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Construction Legislative Week In Review
From the Congressional Relations Staff
June 3, 1999
Volume 4, Issue 22

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
Senator Introduces New Bipartisan Approach to Eliminate the Death Tax

Senator Jon Kyl (R-AZ) last week introduced bipartisan legislation (S. 1128) that would completely and immediately eliminate the death tax. However, when inherited assets (such as the family business) are sold, a capital gains tax would be levied and a carryover basis would apply to the assets sold. Sen. Kyl previously introduced legislation (S. 56) that calls for full and immediate repeal of the death tax. Of the 24 cosponsors of S.56, none are Democrats. This fact has convinced Kyl that S. 56 will never win Senate approval. The new Kyl bill has bipartisan support – of the six original cosponsors 3 are Democrats and 3 are Republicans, and they are all members of the Senate Finance Committee. AGC prefers straightforward repeal of the death tax as the best option. The AGC Tax and Fiscal Affairs Committee plans to meet with Senator Kyl in late June to discuss his new bill. Meanwhile, over in the House of Representatives, the strongest death tax bill is H.R. 8 (Dunn/Tanner) that gradually reduces the death tax by 5% per year until full elimination. That bill now has 185 cosponsors.

Congress Struggles Over Fiscal Year 2000 Appropriations Bills: The House and Senate Appropriations Committees are both struggling with how they can pass the 13 annual appropriations bills under the tight budget spending caps established in the Balanced Budget Act of 1997. In that five-year budget bill, Congress and President Clinton agreed to a budget accord that required cutting the federal budget in the future. This year, Congress is now faced with either making those difficult cuts or breaking the budget caps. Thus far, Congress is attempting to stay within the spending parameters because they don’t want the political fallout of being blamed for "busting the budget." This strategy will likely result in Congress passing a limited number of appropriations bills, with a political showdown over the bulk of the bills at the end of the fiscal year, September 30, between the Republican-led Congress and President Clinton. So far, neither the House nor the Senate has passed any FY 2000 appropriations bills.

     The House and Senate Appropriations Committees have, however, considered a few of the bills and prepared them for floor consideration. Both committees have considered the FY 2000 Transportation Appropriations bills. The Senate bill provides $29 billion for highways, which adheres to the guaranteed funding in TEA-21. The bill also provides $2 billion for the Airport Improvement Program (AIP), up from $1.95 billion this year. The House Transportation Appropriations Subcommittee bill provides the same funding for the highway program as the Senate and increases AIP funding to $2.25 billion.

     Unless a deal is struck between Congress and President Clinton to raise the spending caps, passage of the annual appropriations bills this year is likely to be a struggle. Stay tuned for updates as this process continues to unfold.

Targeted ESA Measure Introduced: Senators Chafee (R-RI), Crapo (R-ID), and Domenici (R-NM) introduced S. 1100, legislation to amend the Endangered Species Act (ESA). This targeted reform measure would allow designation of habitat after a habitat conservation plan was approved. Current practice designates all potential habitat for species protection, often expanding the protected designation to areas that have never housed the particular species.

Blacklisting Rumors Circulating: Recent visits by Administration officials with Members of Congress have focused on Vice President Gore’s blacklisting proposal. Members are being informed that changes to the federal acquisition regulations (FAR) should be published soon. These changes to FAR Part 9, Contractor Responsibility Determinations, would allow a contracting officer to disqualify a firm based on an unsatisfactory record of labor and safety practices. It has been over two years since Gore announced this initiative to the AFL-CIO.

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