The Federal Highway Administration (FHWA) will announce in tomorrow’s Federal Register that it will indefinitely suspend portions of a rule requiring states to develop performance measurements for tracking Greenhouse Gas (GHG) emissions for federal-aid highway projects.  The suspension of the rule is a significant victory for AGC and our industry allies who fought the GHG rule that was issued in the waning days of the Obama Administration.
AGC questioned FHWA’s authority to issue the rule at the time and had asked Transportation Secretary Chao to consider rescinding it as the regulation goes beyond requirements outlined in the surface transportation authorization legislation, MAP-21. AGC will continue to monitor this issue, as the Federal Register notice stated that FHWA will be publishing a Notice of Proposed Rulemaking in the “coming week” pertaining the GHG measure.
For more information, contact Sean O’Neill at [email protected] or (703) 837-8892.

Contact your U.S. representative to urge them to support the repeal of the burdensome prior approval requirement by co-sponsoring H.R. 2101 – the Prior Approval Reform Act. This legislation would repeal the prior approval requirement that discriminates against corporate-member trade association PACs, like AGC PAC.
Under the Federal Election Campaign Act, your company is required to grant written approval to AGC PAC if individuals on the administrative/executive team would like to learn more about the PAC and/or be solicited to contribute.  No other political entity, including corporate, labor union, and individual membership association PACs, is subject to the prior approval requirement.
AGC members have a constitutional right to join together in support of or in opposition to candidates for political office. Requiring prior approval discourages AGC members from participating in the national association's PAC, and creates an unequal playing field that restricts First Amendment rights to free speech. Help us repeal this burdensome requirement. Please contact your representative and urge them to co-sponsor H.R. 2101 today.
For more information, contact David Ashinoff at [email protected] or (202) 547-5013.

On May 17, 2017, the Occupational Safety and Health Administration (OSHA) announced the agency’s intent to extend the deadline for contractors to submit their injury and illness data.  The update does not provide any specifics as to how long the extension will be or when the official proposal will be issued. The revised regulation – Improved Tracking of Workplace Injuries and Illnesses – initially required contrac18tors to submit information from their Form 300A to OSHA electronically by July 1, 2017, which would then be posted to the OSHA website for public access. AGC will continue to monitor the status of any further updates on the rule as they become available.
For more information, contact Kevin Cannon at [email protected] or (703) 837-5410.

AGC-Supported Bill Encourages Transparency; Hearing Next Week
Earlier this month, Congressman Don Bacon (R-Neb.) introduced the “Small Business Know-Before-You-Bid Construction Transparency Act of 2017, H.R. 2350, which would require federal agencies to publish their change orders policy and procedures on any small federal construction contract. This requirement will provide prospective federal construction contractors with the information they need to factor the risk and cost of delayed payment for change orders prior to submitting bids or offers to the federal government. Next Thursday, AGC members Ed DeLisle and Andy Brown will testify before the House Small Business Committee on change order delays and the impacts they have on federal construction contractors.
AGC is at the forefront in advocating for greater accountability of the change order process among the different federal agencies. In March, the House of Representative’s Small Business Committee requested that the Government Accountability Office (GAO) conduct a review of the use of change orders on federal construction contracts. This bipartisan request was a direct result of AGC’s efforts with both parties in Congress to address the many issues associated with change orders.
AGC has previously called on the Federal Acquisition Regulation Council to improve the data federal agencies collect regarding the administration of change orders in response to the Council’s information request. AGC’s recommendations would require federal agencies to collect a range of data regarding the timeliness of action by the contracting officer (CO) to encourage greater CO accountability.
For more information, contact [email protected] or (703) 837-5368.

