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
- CONGRESS TO DEAL WITH BUDGET AFTER RECESS
- SECRETARY OF LABOR DEFENDS MINE SAFETY RECORD
- FUTURE OF ASBESTOS TRUST FUND BILL UNCERTAIN
- SENATORS TO BEGIN CRAFTING BI-PARTISAN ESA REFORM BILL; NSSGA ACTIVATES A2 GRASSROOTS EFFORT TO SUPPORT REFORM
- NSSGA EXPRESSES OPPOSITION TO PROPOSED USER TAX ON EXPLOSIVES
- FHWA ISSUES GUIDANCE ON CONFORMITY
- NSSGA FILES COMMENTS WITH FCC ON IMPLEMENTATION OF FAX BAN RULES
- COME AND PARTICIPATE IN THE GOVERNMENT AFFAIRS ANNUAL COMMITTEE MEETING IN TAMPA
- ENHANCE YOUR COMPANY'S GRASSROOTS NETWORK THROUGH THE "AGGREGATES IN ACTION" SEMINAR
- SAVE THE DATE FOR THE TCC FLY-IN
CONGRESS TO DEAL WITH BUDGET AFTER RECESS
When Congress returns from its week-long President's Day recess, budget matters are expected to top the agenda. House Majority Leader John Boehner (R-Ohio) said that when the House returns to work it will deal with the concurrent resolution on the budget. The House Budget Committee is expected to mark up the budget resolution during the week of March 5, but exactly when the House will act is uncertain. According to statute, Congress is supposed to pass the budget blueprint by April 15.
Complicating the budget battle this year are lingering issues from the 2006 budget resolution. A tax reconciliation bill that would raise the budget deficit by a cumulative $70 billion over five years still has to be hammered out, and the Treasury Department is seeking a boost in the debt ceiling. Another issue is whether Congress will attempt to follow up last year's hard-fought battle to trim $38.8 billion in spending over five years on entitlement programs with another round of cuts as advocated by the White House and the House and Senate Budget Committee chairmen.
SECRETARY OF LABOR DEFENDS MINE SAFETY RECORD
In an appearance before the House Appropriations Subcommittee on Labor, Health, and Human Services and Education, Secretary of Labor Elaine Chao defended MSHA's mine health and safety record. She contended it was better than that of any administration that preceded it. Subcommittee members closely questioned Chao on enforcement. Subcommittee Chairman Ralph Regula (R-Ohio) wanted to know why MSHA had issued more citations than it did during the Clinton administration but had not followed through with enforcement. Chao responded that until this year, mine fatalities decreased every year since President Bush took office in 2001. Further, Chao told Committee members that the Department of Labor is asking Congress to raise the statutory cap on penalties for "flagrant mine safety violations" due to concern that MSHA's current penalty structure is outdated and may not always produce a sufficient incentive for compliance.
Separately, the MSHA announced that it intends to modernize decades-old regulations governing penalty assessments for violation of the Mine Safety and Health Act. The maximum penalties for flagrant violations are mandated by statute, but penalty levels below that cap are determined by MSHA. Those levels have remained largely unchanged since 1982.
Also on Capitol Hill last week, a Feb. 15 Senate Health, Education, Labor and Pensions Committee roundtable on coal mine safety looked at available technologies that could be applied to help increase safety of workers in underground coal mines. A House roundtable heard from the families of recent mine disasters.
The House Subcommittee on Workforce Protection plans to hold an early March hearing on mine safety, focusing on underground coal mines. NSSGA will file a statement for the record, similar to the statement filed on the Senate side at a January Senate Appropriations Committee hearing.
NSSGA has completed a one-pager that distinguishes aggregates underground mining from other types of underground mining and will be using this in its education of members of Congress. NSSGA members can access the paper on NSSGA's website by clicking here.
