored by terrorists," said Jack Reed, D-R.I.

Rail and transit security has taken on a new sense of urgency since the March 11 train bombings in Madrid killed 191 people, and Congress is starting to respond. The Senate Commerce Committee voted April 8 to authorize $1.2 billion for rail security over 5 years. The House Railroads subcommittee held a security hearing Wednesday.

While the Senate Commerce bill addresses security on Amtrak and freight railroads, the Banking Committee legislation would cover other transit systems, including subways, light rail lines, and city buses.

Fourteen million people use these public transportation systems every day in the United States. Yet, according to the Banking Committee's bill, the federal government has invested only $0.006 in security per public transportation passenger, compared with $9.16 per aviation passenger. The American Public Transportation Association recently identified $6 billion in critical security needs.

"The challenge is to heighten the level of security while still maintaining a basic level of accessibility that a system open to the public requires," said Banking Committee Chairman Richard Shelby, R-Ala.

This bill, Shelby says, "puts that difficult task in the hands of the experts at the Department of Homeland Security," though the FTA will remain involved in the process on a consultation basis.

Under the bill, the Department of Homeland Security would become responsible for determining the threat level for bus and rail systems. DHS would establish security improvement priorities and then award grants directly to public transportation agencies. Capital grants could be used for communications and surveillance equipment, public address systems, vehicle tracking equipment, canine units and other bomb and chemical detection technology. Operational grants could be used for employee training, evacuation drills and public awareness campaigns.

Within 60 days after the bill becomes law, Transportation and Homeland Security departments would enter into a memorandum of understanding clarifying their security roles and responsibilities. The bill also directs the Secretary of Homeland Security to ensure that the Transportation Department is notified of any credible threats against public transportation, and to fully fund the Information Sharing and Analysis Center for Public Transportation.

Shelby said finding the money for the legislation will be a challenge. "Look at what happened in Spain," Shelby said. "We have no alternative," he added.

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Senate panel boosts Coast Guard acquisition effort

Lori Sharn — Fri, 01 Aug 2003 00:00:00 -0400

The committee authorized $702 million for Deepwater in fiscal 2004, the same amount appropriated by the Senate last week. That's enough money to put the underfunded fleet modernization program back on track, says bill sponsor Sen. Olympia Snowe, R-Maine. However, the House has appropriated $530 million for Deepwater, and the administration requested just $500 million.

The bipartisan bill (S. 733) also authorizes $70 million to analyze port security plans. Another $134 million will go to Rescue 21, the Coast Guard's effort to modernize its system to receive and respond to distress calls from boats and ships.

The Coast Guard Authorization Act of 2003 passed on a voice vote. The committee also quickly approved a substitute amendment for the original bill after a brief introduction by Snowe.

Snowe said the bill represents a 15 percent increase over last year's authorization. She said the Coast Guard needs enough money to carry out its traditional missions-including search and rescue and fisheries law enforcement-in addition to its homeland security duties.

An analysis by the General Accounting Office shows fisheries enforcement has declined 38 percent since 1998 and drug interdictions 60 percent.

The bill authorizes Coast Guard funding and personnel for two years. However, there were no numbers in the legislation for fiscal 2005. Snowe said she would work with other senators and the administration to come up with specific numbers before taking the bill to the floor.

In fiscal 2005, Snowe hopes to begin accelerating the Deepwater program, the $17 billion plan to build new ships and planes. Completing the program in 10 years instead of 20 could save $4 billion, according to a Coast Guard feasibility report.

In June, the House Transportation and Infrastructure also authorized more than $7 billion for the Coast Guard, including $702 million for Deepwater. The legislation (H.R. 2443) has not yet gone to the full House.

The bill approved Thursday authorizes a Coast Guard strength of 45,500 active duty military personnel, no change from the current authorization. However, it would authorize 900 more officers, for a total of 7,100.

Several provisions are aimed at recruiting and retaining personnel. They would give bonuses of up to $20,000 for training in a critical skill, allow enlistments that are not for full years, and expand the Coast Guard's authority to ease housing shortages.