Tell your Rep. to Sign Bipartisan Letter in Support of Long-Term Fix – DEADLINE MAY 19
As the push continues for Congress to fix the Highway Trust Fund, a bipartisan group of members of the House of Representatives are circulating a letter calling for a permanent Highway Trust Fund fix to be included in any tax reform package. If you recall, Representatives Graves and Holmes Norton circulated a similar letter last year (check here to see if your Rep. signed the 2016 letter) that was signed by 130 bipartisan members of the House. Help us to significantly increase that number by contacting your Representative and asking them to sign on to the letter. So far, 111 members of the House have signed onto this year’s letter.  See if your member has signed on and, if so, send an email thanking them for their support.
Attendees at next week’s TCC Fly-In will be bringing this message to Capitol Hill and urging their House representative to sign onto the Graves/Holmes Norton letter. In addition to signing the Graves/Holmes Norton letter, attendees will also be asking their members of Congress to fully fund the FAST Act’s authorized levels for FY 2018 and increase airport infrastructure investment as part of the FAA authorization.
The FAST ACT provides funding certainty for the Highway Trust Fund through fiscal year 2020.  However, following the FAST Act's expiration, the Highway Trust Fund will face cuts of approximately $18 billion per year.  A permanent fix for the Highway Trust Fund needs to be found in order to eliminate these cuts.
The letter – which is being circulated by Transportation & Infrastructure Subcommittee on Highways and Transit Chairman Sam Graves (R-Mo.) and Ranking Democrat Eleanor Holmes Norton (District of Columbia) – is asking House Ways & Means Committee Chairman Kevin Brady (R-Texas) and Ranking Democrat Richard Neal (Mass.) to fix the Highway Trust Fund in any tax reform package that the committee considers.
For more information, contact Sean O’Neill at [email protected] or (202) 547-8892.

AGC of America is once again one helping to support and promote Infrastructure Week – a national week of education and advocacy that brings together American businesses, workers, elected leaders, and everyday citizens around the message #TimeToBuild.  Next week – May 15-19, 2017 – advocates around the country will highlight the state of our nation’s infrastructure and encourage lawmakers to invest in and modernize our roads, bridges, highways, airports, waterways, ports, and water systems.
AGC of America will be engaged in a social media campaign during the week to help educate the broader public and Congress about the many benefits of investing in our aging infrastructure.  In addition, all AGC chapters and member firms can sign up to become Affiliates of Infrastructure Week.  All Affiliates have access to a number of downloadable resources, including suggested social media content, template press release, template op-ed/blog post and a message guide.  In addition, there are already a number of activities taking place in cities around the country during Infrastructure Week. Please feel free to reach out to the groups organizing those events to participate.
For more information, contact Sean O’Neill at [email protected] or (202) 547-8892.

Contact your U.S. representative to urge them to support the repeal of the burdensome prior approval requirement by co-sponsoring H.R. 2101 – the Prior Approval Reform Act. This legislation would repeal the prior approval requirement that discriminates against corporate-member trade association PACs, like AGC PAC.
Under the Federal Election Campaign Act, your company is required to grant written approval to AGC PAC if individuals on the administrative/executive team would like to learn more about the PAC and/or be solicited to contribute.  No other political entity, including corporate, labor union, and individual membership association PACs, is subject to the prior approval requirement.
AGC members have a constitutional right to join together in support of or in opposition to candidates for political office. Requiring prior approval discourages AGC members from participating in the national association's PAC, and creates an unequal playing field that restricts First Amendment rights to free speech. Help us repeal this burdensome requirement. Please contact your representative and urge them to co-sponsor H.R. 2101 today.
For more information, contact David Ashinoff at [email protected] or (202) 547-5013.