FUTURE OF ASBESTOS TRUST FUND BILL UNCERTAIN
On Feb. 14, the Senate voted against waiving a budget point of order brought against the asbestos trust fund bill. The vote was 59-40, with one senator absent, until Senate Majority Leader Bill Frist (R-Tenn.) switched his "Aye" vote to "No" in order to preserve his right to bring the bill back to the floor for reconsideration. Prior to scheduling more time for debate of the bill, however, Frist told Senate Judiciary Committee Chairman Arlen Specter (R-Pa.), the chief sponsor of the bill, that he would need 60 senators' support before he schedules more votes on S. 852. Frist said that he wants to ensure that the bill could survive both a budget point of order and a potential filibuster, either of which requires 60 votes to override. Further, he said that the senators must publicly declare their willingness to support overriding the budget objection and cutting off debate. Once public assurance is given, Frist said he would bring S. 852 up at the earliest possible opportunity.
Frist faces an increasingly crowded election year calendar, which will add to the difficulty of scheduling more floor time for the bill. Even if it survives a budget point of order and a filibuster, additional amendments are anticipated requiring at least another week of debate. NSSGA remains interested in the legislation for three specific reasons: (1) assuring the correct definition of asbestos; (2) providing a fair study of naturally occuring asbestos (Feinstein Amendment); and (3) not allowing asbestos claimants ineligible for compensation under the trust fund to become silica claimants. We will keep members advised of developments.
SENATORS TO BEGIN CRAFTING BI-PARTISAN ESA REFORM BILL; NSSGA ACTIVATES A2 GRASSROOTS EFFORT TO SUPPORT REFORM
Members of the Senate Environment and Public Works Committee plan to begin work on an Endangered Species Act reform bill early in March after receiving reform recommendations from a private consulting group. Fisheries, Wildlife, and Water Subcommittee Chairman Lincoln Chafee (R-R.I.) said that he has received a letter from the Keystone Center outlining recommendations for improving the act, which will be contained in their report. The full report is expected to be issued in three weeks at which time the Committee will begin to draft a bi-partisan bill. The House passed H.R. 3824, which reforms ESA, in September 2005.
NSSGA is urging its grassroots to weigh in with their Senators to urge action so as not to lose the momentum for reform generated by House passage of ESA reform legislation. Please be on the lookout for messages from your Aggregates in Action (A2) Regional Co-Chair or company's A2 grassroots captain or visit NSSGA's Legislative Action Center for more information and a sample letter that you can customize here. Please contact John Boling with additional questions.
NSSGA EXPRESSES OPPOSITION TO PROPOSED USER TAX ON EXPLOSIVES
Once again, the administration has called for imposition of a "user fee on all explosives produced in or imported into the United States." Black and smokeless powder and military munitions are excluded. The administration argues that the purpose of this fee is to ensure that explosives stay out of hands of terrorists and other criminals. The Safety & Security Alliance for Explosives (SSAFE) Coalition, of which NSSGA is a member, counters that criminals and terrorists obviously do not pay these fees nor do they submit to the regulatory program these fees are slated to fund. Since the fees provide no benefit to the regulated industry, the SSAFE Coalition contends they are in fact a "tax".
NSSGA joined other members of the SSAFE Coalition in writing House and Senate Appropriations Committee members to express opposition to the proposed tax. We point out that the tax would be paid by commercial explosives manufacturers and importers to cover the costs of administering and enforcing federal explosives law. The attorney general would have unfettered authority to raise the tax to cover the costs of ATF's regulatory programs. This ill-advised proposal amounts to a $120 million annual tax which translates into a 12 percent increase in the cost of explosives which will be passed along by manufacturers to end users and ultimately borne by all citizens in higher costs of energy and manufactured goods.
NSSGA will continue to work with its coalition partners in urging members of Congress to reject this tax.
FHWA ISSUES GUIDANCE ON CONFORMITY
The Federal Highway Administration (FHWA) and the Environmental Protection Agency (EPA) on Feb. 14 jointly issued an interim guidance explaining how to apply the transportation conformity-related amendments contained in SAFETEA-LU.
Transportation conformity is the process established under the Clean Air Act to ensure that federally supported highway and transit project activities are consistent with, or conform to, the purpose of the state implementation plan (SIP). "Conformity" means transportation activities will not cause new air quality violations, or delay timely attainment of air quality standards. The agencies stressed that the interim guidance does not provide any new requirements and is not legally binding. SAFETEA-LU requires EPA to update the transportation conformity regulations in accordance with the new provisions within two years of enactment. In the interim guidance, the agencies provide advice regarding how to comply with the new provisions until EPA issues the regulations for those areas subject to the conformity requirements.
