Cardoza Bill Addresses ESA Habitat Designation Problems
Introduced last week by Rep. Dennis Cardoza (D-Calif.), the “Critical Habitat Enhancement Act of 2005,” H.R. 1299, is designed to ensure the protection of endangered species while accommodating the needs of the communities and states where they are found. The measure has 16 bipartisan cosponsors and NAHB will be seeking additional congressional support for the bill during the upcoming Legislative Conference in Washington, D.C. next month.

Several provisions in the bill are designed to improve and update the Endangered Species Act (ESA). The legislation would:
• Require the U.S. Fish and Wildlife Service to consider the direct, indirect and cumulative economic impacts on landowners when considering critical habitat designations.
• Set an independent timeline giving the Secretary of Interior ample opportunity to compile sound scientific or commercial data before implementing a critical habitat designation.
• Exempt from critical habitat designations land that is already included in a habitat conservation plan or other federal, state or local species management program.
• Ensure that landowners have precise information about specific areas that warrant heightened regulation and protection under a critical habitat designation.

NAHB is working to ensure that H.R. 1299 and legislation that would mandate the use of sound science to make decisions under the statute are included as a part of broader ESA reform package that is expected to move later this year. Toward this end, NAHB is supporting the efforts of House Resources Committee Chairman Richard Pombo (R-CA), Senate Environment and Public Works Chairman Jim Inhofe (R-OK), Senate Fisheries Wildlife and Water Subcommittee Chairman Lincoln Chafee (R-RI) and Senator Mike Crapo (R-ID), who have pledged to work together in a bicameral fashion to pass legislation to update the ESA. To view Cardoza’s bill, click here and type H.R. 1299 in the box in the upper left hand corner. For further information, contact Jason Lynn at 800-368-5242, x8470.

Bankruptcy Bill Sails Through Committee
On March 16, the House Judiciary Committee approved the “Bankruptcy Abuse Prevention and Consumer Prevention Act” (S. 256) by a vote of 22 to 13. The bill is the same legislation approved by the Senate earlier this month and is expected to easily pass the House in early April. President Bush has said he will sign the measure into law. NAHB supports the legislation, which includes two important housing provisions -- one dealing with the homestead exemption and one regarding the automatic stay that provides for an expedited process by which a landlord can move to evict a tenant who has declared bankruptcy. To view the bill, click here and type S. 256 in the box in the upper left hand corner. For further information, contact J.P. Delmore at x8470. [return to top]

Highway Bill Rumbles Forward
The Senate Environment and Public Works Committee last week approved S. 626, a six-year, $284 billion highway bill. Senators from both sides of the aisle have indicated they will try to increase funding when it reaches the floor. The Senate bill mirrors the amount approved by the House earlier this month and meets the spending cap endorsed by the White House, which has threatened to veto a larger bill. The full Senate is expected to consider the measure in mid-April. To view the House and Senate bills, click here and type H.R. 3 or S. 626 in the box in the upper left hand corner. For further information, contact Kevin Schwalb at x8470. [return to top]

Association Health Plans Advance in House
The House Committee on Education and the Workforce last week approved H.R. 525, the "Small Business Health Fairness Act." The bill is expected to be considered by the full House next month. The legislation, which has the strong support of NAHB, would allow small businesses to band together across state lines to purchase discounted insurance through association health plans (AHPs). The Senate has not moved its version of the bill (S. 545). However, Senate Majority Leader Bill Frist (R-TN) last week sent a letter to NAHB CEO Jerry Howard that reiterates his continued support for passage of AHP legislation during the 109th Congress. To view the measure, click here and type the bill numbers in the box in the upper left hand corner. For more information, contact Jenna Morgan Hamilton at x8470. [return to top]

Federal Tax Reform Panel Holds Fourth Hearing
NAHB staff attended the fourth meeting of the The President’s Advisory Panel on Federal Tax Reform, which took place in Chicago last week. The panel focused on how the current tax code affects taxpayers' decisions and how the system treats investment alternatives. Homeownership was mentioned several times during the open hearing. Chicago Mayor Richard Daley stressed the importance of the Low Income Housing Tax Credit in the development of affordable rental housing in the nation's cities. Other witnesses said that homes are an investment mechanism and that homeownership increases the labor supply and makes it easier to afford high education expenses. The next hearing will take place next week in New Orleans, followed by a meeting in San Francisco on March 31. NAHB will be attending these field hearings as well.

NAHB CEO Jerry Howard and staff last week met with Jeff Kupfer, executive director of the commission, to discuss areas where NAHB can participate in the decision-making process. As the panel moves out of the current "fact finding" stage, it will begin to solicit input on specific reform proposals. NAHB will continue to advocate for the protection of all housing incentives contained in the current tax code and look for ways to preserve these incentives if the commission moves toward an alternative system. For more information, contact Jim Tobin at x8470. [return to top]

House and Senate Adopt Budget Resolutions
The House and Senate last week adopted their respective budget resolutions for FY 2006. House resolution H. Con. Res. 95 would allow up to $843 billion in discretionary spending for FY 2006 and call for $68.6 billion in cuts in mandatory spending over five years. In the Senate, S. Con. Res. 18 would allocate up to $848.8 billion for the current fiscal year and seek $17 billion in cuts in mandatory spending over five years. The two chambers must now reconcile their versions in order to determine the FY 2006 spending cap guidelines for the House and Senate Appropriations Committees to follow.