The bill would also:

Authorize $36 million for three additional marine safety and security teams.
Authorize $40 million for the automatic identification system.
Eliminate the need to fire a warning shot before using disabling fire, when use of a warning shot is not practical or safe.
Change the mandatory retirement age for Coast Guard officers from 62 to 60, bringing the retirement age in line with other services.
Ensure that foreign vessels carrying U.S. passengers meet the same safety standards as U.S. vessels.
Convey three decommissioned Coast Guard cutters to local nonprofit groups in Port Huron, Mich., Sherman Oaks, Calif., and Duluth, Minn.
Name a cove in Alaska for Eric Steiner Koss, a crew member on a NOAA ship who died last year when the small launch he was piloting in Prince William Sound capsized.
Amend the National Historic Preservation Act to ensure that lighthouses conveyed to nonprofit groups in the past remain protected. The bill directs the Secretary of the Interior to review the sale or transfer of lighthouses to ensure that the new owners comply with the original conveyances.

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House panel approves military-civilian pay parity for 2004

Lori Sharn — Thu, 24 Jul 2003 00:00:00 -0400

Civilian federal employees, including blue-collar workers, will get a 4.1 percent pay increase in 2004 to match military raises, under a spending bill amendment approved by the House Appropriations Committee Thursday.

"If we don't do this, then we lose some of our best employees," said Rep. James Moran, D-Va. "We may not see it overnight, but more than half the federal workforce is eligible to retire in the next three to five years. We ought to at least provide parity between the military and civilian personnel."

The amendment-which was also offered by Reps. Steny Hoyer, D-Md., and Frank Wolf, R-Va.-passed by a voice vote. It is expected to go to the House floor in September as part of the Transportation and Treasury appropriations bill.

Rep. Ernest Istook, R-Okla., opposed the measure because it would add more than $2 billion in spending at a time the federal government faces a deficit of $450 billion. Istook distributed a chart showing that since 1996, federal civil service pay has risen at a higher rate than both the cost of living and Social Security payments.

"I'm not opposed to adjusting pay to federal workers. The president has a responsible proposal," Istook said. President George Bush has proposed a 2.0 percent increase for civilians in fiscal 2004.

The parity measure includes blue-collar workers in pay parity efforts for the first time. Hoyer said in a statement that these workers include munitions operators, instrument mechanics and other skilled craft and trade employees. "Our nation depends on these workers to maintain our planes, ships, tanks and weapon systems in at constant states of readiness."

The committee also discussed two other amendments to the bill that would affect federal workers-one on locality pay, which was withdrawn, and another on privatization, which passed by a voice vote.

Rep. Sam Farr, D-Calif., said the Office of Management and Budget issued a directive adjusting the nation's Metropolitan Statistical Areas. The changes include redefining boundaries and creating new "micropolitan" statistical areas. Farr warned that these changes could have drastic effects on locality pay.

"This is fundamentally changing the entire criteria," Farr said. "You're changing the whole map of the United States in one fell swoop."

Farr said his amendment would delay any changes for a year to give the Federal Salary Council more time to examine the impact of using the OMB's new definitions on the workforce. But Farr agreed to withdraw the amendment after Istook agreed to work with him on the issue.

Moran complained about the "arbitrary nature" of privatizing federal jobs, and about the millions of dollars spent on outsourcing studies. He offered an amendment that would require agencies to prepare annual reports for Congress on the number of employee studies for competitive sourcing, and the cost to the agency to carry out the programs. The amendment passed by a voice vote.

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House panel approves fiscal 2004 Labor-HHS approps bill

Lisa Caruso and Lori Sharn — Thu, 19 Jun 2003 00:00:00 -0400

Preferring to voice their objections rather than amend a bill they oppose, Democratic members of the House Labor-HHS Appropriations Subcommittee Thursday highlighted what they see as deficiencies in the $138 billion fiscal 2004 Labor-HHS appropriations bill the panel reported out on a 11-7 party-line vote.

