U.S. Legislative Issues
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Timeline of Trump Infrastructure Package Uncertain
President-elect Donald Trump appears to be tempering his initial campaign promise of submitting a $1 trillion infrastructure package to Congress within his first 100 days in office, stating recently that it would not be a part of his "core agenda." Reince Priebus, Trump’s incoming Chief of Staff, confirmed as much by saying that tax bills and repeal of the Affordable Care Act (ACA) would take precedence over infrastructure. The House looks to be on the same page. While outlining the GOP’s 200-day agenda, House Speaker Paul Ryan (R-WI) referenced the infrastructure package only briefly, stating that it was an agenda item added by the President-elect that they’d be happy to consider, but that ACA repeal, tax reform and easing regulations were higher priorities. For Democrats who view infrastructure as one of the few pieces of Trump’s agenda they could embrace, this is a disappointing shift.
Regardless of the timeline, a Trump infrastructure plan would likely face steep hurdles in Congress, especially if the proposal relies solely on private financing and isn’t revenue neutral. Democrats have called for any infrastructure package to also include direct federal spending, while budget hawks in the Republican caucus are unlikely to support a plan that doesn’t include a suitable funding offset.
Senate Commerce Committee to Consider Chao Nomination
Elaine Chao, President-elect Donald Trump’s pick to run the U.S. Department of Transportation (DOT), will appear before the Senate Commerce, Science and Transportation Committee on Jan. 11 to answer questions as part of the nomination process. Chao has a history with DOT, where she served as Deputy Secretary during the George H.W. Bush administration. She served as Secretary of Labor under President George W. Bush and Chairman of the Federal Maritime Commission under Presidents Ronald Reagan and George H. W. Bush as well. Chao is also married to Senate Majority Leader Mitch McConnell (R-KY).
In a questionnaire given to the nominee by the Commerce Committee, Chao says her top priorities at DOT will be infrastructure repairs and expansions, bridging the disparities between urban and rural transportation and "good stewardship on behalf of the American people."
"This means effective enforcement of safety measures; getting the most benefit from the Department’s expenditures, including strengthening its planning and acquisition practices; and preparing for the future by considering new technologies in our infrastructure," Chao wrote.
Given her substantive transportation knowledge and experience overseeing large organizations, Chao is likely to enjoy easy confirmation by the Senate.
FMCSA Maintains Random Drug Testing Rate for 2017
The Federal Motor Carrier Safety Administration (FMCSA) has announced that the current controlled substances random testing rate for regulated motor carriers will remain at 25 percent for calendar year 2017.
For calendar year 2016, FMCSA lowered the minimum annual drug testing rate from 50 percent to 25 percent following three consecutive calendar years (2011, 2012, and 2013) of drug testing data received in the Management Information System (MIS) survey, which indicated that the positive rate for controlled substances was less than one percent. FMCSA conducts the MIS survey to ensure compliance with the set testing rates.
According to federal regulations, when the data received in the MIS for two consecutive calendar years indicates that the positive rate for controlled substances is less than one percent, the FMCSA Administrator has the discretion to lower the annual testing rate to a minimum of 25 percent of a carriers’ driver positions. If, however, at any time the positive rate for controlled substances exceeds one percent, the testing rate will automatically revert upward to fifty percent.
