NATaT Washington Report

The "NATaT Washington Report" is a monthly email newsletter that provides timely information to town and township officials on the legislative, regulatory, funding, and policy decisions in Washington that could affect your communities.  The Washington Report focuses on NATaT's primary federal issues.  The Washington Report is produced by NATaT's federal representative in Washington, The Ferguson Group.  For more information on the legislation described in this report, see http://thomas.loc.gov/ or contact The Ferguson Group.  Contact NATaT federal director Jennifer Imo at 1.866.830.0008 or jennifer.imo@natat.org for more information. 

The May 2007 Washington Report Contains Summaries of the Following Issues:

• Census
• Election Reform
• Eminent Domain
• Environment and Natural Resources
• Farm Bill
• First Responders
• Homeland Security
• Immigration
• Native American Legislation
• Video Franchising

2010 Census Advisory Committee (CAC) Meeting

Larry Merrill, Executive Director of the Michigan Township Association, represented NATaT at the 2010 Census Advisory Committee (CAC) meeting in May. The two day meeting was held at the Census Bureau in Maryland.  CAC members convened from all over the country, including the National Association of Counties (NACo) and the Association of Public Data Users, to receive updates on 2010 Decennial Census Programs, including the Dress Rehearsal for the 2010 Census, the American Community Survey and Local Update of Census Addresses (LUCA) program. 

NATaT was recognized by Census officials during the CAC meeting and given a warm welcome. The CAC is comprised of representatives from banks, ethnic and civil rights groups, professional data users, housing and local government associations. NATaT, NACo and the Association of Black Mayors are the only local government groups represented on the committee. NATaT was an original member of the Decennial Census Advisory Committee (DCAC) that has since disbanded.  Due in large part to Barb Welty's consistent participation during the DCAC meetings, NATaT was invited to sit on the 2010 CAC panel. Diana Mendoza of The Ferguson Group participated in the two day meeting to assist NATaT.

The 2008 Dress Rehearsal is an opportunity to test coverage measurement instruments that will be used in the 2010 Decennial Census and work out any operational challenges that may arise.  Census Bureau officials reported that they have already encountered problems, especially with the GPS equipped hand-held computers used by canvassers, but have been able to successfully work out all the "kinks". 

The Dress Rehearsal will be conducted in two sites that represent an urban area and a mix of urban and suburban.  San Joaquin County, California is the urban site and South Central North Carolina has been selected as the urban/suburban mix test site. 

The American Community Survey (ACS) produces updated yearly estimates for all communities, eliminating the need for a traditional long form in the 2010 census and beyond. Only 250,000 households nationwide receive the ACS questionnaire each month. The ACS was first launched in 2005 and data products are now available at the Bureau's website at http://www.census.gov/. Research data for 2006 and 2007 are not yet available, but the Bureau reported that it is preparing for the 2008 official release of three-year estimate studies. 

LUCA

The Local Update of Census Addresses (LUCA) program is a Census Bureau program designed to help States and local communities actively ensure the accuracy of their census counts. The program is open to State and local governments who wish to participate. LUCA is beneficial to local governments because it allows them, with the aid of a LUCA liaison officer, to contribute to the census process by reviewing, editing and updating the Census Bureau's Master Address File (MAF). 

LUCA notices are mailed during January and February to the highest elected official and other contacts in all active functioning governments.  By July, LUCA invitations and registration materials are mailed out to the same contacts.  Invited governments are encouraged to register during July 2007 and January 2008, and participating governments are expected to review and update the address list and return their comments to the Census Bureau's Regional Office between August 2007 and March 2008.

Larry Merrill was invited to testify about LUCA on behalf of NATaT before the House Oversight and Government Reform Committee's Information Policy, Census, and National Archives Subcommittee in late June 2006.  NATaT President Keith Hite will deliver NATaT's testimony, which will focus on the importance of LUCA on small communities. 

