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Congress
Votes to Demolish the Death Tax
On August 5, both the Senate and the House approved a
$792 billion tax cut that gradually eliminates the death
tax. The bill will be sent in early September to
President Clinton who has promised to veto it.
Under the proposal, the death tax would
be gradually decreased beginning in 2001 and then fully
eliminated in 2009. Specifically, the bill provides the
following: effective in 2001, the unified credit is
converted into a unified exemption and rates in excess
of 53 percent are repealed; in 2002, rates in excess of
50 percent are repealed; in 2003 through 2006, all rates
are reduced by 1 percentage point per year; in 2007, all
rates are reduced by 1.5 percentage point; and in 2008,
all rates are reduced by 2 percentage points. Beginning
in 2009, the death tax is fully repealed.
Once the tax is repealed, "carryover
basis" regime takes effect for transfers of assets at
death. For assets that are subsequently sold by the
heir, a capital gains tax would apply and the original
cost basis (i.e. carryover basis) would be used to
determine the amount of the asset's appreciation. (Under
current law, the cost basis for inherited assets is the
fair market value on the date of the decedent's death
i.e. the asset receives a "step up" in basis.) The bill
also includes other provisions of benefit to the
construction industry such as corporate AMT relief,
lower individual capital gains rates, and tax incentives
for investment in depressed communities.
For more info: contact Phil Thoden at 703-837-5364
or thodenp@agc.org.
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 House
Passes Blunt Ergonomics Measure; Pro-Business Majority
Insists on Science First
The
House of Representatives debated and recently passed the
Workplace Preservation Act of 1999 (H.R. 987). By a vote
of 217209, the House gave its approval to an
important AGC priority. The bill will guarantee a
comprehensive study by the National Academy of Sciences
to provide an accurate assessment of which injuries
could be prevented with ergonomics regulation. The House
action is an attempt to address a recent decision by the
Occupational Safety and Health Administration (OSHA) to
ignore the will of the Congress and rush ahead with a
broad and burdensome standard (the draft was released in
the spring) without the benefit of adequate independent
study. Rep. Roy Blunt (R-Mo.), chief sponsor of H.R.
987, praised AGC members and others in the National
Coalition on Ergonomics for their many letters, calls
and visits during the weeks leading up to the
vote.
Passage of H.R. 987 was helped
tremendously by the support of Louisiana Democrat Chris
John and more than a dozen pro-business Blue-Dog
(conservative) Democrats. House leaders expect that the
Senate companion to H.R. 987--Senator Christopher "Kit"
Bond's (R-Mo.) S. 1070--will gain momentum following the
House victory. All AGC members are urged to contact
their Senators and urge them to co-sponsor and vote for
the Sensible Ergonomics Needs Sound Science "SENSE" Act.
Call the Senate Switchboard at 202-224-3121.
To learn how
YOUR member voted, check out the AGC Web site, www.agc.org,
under Congress at Your Fingertips. For more info:
contact Patrick Wilson at 703-837-5363 or wilsonp@agc.org.
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MEETING CHALLENGES
TOGETHER
(l-r)Carolyn Guglielmo,
Associate Director,
AGC Safety and Health
Services;
R. Bruce Swanson, Director,
Directorate of Construction,
OSHA;
Brian Murphy, Vice President, St.
Paul F&M;
Ted Hillman, Chair, Safety
and Health
Committee. |
Safety and Health Committee Meets;
OSHA
Director Relates Initiatives
Over 70 Safety and Health Committee members, 15
chapter safety professionals and 15 guests met July
2123 in Minneapolis to continue work on a strategic
plan. The subcommittees for government; promotions and
marketing; education and training; and performance also
convened.
Bruce Swanson, Director for
the Directorate of Construction, updated the committee
on current OSHA Regulatory Initiatives. Swanson assured
the committee that the construction industry would not
be covered in OSHA's proposed ergonomic proposal to be
published later this summer. The agency does not have
enough ergonomic data or experience in this area to
promulgate a rule for construction at this time. The
final rule on steel erection is expected by the end of
this year. An enforcement directive dated February 10,
1998, which is effective for one year and may be
renewed, gives contractors the option of complying with
the existing regulation or with the proposed rule, with
some limitations. The final rule on the Reporting and
Recording of Occupational Illnesses and Injuries
(Record-keeping) is expected to be published in the
Federal Register in October. The target date for a
confined space proposal designed specifically for
construction is for December 1999 but may be delayed by
the SBREFA review. Other items under discussion were
OSHA Partnerships, development of a silica standard, an
ACCSH proposed revision to the multi-employer citation
policy, and safety and health programs for
construction.
