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Construction Legislative Week In Review
From the Congressional Relations Staff
May 13, 1999
Volume 4, Issue 19

The Associated
General Contractors
of America
333 John Carlyle Street
Suite 200
Alexandria, VA 22314
(703) 548-3118
(703) 837-5404 fax


Jeffrey D. Shoaf
Executive Director
Congressional Relations
shoafj@agc.org

202/383-2762

Joan Huntley LaVor
Director
AGC PAC
lavorj@agc.org

202/383-2761

Peter Loughlin
Director
Construction Markets
loughlip@agc.org

202/383-2766

Loren E. Sweatt
Director
Procurement and
Environment
sweattl@agc.org
202/383-2760

Phil Thoden
Director
Tax & Fiscal Affairs
thodenp@agc.org
202/383-2764

Patrick Wilson
Director
Human Resources & Labor
wilsonp@agc.org
202/383-2763
Miller Act Legislation Passes Subcommittee

The Construction Contractor Payment Protection Act, H.R. 1219, passed the Government Management and Information Technology Subcommittee of the Government Reform Committee. With unanimous support from the industry, the legislation received no opposition. H.R. 1219, amending the Miller Act, raises the payment bond to the value of the contract award, allows receipt of notice through any method that provides third-party receipt, and prevents any waiver of payment before work has begun.

Superfund Hearing Receives EPA Testimony: Republican members of Congress pressed EPA Administrator Carol Browner to explain how language EPA endorsed in a Democratically-controlled Congress is now unacceptable. Visibly exasperated, Browner suggested Cong. Boehlert’s (R-NY) Superfund Reauthorization legislation (H.R. 1300) would increase litigation and contribute to clean-up delays. AGC supports H.R. 1300, which contains liability reform for innocent contractors and hazardous waste clean-up contractors.

New Rule for Incidental Fallback into Wetlands: With the invalidation of the Tulloch Rule, the Corps of Engineers issued a final rule regarding incidental fallback into wetlands. The Corps has decided to examine the need for a permit on a case-by-case basis. Sidecasting and similar practices will require a permit review to determine if this is a wetlands violation or incidental fallback. A copy of the rule can be found under "What’s New" on the AGC website.

Propane Exemption Moving: The Senate Environment and Public Works Committee passed the Fuels Regulatory Relief Act, S. 880. This legislation would exempt propane from the Environmental Protection Agency’s Risk Management Plans (RMP). EPA issued the RMP to regulate chemical makers’ storage practices. One of the more controversial requirements of EPA’s plan was to provide longitude and latitude data of chemical storage. The FBI, citing terrorist concerns, objected to gathering and posting this information on the internet.

Aviation Funding likely to be Extended to August 6, 1999: Congress is expected to approve another extension of the Airport Improvement Program (AIP) until August 6, 1999. The AIP funding expires at the end of May and neither the House nor the Senate have passed a multi-year reauthorization of aviation programs. The extension will be included in the supplemental appropriations bill that is scheduled to be finalized by tomorrow. The House is expected to consider its multi-year bill, AIR-21, the week of June 14th. The Senate has not scheduled a date for floor consideration of its multi-year bill.

Supplemental Appropriations Bill Provides Funding for Military Construction Abroad: Congress is trying to finalize a supplemental appropriations bill that will provide funding for the war in Kosovo and several other initiatives including military construction in Europe. The bill currently includes $475 million for military construction, but does not specify how the money should be spent. The House bill had included over $800 million, but the funding has been reduced in conference. The bill also provides over $900 million for disaster relief for Central America and the Caribbean.

House Leaders Promise Tax Relief: House GOP leaders today pledged that tax relief legislation would be voted on in July. Specifics of the plan have not been developed. Demolition of the death tax is in the top 3. Please write and call your Representative and Senators and urge them to make repeal of the death tax their #1 tax priority.

Ergonomics Review Panel Begins Work: The National Academy of Science panel commissioned by Congress to study musculoskeletal disorders (MSD) in the workplace held its inaugural meeting. This congressionally-mandated review panel will complete its review of ergonomics science next summer. OSHA plans to issue its ergonomics regulation before the end of this year. Please write your Member of Congress to urge them to oppose the proposed ergonomics rule.

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