Jim Riley, Director, Government Affairs
John Boling, Director, Government Affairs
Joe Colaneri, Director, Government Affairs
Patricia Maeder, Division Coordinator
www.nssga.org
Action Center
e-Digest
- HOUSE MAJORITY LEADER TO STEP DOWN; RACE IS ON TO SUCCEED HIM
- LOBBYING REFORM SURGES TO AGENDA FOREFRONT
- HOUSE MUST VOTE AGAIN ON BUDGET PACKAGE
- SENATOR ENZI SCHEDULES MINE SAFETY HEARINGS
- FCC ISSUES NOTICE OF PROPOSED RULEMAKING ON FAX BAN IMPLEMENTATION
HOUSE MAJORITY LEADER TO STEP DOWN; RACE IS ON TO SUCCEED HIM
On Jan. 7, House Majority Leader Tom DeLay (R-Texas) announced he would not seek to reclaim his leadership position for the good of the Republican Party and instead will return to his seat on the Appropriations Committee. Speaker Dennis Hastert (R-Ill.) said leadership elections will be held Feb. 2, just after the House is scheduled to start the second session of the 109th Congress.
The office of Majority Leader is considered the second most powerful position in the House, right behind the Speaker. DeLay was forced to step temporarily aside from his post last year when he was indicted on money laundering and conspiracy charges stemming from a plan to redistrict congressional districts in Texas. Republican caucus rules require any member under indictment to vacate a party or committee leadership position until the matter is resolved.
Acting Majority Leader Roy Blunt (R-Mo.) and House Education & Workforce Committee Chairman John Boehner (R-Ohio) have already announced their intentions to seek the position, although another member, possibly Rep. John Shadegg (R-Ariz.), could throw his hat into the ring before the vote. Blunt currently serves as Majority Whip and assumed some of the responsibilities of the Leader role after DeLay stepped aside. The victor needs to secure 116 votes, a majority of the 231 elected Republicans in the House, to win.
If Blunt is elected to the Majority Leader position, he must then vacate his Majority Whip post. A second vote would then be held for Majority Whip. Rep. Eric Cantor (R-Va.), who currently serves as the Chief Deputy Whip, a position appointed by the Majority Whip, has already declared in that race. Reps. Mike Rogers (R-Mich.) and Todd Tiahrt (R-Kan.) have also entered the race and Zach Wamp (R-Tenn.) has indicated that he may jump in as well.
NSSGA will not take an official position nor endorse a candidate in any of these races. Keep reading the Washington Watch and E-Digest, however, to learn how the new House leadership line-up will affect the aggregates industry.
LOBBYING REFORM SURGES TO AGENDA FOREFRONT
The recent plea agreement between lobbyist Jack Abramoff and federal prosecutors as well as the ensuing stampede by lawmakers to return contributions received from him have resulted in a growing number of members of Congress calling for lobbying reform. Five bills have been introduced in the House and two in the Senate. Generally, the bills call for increased disclosure of lobbying activities and travel arranged for Members of Congress.
Speaker Hastert has designated Rep. David Dreier (R-Calif.) as the lead on reform in the House. Senate Majority Leader Bill Frist (R-Tenn.) has tasked Sen. Rick Santorum (R-Pa.) to develop a reform package. No matter what legislation is ultimately used as a vehicle to overhaul lobbying rules, the current scandal is likely to stimulate new interest in ethics education for Members of Congress and lobbyists and result in a more tentative relationship between lawmakers and lobbyists at least in the near future. The concern is that discussion of lobbying reform will take attention from other important legislation matters that the 109th Congress has not yet considered. NSSGA is closely tracking developments.
HOUSE MUST VOTE AGAIN ON BUDGET PACKAGE
Due to the fact the Senate made changes in the $40 billion budget-cutting package before returning it to the House, which had already adjourned for the year, the House must vote again on the bill. House Republicans believe they have the necessary votes for passage of the $40 billion budget-cutting bill shortly after the House reconvenes on Jan. 31. The need for another vote, however, probably will require more Republican members to cast a sensitive vote. Ten Republicans did not vote on the conference report shortly before it passed at dawn Dec. 19 by a 212-206 vote. Six Democrats also missed the vote. Because moderate Republicans won many of the changes they sought, including removal of provisions to open the Alaska National Wildlife Refuge to oil and gas development, it will be hard for them to oppose the bill now. The vote on the budget savings bill sets the stage for votes later in the year on a $70 billion tax cut package and an increase in the debt ceiling.
SENATOR ENZI SCHEDULES MINE SAFETY HEARINGS
Sen. Mike Enzi (R-Wy.), Chairman of the Senate Health, Education, Labor and Pensions Committee, (HELP) is working with Ranking Member Sen. Ted Kennedy (D-Mass.) to schedule an oversight hearing on mine safety in March in response to the West Virginia mine accident Jan. 2 that killed 12 miners. Enzi also apparently will expedite the confirmation process for Richard Stickler, President Bush's nominee to head the Labor Department's Mine Safety and Health Administration (MSHA). Stickler formerly was Director of Pennsylvania's Bureau of Deep Mine Safety during the 2002 rescue of nine miners who were trapped for more than three days in a mine near Somerset, Pa.
In addition to the Senate HELP Committee hearing, Sen. Robert Byrd (D-W.Va.) has announced the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies will hold a mine safety hearing. Byrd has worked with Sens. Arlen Specter (R-Pa.) and Tom Harkin (D-Iowa)--the Chairman and Ranking Member of the Senate Appropriations Subcommittee to schedule it.
NSSGA has established a strong, productive working relationship with Chairman Enzi and his staff and will not only closely monitor these important hearings on mine safety, but develop a statement for the hearing record.
FCC ISSUES NOTICE OF PROPOSED RULEMAKING ON FAX BAN IMPLEMENTATION
The Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking (NPRM) on the implementation of the Junk Fax Prevention Act of 2005. The act requires the FCC to issue regulations implementing it no later than April 5. NSSGA, as a member of the Fax Ban Coalition, supported passage of this measure, which, among other things, allows organizations to send unsolicited commercial faxes to customers, members and vendors as long as they have an "established business relationship" (EBR) with those recipients. The law authorizes the FCC, after a period of three months from the date of enactment of the statute, to consider limits on the duration of an EBR. The FCC has set a Jan. 18 deadline for filing comments on the NPRM.
According to the statute, before the FCC can impose time limits on the EBR, the commission must first determine that there are a significant number of complaints about unsolicited faxes specifically sent under an EBR. The FCC must also evaluate the costs to the sender of proving the EBR and the benefits to the recipients, and determine that the cost to small business would not be burdensome.
The coalition does not believe that the FCC should be considering time limits for the EBR at this point and will so argue in comments the group submits on the proposed rule. The four-point test outlined above and defined in the Junk Fax Prevention Act must be met before the commission can regulate EBRs, and that test has not been met. The FCC has made no such determination at this point and therefore this rule-making premature. While the law permits the FCC to consider limits after three months, they are not required to do so at this time.
NSSGA is participating in the development of comments on the rule and will remain vigilant that our hard-fought legislative victory is not undermined in the regulatory process.
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