Appropriations ranking member David Obey, D-Wis., led the charge, saying that Democrats wanted people "to see clearly what this bill does as a consequence of [the Republican-led Congress'] tax-cutting binge." Obey added that it was only fitting that the subcommittee was voting on the fiscal 2004 Labor-HHS spending bill one day after the House "voted to use up $800 million" to repeal the estate tax, a move "that cost us critical reductions in programs [in the Labor-HHS bill] that help working families. We're stiffing an awful lot of good people today."

The bill, which represents a roughly 3 percent increase over the fiscal 2003 level of $132.4 billion, will go to full-committee markup Wednesday. The $138 billion bill also provides a small increase over the president's fiscal 2004 budget request of $137.99 billion. Labor-HHS Appropriations Subcommittee Chairman Ralph Regula, R-Ohio, called the measure a "well-balanced bill," adding, "We've done the best we could with the hand that was dealt us." But Minority Whip Steny Hoyer, D-Md., said: "Our side does not agree with the trade-offs you've made. ... You're cutting our ability to collectively take care of our country."

Obey and Reps. Nita Lowey, D-N.Y., and Rosa DeLauro, D-Conn., ran down the litany of program cuts and funding shortfalls to which they objected. Those included: $8 billion less for No Child Left Behind than authorized by law; Title I funding for the disadvantaged, $334 million short of what was promised in the fiscal 2004 budget resolution; $1.2 billion less than promised in the budget resolution for special education; a freeze in the maximum Pell grant; a 2.5 percent increase over last year for the National Institutes of Health, compared to last year's 15 percent increase over fiscal 2002; a $150.8 million cut from last year's level for community service block grants; and $200 million less than the president requested for the Low Income Home Energy Assistance Program.

Meanwhile, the House Legislative Branch Appropriations Subcommittee Thursday approved a $2.7 billion fiscal 2004 spending bill under which all legislative agencies will get less money next year-but no staff positions will be cut and cost-of-living and other pay-related cost increases will be fully funded.

The $2.7 billion bill, to which Senate spending will be added later, is $34 million less than enacted in fiscal 2003, a drop of 1.2 percent. It is 10 percent and $290 million lower than the budget request. The measure has wide bipartisan support and passed on a voice vote.

The Capitol Police will not get any more officers, but remain at the current staff level of 1,895. That is an increase of 512 positions since the terrorist attacks of Sept. 11, 2001, but the committee was wary of further growth in the force without a better evaluation of how many officers are needed. In response to growing concern about costs for the Capitol Visitors Center, the bill does not fund any new major construction projects through the architect of the Capitol.

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House panel boosts Coast Guard acquisition funds

Lori Sharn — Thu, 12 Jun 2003 00:00:00 -0400

The Coast Guard will get $702 million next year for its Deepwater acquisition program, under an authorization bill approved by the House Transportation and Infrastructure subcommittee Thursday. That's $202 million more than the administration requested.

Coast Guard and Maritime Transportation Subcommittee Chairman Frank LoBiondo, R-N.J., said he would like to restore the money needed to get Deepwater back on track, and even accelerate it. "It's cost-effective. It's the right thing for the Coast Guard," LoBiondo said. "More importantly, it's the right thing for the nation. It's the right thing for homeland security."

Deepwater is a 20-year, $17 billion plan to build new ships and planes to replace the Coast Guard's aging fleet. The money authorized Thursday would help prevent slippage in the original timeline.

The panel also added $70 million to the Coast Guard budget to review vessel and port facility security plans. These and other additions would boost the Coast Guard authorization to $7.4 billion. The administration requested $6.7 billion for the Coast Guard in fiscal 2004, about 10 percent more than what was appropriated for 2003.

The bipartisan Coast Guard and Maritime Transportation Act of 2003 was quickly approved on a voice vote.