Of particular importance to NAHB members was an amendment offered during the Senate debate by Sen. Norm Coleman (R-MN), which requested that the Community Development Block Grant (CDBG) program be fully funded. The Administration has proposed moving CDBG to a new consolidated block grant program at the Commerce Department, and cutting its funding by over $1 billion. Sending a strong message to the Administration, the Senate approved Coleman’s amendment by a vote of 68 to 31. (In a related development, a number of House lawmakers last week also expressed concern with the Administration’s block grant consolidation proposal during a Transportation and Infrastructure Subcommittee hearing on the topic.) As the budget process moves forward, NAHB continues to meet with House and Senate appropriators on the need to adequately fund important housing priorities. For more information, contact Jenna Morgan Hamilton at x8470. [return to top]

House Panel Passes Brownfields Measure
The House Financial Services Committee last week approved H.R. 280, the “Brownfields Redevelopment Enhancement Act.” Sponsored by Rep. Gary Miller (R-CA), the legislation would eliminate a requirement which stipulates that communities seeking brownfields cleanup funds from the Department of Housing and Urban Development must pledge their community development block grant funds as partial collateral for a loan guarantee. Eliminating this requirement would give more communities access to funds for redevelopment of brownfields. The Financial Services Committee approved similar legislation in 2003; however, the measure did not go to the House floor in the 108th Congress. To view the bill, click here and enter the bill number in the box in the upper left hand corner. For further information, contact Kevin Schwalb at x8470. [return to top]

Conyers Unveils Mold Bill
Rep. John Conyers (D-MI) on March 14 re-introduced his comprehensive mold legislation, H.R. 1269, the “United States Toxic Mold Safety and Protection Act of 2005.” The bill would mandate the Environmental Protection Agency to establish standards for mold inspection, remediation, testing and the design, installation and maintenance of air ventilation and air-conditioning systems. The measure would also require that HUD issue guidelines identifying conditions during construction that encourage mold growth and call on the department to recommend appropriate means of eliminating those conditions. NAHB has serious concerns with this bill. However, with Republicans in control of the House and Senate, it is very unlikely that this legislation will move forward. NAHB would oppose any attempt to advance this bill and will be monitoring it closely. To view the bill, click here and type the bill number in the upper left hand corner. For more information, contact J.P. Delmore at x8470. [return to top]

Builders Participate in Section 8 Roundtable
Rep. Bob Ney (R-OH), chairman of the House Financial Services Subcommittee on Housing and Community Opportunity, last week held the first in a series of roundtable discussions on the future of the Section 8 Housing Choice Voucher program. Several members of the House Financial Services Committee attended the roundtable, along with representatives from the Public Housing Authority (PHA) and members of the building industry. NAHB members Dave Curtis, Executive Vice President at Leon Weiner & Associates of Delaware, and Al Scott, Principal with the NRP Group of Ohio, participated in the roundtable.
 
Participants explored how the Section 8 program could be improved to maintain its viability in the future. Numerous alternatives were raised that would encourage more property owners to participate in the program, and therefore broaden the pool of housing units available to Section 8 voucher holders. Proposals included streamlining the inspections process and establishing dual utility allowances for old and new properties. A significant part of the discussion also focused on overall funding for the program and the delivery of Section 8 voucher dollars to the individual PHAs. NAHB continues to work closely with Rep. Ney and his staff on this issue and will be part of future roundtable discussions. For more information, contact Greg Brown at x8470. [return to top]

Homeownership Tax Credit Bill Delayed Until April
Rep. Rob Portman (R-OH), who was set to reintroduce his homeownership tax credit (HOTC) legislation last week, was nominated by President Bush to be the next U.S. Trade Representative. With Rep. Portman set to leave the Congress once he is confirmed by the Senate, NAHB has secured Rep. Tom Reynolds (R-NY) as the new lead sponsor of the homeownership tax credit bill. Due to the timing of  Rep. Portman's announcement, the bill was not introduced before Congress adjourned for the spring recess. NAHB anticipates that Rep. Reynolds will introduce the bill when Congress reconvenes in early April. The measure will be identical to the bill that attracted over 300 bipartisan cosponsors in the 108th Congress.

Additionally, Sens. Rick Santorum (R-PA), Gordon Smith (R-OH), John Kerry (D-MA) and Debbie Stabenow (D-MI) are also planning to unveil a Senate version of the tax credit next month. The initiative is a compromise that melds three versions of the bill from the 108th Congress into one vehicle. In the last Congress, the three HOTC bills collectively garnered over 50 bipartisan cosponsors. We expect another big legislative push in the 109th Congress as the HOTC will be part of the NAHB Legislative Conference agenda. For more information, contact Jim Tobin at x8470. [return to top]

Builders Sound Off on Regulatory Issues Facing Small Businesses
Two House subcommittees last week asked for NAHB input on regulatory issues facing small businesses. David Crowe, NAHB Senior Staff Vice President for Federal Regulatory and Housing Policy, testified on a number of regulatory issues affecting housing, including: FHA insurance for small multifamily projects, Section 8 applicability to assisted living facilities and deterioration of the Rural Housing Service Section 515 multifamily rental housing program. In addition to housing issues, storm water permitting program was a key topic of discussion, as was wetlands permitting under Section 404 of the Clean Water Act and critical habitat designations under the Endangered Species Act. These roundtable discussions play an important role in helping the subcommittees set their congressional agenda. We will continue working with the House panels to highlight these regulatory burdens throughout the 109th Congress. For more information, contact Greg Brown at x8470. [return to top]