H.R. 811, the Voter Confidence and Increased Accessibility Act of 2007 was introduced by Representative Rush Holt (D-N.J.) to amend the Help America Vote Act of 2002 by requiring a voter-verified permanent paper ballot in time for the 2008 elections. This bill would impose numerous federal mandates for the 2008 elections including a requirement that all ballots to be printed on archival quality paper and meet federal standards for converting the printed ballot into accessible media for verification by visually impaired voters. 

NATaT is working with NACo to oppose this measure highlighting that the federal mandates prescribed in the bill are unworkable in time for next year's election as federal standards for many of the mandates have not yet been issued.  Additionally, H.R. 811 would dictate extremely expensive and time-consuming practices for conducting audits and recounts even when one candidate wins by a wide margin.  There is simply not enough time to enact state conforming legislation, do testing and procurement, develop training materials, and train election officials, pollworkers and voters on how to use equipment they have never used.

Eminent Domain

On May 17^th, the House Agriculture Committee approved the Strengthening the Ownership of Private Property Act of 2007, H.R. 926.  Sponsored by Representative Bob Goodlatte (R-VA) and Representative Stephanie Herseth (D-SD), the proposed legislation responds to the controversial 2005 Supreme Court decision in Kelo v. New London, CT.  The House bill would prohibit any state or local government from exercising its power of eminent domain over private property for purposes of economic development, if that state or local government receives economic development funds from the federal government. The House bill also establishes a private cause of action, allowing any property owner who suffers damages as a result of a local government that violates the measure to file suit in federal court. Several other House Committees such as Transportation, Financial Services, Education, and Natural Resources also will be considering the bill before it reaches the House floor.

In the Senate, Senator John Ensign (R-NV) has sponsored S. 48, which would place even broader restrictions on the use of eminent domain authority and deny all federal funds to any state or local government that takes private property for purposes of economic development. The Senate bill has been referred to the Senate Finance Committee.

Local governments should maintain the right to determine how local property is developed.  It is an essential function of local government to manage growth and develop land use, zoning and planning policies.  NATaT strongly opposes any sweeping Congressional legislation that punishes local governments that use the power of eminent domain for a justifiable economic purpose that benefits the entire community.

Water Resources Development Act (WRDA)

On Wednesday May 16^th, the Senate, by a vote of 91-4, approved its version of H.R. 1495, the Water Resources Development Act of 2007. The bill authorizes approximately $14 billion in new construction projects and studies for the U.S. Army Corps of Engineers. The bill includes authorizations for new flood control projects, navigation improvements, environmental restoration work, and environmental infrastructure projects. Like the House, the Senate bill includes a requirement that large, controversial projects be subject to independent peer review.

Action on the bill now moves to a conference committee, where differences between the House and Senate versions of the bill will be reconciled.

The text of the Senate-passed bill may be found at the following link:

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h1495eas.txt.pdf

Many towns and townships are directly involved or affected by water resource projects on their local rivers, lakes, coasts, canals, reservoirs, and wetlands.  NATaT supports the passage of WRDA legislation that is badly needed to support local water resource improvements and projects. WRDA legislation should include increased funding for local projects, improvements to the Corps planning process to reduce delays in Corps projects, fair cost-share methodologies for local project sponsors, and broadened Corps authorities to support local waterfront revitalization.    

On May 22^nd, the House Agriculture Conservation, Credit, Energy, and Research Subcommittee marked up the conservation, research, energy, and credit titles of the 2007 Farm Bill. The new Farm Bill would authorize programs from 2008 through 2012. A tight farm bill budget is making it difficult for lawmakers to fund new programs. All amendments requiring increased funding were delayed until the full committee markup next month.

