Author: agcnews

As employers face unimaginable disruptions during the pandemic, they are still bound by compliance and reporting health care requirements under the Affordable Care Act (ACA). Despite relief provided to employers to date, there remains a need for greater regulatory compliance relief. Health care requirements and compliance rules prior to the coronavirus were complex and that complexity has grown. In response to this growing complexity, the Partnership for Employer-Sponsored Coverage—of which AGC is a member—called on the Internal Revenue Service and Treasury Department to provide compliance safe harbors under the ACA on the affordability test along with increased time and flexibility to…

On Oct. 5, 2020, the U.S. Environmental Protection Agency (EPA) released a draft National Recycling Strategy for public input. The strategy organizes high-level actions around three strategic objectives to improve the U.S. recycling system: 1) reduce contamination, 2) increase processing efficiency, and 3) improve markets. The draft strategy is available for public comment through December 4, 2020. The draft strategy takes a look at what factors are stressing the recycling system in the United States today from confusion about which materials can be recycled to reduced markets for those products. To read the National Recycling Strategy and provide comments visit: https://www.epa.gov/americarecycles/national-recycling-strategy-and-framework-advancing-us-recycling-system.…

On September 22, President Trump issued an “Executive Order on Combating Race and Sex Stereotyping.” While the EO does not establish a blanket prohibition on diversity and inclusion (D&I) training of employees by government contractors, it does set forth restrictions on the content of such training. The U.S. Department of Labor must undertake a rulemaking to implement the terms of the EO and that rulemaking could put forth a better understanding of the restrictions required under the EO before it can take effect. AGC continues to review the EO and will provide additional information. For more information, please Jimmy Christianson…

On September 29, the Department of Defense (DOD) released the interim rule that will amend the Defense Federal Acquisition Regulation Supplement (DFARS) marking a key milestone that will eventually require a Cybersecurity Maturity Model Certification (CMMC) in all defense contracts phased in completely by 2026. For defense contractors CMMC certification is a “go/no go” requirement. The rule was originally slated to be released in the spring but was delayed. Disappointingly, the interim rule will take immediate effect at the end of the 60-day comment period giving regulators little time to make any adjustments. The rule comes on the heels of the CMMC Accreditation Body announcing that it…

On September 24, AGC, along with a coalition of associations, sent Congress a list of over 130 priorities as the House and Senate conference to reconcile the National Defense Authorization Act for FY 2021 (NDAA). Both defense bills authorize roughly $8 billion for military construction and contain a host of procurement and environment provisions. Some noteworthy provisions would have particular impact on federal construction contractors: 1) the House version includes an AGC supported requirement for federal agencies to initially pay at least 50 percent of the actual (incurred or committed) cost of the unilateral change order, 2) the House version would dramatically alter how military construction is procured, which AGC…

On October 1, House Speaker Nancy Pelosi (D-Calif.) and Treasury Secretary Steven Mnuchin remained far apart from reaching an agreement on additional COVID-relief funding legislation before Congress adjourns for the November 3 election. Among the areas where agreement remains elusive include the amount of additional funding for state and local governments, businesses and schools. Consequently, House Democrats are expected to pass their own $2.2 trillion COVID-relief bill largely along party lines with little to no prospects for passage by the GOP-controlled Senate. For the construction industry, many COVID-relief priorities too will likely wait until after the election, if not 2021,…

On October 1, the president signed into law legislation that averts a shutdown of federal government agencies and programs, including the federal-aid highway and transit programs. The legislation—known as a continuing resolution (CR)—funds the federal government through December 11. Thanks to AGC and a unified stakeholder community effort, a one-year extension of the Fixing America’s Surface Transportation (FAST) Act – the current highway and transit law – was included in the CR. The extension generally provides current levels of funding for federal highway and transit programs through September 30, 2021. In addition, the CR provides $13.6 billion to shore up…

On September 22, AGC sent a letter of support for the Endangered Species Act (ESA) Amendments of 2020 introduced by Senate Environment and Public Works Committee Chairman John Barrasso (R-WY) ahead of a September 23 hearing on the bill. The bill complements and builds on changes the Trump Administration made last year by further empowering States and Tribes in the recovery of species, permitting the prioritization of resources, promoting recovery and delisting, and incentivizing engagement in voluntary conservation efforts. AGC also supports studying the administrative and litigation expenses associated with the ESA. For more information, contact Melinda Tomaino at melinda.tomaino@agc.org.

On September 21, AGC CEO Stephen Sandherr expressed support of a bill to streamline the federal environmental review process for infrastructure projects. Key Republicans in the U.S. House of Representatives introduced the bill, BUILDER Act — Building U.S. Infrastructure through Limited Delays & Efficient Reviews, this week. “Congressional Committee leaders’ newly-introduced legislation will provide needed enhancements to the National Environmental Policy Act,” Sandherr said. “This legislation complements the administration’s recent efforts to streamline the environmental review process while continuing to adhere to the same rigorous environmental standards. AGC is eager to work with members of Congress to further improve the permitting process for infrastructure…

The U.S. Department of Labor announced a proposed rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors. AGC has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such as those that have historically existed in the construction industry. The Department’s proposed rule would: This Notice of Proposed Rulemaking (NPRM) is available for review and public comment for 30 days after it is published in the Federal Register. The Department encourages interested parties to submit comments on the proposed rule. For more information,…