Report of the MCAA Legislative Committee

Words: Paul Oldham

MCAA success in the 112th Congress

  • Eliminated the 3% Withholding Tax
  • Succeeded in obtaining favorable Life-Cycle Cost language in the Military Construction Appropriations Bill
  • Permanently extended the estate tax at a $5 million per person exemption indexed for inflation with spousal portability
  • Permanently Indexed the Alternative Minimum Tax for inflation

Why does March 2013 matter so much?

The sequestration budget cuts that were originally scheduled to hit in early January were pushed back until March 1, 2013.

The Continuing Resolution that is currently funding the federal government expires on March 27, 2013. If Congress does not act to pass a further continuing resolution or separate appropriations bills the federal government will shutdown.

The Department of Treasury estimated that it will run out of options to delay the breaking of the nation’s statutory “debt limit” in mid-February 2013. Congress delayed this issue until mid-May, setting up added pressure to find a budget deal.

MCAA in the 113th Congress

The issues that will likely quickly move and what MCAA should build on in 2013 and 2014:
  • Check-Off Program — Major Industry wide Marketing and Education Effort
  • Immigration Reform — Enforcement Provisions on Businesses
  • National Energy Plan — Finally Plan Our Nation’s Energy Future
  • OSHA Regulations — Overbearing Regulations in a 2nd Term?
  • Federal Budget — How to Tackle the Debt and Deficit
  • Pension Reform - Major Reform Efforts Away From Defined Benefits

Check-off Program

In the 112th we pushed for passage of HR3395/S3227, establishing a check-off program for the concrete masonry industry. We ended the year with 55 bipartisan cosponsors in the House and 9 bipartisan cosponsors in the Senate. We will continue to work to get this bill enacted in the 113th Congress.

Immigration Reform

The Masonry Industry supports a comprehensive approach that includes provisions to secure our nation’s borders, creates a temporary guest worker program that meets the demand for labor, and creates a process for addressing the undocumented currently employed in the U.S.

The Masonry Industry opposes immigration legislation that:
  • Assigns liability for contractors who unknowingly use subcontractors that employ undocumented workers;
  • Would make employers become the de facto “immigration police;”
  • Fails to include a reasonable implementation period for electronic employee verification system;
  • Would include excessive debarment penalties for immigration violations;
  • Implements a system that has not been thoroughly tested and revamped;
  • Places a considerable financial strain on small business owners, due to the technological infrastructure;
  • Fails to provide liability protection for employers from discrimination lawsuits for an employer who relies on E-Verify information and subsequently denies employment to or fires a current employee who is later found eligible to work in the United States.

National Energy Plan

The masonry industry favors a broad-based approach to national energy policy, ranging from the responsible development of traditional sources of energy, e.g., oil, gas, nuclear, and coal, to investment, development and support of new sources, e.g., passive solar and renewable energy efficient technologies.

Congress should support increased energy production including the environmentally sound development of energy in the Arctic National Wildlife Refuge (ANWR), as well as continued support of natural gas and oil exploration on the Outer Continental Shelf (OCS).

Congress should also support research and development funding for passive solar and energy efficient technology; provide private sector entities with funds sufficient to develop more cost effective and economically feasible applications; provide better education and outreach programs to the consuming public; and enact tax incentives for installation of passive solar in new or existing buildings.

OSHA Regulations

Crystalline Silica Exposure

The standard would require employers to ensure that workers are protected from silica exposure through a variety of means, including monitoring and testing, respirators, shrouds, HEPA vacuums and filters and other more sophisticated engineering controls, and protective clothing. Employers would also be required to pay for pre-employment health screening, periodic health screening and possibly post-termination health screening, all of which is very costly and time consuming.

Other Unknown Regulations

Since the re-election of President Obama, many people believe that the Administration will begin to move many new regulations aimed at moving on their agenda without the need for Congressional approval.

Federal Budget

The current federal budget debt stands at over $16 Trillion. The annual budget deficit is over $1 Trillion. Without serious, bipartisan efforts to control federal spending the federal government will continue to compete with our private sector for capital.

The federal government needs to get its fiscal house in order for our economy to get back on its feet and the construction industry to start building this country back up.

Pension Reform

The MCAA supports reform that will allow for transition away from the Defined Benefit Plans, ultimately de-risking these plans by paying down the unfunded liabilities while transitioning to alternative type plans. This will result in de-risking for the Pension Benefit Guaranty Corporation (“PBGC”).

There is a broad coalition of unions and contractors who have been working for over a year to find an agreement on a way to move forward during the beginning months of 2013.

Your Ideas

What issues are affecting your businesses on a day to day basis that MCAA can tackle and take to Capitol Hill? Contact the MCAA office to let us know.
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