The Ferguson Group Blog

Are Earmarks Truly Dead?

Note:  This is the first in a series of entries that will examine the state of play in the ongoing debate over earmarked spending.

The whispers began months ago as Congress struggled with its self imposed two-year moratorium on earmarks.   Important legislation has stalled and gridlock seems to have become the new norm on Capitol Hill.

After having struggled through the first year of the earmark ban, a growing number of Republicans were beginning to discuss the possibility of reconsidering the ban after the 2012 elections.  The argument for bringing back earmarks ranged from ceding control of all spending to the Obama administration, to not having the ability to help fund worthy projects back home. 

These arguments were not new.  In January of 2011, Senate Majority Leader Harry Reid (D-NV) had this to say after President Obama’s state of the union speech when the President announced he would veto bills that included earmarks:  “The money is going to be spent anyway,” said Reid. “The difference is the White House is going to be directed [sic] where its spent, not us. That’s our obligation. This does not save any money.”  Added a visibly frustrated Reid, "I have a constitutional obligation to do congressionally-directed spending. I know much more what's needed in Elko, Nevada . . . than some bureaucrat does back here."

A report from the Heritage Foundation seems to back up the Majority Leader’s January 2011 claim that the Administration was the one now doing the earmarking. The report says that the Obama administration directed federal spending to Democrats to help get them to vote for controversial bills such as cap and trade, financial regulation reform and Obamacare.  Fox News reported:

"Numbers from the non-partisan Congressional Research Service show that the value of administration earmarks under President Obama increased by a 126 percent in his first two years in office and the actual number of administrative earmarks increased by 54 percent.

Those are dramatic increases that are 11 times more than Congress itself increased earmarks, which the White House did not explain today. 

It also does not square with statements the President is against earmarks, which he and his administration appear to have used to great effect and with increasing frequency."

 

I’m following this debate closely and will update you as this continues.  Please feel free to comment below or contact me at tlehman@tfgnet.com

(Hurricanes) Beryl, Chris, Debby, Ernesto – I hope we never meet you….

Tropical Storm Alberto seems not to have checked the calendar before deciding to make its way up our Atlantic coast this week.  This first storm of the season, appearing on radar more than a week before the official June 1 start of hurricane season, is a good wake up call for local governments that may find reason to work with FEMA in response to a natural disaster in the coming months.  While we can never be fully prepared to respond to an event like this,  now is the time to get up to speed on the latest : 

Click here to sign up for FEMA Mitigation Planning E-mail Alerts.

Read Coverage of the Recently-Named Director of the National Hurricane Center here.

View the latest preparedness videos on FEMA’s YouTube Channel.

And check out this list of 2012 Hurricane Names here.

Do you have any go-to resources for disaster preparation that you’d like to share with other local government leaders?   Please share by posting comments below.

Amanda Wood 

Reach me at awood@tfgnet.com

House Approves Violence Against Women Act

The House of Representatives just approved its bill to reauthorize the Violence Against Women Act, H.R. 4970, during National Women’s Health Week, by a vote of 222-205, while the Senate approved its VAWA bill, S. 1925, by a vote of 68-31 during April - Sexual Assault Awareness Month. House floor debate has been very partisan, with both sides denying political rhetoric in an election year and keeping the focus on valuing and protecting the lives of ALL women and children, regardless of race, gender, sexual orientation, or geography. More than 325 diverse organizations opposed the House bill, but it is now time to focus on the House-Senate conference committee and produce a bill that will have bipartisan support. First enacted 18 years ago, VAWA has been nothing short of life-saving for millions of women and children across the nation, providing a comprehensive, streamlined and national response to the crimes of domestic violence, sexual assault, dating violence, and stalking. Both law enforcement and advocates need new and expanded resources, based on years of experience in local communities, to make our neighborhoods safer and strengthen protections for all victims of violence.

Violence Against Women Act Bill Heads to House Floor Next Week

Earlier this week, the House Judiciary Committee approved H.R. 4970, the Violence Against Women Act reauthorization, sponsored by Rep. Sandy Adams (R-FL), a survivor of domestic violence and a former law enforcement official.  In a near party-line 17-15 vote, the bill was approved with one Republican Member, Rep. Ted Poe (R-TX) a former judge, joining the Democrats to oppose the measure.  The National Task Force to End Sexual and Domestic Violence Against Women, a coalition representing thousands of organizations, service providers, researchers, educators, religious leaders, law enforcement, advocacy groups, and victims all across the nation, continues to have serious concerns about this legislation because it excludes vulnerable communities such as Native women, LGBT victims and immigrant victims. Additionally, it strikes mandatory minimum sentencing, which deters victims from coming forward to report the crimes of domestic violence, dating violence, sexual assault, and stalking.    