The conservation title in the bill continues the Conservation Reserve Program, holds funding steady for the Wetlands Reserve Program, increases funding for the Farm and Ranchland Protection Program, freezes enrollments in the Conservation Security Program, and expands the definition of land management practices in the Environmental Quality Incentives Program. The research title includes a proposal to create an Agricultural Research Institute to coordinate the programs and activities of various Agriculture Department programs.  The energy title approves loan guarantees for biorefineries and biofuel production plants, and reauthorizes important biomass, bio-based product, and bio-energy programs. The credit title gives farm credit institutions broader authority to make energy-related loans.

The remaining subcommittee markups should be completed by mid June. A full committee markup is expected in late June.

First Responders

Volunteer Responder Incentive Protection Act of 2007 (VRIP Act, H.R. 943/S. 1466)

On May 23^rd, Senators Christopher Dodd (D-CT) and Gordon Smith (R-OR) introduced S. 1466, the Senate companion bill to the House Volunteer Responder Incentive Protection Act, H.R. 943.  The bill is currently pending before the Senate Finance Committee and has two cosponsors.  The House version of the Volunteer Responder Incentive Protection Act of 2007 was introduced on February 8^th by Representative John Larson (D-CT).  The House bill has 146 cosponsors and is currently pending before the House Ways and Means Committee.  

The bills would amend the Internal Revenue Code of 1986: (1) to exclude from gross income real or personal property tax rebates or any other benefits provided to volunteer firefighters and emergency medical responders; and (2) to exempt from social security, unemployment taxes, and wage withholding real or personal property tax rebates or any other benefits provided to volunteer firefighters and emergency medical responders.  "Any other benefits" is defined as a benefit, other than a property tax rebate, that a state or local government provides an individual for serving as a member of a qualified volunteer emergency response organization, such as a small stipend.  Volunteer firefighters and emergency medical responders must be members of a volunteer emergency response organization that is organized and operated to provide firefighting and emergency medical services, as required and recognized by the state or local government.

Examples of some of the recruiting and retention incentives, aside from property tax abatements, that communities are currently experimenting with include modest stipends that are sometimes paid per call or in lump-sums per year or quarter, health benefits, retirement awards, state income tax credits, length of service awards, and death benefits.  The bill language provides flexibility to allow states and local governments to adopt the appropriate incentive programs and structure them through their own legislatures.  Various tax incentives are currently offered to volunteer emergency responders in five states:  Connecticut, Maryland, South Carolina, New York, and Delaware.

Volunteer firefighters and EMS personnel are integral to public safety in towns and townships.  NATaT strongly supports this proposed law that would provide appropriate incentives and protections for the men and women who volunteer to serve their local communities through volunteer fire and EMS companies.  NATaT has teamed up with the National Volunteer Fire Council, the Congressional Fire Services Institute and the International Association of Fire Chiefs to support H.R. 943 and S. 1466, and sent a joint letter to Senators Dodd and Smith thanking them for their support of this issue.

Thanks to the information provided to NATaT from the recently disseminated tax surveys, we are currently compiling data regarding the impact of volunteer firefighters and EMS personnel on your state.  That information will be shared with members of NATaT's congressional delegation, including Rep. Larson and Senators Dodd and Smith, who are spearheading this legislation.

Homeland Security

Grants for Local Law Enforcement

Community Oriented Policing Services (COPS) Improvement Act

On May 15^th, the House passed H.R. 1700, the COPS Improvement Act of 2007, by a vote of 381 to 34.  The legislation, which was introduced by Representative Anthony Weiner (D-NY), would increase the authorization for the COPS program to $1.15 billion in each of the next six fiscal years, beginning in 2008.  Specifically, H.R. 1700 includes up to $600 million annually over six years for "officers hired to perform intelligence, anti-terror or homeland security duties;" $350 million per year for technology grants; and up to $200 million annually to help local district attorneys hire community prosecutors.

Senator Joe Biden (D-DE) is the sponsor of the companion bill in the Senate, S. 368, which was unanimously approved by the Senate Judiciary Committee in March.   On May 24^th, S. 368 was put on the Senate Legislative Calendar.

