March 27, 2008
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Highway & Transportation
AGC Member to Testify for TCC at Senate Transportation Appropriations Subcommittee Hearing
Immigration
Supplemental Proposed Rule on Social Security No-Match Letters Published this Week
Federal Construction
AGC to Host 2008 Federal Contractors Conference
Municipal & Utilities
AGC Volunteer Allen Gray Inducted into the Common Ground Alliance Hall of Fame

  AGC Member to Testify for TCC at Senate Transportation Appropriations Subcommittee Hearing

AGC member John McCaskie, Swank Associated Companies, New Kensington, Pennsylvania, will be representing the Transportation Construction Coalition (TCC) at a hearing before the Senate Transportation Appropriations Subcommittee next week.

he hearing is focused on the Highway Trust Fund solvency. McCaskie will discuss the impact on the construction industry that would result from a potential 30 percent or more cut in the highway program if additional revenue is not provided to fully fund SAFETEA-LU authorized levels in FY 2009.

For more information, contact Brian Deery at (703) 837-5319 or deeryb@agc.org. [ return to top ]

  Supplemental Proposed Rule on Social Security No-Match Letters Published this Week

The Department of Homeland Security (DHS) this week published a supplemental proposed rule that would direct employers on how to react to the receipt of Social Security No-Match letters.  The rule is open for comment but can not go into effect until DHS returns to court to remove an injunction that was issued on the last version of the rule DHS published.

DHS had issued a final rule in August 2007 that was supposed to go into effect in September 2007, but all action was delayed after the United States District Court for the Northern District of California blocked implementation of the rule. This was in response to a lawsuit filed by the AFL-CIO arguing that the Social Security Administration database is error prone and therefore many citizens and legal immigrants could end up losing their jobs because of the new DHS rule.  AGC financially supported the litigation against the rule because the rule and its proposed guidance document attempted to infer “constructive knowledge” that an employee was unauthorized to work in the U.S. simply through the receipt of a Social Security no-match letter.

The Judge in the case blocked the implementation of the rule last September saying that the original rule was flawed on three counts:

1) DHS had not supplied a reasoned analysis justifying a change in its position that a no-match letter, without more, would be sufficient to put an employer on notice that some of its employees may be unauthorized to work in the US;

2) That DHS had infringed on the authority of the Department of Justice (DOJ) by interpreting the anti-discrimination provisions of the Immigration Reform and Control Act of 1986 (IRCA), and;

3) That DHS had violated the Regulatory Flexibility Act by not conducting a regulatory flexibility analysis.

The new proposed rule is an attempt by DHS to address the concerns laid forth in the lawsuit, but on initial examination appears to fall short.  AGC will continue to review the new Supplemental proposed rule to determine its impact on the construction industry.  Click here to see the supplemental proposed rule.

In addition, AGC held an audio conference on the previous proposed rule on September 20, 2007.  A recording of this audio conference is available at www.agc.org/audioconferences.

For more information, please contact Kelly Knott at knottk@agc.org or (202) 547-4685.
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  AGC to Host 2008 Federal Contractors Conference

The Federal and Heavy Construction Division will host its annual Federal Contractors Conference at the J.W. Marriot in Washington, D.C. from April 29 to May 2, 2008.  This annual conference is a unique opportunity to meet with the leadership of federal agencies and colleagues in the federal construction market to engage in constructive and in-depth dialogues. 

Featured agencies include USACE, NAVFAC, USAF, GSA and OBO.  Other highlights include the Federal Owners Advisory Council roundtable discussion featuring key leaders from the majority of federal owners and opportunities to interact with your elected officials. 
 
In order to receive the AGC rate for hotel rooms, register by April 7, 2008.  For additional information including the conference schedule and presentations from the 2007 conference, visit www.agc.org/fedcon, or contact Perry Fowler at (202) 547-1983 or fowlerp@agc.org. [ return to top ]

  AGC Volunteer Allen Gray Inducted into the Common Ground Alliance Hall of Fame

Carolinas AGC Utility Division Director Allen Gray was honored for his work to enhance worker and public safety and underground damage prevention during the Common Ground Alliance (CGA) Annual Convention on March 26 in Las Vegas, Nevada. 

Gray, whose participation is sponsored by Carolinas AGC, has been involved for more than 10 years at the national level participating in the original U.S. Department of Transportation Common Ground Study as well as the formation of the CGA.  He is a stickler for detail, an advocate for construction interests and as a leader in the development of CGA Best Practices. These best practices are becoming increasingly accepted as industry standard nationwide. 

AGC thanks Carolinas AGC for its support in this endeavor and congratulates Allen for receiving the prestigious and well-deserved CGA Hall of Fame Award. 
 
For more information on AGC's involvement with CGA and how you can benefit, contact Stu Megaw at (703) 837-5321 or megaws@agc.org.
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