NSSGA Washington Watch
June 14, 2005 Volume 5, Issue 20 

An Industry Update on the White House, Congress and Federal Agencies

Pamela J. Whitted, Vice President, Government Affairs
Jim Riley, Director, Government Affairs
John Boling, Director, Government Affairs
Joe Colaneri, Director, Government Affairs
Patricia Maeder, Division Coordinator


LINKS 
www.nssga.org 
Action Center 
e-Digest 
 In This Edition...

FIRST HIGHWAY CONFERENCE YIELDS ONLY OPENING STATEMENTS

The Conference Committee on the pending surface transportation reauthorization held its first meeting on June 12. (See Washington Watch Update of June 12.) There were no real agreements on conferencable items, just commitments about the need for Congress to get the bill done. Several members expressed the position that the funding differences, the House bill at $284 billion and the Senate bill at $295 billion, could be resolved easily by splitting the difference. However, the administration's insistence on $283.9 billion being the top number the president will sign was specifically reiterated by the White House Press Secretary Scott McClellan when asked June 13 if the president would agree to Congress' "splitting the difference".

The Committee adjourned after opening statements. A second meeting has not yet scheduled. Technically, only one Conference meeting must be held and then work can be done in smaller groups. The Conference would come together again to approve the conference report, which must then be passed by the House and Senate before being sent to the president for his signature.

NSSGA received conflicting advice regarding the surface transportation bill at a Republican Senate meeting over the weekend, and again yesterday. Former Senate Majority leader and Conferee, Sen. Trent Lott (R-Miss.), articulated one view - he told NSSGA representatives that he believes the president will not exceed the $284 funding level and that the Administration very much wants a bill the president could sign on July 4. He also said that the tradeoff for the lower funding level might be the reopener in the House bill. On the other hand, Sen. Jim Talent (R-Mo.) agreed that the White House does want a highway reauthorization bill and that if we keep the pressure on for a couple more weeks, the administration will agree to a higher funding level, probably halfway between the House and Senate bills.

One message continues to resonate -- Congress needs to get the highway reauthorization done before the end of the seventh extension of the bill on June 30. NSSGA, TCC, and ATM have sent letters to the conferees highlighting priorities for reauthorization. In addition, NSSGA has joined on a letter to the conferees urging support for the research provisions contained in the Senate bill, which were derived from the joint NSSGA, ACPA, and NAPA agreement. NSSGA will continue to proactively work for final action on the highway bill.

We urge NSSGA members to contact their members of Congress and press for final action on reauthorization at the highest funding level possible. You can visit the NSSGA Legislative Action Center for draft correspondence that you can electronically send to your lawmakers or call our toll-free Washington Action Hotline at (800) 450-8293 to be connected to their offices on Capitol Hill. We cannot let up the drumbeat. Congress needs to act and act now!

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HOUSE PANEL SET TO APPROVE FY '06 TRANSPORTATION SPENDING

The House Subcommittee on Transportation, Treasury, and Housing and Urban Development, The Judiciary, and District of Columbia is set to meet June 15, to formally approve their version of the Fiscal Year 2006 appropriation bill. The panel, nicknamed T-THUD by Subcommittee Chairman Joe Knollenberg (R-Mich.), will not release any funding details before the mark-up. However, the allocated amount they could spend for all the programs within their jurisdiction is $66.9 billion, compared to President Bush's request of $60.7 billion. Last year, the total spent was $63.2 for all the programs.

Since the House and Senate Appropriation Committees both rearranged the Subcommittee jurisdictions at the beginning of the 109th Congress, which added significant jurisdiction to the Transportation panel, and since Chairman Knollenberg had never served on the Transportation panel before this term, there is considerable uncertainty as to what the chairman's priorities will be. Further complicating the process is the unfinished Transportation Reauthorization bill (H.R. 3) that dictates how funds will be spent. If the transportation-spending bill does not track H.R. 3 exactly, appropriations staff will be forced to revisit the spending bill to bring it into compliance with H.R. 3. NSSGA will follow this process particularly closely and update our members as the spending bill moves through the legislative process.

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INTERIOR APPROPRIATIONS BILL PROGRESSES IN SENATE

On June 9, the Senate Appropriations Committee marked up and reported to the Senate floor a Fiscal Year 2006 Interior Appropriations bill that contains an allocation of $762 million less than the fiscal 2005 level. The bill restores funding for the U.S. Geological Survey's Minerals Information Team, which collects and reports aggregates data. The Interior Appropriations bill was the first to be considered on the Senate side, but will have to wait for consideration by the full Senate until after the Senate completes action on the omnibus energy bill. NSSGA will continue to press for restoration of funding in the final bill of the USGS Minerals Information Team aggregates data reporting. USGS Director Dr. Chip Groat is retiring; Secretary Gail Norton has appointed USGS Chief Scientist Pat Leahy Acting USGS Director.

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MID-SESSION CHAIRMAN SHUFFLE LIKELY

Earlier this month, President Bush nominated Rep. Chris Cox (R-Calif.) to serve as the new chairman of the Securities and Exchange Commission (SEC), replacing William Donaldson who is stepping down. The Senate Banking Committee is looking to early July to hold hearings on the nomination. Cox is currently the chairman of the House Committee on Homeland Security, a post that would become vacant upon his confirmation to the SEC post.