AGC’s head of Environmental Law and Policy Leah Pilconis testified before the Senate Committee on Environment and Public Works at a hearing entitled “Infrastructure Project Streamlining and Efficiency: Achieving Faster, Better, and Cheaper Results.” AGC took the opportunity to discuss many of the ideas in its new document “Reforms for Improving Federal Environmental Review and Permitting,” which were well received.
AGC focused on three of its recommendations at this hearing. First, Congress should require a nationwide merger of the National Environmental Policy Act (NEPA) and the Clean Water Act Section 404 permitting processes, with the U.S. Army Corps of Engineers issuing a 404 permit at the end of the NEPA process, based on the information generated by NEPA. Data show these processes take the longest, are the most costly, and are subject to the most disagreements.
Second, the monitoring, mitigation and other environmental planning work performed during the NEPA process, and included the final Environmental Impact Statement / Record of Decision, must satisfy federal environmental permitting requirements unless there is a material change in the project. Time and money is wasted on redoing project analyses and reviews and on collecting duplicate information from permit applicants.
And third, Congress must consider a reasonable and measured approach to citizen suit reform to prevent misuse of environmental laws. These lawsuits can take years to resolve and, in far too many cases, litigation impedes projects that are vital to the renovation and improvement of our nation’s infrastructure. AGC will continue to advocate in Congress and with the Administration for additional infrastructure funding and additional environmental permit reform as new opportunities arise.
You can read AGC’s full statement and view our flow chart of environmental permits.
For more information, contact Leah Pilconis at [email protected].

Tell your Rep. to Sign Bipartisan Letter to Support a Long-Term Highway Trust Fund Fix
As the push continues for Congress to fix the Highway Trust Fund, a bipartisan group of members of the House of Representatives are circulating a letter calling for a permanent Highway Trust Fund fix to be included in any tax reform package. If you recall, Representatives Graves and Holmes-Norton circulated a similar letter last year (check here to see if your Rep. signed the 2016 letter) that was signed by 130 bipartisan members of the House. Help us to significantly increase that number by contacting your Representative and asking them to sign on to the Graves/Holmes-Norton letter. So far, 91 members of the House have signed onto the letter.  See if your member has signed on and, if so, send an email thanking them for their support.
The FAST ACT provides funding certainty for the Highway Trust Fund through fiscal year 2020.  However, following the FAST Act's expiration, the Highway Trust Fund will face cuts of approximately $18 billion per year.  A permanent fix for the Highway Trust Fund needs to be found in order to eliminate these cuts.
The letter – which is being circulated by Transportation & Infrastructure Subcommittee on Highways and Transit Chairman Sam Graves (R-Mo.) and Ranking Democrat Eleanor Holmes Norton (District of Columbia) – is asking House Ways & Means Committee Chairman Kevin Brady (R-Texas) and Ranking Democrat Richard Neal (Mass.) to fix the Highway Trust Fund in any tax reform package that the committee considers.
For more information, contact Sean O’Neill at [email protected].

Maintains Funding for Federal Construction Accounts
This week, the House and Senate agreed to a funding bill at an annualized spending rate of $1.165 trillion for the remainder of fiscal year 2017, which ends Sept. 30. The House passed the bill by a vote of 309-118 with 178 Democrats and 131 Republicans voting in support of the bill. The Senate passed the bill by a 79-18 vote. Overall, the bill is mostly status quo with nearly $120 billion for federal construction accounts tracked by AGC.  The total number is nearly identical to fiscal year 2016-enacted levels but $17 billion less than the Obama Administration’s fiscal year 2017 budget request. The bill is expected to pass the Senate and be signed by the president prior to the expiration of the current short-term funding bill on Friday.
The bill provides the increased funding levels for federal highway and transit programs that was provided in the FAST Act, and ignores a call by President Trump for cuts to the TIGER grant program and limits to the transit capital grants for ongoing transit projects. Additionally, the bill provides slight increases for the U.S. Army Corps of Engineers Civil Works program and maintains funding for worker training and education programs critical to addressing the construction industry’s skills shortage.  The one program to see significant cuts was the construction account for the General Services Administration. Additionally, Department of Labor enforcement agencies funding remains largely unchanged with only modest cuts to Office of Labor Management Standards (OLMS) and Office of Federal Contract Compliance Programs (OFCCP).
Unlike previous years, the bill included very few policy riders, however, AGC was successful in once again including provisions that would restrict the use of local hire requirements on highway and transit projects that have federal funding. The bill also included policies riders that prohibit the National Labor Relations Board from issuing an electronic election voting rule and increase the H-2B visa cap— a program for temporary, seasonal, low-skilled workers.
 
For more information, contact Sean O’Neill at [email protected].