As we advised in prior Counsel’s Report ALERTs dated October 27 and October 31, the budget reconciliation bill for fiscal year 2006 has become a vehicle for possible repeal of the so-called Byrd Amendment. While the House-version of the reconciliation bill contains a repeal of the Byrd Amendment (which is expected to be approved by the full House this week), the Senate version does not. This sets up the possibility that the repeal provision will survive a Conference Committee of the House and Senate. However, this will not be easy, since there remain in the Senate some very strong voices that support this law, and that will fight hard against any attempts at repeal.
Indeed, 25 Republican Senators submitted a letter yesterday to Senate Majority Leader Bill Frist and Senate Minority Leader Harry Reid urging the leadership to reject the Byrd Amendment repeal provision in conference. A similar letter was also submitted by four Democratic Senators. While this puts 29 Senators on the record as against repeal of the Byrd Amendment in the budget reconciliation process, this is far fewer than the “70” Senators that are supposedly in stern opposition to repeal, as has been repeated quite often of late in Washington. In other words, there is a very real opportunity for repeal of the Byrd Amendment in the current legislative environment, and the very real opportunity for AFI to play a critical role in this fight.
Bob Bauer and I met last week with the international trade counsel of the Senate Finance Committee to reiterate the Association’s strong support for repeal of the Byrd Amendment. (The Chairman of the Senate Finance Committee, Charles Grassley (R-IA) is in favor of repeal.) In that meeting, Mr. Bauer offered the Association’s assistance in this fight, and this offer was very well received, and appreciated.
All Members are again URGED to transmit the political action letter which was attached to our October 31 ALERT to their Senators at the soonest possible time. Phone calls to the Senate offices would also be VERY helpful (the message is short and sweet: who you are; where your company is located; and your strong support for repeal of the Byrd Amendment). The relevant phone numbers were included on the contact list that was also transmitted with the October 31 ALERT.
The time for action is now: IT IS VERY IMPORTANT THAT AFI PUSH HARD FOR REPEAL OF THE BYRD AMENDMENT– THIS MAY BE OUR BEST CHANCE TO ELIMINATE THIS PROVISION ONCE AND FOR ALL.
We will keep Members closely advised.
