Senate
Committee to Consider Legislation blocking Clean Air
Act Highway
Sanctions
The Senate Environment and Public Works
Committee is set to consider S. 1053, legislation to reinstate
EPA’s grandfather clause. This bill would allow
the construction of much-needed road projects to increase
motorist safety, decrease congestion, and ultimately improve
our nation’s air quality. A court ruling earlier
this year stopped federally highway construction in
Atlanta. S. 1053
would ensure certainty of approved transportation projects,
but with extensive review of the project’s impact by all
parties involved. Please urge your Senators to support S. 1053
by calling the Capitol Switchboard 202-225-3121.
Court Rules Against the Environmental Protection Agency
(EPA): The Eighth Circuit
Court ruled against EPA’s practice of “overfiling” (Harmon
Industries Inc. v. Browner, 8th Cir., No. 98-3775, 9/16/99).
Overfiling is a practice where EPA increases a company’s fine
from a settled state enforcement action by forcing an
additional settlement with federal EPA. Legal speculation on
the ruling is that it will also apply to corrective actions,
where federal EPA steps in and forces additional, expensive
corrective actions after settlement with a state.
Senate Committee to mark-up bill making Amtrak
eligible for Highway Funds: The Senate Environment
and Public Works Committee is planning to mark-up S. 1144, the
Surface Transportation Act of 1999. The bill allows states
to divert federal highway funds to support passenger rail
activities. AGC
opposes using highway user fee revenue for passenger
rail. Please
contact your Senators and urge them to oppose S.
1144.
AGC opposes Senate Transportation Appropriations
bill highway sanctions: The Senate
Transportation Appropriations bill includes a provision
(section 339), which would cut off federal funding for
state highway projects unless states selling driver’s
license personal information or motor vehicle records have
adopted a system that requires express written consent of the
individual when the personal information is used in surveys,
marketing, or solicitations. The House and Senate
are beginning their conference on the Transportation
Appropriations bill.
Please call your Senators and Representatives and urge
them not to include highway sanctions in the final bill. You can reach them
through the Capitol Hill switchboard at
202-225-3121.
President Clinton Vetoes Tax Cut Plan: President Clinton
vetoed the $792 billion tax cut bill passed by Congress in
August. AGC
President Terry Deeny criticized the President for vetoing
this bill that included elimination of the death tax, AGC’s
top legislative priority. “President Clinton is wrong to veto
this tax cut,” said Deeny. “Without death tax
elimination bill, the more a family-owned construction company
grows the more it will lose to the IRS upon the death of the
company owner.”
AGC has
joined with other business groups in urging Congress to
produce a second, smaller, tax cut bill this year that
includes elimination of the death tax.
House to Consider Managed Care Legislation Beginning
October 4th:
The House on October 4th will begin debate on
managed care reform legislation, H.R. 2723 Norwood / Dingell and
H.R. 2824 Coburn
/ Shadegg.
Included in these bills is the right to sue health
insurance plans in state courts for personal injury and
wrongful death. Proponents of this legislation argue that
expanded liability is necessary to make health care plans more
responsive to the medical needs of patients. They also argue that
language in these bills fully exempts employers from these
lawsuits.
However, a close legal analysis of the employer
exemption language concludes that these bills would in fact
expose employers to lawsuits. The “employer
exemption” provision in these bills is murky at best and
exposes employers to the threat of lawsuits even for simply
having selected a health care plan for its employees. Moreover, even if
employers could be fully exempted, lawsuits against health
care plans will lead to higher premiums. AGC is
asking its members to contact Congress to urge opposition to
these two bills.
House Appropriations Subcommittee passes
Bill: The
Subcommittee passed the FY2000 Appropriations for the
Department of Labor and Related agencies. The bill reduced
OSHA enforcement spending and funded a $2 million compliance
assistance pilot programs supported by AGC. In addition, the
bill delays the implementation of the controversial new helper
regulations opposed by AGC.
|