Jim Riley, Director, Government Affairs
John Boling, Director, Government Affairs
Patricia Maeder, Division Coordinator
www.nssga.org
Action Center
e-Digest
- SENATE MAY TRY TO MOVE "TRIFECTA" BILL IN SEPTEMBER
- SENATE PASSES PENSION REFORM MEASURE
- SENATE PASSES OFFSHORE OIL BILL; DIFFERS SIGNIFICANTLY FROM HOUSE BILL
- SENATE FAILS TO CONFIRM MSHA, USGS NOMINEES
- SENATE COMMITTEE HOLDS WETLANDS HEARING
- FEC TO RULE ON GRASSROOTS EXEMPTION TO CAMPAIGN RESTRICTIONS
- TAX REFORM RECEIVES ATTENTION OF SENATE FINANCE COMMITTEE
- TAKE TIME DURING THE CONGRESSIONAL RECESS TO MEET WITH YOUR ELECTED OFFICIALS
- REGISTRATION OPEN FOR NSSGA GOVERNMENT AFFAIRS/COMMUNITY RELATIONS FORUM
SENATE MAY TRY TO MOVE "TRIFECTA" BILL IN SEPTEMBER
After failing to win a cloture vote (motion to end debate) Aug. 3 on the "trifecta" bill, the Senate may try to move it again once they return from their month-long August recess. The so-called "trifecta" includes a permanent reduction in the death tax, a phased-in increase in the minimum wage to $7.25/hour in 2009, and extension of popular tax breaks in addition to a host of other measures termed "sweeteners" that were inserted in an effort to gain the 60 votes needed to proceed to a final vote on the bill.
The Aug. 3 cloture vote failed on a 56-42 vote, four short of the required 60 votes. The vote was originally 57-41, but Senate Majority Leader Bill Frist (R-Tenn.) switched his vote to "no" so he could bring the bill up at a later date under Senate procedural rules. Two senators were absent - Sen. Max Baucus (D-Mont.), whose nephew was killed in action in Iraq earlier in the week, and Sen. Joe Lieberman, (D-Conn.) who was back home campaigning to retain his senate seat in a difficult primary election. (Baucus voted to end debate on an earlier death tax repeal bill.)
Republican Sens. George Voinovich (R-Ohio) and Lincoln Chafee (R-R.I.) were the only Republicans to vote against cloture. Democrat Sens. Robert Byrd (D-W.Va), Ben Nelson (D-Neb.), Bill Nelson (D-Fla.) and Blanche Lincoln (D-Ark.) all voted for the bill. Byrd had previously voted against full repeal, but supported the compromise, which included funds for the cleanup of abandoned coal mines.
This compromise bill would have exempted most estates worth less than $10 million and lowered the tax rates on estates above that amount. The minimum wage would have been increased from $5.15 an hour to $7.25 over three years. NSSGA is a member of the Death Tax Working Group that is pressing for a permanent reduction of the death tax. Please visit NSSGA's Legislative Action Center to learn more about how you can take action and be sure to take advantage of the congressional August recess to press our industry's case on this and other issues.
The Senate voted 93-5 on Aug. 3 to overhaul the nation's private pension system. The legislation is aimed at requiring companies to fully fund their pension plans and to shore up the federal agency that insures private pension plans, the Pension Benefit Guaranty Corporation (PBGC). Among the provisions is a requirement for companies to fund 100 percent of their plan liabilities, up from 90 percent under current law. Those with funding shortfalls generally would have seven years to make up the difference. Companies with defined benefit plans also will be required to use a lower interest rate to calculate the return on their fund investments, forcing them to put more money into the plans. Those at risk of default would be subject to other restrictions and would have to make accelerated contributions.
Other provisions include ones aimed at encouraging workers to make contributions to retirement savings plans, such as allowing companies to automatically enroll employees in a 401(k) plan. The pension bill also offered the opportunity for Congress to make technical corrections (no substantive changes) to the MINER Act as well as fix an error in SAFETEA-LU that will free up $50 million to repair Montana's "Going-To-The-Sun" road, a priority for Sen. Max Baucus (D-Mont.). NSSGA will continue to analyze the legislation and report on any aspects impacting the aggregates industry.