In addition to the Deepwater provisions, the bill would:

Eliminate the need to fire a warning shot before using disabling fire, when use of a warning shot is not practical.
Authorize $39 million for an additional Helicopter Interdiction Tactical Squadron, $80 million for avionics on an already delivered C130-J, and $18 million for altering or removing bridges that are obstructions to navigation.
Change the mandatory retirement age for Coast Guard officers from 62 to 60, bringing the retirement age in line with other services.
Increase penalties for the wrongful manufacture, sale or labeling of recreational boats and for failure to notify of a recall regarding recreational boats.
Allow the Homeland Security Secretary to ban electronic devices from the bridges of vessels that interfere with communication and navigation. Certain marine television antennas can interfere with the performance of Global Positioning System receivers.
Convey the Coast Guard Cutter Sundew, upon its decommissioning, to the Duluth Entertainment and Convention Center Authority.

The bill does not include enhanced law enforcement authority sought by the administration. At a hearing in May, Adm. Thomas Collins said provisions in the administration bill would allow Coast Guard members to make arrests ashore and allow the Coast Guard to use state and local law enforcement agencies to enforce Coast Guard security zones. The committee is still reviewing the request. ]]>

Defense Department offered relief from species laws

Lori Sharn — Thu, 08 May 2003 00:00:00 -0400

The House Resources Committee voted Wednesday to give the Defense Department the relief it has been seeking from laws protecting endangered species and marine mammals.

By moving quickly on the National Security Readiness Act (H.R. 1835) the committee also asserted its jurisdiction over the Endangered Species Act and the Marine Mammal Protection Act. The Defense Department included changes to these and other environmental laws in its fiscal 2004 authorization request. The House Armed Services' Readiness Subcommittee is scheduled to include relief from species protection when it marks up its portion of the DOD authorization bill (H.R. 1588) Friday. The full committee has scheduled its markup for next week.

"While members of this committee may disagree ... whether the military needs these changes, I believe that it is imperative that this committee act on these provisions or we become irrelevant in the process," said Resources Chairman Richard Pombo, R-Calif.

The mostly partisan vote Wednesday was 25-13, with four Democrats voting with the Republicans. On a voice vote, the panel also agreed to reauthorize the Sikes Act (H.R. 1497), which requires military facilities to prepare wildlife conservation plans.

Defense controls nearly 25 million acres that are homes for about 300 threatened and endangered species. As development destroys habitat elsewhere, the sprawling and often pristine military bases have become even more important for the survival of rare species. Defense officials contend that the encroachments by development and wildlife make it harder for conduct training and testing without coming into conflict with environmental laws.

One key provision the Resources panel included in the bill would exempt the military from designating areas as critical habitat for endangered species if a wildlife management plan is in place. Some critics say this guts the Endangered Species Act.

Democrats complained the bill is not needed and goes beyond what Defense requested. "Our troops are prepared, they are well trained, and I salute them. They demonstrated all the above in the recent Iraqi freedom campaign. They did that under current law," said the ranking Democrat, Nick Rahall of West Virginia.

The bill also affects the Marine Mammal Protection Act by changing the definition of harassment and by allowing the Secretary of Defense to get an exemption from the law for up to two years, with additional two-year extensions possible.

Rep. Jay Inslee, D-Wash., questioned whether anything would prevent the military from setting off explosions that could kill all orcas in Washington. The DOD exemption does not require hearings or reviews of military actions.

The changes in harassment terms, as well as the striking of key phrases from the marine mammal act, are relevant to an ongoing lawsuit regarding the U.S. Navy's use of a low-frequency sonar system. In November 2002 a federal district judge issued a preliminary injunction limiting deployment of the sonar system, which the Navy says is a critical component of anti-submarine warfare

A number of changes were made to the bill following a five-hour hearing Tuesday. A provision that would have affected all federal departments and agencies was dropped. A third level of harassment regarding marine mammals was also dropped. Negotiations continued Tuesday night and Wednesday morning. Rahall said the changes improved the bill, but he was still unable to support it.