The U.S. Conference of Mayors and many other local and statewide organizations are preparing letters to call upon the House to instead pass the Senate version, S. 1925, that supports provisions to establish a uniform nondiscrimination provision for VAWA grant programs, maintain protections for victims who are not citizens so that they are not afraid to come forward to report crimes, and expand the capacity of tribal governments to investigate and prosecute these crimes.

Next Steps:  House Leadership plans to bring H.R. 4970 to the floor next Wednesday, May 16.  

 

Finally, some relief for local governments

Yesterday, May 10, 2012, U.S. Transportation Secretary Ray LaHood announced that the Department of Transportation is eliminating certain across-the-board deadlines for sign replacement. The DOT’s Manual on Uniform Traffic Control Devices requires state and local governments to replace regulatory, warning and ground-mounted guide signs by January 2015, and overhead guide signs and street name signs by January 2018 to meet a minimum retroreflectivity standard.  These across-the-board deadlines placed an enormous financial burden on state and local governments at a time when local economies are struggling.  For example, Spring Valley Township, OH, has a population of 2,600 and is responsible for 34 miles of road. The estimated cost to retrofit all traffic signs is $25,000.  By comparison, compliance costs for New York City were estimated at $27.5 million.  Now, while all new signs must meet the minimum retroreflectivity standard, they do not have to be replaced until they reach the end of the useful life. 

DOT did retain 12 deadlines for sign upgrades that are critical to public safety. They include installing ONE WAY signs at intersections with divided highways or one-way streets, and requiring STOP or YIELD signs to be added at all railroad crossings that don’t have train-activated automatic gates or flashing lights.

The National Association of Towns and Townships - managed by TFG - has worked for years to get these costly deadlines eliminated.

DATA Act: Unintended Consequences and an Unfunded Mandate

We can all agree that good government benefits from increased transparency,  but folks in Washington might just be going about it the wrong way. 

Earlier this month, the House passed the DATA Act, which would extend the new data reporting requirements that came with stimulus spending across all federal contracts, grants and loans, a huge data management burden for the state and local governments that benefit from these federal resources.   While my colleagues in state and local government generally support the goals of the legislation – ensuring that federal funds aren’t subject to fraud or waste – many are frustrated that the DATA Act doesn’t provide money to help them comply with these requirements.

As I work with my clients and others to ensure that the voice of local governments is heard in this debate, we are coming up against a Congressional Budget Office (CBO) cost estimate that suggests that implementation will not require your governments to commit additional time and staff resources to comply.  Were the stimulus reporting requirements burdensome to your community?  Do you have a sense of how much the new requirement would cost your government?  Thanks for sharing this information with us so that we can bring the local government perspective to decision makers on the Hill. 

State and local governments are still struggling financially.  When it comes to the DATA Act,  I’d suggest that Congress needs to look before they leap!

For more information, you can contact me at awood@tfgnet.com.

VAWA Advocacy Pays Off with Overwhelming Senate Support

What a great vote in the Senate last week for the Violence Against Women Act reauthorization, with 68 Senators supporting and only 31 opposed. Congratulations to the thousands of advocates who contacted their Senators in support of the bill, S. 1925. Over a two year time period, recommendations to improve the programs were developed by service providers, advocates and law enforcement.  Meetings with members of Congress were held in Washington and in the states, phone calls and letters were sent, and every form of social medial was used to urge a vote during April – Sexual Assault Awareness Month.  These programs will provide local law enforcement and service providers the funding and resources to make our communities and college campuses safer.     

In December 2011, the CDC released the results of the National Intimate Partner and Sexual Violence Survey indicating what we all knew - that the rate of sexual and domestic violence in the United States is endemic.  One in five: that’s how many women will be raped in their lifetime. One in six: that’s how many women will be victims of stalking in their lifetime. Twenty-four people per minute are victims of sexual assault, physical violence or stalking by an intimate partner in the United States, and women are disproportionately affected by these crimes. This is a national crisis.

What’s next:  the House Judiciary Committee plans a markup on May 8 and the House bill will likely be on the floor the week of May 14.

Keep up the good work and congratulations to TFG client, the National Alliance to End Sexual Violence, and the National Task Force to End Sexual and Domestic Violence Against Women.     

 

Senate Support for a Fifth Round of TIGER Grants

On April 17, the Senate Appropriations Transportation/HUD Appropriations Subcommittee approved its version of the FY2013 Transportation/HUD Appropriations bill containing $500 million for another round of the Transportation Investment Generating Economic Recovery (TIGER) Grant Program (of which there have been 3 previous rounds with a 4th round of awards currently due to be announced next month). TIGER grants are awarded to states, cities, local governments, tribal governments, and other partnerships and groups, including private sector partners, for critical investments in the nation's transportation infrastructure that will have a significant impact on the nation, a metropolitan area or a region. The full Senate Appropriations Committee approved the bill on April 19 and will now be taken up by the full Senate. The House Transportation/HUD Appropriations Subcommittee has not yet scheduled its consideration of the FY2013 bill.

