Congressional Expectations in 2010

Congress is not even close to finishing the issues it began this past January, and when they return following their brief winter break, they will face a number of regulatory issues, including:

• Federal Trade Commission (FTC) -- Expect the FTC to get more involved in consumer financial protection. Under new proposed regulations, the FTC will be given more authority to levy fines and investigate firms doing with others know to violate FTC rules. Privacy will also be an issue, in terms of how media companies, retailers, advertisers and others collect and use consumer information. THOUGHTS??? Contact your Member of Congress.
• Food and Drug Administration (FDA) -- Next year Congress also will look at our nation's food safety laws.
• Transportation -- Congress will look at two major bills next year, including the new proposed "Jobs" bill and the re-authorization of the Transportation Equity Act which expired this past September but was extended into next year. Another issue however, will be an issue that a number states have already considered -- TXTing while driving. But these regulations will be geared toward truck drivers.
• Environment -- Congress will continue their debate on climate change and air emissions while also looking at our nation's fresh water system.
• Taxes -- Congress will also address tax issues that are set to sunset in the coming year.

Regardless of the issues, next year proves to be a busy one. On top of the packed Congressional agenda, 2010 also is an election year so by definition each issue is a political issue and will be weighed in the context of how it is perceived back home. Therefore, it is vital that you make your views known, advocate for or against issues important to you and your business, and ask for money for various programs and projects. In this economy, we all can use a little help from Congress and the Federal government.

Delays in Transit Expected

There is no doubt that Congress has a full agenda. Health care reform has been dominating their time, followed by climate change legislation and issues in the Middle East. The end of its fiscal year is just a few days away and they, like the Michigan Legislature, have yet to pass their funding bills.

For example, the current surface transportation law, the Safe, Affordable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU, P.L. 109-53), was adopted in 2005 and expires on September 30, 2009. To give you some idea of how political this bill was -- When Congress finally passed the last transportation bill in 2005, it took two years and 12 extensions to complete. Although Congress has a bill now drafted, the President wants to put off this measure until after the midterm elections in 2010. A delay in the re-authorization will hinder the planning of transportation projects and perhaps put them in jeopardy of ever getting completed.

At stake is the dwindling Highway Trust Fund, financed by a federal gas tax that pays for repairs to the nation’s crumbling infrastructure. At issue is an effort by Congress and the President to set the nation’s transportation policy for the rest of the decade and perhaps for decades to come. The outcome will be critical to state and local governments that depend on federal assistance to maintain and improve their transportation systems.

The end game will be the creation of a funding mechanism that will ensure the national transportation system will meet the demands of an expanding population while also accommodating the environmental priorities of those who want to see less road congestion, less accidents and more transit options.

For transportation planning organizations it could mean a modern, sustainable and seamless surface transportation network, that fully integrates and connects the nation’s small urban and rural regions with global, metropolitan and neighboring markets. It could also mean increased federal investments in existing and new rural public transportation system, with an emphasis on establishing stronger incentives and program flexibility across the spectrum.

While we will wait for almost a year before Congress will most likely pass a transportation bill, Congress continues to debate issues of transit and transportation. For example, the U.S. House of Representatives passed the “American Clean Energy and Security Act” (H.R. 2454) in June, and the Senate Environment and Public Works Committee is currently developing their version. Both bill contain provisions affecting transit. Although Congress will not pass a transportation bill until next year, there are still opportunities for transit agencies and organizations to secure resources for a variety of projects through existing bills, and help shape funding for future projects by taking a proactive role in advising Congress on what is important to your agency and community.

Therefore, if you have certain projects that need to be funded or policy related issues that can benefit your program, it is important that you meet with your planning organizations, MDOT, the Governor and your Congressional Delegation to ensure their priorities are your priorities. Then it is important to work with your chambers and other community organizations to build a solid base of support for your projects. Despite a full agenda, Congress needs to hear from you and what you need to provide valuable resources to your community. With limited funds from the state and dwindling budgets all around, it seems that Congress is our only option.

Daniel Cherrin is the former Communications Director/Press Secretary for the City of Detroit and to Detroit Mayor Kenneth V. Cockrel Jr. He is now President of North Coast Strategies, which provides cutting edge practical advice where government action or inaction, litigation vulnerability or complex regulatory requirements will impact your reputation and bottom-line. You can reach Cherrin at dcherrin@NorthCoastStrategies.com or (313) 300-0932.

Congress poised to reauthorize transportation bill despite calls to wait

With a number of items on their plate, such as:

• Climate Change;
• Health Care;
• Financial Market Reform; and
• Immigration Reform

Congress also is debating how much to spend fixing the nation's transportation system. According to Roll Call, Rep. Jim Oberstar (D-Minn.), has been pushing a six-year, $500 billion bill (highway bill) to repair highways, bridges, airports and mass transit systems, among other things. But President Barack Obama and some Members of Congress instead support a smaller, $20 billion extension of current spending that would delay an overhaul for at least another 18 months.

The House Transportation and Infrastructure (T&I) Committee wants to move the transportation authorization bill forward and pass a bill the President will sign before it expires on September 30, 2009. As a result, the T&I Committee is working hard this week to approve a $3 billion infusion for the Highway Trust Fund. Passing a bill out of committee this week, would set the stage to avoid an extension and continue to keep various projects funded. They argue the reauthorization will create jobs, and allow for the construction of badly needed bridges and roads. Any extension, committee members argue, will leave states unsure as to how to move forward on any project.

The Senate also is poised to pass a bill before their August recess. But the Senate could spoil Oberstar’s plans by passing a bill that provides a short-term fix until they could pass a more comprehensive bill sometime next year.

The President supports waiting. He has a number of priorities that his Administration is working on and want resolved before tackling this important piece of legislation.

Regardless of the outcome, America’s transportation policy is set on a path that favors sustainability and “intermodal” transport. Nonetheless, creative financing must be found to ensure state's like Michigan get their fair share and that funding is secured for projects such:

• The M1 Rail project;
• Bus improvements in Saginaw;
• New buses for the Branch Area Transit Authority; or,
• New buses for the Muskegon Area Transit System;

According to Roll Call:

• The National Highway System carries 40 percent of all U.S. traffic and 75 percent of truck traffic.
• America relies on trucks to deliver nearly 100 percent of our consumer goods and 70 percent of our nation’s freight tonnage.
• Over the past 25 years, the number of registered vehicles has increased more than 50 percent, yet new road miles have grown by less than 5 percent and lane capacity has increased by just 6 percent.

According to the Texas Transportation Institute:

• Congestion annually costs the U.S. economy $87.2 billion in the form of 4.2 billion lost hours and 2.8 billion gallons of wasted fuel.
• If key congestion bottlenecks were eliminated, the trucking industry alone could save 4.1 billion gallons of fuel over 10 years and 45.2 million tons of carbon dioxide emissions.

The federal government, in consultation with state and local government and private-sector stakeholders, should tie federal funding to the fulfillment of broad national goals in order to ensure that federal investments are consistent with national priorities. While organizations have been consulting and lobbying Congress for more than a year, it is not to late to join the discussion and offer suggestions as to what the nation's transportation policies should be for the next six years, and how it should be funded. Those affected by transportation policies should work through their trade association and/or individual lobbyists to represent their interests.