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Construction Legislative Week In Review
From the Congressional Relations Staff
May 6, 1999
Volume 4, Issue 18

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
Senate Leader Calls for Elimination of Death Tax

Sen. Connie Mack (R-FL) is proposing a new tax cut plan that includes, among other cuts, elimination of the death tax over a 5-year period beginning in 2002. His bill (no bill number yet) also calls for a cut in capital gains rates and is expected to cost roughly $635 billion over 10 years – well within the 10-year tax cut of $788 billion authorized by the FY 2000 budget resolution approved by Congress on April 15. AGC is working closely with all supporters of death tax demolition.

AGC Leads Industry Coalition Opposed to New OSHA Recordkeeping Regulation: AGC of America is spearheading an effort to blunt a dangerous new OSHA regulation that threatens the construction industry and the safety and health of all workers. Since 1994, AGC has been monitoring the progress of the proposed rule for Reporting and Recording of Occupational Injuries and Illnesses. AGC fears that this new rule would be issued without important input from America’s small businesses. This week, our coalition sent a letter to OSHA Secretary Charles Jeffress demanding that OSHA reopen the record on this rule so that additional, necessary information may be included, and that the rule be evaluated under the Small Business Regulatory Enforcement and Fairness Act (SBREFA). Such a review would reveal the serious harmful effects of this new proposal and generate support for an alternative.

Water Resources Development Act Gains Momentum: The House and Senate have passed the Water Resources Development Act of 1999 (WRDA). The bills authorize programs, projects and policies of the Army Corps of Engineers. WRDA 1999 includes over $2 billion in funds for water projects. The House and Senate must now reconcile the differences between the two bills. After the WRDA 1999 bill is enacted, congressional staff will immediately begin working on a WRDA 2000.

HELP Committee Endorses SAFE Act; Brownback Amendment Protects Construction Interests: The Senate Committee on Health, Education, Labor and Pensions (HELP) approved "The Safety Advancement for Employees Act" (S. 385) and reported the bill to the full Senate. This OSHA reform bill, introduced by Senator Mike Enzi (R-WY) and supported by the AGC of America, would authorize the creation of a third-party safety audit and consultation program. Independent outside inspectors could visit workplaces, specify necessary changes and then certify compliance with OSHA regulations. Businesses that comply would be granted a one-year OSHA fine exemption. This new approach to safety has been widely endorsed by industry leaders and safety and health experts.

Senator Sam Brownback (R-KS) successfully offered an AGC amendment to permit safety professionals who have at least ten years of experience to qualify as independent safety auditors. This amendment will help ensure that experience or education could qualify safety auditors.

Report Shows Over Three Hundred Counties Failing Under New Ozone Standard: The report indicates that that 315 counties (and possibly 100 more) will fail the new 8-hour ozone test when it goes into effect next year. The report, issued by the Clean Air Task Force and the Clean Air Network (both of which are fronts for national environmental groups), says that under EPA’s new standards construction improvements in these counties could be in jeopardy.

GAO Issues Report on "Sprawl": GAO issued the first in a series of reports examining the influence of federal regulations on "sprawl." The report does not conclude that federal actions either encourage or discourage "sprawl." Most importantly, the report emphasizes that state and local policies have a greater impact on land-use decisions. Vice President Gore focused his "Livability Agenda" on federal money and federal involvement in local land-use decisions.

S Corporation ESOP Tax Opposed by a Majority of Ways and Means Committee Members: 21 Members of the House Ways and Means Committee signed a letter stating opposition to President Clinton’s proposed tax on S Corporation Employee Stock Ownership Plans (ESOPS). The letter was sent last week to Chairman of the tax-writing Committee Bill Archer and Ranking Minority Member Charlie Rangel. President Clinton’s FY2000 budget proposal would reinstate the unrelated business income tax (UBIT) on S Corporation income allocable to employee stock ownership plans (ESOPS). The Taxpayer Relief Act of 1997 repealed this UBIT rule because Congress believed it unfairly taxed S Corporations twice – once, when the income was earned and, again, when the income was distributed. The Administration believes the repeal has led to excessive tax deferral and avoidance. AGC strongly opposes the President’s proposal.

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