A divided committee also approved an amendment by Rep. Rick Renzi, R-Ariz., that would limit DOD responsibility for the impact of civilian water consumption on endangered species. Fort Huachuca in Arizona, for example, should not be responsible for reducing water use for people who don't live on the base, he said.

Several Democrats questioned the amendment's impact nationwide, and suggested rewriting it to only apply to Fort Huachuca. The vote on Renzi's amendment was 22-16, with two Democrats joining the Republicans.

An amendment was also approved for the Sikes Act reauthorization on a voice vote. The amendment would require that wildlife plans for military installations on Guam include steps to address the problem of invasive species. Snakes inadvertently brought to Guam in military cargo planes following World War II have devastated some of its native species.

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House panel warns Defense not to outsource environmental jobs

Lori Sharn — Fri, 02 May 2003 00:00:00 -0400

The Subcommittee on Fisheries Conservation, Wildlife and Oceans approved a substitute amendment for the Sikes Act Reauthorization Act of 2003 (H.R. 1497) by a bipartisan voice vote. The panel made only a few small changes to clarify provisions in the existing law, including a Sense of Congress section warning the Defense Secretary against contracting out wildlife biologist jobs.

The Department of Defense controls nearly 25 million acres of land nationwide. Much of it is valuable habitat for fish and wildlife, including nearly 300 threatened and endangered species.

The Sikes Act, as modified by Congress in 1997, requires the Defense Department to complete comprehensive Integrated Natural Resource Management Plans for nearly 400 military installations. In addition to conserving resources for the future, the plans provide for public recreation, including hunting and fishing. The law says that professional trained natural resources personnel should prepare and implement the plans, and carry out other provisions of the act.

The Defense Department has indicated that many of its natural resources positions could be subject to competition from private sector contractors.

While not a moratorium on contracting, the Sense of Congress statement approved Thursday "sends a strong message to the [Defense] Department that Congress does not want these important jobs to be outsourced in the future," said subcommittee chairman Wayne Gilchrest, R-Md.

Some critics complain the Sikes Act lacks language to enforce this employee issue or other provisions of the law.

"A Sense of Congress doesn't do much in the way of protection" against contracting out natural resources jobs, said Dan Meyer, general counsel for Public Employees for Environmental Responsibility. "You don't want somebody out to make a buck for his shareholder ... making critical government decisions."

The bill authorizes appropriations for Title 1 of the Sikes Act at current levels through Sept. 30, 2008 and provides as much as $1.5 million each year for the Defense Department and $3 million for Interior.

The subcommittee also approved by voice vote Thursday two amendments offered by the subcommittee's ranking Democrat, Frank Pallone of New Jersey. These amendments are aimed at enhancing cooperation between the Defense Department and federal and state wildlife officials.

The first amendment says the military should advise the Interior Secretary and appropriate state officials of its intent to develop or revise a plan 30 days before publishing a public notice. The other amendment says a plan cannot be considered a mutual agreement unless the respective secretaries of the military department, the Interior and the state fish and wildlife agency certify it.

Pallone withdrew an amendment that would have required the military to publish a notice in the Federal Register of its intent to prepare or revise a plan. The subcommittee staff will work on the language of this amendment before the full Resource Committee markup next week.

The bill has also been referred to the House Armed Services Committee.

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Senate panel strengthens EPA ombudsman post

Lori Sharn — Fri, 27 Sep 2002 00:00:00 -0400

The legislation (S. 606) would establish an independent Office of the Ombudsman within the Environmental Protection Agency. The ombudsman would be appointed by the president and confirmed by the Senate. And for the first time, the ombudsman would have control over the office's budget and resources.

Chairman James Jeffords, I-Vt., and Sen. Michael Crapo, R-Idaho, offered the bipartisan substitute that passed on a voice vote.

"The ombudsman is more than an accountant. He's a link to our communities, a last recourse for many who can't find support or assistance for their grievances," Crapo said. "To maintain the trust of the public, however, the ombudsman needs to act without even the appearance of interference from the agency."