SENATE PASSES PENSION REFORM MEASURE
The Senate passed its version of legislation to expand offshore oil and gas development by a 71-25 vote on Aug. 1. The Senate action came after Republicans were able to pull together enough disparate parties interested in passing a bill to expand drilling in the Gulf of Mexico. The bill became the first energy bill to pass the Senate since the spike in oil prices.
The bill, S. 3711, is narrowly focused and would authorize drilling in about 8.3 million acres of the eastern Gulf, while banning wells along the coast of Florida and directing a portion of the revenue to Gulf states for coastal restoration. By contrast, the House bill is much broader and would end 25 years of protection along most of the nation's coast and give states control out to 100 miles. Drilling would be allowed beyond that. Of particular interest to NSSGA, are provisions of the House bill that would direct a small portion of the revenues from offshore development to support traditional petroleum and mining schools.
A conference committee will have to resolve differences between the two bills but it will be very difficult. Senate leaders contend a bill resembling the House measure has no chance of passage by the Senate. Senate Minority Leader Harry Reid (D-Nev.) said that he would join a filibuster to block the bill if the House does not yield to the Senate-passed language as is. Meanwhile, House leaders said they would not accept the Senate bill's approach, citing a desire for broader policy changes to address the nation's energy woes.
SENATE PASSES OFFSHORE OIL BILL; DIFFERS SIGNIFICANTLY FROM HOUSE BILL
The Senate left Washington for the August recess without holding confirmation votes on the nominations of Richard Stickler of West Virginia, to be Assistant Secretary of Labor for Mine Safety and Health; Mark Myers of Alaska, to be Director of the United States Geological Survey; and John Ray Correll of Indiana, to be Director of the Office of Surface Mining Reclamation and Enforcement. Sen. Ron Wyden (D-Ore.) placed holds on the nominations of Correll and Myers because of differences with the Bush administration over reauthorization of the 2000 Rural School and County Self-Determination Act. Correll also has drawn opposition from Senate Energy and Natural Resources Committee ranking member Jeff Bingaman (D-N.M.) and Sen. Robert Byrd (D-W.Va.) over issues during his tenure as deputy assistant secretary for operations at the Mine Safety and Health Administration.
The nominations were returned to the president, an indication of a lack of support and that the Senate is unlikely to confirm them before the end of the year. The president can make recess appointments, which last until the end of this Congress, resubmit the names when the new Congress convenes in January or withdraw the nominations and make new ones.
SENATE FAILS TO CONFIRM MSHA, USGS NOMINEES
Senate Environment and Public Works Fisheries, Wildlife, and Water Subcommittee Chairman Lincoln Chafee (R-R.I.) held an Aug. 1 hearing on the recent Supreme Court ruling on wetlands. Both the Army Corps and EPA's assistant administrator for water, Ben Grumbles, told committee members that they did not know when a guidance to clarify the scope of the ruling would be issued. The guidance is expected to define the "significant nexus" test and clarify the scope of Section 404 over seasonal rivers, perennial streams, and intermittent flows through desert regions.
Until the guidance is issued, Grumbles told the subcommittee EPA and the Corps have been told to defer making wetlands determinations. Full committee chairman James Inhofe (R-Okla.) and subcommittee member Lisa Murkowski (R-Alaska) expressed support for rulemakings to clarify the court ruling as opposed to legislative fixes endorsed by Sens. Hillary Clinton (D-N.Y.), ranking member of the full Committee James Jeffords (D-Vt.), and Frank Lautenberg (D-N.J.).
NSSGA is filing a statement for the record of the Senate subcommittee hearing and is closely following agency action on the issue.
SENATE COMMITTEE HOLDS WETLANDS HEARING
The Federal Election Commission (FEC) has announced that it will vote Aug. 29 on a proposed rule to allow a "grassroots lobbying exemption" in the period immediately leading up to congressional elections. If adopted, this rule would allow corporations, unions and associations to run television and radio ads highlighting the policy positions of incumbent Members of Congress in the period during which such activities are otherwise banned by provisions of the Bipartisan Campaign Reform Act of 2002 (BCRA). BCRA barred corporate and union funding of "electioneering" ads mentioning candidates in the period 60 days before a general election and 30 days before a primary. The grassroots lobbying proposal, as an "interim final rule," would go into effect immediately if approved by a majority of the six FEC commissioners.