We’re all very pleased to see that there is Senate support for this program, which represents a great opportunity for communities to apply directly to USDOT for funding. While the final FY13 funding level has not been determined and passed into law, it isn’t too early to start thinking about local projects that may qualify. A good place to start is DoT’s TIGER application resource site:

http://www.dot.gov/tiger/application-resources.html

As in past rounds, there is a set-aside for rural projects of $120 million. Unlike the last round, however, there is $35 million set aside for projects that are only in the design/planning stage, which will offer your community increased flexibility in the scope and sort of projects you advance through this process.

For more information, contact Bill Hanka at bill.hanka@thefergusongroup.com

Another Ninety Days…and Counting on Action

A month ago I wrote about Congress figuratively “kicking the can” 90 days down the road when the House and Senate approved yet another extension of the aging SAFETEA-LU.  Well, they did it again…but this time with a difference.

When the House voted on April 18, to approve H.R. 4348, it was well ahead of the June 30, expiration of the last extension about which I wrote. As if getting ahead of itself, this one keeps current law alive through September. Why not the usual 11th hour renewal?

Answer: the point of the extension was less about extending current law and more about providing a legislative vehicle to speed the House and Senate to conference negotiations.

By sending H.R. 4348 to the floor, Speaker John Boehner (R-OH) and Transportation chair John Mica (R-FL) signaled that the House likely was ready to move into conference despite not having produced a full-fledged, multi-year surface transportation bill of its own.  The Republican and Democratic votes were not there for Chairman Mica’s signature “American Energy & Infrastructure Jobs Act,” H.R. 7.  Instead, another bill was teed up to, as Mica said, “help move the process forward in working to resolve differences with the Senate.”

The H.R. 4348 extension measure may lack the major policy and program reforms of H.R. 7 but it isn’t without controversy.  It includes a provision to advance the high-profile Keystone XL project on which the Administration has put off a go/no-go decision. 

Other amendments include project streamlining language from H.R. 7 and allow the recycling of coal fly ash in concrete. The one other adopted floor amendment requires appropriations from the Harbor Maintenance Trust Fund for port maintenance to be the equivalent of annual Harbor Maintenance Tax revenues. The provision to correct underfunding of channel O&M lacks credible enforcement language. Still, it was the first time the House voted to make that statement. (Look here for the full House floor debate and amendments.)

The Senate was ready and raring to go to the dance and voted on April 24, to amend the House extension with the Senate-passed MAP-21, S. 1813.  That was the procedural necessity to enable the House and Senate to proceed to the conference stage.  Conferees were named on both sides.  Committee staff are already on the case and, as always, at work in the background. 

Recall that the 2-year Senate bill passed that body with 74 votes.  That gives people some level of confidence that negotiations will produce a final product that can win a majority in the House.

However, confidence doesn’t equal unbridled optimism.  There are potential stumbling blocks, beginning with the pro-Keystone XL provision that the White House has promised to veto.  But we are a lot closer to seeing the proverbial light at the end of the tunnel today than we were earlier this year.  Odds are whatever gets through will not be all that pleasing to many.  The level of funding, elimination of certain programs, no earmarks, etc.  But since the measure may end up providing little more than a year’s worth of funding authorization—so as to spare Congress from having to come up with new revenue to offset Highway Trust Fund revenue shortfalls—Congress will have to leap back into the subject matter before long.

Demand for TIGER Grants Leveling Off

The Department of Transportation (DOT) announced yesterday that it has received a total of 703 applications for the fourth round of its highly competitive TIGER grant program, requesting a total of $10.2 billion. Although this demand far exceeds the $500 million available for the program in 2012, it represents the fewest applications DOT has received since the program was first funded in 2009. The number of applications submitted for TIGER grants have been steadily declining since the program received nearly 1500 applications requesting almost $60 billion in 2009, and the 2012 numbers represent a decline in demand of approximately 15% from the 2011 TIGER competition. 

Even with weakened demand, TIGER remains one of the most competitive and over-subscribed grant programs in the entire federal government, and the reasons for this steady decline in applications is unknown. However, it may be that as local governments are learning more about the multiple components required for a project to be competitive under the TIGER program, many are choosing not to submit projects that are not yet ready for TIGER funding. It is also possible that the competitiveness of the program – which historically has funded less than 5% of applications – is discouraging many localities from assembling lengthy and complex TIGER applications. Whatever the reason behind this trend, TIGER IV applicants can obtain some solace that the pool of applicants is somewhat reduced this year.