The committee action comes five months after EPA chief Christie Whitman transferred ombudsman Robert Martin to the agency's inspector general's office. Martin accused the EPA of stripping away his duties and independence and resigned. Martin has been critical of EPA decisions on Superfund cleanup sites. At highly publicized hearings this summer, the EPA said the move was made to increase efficiency.

Congress established the EPA ombudsman in 1984 to receive complaints about hazardous waste programs. Although the authorization expired in 1988, the EPA retained the ombudsman's office within the Office of Solid Waste and Emergency Response. A recent study by the General Accounting Office found the ombudsman lacked independence and key aspects of the office did not meet professional standards.

After his resignation, Martin filed a complaint with the Office of Special Counsel under the whistleblower protection law. Martin and the EPA reached a mediated settlement in August, but the terms cannot be disclosed, said Tom Devine, Martin's lawyer and legal director of the Government Accountability Project. Martin was "pleased with the outcome," Devine said.

The legislation passed Thursday amends the Solid Waste Disposal Act to restore authorization for the Office of the Ombudsman. The ombudsman is authorized to render assistance, conduct investigations, make findings of fact and non-binding recommendations to the EPA administrator.

The legislation also:

Authorizes appropriations of $3 million for fiscal years 2003-2004, $4 million for 2005-2008, and $5 million for 2009-2012.
Limits the ombudsman's duties to programs administered by the Office of Solid Waste and Emergency Response.
Sets the ombudsman's term at five years, with a second term possible. The president may remove or suspend the ombudsman for neglect of duty or malfeasance.
Establishes that the ombudsman reports to the EPA administrator. But the ombudsman will also make annual reports to Congress and other reports as needed.
Requires the ombudsman to have had experience as an ombudsman in another government entity. He or she cannot have been an EPA employee for one year prior to the appointment.
Requires the ombudsman to appoint full-time deputies in each region, instead of using shared employees. Contact information for the ombudsman in each region must be separate from the EPA to ensure unfettered communication with citizens.
Includes whistleblower protections for individuals who provide information to the ombudsman.
Structures the office to conform to relevant professional ombudsman guidelines, standards and practices.
Permits the ombudsman to issue subpoenas and hold public hearings.

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Panel extends some airports' screening deadlines

Lori Sharn — Thu, 19 Sep 2002 00:00:00 -0400

These airports-some of the nation's largest-are having trouble meeting the Dec. 31 deadline set by Congress last year. The committee originally intended a six-month extension, but Sen. Kay Bailey Hutchison, R-Texas, said six months would not be enough time for airports that need to change infrastructure to accommodate screening machines.

The committee approved Hutchison's amendment on a voice vote. "In California, Florida, Georgia, there are going to be problems with the six-month deadline," she said.

But Sen. Barbara Boxer, D-Calif., said the government should hold firm on just a six-month extension.

"The terrorists are not sitting around and saying, `We'll just wait to attack until they get it fixed,'" she said.

As part of its Homeland Security Department legislation, the House earlier this year voted to extend the deadline for all airports by a year. House Transportation and Infrastructure Aviation Subcommittee Chairman John Mica, R-Fla., said the committee is reviewing the Senate package and will craft some legislation of its own next week. He said the committee would revisit the deadline extension.

"There'll be something in the technical corrections bill on it," he told CongressDaily Thursday.

Other provisions in the Senate bill would require air cargo to be inspected, while mandating background checks on foreign flight school students and training for aviation workers to verify people's identity.

It also would ban small planes from flying over stadiums for six months and impose prison sentences for up to 10 years for intentionally bypassing airport security checkpoints. And it would permit non-citizens to work in security jobs.

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Panel votes to keep Coast Guard at Transportation Department

Lori Sharn — Thu, 11 Jul 2002 00:00:00 -0400

Young's amendment, co-sponsored by Transportation and Infrastructure ranking member James Oberstar, D-Minn., would leave the Coast Guard in the Transportation Department and retain the Federal Emergency Management Agency as an independent agency--while transferring the Transportation Security Administration, now part of DOT, to the new Homeland Security Department. It would also transfer the Federal Protective Service to the new department. Another provision of the bill would prohibit transportation trust funds from being transferred to the Homeland Security Department for use in security-related pursuits.