NSSGA supported providing areas that fall out of conformity with the Clean Air Act a grace period to come back into compliance before transportation infrastructure projects would be halted. SAFETEA-LU provides a one-year grace period for conformity lapse. Further, SAFETEA-LU revised the Clean Air Act transportation conformity provisions to provide an additional six month to re-determine conformity after new SIP motor vehicle emissions budgets either are found adequate, approved, or promulgated; to change the frequency requirements for transportation conformity determinations from three years to four years, except in specified circumstances; to provide an option for reducing the time period covered by conformity determinations; to provide procedures for areas to use in substituting or adding transportation control measures to approved SIPs; and to streamline requirements for conformity SIPs.
Additional information on the transportation conformity rule and associated guidance is available at http://www.epa.gov/otaq/transp/conform.
NSSGA FILES COMMENTS WITH FCC ON IMPLEMENTATION OF FAX BAN RULES
NSSGA submitted comments in response to a Notice of Proposed Rulemaking issued by the Federal Communications Commission (FCC) on proposed facsimile advertising rules. The FCC is required to issue rules consistent with the Junk Fax Prevention Act of 2005 (JFPA) passed July 9, 2005, and have them in place by April 5. As a member of the Fax Ban Coalition, NSSGA supported passage of JFPA and codifying the Established Business Relationship (EBR) exemption in the legislation as was done.
The two issues of concern to NSSGA both relate to the EBR exemption. In the comments filed, NSSGA opposed the FCC placing a time limit on the duration of the EBR exemption, but supported a proposed exception for non-profit associations that excuses them from the requirement that they publish "opt out" information on every unsolicited fax that they send to their membership. Regarding the exception for non-profit associations, NSSGA highlighted the unique relationship between a membership association and its members as the primary reason why this should be implemented.
NSSGA will continue to follow the rulemaking process and update you on the FCC's course of action. Click here to read NSSGA's comments filed with the FCC. Please contact Government Affairs with any questions.
COME AND PARTICIPATE IN THE GOVERNMENT AFFAIRS ANNUAL COMMITTEE MEETING IN TAMPA
This year's Government Affairs Committee meeting will be held on March 9 from 10:45 a.m. - 12:15 p.m at NSSGA's Annual Convention. The committee meeting will highlight NSSGA's legislative agenda for the Second Session of the 109th Congress and include a special update on asbestos. The committee meeting is open to all NSSGA members, and is a wonderful opportunity to learn about NSSGA's advocacy program and become an active member. For more information, contact NSSGA's Government Affairs division.
ENHANCE YOUR COMPANY'S GRASSROOTS NETWORK THROUGH THE "AGGREGATES IN ACTION" SEMINAR
A2 will host the "Aggregates in Action: Activating to Advocacy" seminar on March 10 at 9:15 a.m. at NSSGA's Annual Convention in Tampa. This seminar will provide members with the opportunity to meet and interact with NSSGA's A2 regional co-chairs and learn how to implement a grassroots program in their company. A guest speaker will discuss the key characteristics of a successful grassroots campaign and how to incorporate A2 into your company's grassroots plan. Aggregates in Action will unveiled its new award: A2 Activist of the Year and the award's criteria. To learn more about this exciting opportunity to strengthen your company's grassroots program and the voice of the aggregates industry, contact Patricia Maeder.
SAVE THE DATE FOR THE TCC FLY-IN
The Transportation Construction Coalition (TCC) is busy preparing for the spring TCC Fly-In, May 17-18, at the J.W. Marriott Hotel in Washington, D.C. NSSGA is holding a Government Affairs Committee meeting on Capitol Hill from 11:00 a.m. to 1:00 p.m. on May 17 before the start of the fly-in. Lunch will be served, followed by a one-hour meeting of the ROCKPAC Trustees beginning at 1:00 p.m. The fly-in officially begins at 2:30 p.m. at the Marriott.
There will be a TCC Congressional reception on May 17 from 6:00 to 7:30 p.m. in the Rayburn House Office Building Foyer. NSSGA will hold a ROCKPAC Major Donors dinner beginning at 7:00 p.m.
The morning of May 18 will begin with a breakfast speaker followed by a day of lobbying on Capitol Hill.
Additional details of these events will be provided in the near future.
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