ASME International


A weekly review of the latest legislative & regulatory news from Washington.

May 29, 2002

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THIS WEEK AT A GLANCE...

Sensenbrenner, Conyers Introduce Bipartisan Standards Bill
--Measure would bar treble damages in antitrust suits
House-Senate Conference on Energy Bill (H.R. 4) could begin in June
--Major differences evident in House, Senate-passed bills
House Committee Passes Pipeline Safety Bill
--Reference to ASME standard removed
Committee Chairmen Boehlert and Boehner Call for More Funding for Both Math and Science Partnerships
--Urge support for new programs at NSF, Dept. of Education
House Science Committee Passes Bill to Double NSF Budget
-- Senate has yet to produce companion bill
 
   

THIS WEEK...

Sensenbrenner, Conyers Introduce Bipartisan Standards Bill

House Judiciary Committee
Chairman F. James Sensenbrenner (R-WI) and Judiciary Ranking Democrat John Conyers (D-MI) recently introduced H.R. 4849, the Standards Development Organization Advancement Act of 2002. The bill would extend provisions of the National Cooperative Research and Production Act to protect standards development organizations (SDOs) from treble damages in antitrust suits.

The bill's introduction marks the culmination of more than a year of work by ASME and several other SDOs to bring the peril of treble damages to the attention of Congress. Under current law, an organization found guilty of violating the anti-trust laws could have to pay three-times (treble) the actual damages suffered by the victim. This legislation would limit SDOs' liability to actual damages, provided that the SDOs have met certain disclosure requirements.

In a press release announcing the bill's introduction, Sensenbrenner said, "This legislation will enhance U.S. competitiveness in world markets while providing open communication with the Justice Department so they can vigorously enforce our antitrust laws." Conyers added that, "This narrow legislation will encourage the development of standards which protect the public safety and welfare. I am happy to join with Chairman Sensenbrenner and other members in this important bipartisan initiative."

The press release also noted that "to the extent that such standards are adopted by the government as regulatory or procurement requirements, and thereby given the force of law, it greatly increases the exposure of SDOs to allegations that their standards are potentially in violation of the antitrust laws because compliance with them becomes a market necessity."

A June hearing is expected, followed by consideration by the full Judiciary Committee. To view the bill, go to http://thomas.loc.gov/; for further information, contact Francis Dietz at dietzf@asme.org.

House-Senate Conference on Energy Bill (H.R. 4) could begin in June

The leadership of the House of Representatives is expected to announce conferees for the comprehensive energy bill (H.R. 4) in June, after lawmakers return from Memorial Day recess. The Senate has already named its conferees, totaling 17 members.

In the meantime, Congressional staffers have plenty of time to mull over side-by-side comparisons of the two energy bills. The combined bill, totaling roughly 1500 pages, includes the provisions from the House-passed bill (H.R. 4) and the Senate-passed bill (S. 517).

Once conferees are named, Senate and House members can move on to "organizing meetings," according to Senate Energy and Natural Resources Committee spokesman Bill Wicker. Even before House conferees have been named, a fight is brewing over which body will chair the conference. According to Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (D-NM), the tradition is for alternating Chairmanships on energy bills. Because the House chaired the last energy bill conference several years ago, Bingaman believes it is the Senate's turn this time around.

It is expected that the big difference in the size of the tax package in the two bills, as well as differing provisions on drilling in the Arctic National Wildlife Refuge, electricity industry reform, renewable energy, climate change, and ethanol , will make progress toward agreement slow and difficult.

The Alliance to Save Energy, an environmental group, has developed a side-by-side comparison of the two bills. To obtain a copy, go to http://www.ase.org/policy/energybillcomp.pdf.

For further information, contact Francis Dietz at dietzf@asme.org.