Young--who has noted the new department would get half its staff and budget from four agencies now under his panel's jurisdiction--has been a vocal critic of the administration plan to move the Coast Guard into the Homeland Security Department. His panel's recommendations--along with those of about a dozen other House committees--now go to a select committee headed by Majority Leader Dick Armey, R-Texas, that will shape the legislation to be considered by the full House.

In an interview earlier this week, Young was pessimistic about ultimately being able to stop the Coast Guard from being transferred. But today, Young urged the committee to stick together--declaring that, if the select committee comes out with an unacceptable plan that goes to the House floor under a closed rule, Transportation and Infrastructure members should vote to the defeat the rule. A sizable number of House members--75--sit on the Transportation and Infrastructure panel.

"We must act or we will be ignored," Young declared. However, Young's manager's amendment also takes into account the likelihood that the Coast Guard will be rolled into the new department by the select committee: The amendment includes provisions designed to insure that non-security functions, such as search-and-rescue, do not get downgraded.

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Transportation chairman concedes on Coast Guard move

Lori Sharn — Wed, 10 Jul 2002 00:00:00 -0400

House Transportation and Infrastructure Chairman Don Young, R-Alaska, said he still opposes moving the Coast Guard out of the Transportation Department, but indicated in an interview that he is being a realist.

Instead, Young hopes to safeguard thousands of miles of Alaska coastline and his constituents by making search-and-rescue, fisheries protection and other core missions a priority over homeland security tasks.

When Young's committee meets Thursday to mark up its portion of the security bill, it will consider mission statements for the Coast Guard and three other organizations under its jurisdiction.

Young's panel is one of 12 committees that have until Friday to send their recommendations to an ad hoc committee chaired by House Majority Leader Dick Armey, R-Texas.

"When the president and the leadership say that's going to happen, we have to do what we can do," Young said. "We at least write the mission. Rescuing somebody on the high seas is homeland security."

Young also wants to make the Coast Guard report directly to a Cabinet-level secretary or undersecretary.

Young's opposition to moving the Coast Guard has been well-publicized, but mostly solitary, since President Bush proposed the new homeland security agency last month.

Many lawmakers share Young's concerns that the Coast Guard's search-and-rescue, fisheries protection and other missions not get pushed aside by security tasks, yet they remain open to the move. Some think a move could even be a good idea--a way to get the long-shortchanged Coast Guard the money and respect it deserves.

"I am inclined to favor the Coast Guard being a part of the homeland security operation," said Transportation and Infrastructure member Howard Coble, R-N.C. "They have such a low priority in Transportation.... This would conceivably place them on a higher threshold. They would do better at the bargaining table when it comes to divvying out money."

Reaction in the fishing and boating industry has been largely neutral.

"Most of the industry is not going to care about that bureaucratic wrangling," said Justin LeBlanc, vice president of government relations at the National Fisheries Institute, a trade organization of about 40 regional commercial fishermen's organizations around the country.

The Coast Guard's aging fleet and inadequate communications systems will probably see a "renaissance" in the new security department, says Michael Sciulla, vice president of BoatU.S., which represents recreational boaters.

"All of that hardware is going to translate into improved search-and-rescue for the Coast Guard," Sciulla says.

He is concerned, however, that safety tasks like inspections, boat defect programs and education will be overlooked.

The new Homeland Security Department will get about half of its staff and budget from four organizations under the jurisdiction of the 75-member Transportation panel, Young said.

In addition to the Coast Guard, they are the Federal Emergency Management Agency, the Federal Protective Service and the Transportation Security Administration, which was created in the aftermath of Sept. 11.

Young said he no control over Armey's committee but is still going to put up a fight.

"We have to put our best effort forward and stand together when the ad hoc committee gives its final disposition," Young says. "The mission definition is crucial."

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