AGC Member Testifies About the Need to Find Replacement Funding for Harbor Maintenance Trust Fund 

Mike Mayeux of Weeks Marine Inc. testified before the House Transportation and Infrastructure Subcommittee on Water Resources and Environment about the need to find a secure and dedicated revenue source for the Harbor Maintenance Trust Fund.  Mr. Mayeux also urged Congress to take the Harbor Maintenance Trust Fund off-budget.  A new dedicated fee is needed because in March of 1998 the Harbor Maintenance Tax, as applied to exports, was found to be unconstitutional. 

Hopes Dim for Minimum Wage/Tax Relief Bill in the House: House Republican leaders find votes lacking for passage of a bill that increases the minimum wage by $1 over three years, while providing $30 billion in tax relief over five years including one provision that reduces death tax rates.  With Congress looking to adjourn next week, it is unlikely this bill will reach the floor this year.  

House Conferees Appointed on Managed Care Legislation: The House yesterday appointed conferees to resolve differences between House- and Senate-passed managed care legislation.  However, of the 14 House Republican conferees appointed, only one actually supported the Norwood/Dingell bill that passed the House last month.  This bill, among other provisions, permits expansion of patients’ rights to sue insurance companies and employers for delayed or denied coverage. AGC strongly opposed this provision.  Given the Republican conferees’ opposition, the Norwood/Dingell bill faces an uphill battle in conference, especially since the Senate rejected expanded liability in their managed care bill.  The conference committee is expected to begin meeting early next year. 

Congressional Leaders Target November 10 to Finish Final Appropriations Bills and Adjourn for the Year: This week, Congress sent the final appropriations bills to President Clinton, including a 1% across-the-board cut of all discretionary programs.  President Clinton vetoed the bills and the across-the-board cut, setting up a week of intense negotiating over the remaining five bills that the President has vetoed.  Eight bills have been signed into law.  The focus of the negotiations will be how the bills are paid for (including President Clinton’s new spending initiatives) without touching social security.

FAA Conference Stalled Over Budgetary Issues: With one week left to resolve their differences, the House and Senate FAA conferees are struggling to find a way to increase spending for aviation programs.  The conferees are also struggling to find a way to change the budgetary treatment of the programs that guarantees that the funding is spent on aviation programs.  Chairman Shuster is trying to ensure that all aviation tax revenues are spent on aviation improvements and that the historic general fund contribution is continued.  If an agreement is not reached in the next week, the Airport Improvement Program will likely go unfunded into next year, as congress will not pass another short-term extension.

Court Rejects EPA Appeal: The DC Circuit court rejected the Environmental Protection Agency’s (EPA) appeal to rehear American Trucking Associations (ATA) v. EPA. Decided in May, the court ruled that EPA could not implement more stringent ozone and particulate matter standards. In rejecting the rehearing, though, the court did allow EPA to continue the one-hour ozone test. This could place areas in 15 states in nonattainment for ozone shortly. EPA’s only recourse for the remaining issues is to appeal directly to the Supreme Court.

Stormwater Phase II Online: EPA Administrator Carol Browner signed the stormwater phase II regulations Friday, October 29. The regulations are being prepared for the Federal Register, at which time states will have 3 years and 90 days to comply with the new requirements. For construction, Phase II will require permits for jobsites disturbing over one acre. The regulations and supporting materials can be found through AGC’s website (www.agc.org).

Environmental Group Threatens Road Projects in California: The Environmental Council of Sacramento (ECOS) has until November 9 to decide to file a lawsuit to stop 55 highway projects. In a notice of intent, ECOS alleges that Sacramento’s inspection and maintenance program has not achieved the air quality projections as planned.

Last Minute Deal may Bring Victory For ERGO.  We Need Your Help!: The leadership of the House and Senate is fully engaged in an effort to secure language that will prevent OSHA from moving ahead with its ergonomics proposal until all the evidence is available.  AGC members can play a very important role in making sure that this initiative gets sent to the President.  Please call or write to Senator Lott and thank him for  his pledge to support the ergonomics initiative.  This grass roots support from small business is critical!  To reach Senator Lott’s office please call tool free 1-877-722-7494 or (202) 224-3121.  Ask for the Senate  Majority Leader’s Office.