On May 24^th, the Senate passed S. 231, authorizing over $1 billion annually, through FY 2012, for the Edward Byrne Memorial Justice Assistance Grant Program, which awards grants for criminal justice enforcement, focusing on violent crime and serious offenders.  S. 231 is sponsored by Senator Diane Feinstein (D-CA).  There is currently no companion legislation in the House.

Grant for Local Law Enforcement, Fire and EMS Agencies, and First Responders to Purchase Equipment

A 30-day extension has been granted for communities to submit applications for support from the Commercial Equipment Direct Assistance Program (CEDAP).  CEDAP helps meet equipment needs of smaller jurisdictions by providing communications interoperability, information sharing, chemical detection, sensors, personal protective equipment, technology, and training in using equipment, devices and technology.  Approximately $33.7 million in equipment and training will be provided through the current awards competition.  Grant applications are now due by 11:59 PM EST on June 29^th.

DHS is also finalizing plans on the release of its much-anticipated $1 billion Interoperability Grant Program.  NATaT members should contact their state Homeland Security agencies to ensure that they are included in statewide spending plans.  DHS will make awards directly to states, which will have to spend their awards on behalf of, or in consultation with, local governments to improve communications among local First Responders.  States should be in the process of developing their needs assessments and spending plans. 

Please note that projects supported with these funds must be compatible with the 700 MHz spectrum.  That means funds may be used to acquire systems utilizing the 700 MHz spectrum, or they may be used to make another type of system compliant and interoperable with a 700 MHz system.  Award funding totals are expected to be announced by mid-July.

Many towns and townships have risks to local homeland security, and have needs for federal funding to protect against those risks.  However, the homeland security funding provided by the federal government is heavily focused on urban areas, high security risk areas and state-based security plans.  Towns and townships with genuine homeland security needs must demonstrate those needs and work in partnership with their larger regions and states to be included in state-based homeland security spending plans.  Critical programs for towns and townships include FIRE grants and interoperability communications grants.  These programs can fund small community projects but, again, towns/townships need to coordinate with regional and state authorities to demonstrate genuine need.  NATaT supports approaches that provide additional grant funding to all communities, including small towns, for these needs.

Immigration

After weeks of negotiations between a bipartisan group of Senators and Bush Administration officials, a deal on immigration reform was reached.  On May 17^th, the main Senate negotiators held a press briefing to announce the "Border Security and Immigration Reform Act of 2007" (S. 1348).  The immigration bill was introduced by Senator Harry Reid of Nevada and key negotiators included Senators Edward Kennedy (D-MA), Dianne Feinstein (D-CA), Jon Kyl (R-AZ), Arlen Specter (R-PA), Ken Salazar (D-CO), John McCain (R-AZ), Mel Martinez (R-FL), Lindsey Graham (R-SC), and Johnny Isakson (R-GA).  President Bush praised the efforts of the Senators and expressed his strong support for an immigration reform bill.  

Key proposals for the immigration legislation would create a new temporary worker program and accompanying Y visa program for up to 400,000 workers.  However, the Secretary of Homeland Security is required to meet specific border security and enforcement benchmarks, or "triggers," before any visa, guest worker or legalization programs are implemented.   In addition, the immigration measure proposes to do the following:  provide tools for employers to verify the eligibility of the workers they hire; create a temporary worker program to fill jobs Americans are not doing; ensure no amnesty for undocumented immigrants; declare English as the language of the Unites States; and enact accelerated English requirements for many immigrants.

The week following its introduction, the Senate began debate on S. 1348.  A slew of amendments have been introduced and voted on, including an amendment introduced by Senator Lindsey Graham (R-SC) that passed.  It would require undocumented immigrants that are eligible and receive legal status, to pay owed back taxes.  The Senate will resume debate after the Memorial Day recess. 