Rep. Don Young (R-Alaska), chairman of theHouse Transportation & Infrastructure Committee, is next in line in seniority on Homeland Security and has expressed his desire to ascend to the chairmanship of that committee. Young, currently chairing the highway reauthorization bill conference committee, would have to step down as chairman of the T&I Committee (under House GOP rules he would have to step down as T&I Chairman at the end of this Congress no matter what because he has served the limit of six years) to take on the Homeland Security chairmanship. Given the timing of the Cox nomination, hearings schedule and upcoming congressional recesses, it is likely that the highway bill will be completed by the time that Cox is confirmed by the Senate, thus freeing Young to pursue the Homeland Security position.

Should Young assume the chairmanship on Homeland Security, there will be a scramble to head up the T&I Committee. Leading contenders include the most senior on the Committee after Young, Tom Petri (R-Wis.), and Reps. John "Jimmy" Duncan (R-Tenn.), John Mica (R-Fla.), Sherwood Boehlert (R-N.Y.) and Howard Coble (R-N.C.), although Coble is said to be more interested in heading up the Judiciary Committee when that post becomes available.

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SENATE PREPARES TO DEBATE ASBESTOS LITIGATION BILL

The Senate Judiciary Committee is preparing for floor debate on the asbestos litigation bill. There is increasing speculation that the bill may be brought to the floor by the end of July. The print of the bill and committee report on the bill have not yet been filed. NSSGA remains an aggressive participant in this process what with the definitional issues involving asbestiform and nonasbestiform. There also are mixed dust language questions, and concerns over mandated EPA studies of asbestos in the natural environment.

NSSGA will continue its background work on the asbestos bill as it moves closer to Senate floor action.

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WATER INFRASTRUCTURE PANEL SCHEDULES WRDA MARK-UP

Chairman John Duncan (R-Tenn.) has scheduled time on June 16, for the House Water Resources and Environment Subcommittee to consider the long awaited Water Resources Development Act (WRDA) of 2005. The bill is the starting point for nearly all water infrastructure projects and, historically, is approved by Congress every two years. Unfortunately, the legislation has been stuck in limbo since the 107th Congress. The legislation is expected to be similar to the House passed version from 2003, which passed by a 412-8 vote.

WRDA 2005 is expected to be larger than normal due to three large projects for which the study phase has been completed and are ready for the construction phase -- the Indian River Lagoon portion of the Everglades project, the Upper Mississippi Locks & Dams/Environmental Restoration and the Louisiana Coastal Restoration.

The full T&I Committee is expected to take up WRDA on June 22, with consideration by the full House of Representatives before the end of the month. NSSGA will keep its members updated on the progress of this bill.

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NEPA TASK FORCE TO MEET IN ARIZONA

The Task Force on Improving the National Environmental Policy Act ("NEPA Task Force") will hold a field hearing on The Role of NEPA in the Southwestern States. The hearing will be held on June 18, at 10:00 am at the Blue Ridge High School located at 1200 W White Mountain Boulevard, Lakeside, AZ 85929. Granite Construction Inc., a member of NSSGA, is scheduled to testify. If you are in the area, NSSGA encourages your attendance.

NSSGA has submitted comments to the Task Force with specific suggestions for actions that can be taken to improve the process. NSSGA strongly urges its members to submit comments to the task force. As an organization that works in the best interest of its members, feel free to work from NSSGA's comments. Simply email your comments to: nepataskforce@mail.house.gov.

The Task Force on Improving the National Environmental Policy Act is a select, bipartisan group of House Resource Committee members selected by Chairman Richard Pombo (R-Calif.) and Ranking Member Nick Rahall (D-W.Va). The Task Force is charged with reviewing and making recommendations on improving the National Environmental Policy Act (NEPA). The goal is to ensure that the original intent of NEPA - that federal decisions are made in an appropriate, environmentally sound manner, rather than being focused by litigation - will become the way the statute will be implemented going forward. For more information on the NEPA Task Force, please click here.

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CLEAN WATER INFRASTRUCTURE TRUST FUND OUTLINED AT CONGRESSIONAL HEARING

The House Water Resources and Environment Subcommittee is holding a pair of hearings on financing water infrastructure improvements, in light of the growing funding gap between infrastructure needs and current levels of investment. Chairman John Duncan (R-Tenn.) stated, "the Congressional Budget Office, EPA, and the Water Infrastructure Network have estimated that it could take over $400 billion to address our nation's clean water infrastructure needs over the next 20 years, twice the current level of investment by all levels of government."

A public opinion poll conducted by Luntz Research Companies and Penn, Schoen and Berland indicates strong public support for investment in water infrastructure and the creation of a trust fund dedicated to maintaining that network. According to Dr. Frank Luntz, 71 percent of those polled feel that clean water is a national issue that requires dedicated federal funding, and 86 percent support the concept of a federal trust fund for water infrastructure. Over 80 percent responded that they are willing to pay more for clean water.

Creation of a clean water trust fund, similar to the highway and aviation trust funds, was an approach discussed at the hearing. Witnesses touted the benefits of having a water infrastructure trust fund, while another witness cautioned that the financial burden of maintaining a trust fund should not fall unfairly on particular interests but should represent a fair and equitable system of funding. The second hearing on Tuesday, June 14 will look at other means of financing water infrastructure projects.

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Alexandria, VA 22314
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