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WASHINGTON OUTLOOKBy Eugene T. LoweSenate and House MembersCall For $3.3 Billion forCDBG Formula FundingIn a “Dear Colleague” letter to ChairwomanPatty Murray (WA) and RankingMember Susan Collins (ME) of the SenateSubcommittee on Transportation, Housingand Urban Development, and RelatedAgencies, 39 Senators requested supportfor $3.3 billion in formula funds for theCommunity Development Block Grant(CDBG) program.The letter, spearheaded by SenatorPatrick Leahy (VT), said: “We understandthat difficult decisions face the Subcommitteein meeting funding needs underthe restrictions created by the BudgetControl Act. However, we remain concernedabout the impact past cuts havehad on the program and the continuedimpact any additional cuts will have onthe communities that rely on this fundingto serve their most vulnerable residents.”Similarly, 138 House members in a“Dear Colleague” letter to Chairman TomLatham (IA) and Ranking Member Ed Pastor(AZ) of the Subcommittee on Transportation,Housing and Urban Development,and Related Agencies also requested$3.3 billion in formula funding for CDBG.The House letter said: “Despite being akey tool for aiding the growth of communities,the CDBG program, like many programs,has taken a share of robust cutsin recent years, falling substantially – byover $1 billion since FY2010.”The CDBG Coalition, a group of nationalorganizations, including the Conferenceof Mayors, also sent a letter to the bothHouse and Senate appropriation subcommitteesurging support of $3.3 billion inCDBG formula funding. The letter said:“Since FY2010, funding for CDBG hasbeen cut by over $1 billion, yet the needfor these important resources at the locallevel has continued to grow. While weunderstand the need to address the federalbudget, we also understand the valueof the local investments made by CDBG.”The CDBG Coalition expressed a deepconcern with the Administration’s FY2014proposed budget cut to CDBG, “fundingthe formula program at $2.8 billion.”MARKETPLACEfrom page 1taken to limit future debate and ensure avote on final passage. Over 70 Senatorshave consistently voted in favor of the legislationand are expected to do so whenthey vote on final approval.Senate Majority leader Harry Reid(NV) and the key sponsors were aimingto complete action on the bill by April25 before members departed town fora week recess. But opponents, lead bySenators Max Baucus (MT), Orrin Hatch(UT) and Ron Wyden (OR), who arefrom states without a sales tax, objectedbecause the bill did not go throughregular order in that it was not referredto the Finance Committee before beingconsidered on the floor of the Senate;and because they claim it would imposeenormous burdens on small businesseslocated in their states.In response, Senators Durbin andAlexander reminded members that thebill was consistently referred to the SenateFinance Committee but the Committeefailed to act on the bill for over a decade.That’s why the sponsors filed a motionthat was approved by the Senate to bringthe bill to the floor without going throughCommittee. Senator Enzi also clarifiedthat the legislation would exempt smallbusinesses with less than $1 million inannual remote sales. He pointed out thatsince 99 percent of small businesses haveless than $1 million in annual remotesales, nearly all of them would be exemptfrom the act.Numerous amendments were filed anddiscussed during debate, many of whichwere offered to weaken the bill including:a measure offered by Senator Hatch thatwould sunset the law after five years; anamendment by Senator Jeanne Shaheen(NH) that would exempt retailers in thefive states that do not have a sales tax;and an amendment by Pat Toomey (PA)that would have exempted small businesseswith $10 million in gross annualsales. A troublesome amendment sponsoredby Senators Ron Wyden (OR) andJohn Thune (SD), which is opposed bythe Conference and other state and localgroups, would have added the digitalgoods bill to the Marketplace Fairness Actto preempt state and local governmentsability to tax purchases such as downloadedmusic, movies and online services.The Conference of Mayors is asking allmayors to continue to urge their Senatorsvote for final passage of the MarketplaceFairness Act.usmayors.orgPage 12 U.S. MAYOR April 29, 2013