The proposed rule would only impact incumbents and be limited to those policy issues "under consideration" by the Legislative and Executive Branches. The ads could not refer to an officeholder's "character, qualifications, or fitness for office" but could discuss previous positions taken on a policy issue. The measure bars corporate and union funding for messages that "promote, support, attack, or oppose" candidates.
The law allows the FEC to write regulations to create exceptions to the limits on funding for electioneering communications, but the FEC has never before exercised this authority. The new proposal for a lobbying exemption follows up on a petition for rulemaking that was filed with the FEC in February by a coalition of interest groups from across the political spectrum. NSSGA will closely follow the FEC's rulemaking on this issue and relate how it will potentially impact upon the aggregates industry's participation in elections.
FEC TO RULE ON GRASSROOTS EXEMPTION TO CAMPAIGN RESTRICTIONS
The Senate Finance Committee took another look at tax reform in a hearing on Aug. 3. The committee heard from the chairman and vice chairman of the President's Advisory Panel on Federal Tax Reform, former Sens. Connie Mack (R-Fla.) and John Breaux (D-La.), respectively. The reform panel's product - two recommendations, with one based on the current system and the other an overhaul - all but disappeared when events in the Middle East overtook them. Nevertheless, Finance Committee Chairman Charles Grassley (R-Iowa) said the committee was starting down a trail toward reform that would not prove easy but is nonetheless a "trail we must maneuver." NSSGA will continue to follow developments regarding tax reform.
TAX REFORM RECEIVES ATTENTION OF SENATE FINANCE COMMITTEE
Congressional relationships require constant care and refreshing. The Senate and House are in recess for the month of August. Now is the time to meet with your elected officials at home during the August Congressional Recess. Repeal of the death tax (see article above) has been a top priority of NSSGA and we notified senators prior to the recess that we would score the vote on the trifecta bill as a "key vote" for purposes of our voting scorecard. This is the ideal time to reinforce this message with your legislators.
During recess, legislators often are easily accessible and willing to take more time to meet with you. Typical meetings may last no more than 15 minutes, so it is best to prepare yourself ahead of time to make the most of the visit. Some things that you can do to maximize the positive impact of your meeting are:
NSSGA has updated our laminated pocket cards, a handy tool for meetings with elected officials and candidates. Please contact Government Affairs if you want additional cards. Also, don't forget to reference NSSGA's Legislative Action Center for other helpful resources, including in-depth information on NSSGA's current legislative priorities. Please contact NSSGA's Government Affairs Division if you receive any useful feedback.
TAKE TIME DURING THE CONGRESSIONAL RECESS TO MEET WITH YOUR ELECTED OFFICIALS
Register today for the first-ever Government Affairs/Community Relations Forum, Nov. 12-14 at the Radisson Plaza Lord Baltimore hotel in downtown Baltimore, Md. The Government Affairs and/Community Relations Forum is tailored to meet the needs of aggregates professionals who represent their operations before the media, elected officials and community leaders. This forum will provide new and advanced tools to produce more effective communications, and it has been designed specifically for the employee who wears more than one hat in his or her organization.
In addition to the communications tools, sessions dealing directly with issues that predominate in the aggregates industry will be presented, including permitting and regulations; local, state and federal government relations; land use and your local government. Through these expert-led sessions, seasoned communications and government affairs professionals and beginners can study the basic and the newest techniques.
The Forum will also offer a VIP "Behind the Scenes Tour of The Rocks Gallery" at the Smithsonian's National Museum of Natural History. This exclusive tour will take you into the research halls of the Smithsonian to learn and view first-hand some of the "rocks" that have impacted the development of our quality of life. Stay-tuned to the Washington Watch and e-Digest for more information. When registering, be sure to enter promotional code GACR06ED. Click here to register.
REGISTRATION OPEN FOR NSSGA GOVERNMENT AFFAIRS/COMMUNITY RELATIONS FORUM
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