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
- ELEVENTH EXTENSION OF TEA 21 REAUTHORIZATION AHEAD; CONGRESS EDGES TOWARD PASSAGE OF TEA 21 REAUTHORIZATION
- SPECTER SEEKS MORE ASBESTOS INFORMATION
- NSSGA MEMBER TESTIFIES AT FIELD HEARING ON NEPA HELD IN TEXAS; NEW MEXICO HEARING ON TAP
- DEATH TAX REPEAL VOTE LIKELY THIS WEEK; NSSGA WEIGHS IN WITH SENATORS
ELEVENTH EXTENSION OF TEA 21 REAUTHORIZATION AHEAD; CONGRESS EDGES TOWARD PASSAGE OF TEA 21 REAUTHORIZATION
Congress appears to be nearing passage of TEA 21 reauthorization. Negotiators on the highway bill reached agreement on the outline of a formula for distributing highway funding to the states; the deal splits the difference between the House proposal and the Senate bill as follows: FY 2005 - 90.5 percent; FY 2006 - 91.5 percent; FY 2007 - 91.5 percent; FY 2008 - 92 percent; FY 2009 - 92 percent.Although the bill is still expected to be passed this week, one major but non-highway issue remains problematic: how to divide up an estimated $45.3 billion in transit spending (over five fiscal years) between the Federal Transit Administration programs and accounts. Also, the Senate bill proposes significant changes in the labor protections for transit workers that are not included in the House bill and which are opposed by the transit unions.
Conferees and staff are remaining silent about the details of the bill until the conference report is filed (possibly late tonight). Final approval is not likely until after the vote on the Central America Free Trade Agreement (CAFTA), which is not expected to occur until late Wednesday at the earliest. Since the vote on the trade agreement is still very close, it is thought that House leadership will hold the highway reauthorization until after the CAFTA vote.
Therefore, an eleventh extension still is anticipated in order for the bill to be enrolled and a clean copy prepared for the president's signature, and to avoid furloughing of FHWA employees. NSSGA will continue to keep you advised of developments as they occur.
SPECTER SEEKS MORE ASBESTOS INFORMATION
Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) said on July 25 that he and Ranking Member Patrick Leahy (D-Vt.) would seek during a committee meeting on July 28 the authority to issue subpoenas to determine how much individual companies would contribute to a proposed $140 billion asbestos trust fund. That fund, which would be established under the asbestos litigation bill authored by Sens. Specter and Leahy, would be used to compensate asbestos victims, replacing lawsuits against companies in asbestos cases. Sen. Specter has indicated that if he cannot get that information during the August recess, he would seek a subpoena.It is expected that the asbestos bill will come to the Senate floor for debate in the fall. As much as two to three weeks of floor time may be required for debate. Should the bill pass the Senate, it will then be sent to the House where little, if any, activity has yet taken place on the issue. NSSGA will remain active in selected but critical debates over the accurate scientific definition of asbestos so that there is not legal confusion, nor inadvertent inclusion of nonasbestiform minerals. On the Senate floor we may face a whole host of new challenges and in the House the legislative preparations will be intensive; we will have much work to do, with the aid of NSSGA's Minerals Definition Task Force, to promote our positions. You may be certain of our strong aggressive advocacy as this issue continues to move through the Congress.
NSSGA MEMBER TESTIFIES AT FIELD HEARING ON NEPA HELD IN TEXAS; NEW MEXICO HEARING ON TAP
The House Task Force on Improving NEPA held a successful field hearing on improving NEPA in Nacogdoches, Tex., on July 23. Stephen England, Manager of Mined Lands for TXI, an NSSGA member, testified at the hearing. Task Force Chairman Cathy McMorris (R-Wash.), Rep. Louie Gohmert (R-Texas) and approximately 200 hundred attendees heard the testimony of a panel of witnesses that included Mr. England representing his company and construction materials producers. Also testifying were representatives of the forestry and agriculture sectors, the chairman of the Texas Railroad Commission, which regulates natural resources in Texas, and two environmentalists. Mr. England focused on the fact that it is nearly impossible to plan for permitting when there is a federal decision required. He called for establishing reasonable deadlines and tighter schedules for the NEPA reviews to allow planning finality and to avoid prolonged project delays, while still protecting the environment.Task Force Chairman McMorris has scheduled the next field hearing on improving NEPA for Monday, August 1, at 10:00 a.m. at Rio Rancho High School, 301 Loma Colorado, Rio Rancho, N.M. The hearing title is: "The Role of NEPA in the Intermountain States" and will focus on the states of New Mexico, Utah, Colorado and Wyoming. We encourage members to attend the hearings if at all possible. If not, please file comments with the Task Force via email at: nepataskforce@mail.house.gov. Contact Pam Whitted or John Boling with any questions.
DEATH TAX REPEAL VOTE LIKELY THIS WEEK; NSSGA WEIGHS IN WITH SENATORS
Senate Majority Leader Bill Frist announced that he plans to hold a cloture vote to cut off debate on H.R. 8, permanent death tax repeal, most likely on July 28. Frist is proceeding following consultation with his colleagues and an assessment of the current situation regarding both the upcoming August recess scheduled to begin on July 29 and what is currently on the Senate calendar for this week. Sixty votes will be required to invoke cloture and proceed to a vote on death tax repeal. Supporters count nearly that number of senators having expressed some measure of support for repeal.In addition to H.R. 8, discussions are continuing on alternatives to permanent repeal in order to garner more votes, ranging from a permanent total repeal effective this year (instead of 2011 as would happen under current law) to a compromise that would lower the rate to match the capital gains tax rate with an exemption of $8 million. Sen. Max Baucus (D-Mont.) may offer an amendment but only if the motion to invoke cloture on the motion to proceed to consideration of the bill is agreed to and debate on the bill begins. The Baucus amendment could be a catchall approach that includes many favorite Democratic tax proposals - setting up a dilemma for Senators on voting in favor of what opponents to permanent repeal characterize as "the rich" or for the Democratic alternative.
NSSGA is a member of the Death Tax Repeal Working Group and actively promoting its elimination. NSSGA President & CEO Joy Wilson sent a letter last week to every senator urging that they vote for full repeal when the bill is considered.