Janine Reid of the Janine Reid Group,
Englewood, Colo., presented an interactive workshop on
'Crisis Management and Working with the News Media.'
Reid stressed that every company needs to be prepared
for the inevitable. Companies should be equipped with
the skills necessary to portray their company in the
best possible light while working under the worse
possible circumstances.
AGC also entered into a partnering
agreement with St. Paul Fire and Marine Insurance Co. to
jointly develop both a 40-hour crane operators and a
train-the-trainer program. These opportunities will be
available to AGC members and chapters early next year
and will prepare crane operators to meet the ANSI B.30.5
requirement plus serve as preparation for the National
Commission for the Certification of Crane Operators,
which has been recognized by OSHA as meeting training
requirements.
For more info: contact Carl Heinlein at
703-837-5332 (heinleic@agc.org)
and Carolyn Guglielmo at 703-837-5331 (gugliel@agc.org).
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AGC
Offers Views on
Environmental
Streamlining
A key
component of last year's TEA-21 legislation,
aggressively pursued by AGC, is a provision to expedite
the environmental permitting process for transportation
projects by requiring a coordinated environmental review
between the various federal agencies. The Federal
Highway Administration (FHWA) and other agencies have
been working to develop an agreement to put this
provision into effect. This week the agencies finalized
a memorandum of understanding (MOU) outlining the
federal agencies' commitments to implement this
provision. The MOU establishes broad principles for how
the agencies will work together to speed up the review
process. The next step is to agree to an action plan to
implement the MOU.
The House Ground Transportation
Subcommittee held a hearing recently to determine how
far along the agencies are in implementing the
provision. There was general bipartisan dissatisfaction
with the progress to date. Committee members urged the
agencies to expedite development of the action plan.
In a statement to the subcommittee, AGC
pointed out that the goals of the MOU are laudable, but
stressed that "the success of the program will be
determined by the actions taken to implement these
goals." AGC also urged that the agencies move quickly to
expedite the MOU. AGC pointed out that the rash of
recent environmental lawsuits aimed at stopping vitally
needed highway projects further highlights the need for
more reason in environmental regulation. AGC stated
that, "The environmental streamlining provisions are
critical to the realization of the goals of TEA-21.
Failure to adequately defend TEA-21 goals, in the face
of environmental challenges, will cause disruptions in
project delivery that will cost the construction
industry, the government and the economy billions of
dollars and thousands of lives."
For more info: contact Peter Loughlin at
703-837-5366 or loughlip@agc.org.
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Aviation
Bill Moves Slowly
toward
Conference,
The House has passed the Aviation
Investment and Reform Act for the 21st Century (AIR-21),
a multi-year reauthorization of the Federal Aviation
Administration (FAA) and Airport Improvement Program
(AIP). The bill provides dramatic increases for aviation
programs including the AIP. AIR-21 also takes the
Aviation Trust Fund off-budget. The House has appointed
conferees to work out the differences between the House
and Senate bills. The Senate was not able to pass a
multi-year bill, so they simply passed a 60-day
extension of the current program. The House is waiting
for the Senate to appoint conferees; they will then try
to produce a compromise multi-year bill.
Please contact your Senators and urge
them to go to conference with the House and pass a
multi-year bill that spends aviation taxes on our
aviation system.
For more info: contact Peter Loughlin
at 703-837-5366 or loughlip@agc.org.
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House
and Senate Pass
Miller Act
Amendments
The House of Representatives passed H.R.
1219, the Construction Industry Payment Protection Act
by a margin of 4160. The Senate followed suit,
passing the bill by unanimous consent. AGC spearheaded
the industry compromise resulting in this legislation's
introduction.
The bill raises the
payment bond to the value of the contract award, allows
receipt of notice through any method that provides
written, third party verification of receipt, and
prevents any waiver of Miller Act rights prior to the
commencement of work.
For more info: contact Loren Sweatt at
703-837-5360 or sweattl@agc.org.
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Midyear Meeting Begins September 30
in Chicago
Three AGC Committees To Conduct Joint
Forum
The AGC Public Relations, Workforce
Development and Construction Education Committees will
conduct a joint forum on Friday, October 1 at 2:00 p.m.,
in the International Ballroom South, Hilton Chicago and
Towers. The forum is co-sponsored by the Construction
Futures Advisory Board, and topics of discussion will
include construction's industry image, workforce
promotion and educational programs. Hear the latest on
the Build Up! program, the AGC Online Institute and
other industry initiatives. Door prizes will also be
awarded.