WASHINGTON OUTLOOKBy Laura DeKoven WaxmanAs has been widely reported, on April18 the bipartisan “Gang of Eight” introducedthe Border Security, EconomicOpportunity and Immigration ModernizationAct (S. 744) in the Senate.The eight drafters are Senators CharlesSchumer (NY), John McCain (AZ), RobertMenendez (NJ), Lindsey Graham (SC),Marco Rubio (FL), Richard Durbin (IL), JeffFlake (AZ) and Michael Bennet (CO). TheSenate Judiciary Committee quickly heldthree hearings on the bill and ChairmanPatrick Leahy (VT) announced that heplans to markup the bill early in May andbring it to the floor in June.Based on an analysis by the NationalConference of State Legislatures, the billwould:• Establish the Comprehensive ImmigrationReform Trust Fund with an initialfederal outlay of $6.5 billion to beused for border security. The fund willbe sustained through various visa feesand penalties. This funding is designatedas emergency funding, wouldnot violate spending caps, and wouldbe available for ten years.• Initiate a comprehensive border securityprogram that includes 3,500additional U.S. Customs and BorderProtection Officers, funding for stateand local law enforcement through theOperation Stonegarden Program andfor interoperable communication forfederal, state, and local law enforcement,and reimbursement to state andlocal governments for costs associatedwith prosecution and pretrialdetention of federally initiated criminalcases declined by local U.S. Attorney’soffices.• Reauthorize the State Criminal AlienAssistance Program (currently fundedat $240 million) through 2015.• Ensure that the enforcement of civilBipartisan ImmigrationReform Bill Moving Quicklythrough Senate JudiciaryCommitteeimmigration law is a responsibility ofthe federal government by providingenhanced training for federal bordersecurity and immigration officers.• Establish a Border Oversight Task Forceto review and make recommendationson immigration and border enforcementpolicies and strategies. State andlocal government would have five seatson the commission – two from thenorthern border region and three fromthe southern border region.• Mandate E-Verify for all employerswith a five-year phase-in, beginningwith federal contractors. A nationalID card would be specifically prohibited;identity verification throughenhanced fraud-proof documentswould be required. States could voluntarilysubmit driver’s license photosto the federal E-Verify system, andthose that voluntarily participate couldbe reimbursed through a $250 milliongrant program.• Create a new guest worker-type visa,the “W” visa, for jobs requiring lessthan a bachelor’s degree, and reformthe high-skilled visa system.• Restructure and replace current H-2Avisa systems with an Agriculture WorkerProgram and create a process forunauthorized agricultural workers inthe United States to gain legal statusthrough a new “blue card” temporaryresidency program.• Create a path to legal status andcitizenship through the creation ofa Registered Provisional Immigrant(RPI) status. RPI status would be availableto individuals who meet eligibilitycriteria after paying a fee andpenalty and submitting a completedapplication. Eligibility requirementswould include demonstrated continuousphysical presence in the UnitedStates on or before December 31,2011; not being convicted of any seriouscrime; and not having a federaltax liability. Initial registration wouldbe valid for six years. RPIs would thenhave to apply for renewal, whichwould require a background check,additional fees, and a fine, along withproof of employment and proof thatthey will not become a public charge.After ten years, RPIs could applyfor an adjustment in status, such asLawful Permanent Resident (LPR) and,after three additional years, apply fornaturalization. They would need topay fees and fines, demonstrate proofof employment and English languageacquisition, pass a background check,and meet other requirements.• Allow individuals who were broughtto the United States as children beforethey were 16 and completed highschool or a GED to be eligible forRPI status (DREAMers). Individualswho received Deferred Action forChildhood Arrivals would be grandfatheredinto RPI status. DREAM RPIswould be exempt from penalties andtriggers and are eligible to adjust toLegal Permanent Resident or naturalizeafter five years. Children under16 would not be included and wouldhave a separate set of criteria for theirpath to citizenship.• Address the visa backlog by creatinga new merit-based visa program thatwould award points to individualsbased on several factors, includingemployment, education, and lengthof United States residence. No onewith RPI status would be allowed toSee IMMIGRATION on page 14usmayors.orgApril 29, 2013 U.S. MAYOR Page 13
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