BANKRUPTCY REFORM EFFORT STOPPED AT THE GOAL LINE?

 

            Despite their best efforts, Congressional supporters of bankruptcy reform legislation again may be stopped in sight of the finish line, as a last-minute budget deal ends the lame-duck session of the 106^th Congress.

            The House of Representatives is slated to vote on the deal this afternoon, and the Senate will follow suit this evening.  While the Senate anticipates staying in session pro forma, a long-threatened Presidential veto is expected to come this weekend.  Supporters of the bankruptcy bill note that 70 Senators--more than enough to override a veto--support bankruptcy reform.

            “To come so far only to fall short again would be a real disappointment,” said Tracy Mullin, NRF’s President and CEO.  “It is would be incomprehensible for the White House to refuse to live up to the President’s pledge to support personal responsibility by signing meaningful bankruptcy reform legislation.”

            NRF would like to extend its thanks to its members and its fellow associations whose steadfast support throughout the past four years kept hope alive even in the darkest moments of the Senate debate.  Your continued support will be essential as bankruptcy reform legislation again may be a top priority for NRF in the 107^th Congress.

            If you have any questions, please contact Mallory Duncan or Katherine Lugar at (202) 783-7971.

 

 

CONGRESS ABANDONS EFFORT TO BLOCK ERGONOMICS RULE

 

            New ergonomics standards released by the Occupational Safety and Health Administration (OSHA) are likely to take effect, despite repeated attempts by Congressional opponents to block implementation of the regulations.

            On November 13, OSHA released its final ergonomics standard.  The sweeping new standards are the most costly ever to come out of OSHA, with costs expected to run from OSHA’s conservative $4.7 billion a year estimate to the Small Business Administration's estimate of $60 billion a year or more.  The rule, which will take effect on January 16, 2001, requires employers to be in full compliance by October 14, 2001.  It applies to all general industry employers and employees.

            Provisions included in the Labor-HHS appropriations measure that would have blocked funding for the standards was dropped this week, as Congressional budget negotiators finally felt they were close to ending the budget stand-off with the White House.

            Next year, opponents of the regulations are expected to introduce legislation to block or repeal the rules, but with the narrow margins in both bodies, the chances of success are unclear.  NRF will work closely with legislators to ensure swift passage of any such measure.

            If you have any questions, please contact Katherine Lugar at (202) 626-8195.

 

SOCIAL SECURITY NUMBER PROVISION DROPPED FROM APPROPS BILL

 

            A provision in the Commerce-Justice-State appropriations bill that would limit the display and sale of social security numbers to the public was removed this week.  The language, cited as “Amy Boyer’s Law” after a woman who was murdered in New Hampshire by a man who obtained her social security number and used it to locate her, faced significant opposition from the retail industry, the White House, privacy groups, and Amy Boyer’s family.

            The measure was designed to prohibit the display or sale of an individual’s social security number for commercial purposes without the consent of the individual, with certain exceptions under the Privacy Act of 1994, the Fair Credit Reporting Act (FCRA), and the Gramm-Leach-Bliley Act.  Equally important, “professional or commercial users who appropriately use [social security numbers] in the normal course or scope of their businesses for purposes of retrieval of other information” would have been allowed to continue their practices.

            A spokesperson for Senator Judd Gregg (R-NH), sponsor of the measure, said it was unclear whether the Senator would introduce similar legislation next year.  “He is interested in the issue and thinks something should be done, but given what’s happened this year, there is going to have to be a reevaluation,” said Edmund Amorosi.  “It’s very hard to resolve these problems.”

            If you have any questions, please contact Sarah Whitaker at (202) 626-8109.

 

 

A STEP CLOSER TO SALES TAX PARITY

NRF Testifies Before NCSL

 

            NRF and several members companies testified this week before a panel of state legislators on efforts to simplify and streamline state sales and use tax systems.  Retailers expressed their support for the Streamlined Sales Tax Project (SSTP) before National Conference of State Legislators e-commerce panel, while highlighting the need for adequate vendor collection compensation.  Adoption of a simpler uniform state sales tax system is necessary to remove the collection burden for remote sellers.  Congressional approval for states to collect from remote sellers will then provide for the “level tax playing field” sought by a majority of the retail industry.

            A copy of NRF’s testimony is available on our website at http://www.nrf.com/.  If you have any questions, please contact Scott Cahill or Maureen Riehl at (202) 783-7971.

 

NRF SUBMITS COMMENTS ON HOURS OF SERVICE RULE

 

            The National Retail Federation submitted comments to the Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration in response to a notice of proposed rulemaking.  NRF has grave concerns with the proposed Hours of Service regulation in its current form, and urged the DOT to take into consideration issues affecting the retail industry.  NRF believes that if the proposed rule were to be finalized in its current form, the results would undermine highway safety, increase congestion, compound the existing labor shortage of commercial drivers, cause significant cost increases for retailers and consumers, and have an adverse impact on inventory and service levels.

            The comments are available on NRF’s website at www.nrf.com.

 

 

CONGRESSIONAL OUTLOOK

December 18 - 22

 

House:     Expected to adjourn sine die.

Senate:      Expected to adjourn sine die.

 

 

UPCOMING NRF MEETINGS

 

Independent Stores Board - January 13, 2001, New York, NY

 

General Counsels Forum - January 16, 2001, New York, NY

 

Washington Leadership Conference - March 27-28, 2001, Washington, DC