For more info: contact Dennis S. Day at
dayd@agc.org
(703-837-5310)
or John Heffner at heffnerj@agc.org
(703-837-5333).
Give
Your Proposal the Winning Edge;
Attend the
Construction Marketing Committee
Presentation
Was your most recent response to a
request for proposal a winning presentation? Was it so
smooth that the owner pulled out the calendar to find
out when you're available to move forward on the
project? Do you know the techniques that give a proposal
the winning edge? You'll learn how to have affirmative
answers to these questions at the Construction Marketing
Committee's presentation on Thursday, September 30 at
10:15 a.m. at the Chicago Hilton and Towers.
Jim Frey, Vice President of J. S.
Alberici, and Michael J. Reilly, 1998-99 President of
the Society of Marketing Professional Services and
Director of Marketing with Symmes, Maini & McKee
Associates, will demonstrate the winning techniques
you'll want to use to make your next proposal a winner.
They will describe the objectives your presentation
should be based upon verses those objectives many
mistakenly choose.
Frey and Reilly also will explain the
presenter's role and how to demonstrate your company's
team orientation. Frey will pinpoint the pitfalls that
winning proposals avoid. He will expound upon the basic
rules of preparation, including how to avoid being
overwhelmed or being tempted to "wing it" because there
was little time to prepare. They will describe the
variations of presentations and how understanding these
variations can make preparation more manageable and
realistic. In addition, these experienced presenters
will explain how to manage nervousness.
Don't miss these dynamic speakers, whose
combined experience in the industry totals 40 years.
They will answer your questions during the
question-and-answer session that will follow their
presentation.
Frey has worked both as an owner
representative and in various capacities for general
contractors and design-builders. Reilly has extensive
experience in marketing, proposal writing, corporate
communications and business development.
For more info: contact Kathy Mapes at
703-837-5376 or mapesk@agc.org.
 Back By Popular Demand:
AGC Foundation's
Silent Auction
Find just what you're looking for at the
AGC Foundation silent auction during the Midyear
Meeting, September 30October 3 at the Hilton
Chicago and Towers. The National Associate Members'
Council is hosting this year's auction. The eclectic
assortment of auction items ranges from weekend getaways
to gorgeous handmade quilts to the infamous South Texas
Deer Hunt. Personal gift items include collections of
fine wine, an original watercolor by Ellen Diederich of
North Dakota, and beautiful children's specialty
items.
Silent Auction catalogs will be
available for all Midyear Meeting registrants. Bids will
be accepted for all items beginning Friday morning,
October 1; final bids will be taken and winners declared
on Friday evening from 4:30 6:00 p.m.
Your support can make this the most successful AGC
Foundation silent auction yet. Call Christi Reimer at
703-837-5317 or Michael Youngblut at 703-837-5350 for
additional information.
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Supreme
Court Limits
ADA Coverage in Three
Cases
On June 22, the U.S.
Supreme Court issued decisions in three significant
cases limiting coverage under the Americans with
Disabilities Act (ADA). The ADA prohibits discrimination
because of an employee's disability or because the
employee is regarded as having a disability. The
statutory definition of disability includes a physical
or mental impairment that substantially limits one or
more major life activities. The Court clarified that,
when determining whether an individual is disabled, any
mitigating measures that lessen the impairment should be
taken into account. This significantly limits the number
of employees protected by the ADA, since many
individuals with impairments are not substantially
limited in a major life activity when using corrective
measures such as eyeglasses or medication. This landmark
ruling settles a split in the circuits and contradicts
interpretive guidelines issued by the Equal Employment
Opportunity Commission and the Department of
Justice.
The Court also held that
individuals who claim that their impairment
substantially limits them in the major life activity of
work must show that they are unable to work not just in
a particular job but in a broad class of jobs. Such a
claim will fail if the individual is able to perform,
and if the employer regards the individual as able to
perform, other jobs utilizing his or her skills.
Finally, the Court held that an employer may use
compliance with a federal safety standard as a job
requirement, even when the noncompliant employee obtains
a waiver from the federal agency. Thus, an employer who
fired a truck driver for failure to meet DOT's federal
vision standards for commercial truck drivers did not
violate the ADA, even though DOT granted the employee a
waiver of the standard.
For more info: contact Denise Gold at
703-837-5326 or goldd@agc.org.
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