The House has not brought an immigration bill to the floor, and it is likely that House leadership is waiting for the Senate to vote on S. 1348 before initiating debate.  However, in March 2007, Representatives Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) introduced the "Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007," an immigration bill that proposes to tighten border security and interior enforcement. 

The House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law has held consistent hearings on U. S. immigrant integration, perspectives from faith-based communities, and the impact of immigration on local governments.  At this hearing, Dr. Audrey Singer, an Immigration Fellow at The Brookings Institution addressed the influx of immigrants in areas that historically have not accommodated large numbers of immigrants, especially in rural areas, small towns and suburban areas.  Dr. Singer stated that this influx has caused has caused social and economic stress on local governments and that the institutional structures that could assist in the integration of immigrants-both community and governmental-are insufficient or nonexistent.  He testified that local leaders are grappling with the costs to institutions where immigrant newcomers have the greatest impact, such as schools, hospitals and public safety departments.  Dr. Singer recommends that the solution to the immigrant influx is to develop immigrant integration policy and programs for states and localities and to invest funding and resources to address the short- and long-term process of immigrant integration.

Additional House immigration hearings will be held in the coming months.  The hearings have been designed to solicit recommendations on the path that the House should take on immigration reform. 

Immigration, overall, has had an impact in many towns and townships, and will predictably continue to have an impact.  It is not yet clear if the Senate immigration legislation will hurt or benefit towns and township, mostly because it has a national focus.  However, if the bill does become law, local governments will have to comply with the employer verification  provisions of the bill.  If an immigration bill passes that allows for undocumented persons to legalize, this may help towns and townships acquire the needed funding and resources to either develop or supplement programs and services to help integrate immigrants in to the town community.

Native American Legislation in the 110^th Congress

H.R. 54:  Teacher Recruitment Act of 2007 is a measure that would expand the eligibility of individuals to qualify for loan forgiveness for teachers in order to provide additional incentives for teachers currently employed or seeking employment in economically depressed rural areas, Territories and Indian Reservations.  On May 9^th, the bill was referred to the House Subcommittee on Higher Education, Lifelong Learning, and Competitiveness.

H.R. 318:  Elementary and Secondary Education Act Impact Aid would amend the Elementary and Secondary Education Act of 1965 to revise impact aid program requirements for distribution of school construction payments, and of school facility emergency and modernization grants, to local educational agencies impacted by military dependent children or by children residing on Indian lands. On May 9^th, the bill was referred to the House Subcommittee on Early Childhood, Elementary, and Secondary Education.

Many towns and townships are affected by tribal activities taking place within their jurisdictions.  NATaT members support initiatives that will help tribal communities become sustainable, healthy places.  At the same time, towns and townships seek federal and state requirements that casino operations, which can have major impacts on local quality of life, are conducted in a manner that mitigates negative impacts and provides a fair share of resources for local services.

Multiple appeals have been filed against the Federal Communications Commission's (FCC) March 5^th Order on local video franchising that would require local governments to approve competitive franchises in 90 days.  A coalition of local government advocates including the National Association of Counties, the National League of Cities, the U.S. Conference of Mayors, the National Association of Communications Officers and Advisors, the Alliance for Communications Democracy, and the Alliance for Community Media each filed a challenge in the district in which the group is headquartered.  The appeals filed against the order have been consolidated and will be heard in the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, OH.  The dates for a hearing are unknown at this time.   

Federal regulators said that when an application for video certification is made in a city by a telephone company that already has facilities in city rights-of-way, the city must act on that request within 90 days.  The FCC concluded that current municipal proceedings drag on too long, impeding competition.  However, local governments and their allies have argued that the FCC order violates both the US Constitution and federal communications law, thereby overstepping the agency's legal authority. 

NATaT is signing on to an amicus curiae brief to the U.S. Court of Appeals for the Sixth Circuit in support of the local government organizations' challenge to the FCC decision. That brief will be filed with the Court on June 27^th.