Legislative Activity

Legal Additional Issues

Asbestos Litigation Reform

Support passage of asbestos litigation reform to create a trust fund in lieu of law suits. Congress should develop a workable trust fund to compensate the injured that is based on medical criteria. This will protect the injured as well as provide a definitive number for those companies affected.

Contractor's 'Right to Cure'

Promote a contractor’s 'right to cure' regulatory violations prior to facing monetary fines. The best method to facilitate cooperation between the government and the regulated community to encourage volunteer compliance assistance is to allow contractors to allow companies to remedy problems identified in the audit prior to monetary fines being assessed. Contractors often seek a better relationship with the government in order to make their workplace better. One way to improve the workplace is to perform audits or seek help from consultants to assist in this effort. With compliance assistance efforts increasing at agencies, contractors also seek help from the government. When a company is proactive in trying to improve their worksite, a better approach to accomplish this is for the government to work with the contractor rather than just imposing fines. The goal should be preventing accidents not imposing fines.

Prior Approval PAC Solicitations

Repeal the prior notification approval requirement for PAC solicitations. Requiring a written authorization prior to solicitation for PAC participation stifles AGC member participation in political activities by restricting the ability of the association to freely promote the PAC’s operations and activities with its membership.

Reform the Tort System

Support legislation that would reform the tort system. Legal reform will improve the business climate by removing the threat of frivolous litigation, reducing insurance costs and stabilizing prices to the consumer. Contractors, both large and small face ever increasing legal liabilities. These costs can spiral out of control affecting both the contractor and their consumers. Reform should reduce legal liability, unless caused through intent or gross negligence.

Terrorism Risk Insurance

Support extension of a federal backstop to continue the availability of terrorism risk insurance. The U.S. Government mandated that terrorism risk insurance be made available at reasonable prices and set up a federal backstop, should claims become catastrophic. The program is set to expire December 31, 2007.

'Whistleblower' Rights

Protect defendant rights under 'whistleblower' statute of False Claims Act. Reforms of the False Claims Act should be enacted consistent with Congress’ intent to punish fraudulent contractors and protect innocent contractors from malicious litigation. Although a company may be innocent of the claim(s) filed, the government has no ability to protect a contractor from an unfair and unwarranted action. This law needs to be changed to limit the circumstances under which lawsuits are brought before the courts.