House Committee Passes Pipeline Safety Bill

The House Transportation and Infrastructure Committee last week approved H.R. 3609, legislation designed to improve the safety of the nation's vast network of gas and hazardous liquid pipelines. The measure would require the Department of Transportation to issue, within 18 months of the bill's enactment, a rule mandating a baseline inspection of all gas pipelines in high risk areas. The baseline inspection would have to occur within 10 years of the rule, with re-inspections occurring at least every seven years after the initial inspection. The bill also would streamline the permitting process for pipeline operators making repairs to their lines, among other provisions.

An agreement reached among Transportation Chairman Don Young (R-AK) and Ranking Democrat James Oberstar (D-MN), and Energy and Commerce Committee Chairman Billy Tauzin (R-LA) and Ranking Democrat John Dingell (D-MI) resulted in removal of a reference to ASME's latest pipeline integrity standard. Oberstar and Dingell had opposed inclusion of the reference because they did not believe that the ASME standard's inspection frequency recommendation was stringent enough. The bill now goes to the House Energy and Commerce Committee, which is expected to consider it in June.

The Senate passed its version of pipeline safety legislation, S. 235, twice last year, before including it as a provision in recently passed comprehensive energy legislation. The House energy bill did not include a pipeline safety provision.

To view the bill, go to http://thomas.loc.gov/. For further information, contact Francis Dietz at dietzf@asme.org.

Committee Chairmen Boehlert and Boehner Call for More Funding for Math and Science Partnerships

The Chairmen of the House Science Committee and the House Education and the Workforce Committee have joined forces, urging increased funding for two mathematics and science partnership programs. Citing proficiency in math and science as essential to our future economic competitiveness, Rep. Sherwood Boehlert (R-NY) and Rep. John A. Boehner (R-OH) pushed for the funding increases in letters to members of the House Appropriations Committee.

The House approved Chairman Boehlert's legislation, the "National Mathematics and Science Partnerships Act" (H.R. 1858), in July 2001. The bill would authorize partnerships to develop and test new models for K-12 math and science education reform. In a letter to Rep. James T. Walsh (R-NY), Chairman of the House Appropriations Subcommittee on VA, HUD and Independent Agencies, Boehlert and Boehner urged the Subcommittee to "provide the President's request of $200 million" for the program.

In a second letter, they called on Appropriations Subcommittee on Labor, HHS and Education Chairman Ralph Regula (R-OH) to "significantly increase funding for the Mathematics and Science Partnerships Program authorized under Title II of the 'No Child Left Behind Act of 2001,' " (H.R.1) sponsored by Chairman Boehner. Among other initiatives, the program focuses on the development of rigorous mathematics and science curricula and brings teachers together with scientists, mathematicians and engineers to improve their teaching skills.

For further information, contact Patti Burgio at burgiop@asme.org.

House Science Committee Passes Bill to Double NSF Budget

The House Science Committee has passed H.R.4664, legislation authorizing a 15 percent increase in the budget for the National Science Foundation (NSF) in each of the next three years. The bill, entitled "Investing in America's Future Act of 2002," has strong bipartisan support in the House of Representatives. The legislation would authorize an increase in NSF's budget from $4.8 billion in FY 2002 to $7.3 billion in FY 2005. The bill would put NSF on track to double its budget in five years. ASME member Ioannis Miaoulis, Dean of Engineering at Tufts University testified before the Science Committee in support of the bill.

A companion bill has not yet been introduced in the Senate. However, in a hearing earlier this month, Senator Ron Wyden (D-OR), Chairman of the Senate Subcommittee on Science, Technology, and Space, stated his support for doubling the NSF budget in five years. Former House Speaker Newt Gingrich (R-GA) testified that the NSF budget should be increased to $15 billion, more than triple its current funding level. John Podesta, former Chief of Staff to President Clinton, testified in support of doubling the NSF budget.

For further information, contact Patti Burgio at burgiop@asme.org.

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Melissa R. Murray Government Relations ASME International 1828 L Street, NW, Suite 906 Washington, DC 20036 Phone: 202.785.7380 Fax: 202.429.9417 Email: mailto:murraym@asme.org




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