Author: clara.kinney@agc.org
On July 21, the U.S. Department of Transportation (DOT) issued a request for information (RFI) on the upcoming surface transportation reauthorization. The current law expires September 30, 2026, and DOT is seeking stakeholder feedback to shape the next proposal, inviting input from contractors, state and local governments, manufacturers, and other industry partners to ensure the bill addresses the nation’s most pressing infrastructure needs. AGC of America submitted comments to the RFI, underscoring the construction industry’s perspective and providing three attachments to inform DOT’s process: Through these submissions, AGC stressed the importance of predictable funding, regulatory clarity, and efficient permitting processes…
The Infrastructure Investment and Jobs Act (IIJA) provides funding for roads, bridges, and transit through September 30, 2026. The IIJA provides the Highway Trust Fund (HTF) with expenditure authority, or the ability for state and local governments to get reimbursed for obligations for projects. This expenditure authority ends unless Congress passes an extension or a new reauthorization bill. Payments on projects that were already obligated continue, but lettings, new grant agreements, and many discretionary awards pause until Congress restores authority. DOT’s own lapse plans underscore this: during an authorization lapse, Federal-aid Highway programs stop obligating new funds. To understand what…
On August 4, AGC of America submitted detailed comments on the Department of Transportation’s (DOT) new Procedures for Considering Environmental Impacts. AGC previously reported on the government-wide effort to streamline the National Environmental Policy Act (NEPA) process and highlighted DOT’s efforts to speed up the process for infrastructure contractors. Among the key changes are a rigorous commitment to page and time limits, new procedures for project sponsors to prepare their own documents, and a new framework for evaluating what actions do and don’t require compliance with NEPA. In formulating our comment, AGC spoke to members at our July 31 In-House…
On August 7, 2025, The Federal Aviation Administration (FAA) released a proposed rule that would allow certain drone operations beyond the visual line of sight (BVLOS) without the need for individual waivers. The move is aimed at expanding safe, large-scale drone use across industries for activities such as mapping, inspection, and progress monitoring – and was also required by the FAA Reauthorization of 2024. The FAA proposes to create a new section in its regulations for BVLOS operations. Specifically, drone operators would need to hold either a permit (simpler, capped operations) or a certificate (broader, scalable operations) for BVLOS operations…
The Department of Defense (DoD) is set to require the Cybersecurity Maturity Model Certification (CMMC) for all DoD prime and subcontractors. AGC recently hosted a webinar about the CMMC program and how contractors can better prepare. In addition, AGC of America’s website provides a list of resources related to CMMC, including the CMMC’s Accreditation Body’s marketplace where contractors can find Accessors and C3PAOs. The DoD is implementing the CMMC requirements over four phases, starting with the inclusion of CMMC Level 1 and Level 2 Self-Assessment requirements in all applicable DoD solicitations. Most AGC members will fall under Level 1 or 2,…
On July 29, the U.S. Department of Justice (DOJ) issued new guidance warning all federal agencies and recipients of federal financial assistance that their programs, policies, or activities, including those labeled as Diversity, Equity, and Inclusion (DEI) programs, must fully comply with federal anti-discrimination laws. The memo, “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” emphasizes that granting preferential treatment based on protected characteristics (including race, color, religion, sex, or national origin) is unlawful unless specifically authorized by statute or upheld under strict judicial scrutiny. It also provides both a non-exhaustive list of practices that may lead to a…
The delayed reciprocal tariffs that were initially introduced on April 2, 2025 have now taken effect, with reduced rates for most countries effective August 1, 2025. During the pause on the tariffs, the United States made various deals with countries and trading blocs that had separate rates and agreements in place, including: Furthermore, President Trump has imposed tariffs on multiple countries in addition to already existing ones. In addition, President Trump has imposed a 50% additional duty on most copper imports. What’s next? Expect tariff action to continue as the Commerce Department is currently investigating a wide variety of imported…
On August 2, the Senate confirmed Marc Molinaro as the 16th Administrator of the Federal Transit Administration (FTA). You may recall, AGC supported his nomination and previously reported on his confirmation hearing. As a former U.S. Representative for New York’s 19th Congressional District, Molinaro brings a decades-long record of public service and infrastructure advocacy to the role. Molinaro has been serving as a senior advisor to Transportation Secretary Dean Duffy since his nomination was approved by the Senate Banking Committee in April. In announcing the confirmation, Secretary Duffy praised Molinaro’s leadership, experience, and commitment to “Making Transit Safe Again.” As…
On June 18, the U.S. Army Corps of Engineers (Corps) released its proposal to reauthorize the Nationwide Permit (NWP) program under Section 404 of the Clean Water Act. The Corps issues NWPs to authorize certain categories of construction activities that involve discharges of dredged or fill material into waters of the United States, provided those activities result in no more than minimal individual and cumulative adverse environmental effects. As a form of “general permits,” the NWP program is an important streamlining tool as individual permits can involve significant time and cost. The Corps reauthorizes the NWPs every 5 years, making…
On July 23, the AGC-backed Small Business Payment for Performance Act (H.R.4615) was introduced on a bipartisan basis in the U.S. House of Representatives. This bill requires federal agencies to issue an immediate partial payment to small businesses when a contracting officer changes the contract without the contractor’s agreement, helping to immediately cover the additional costs to the contractor caused by the government’s unilateral action. This bipartisan legislation was introduced by Reps. Pete Stauber (R-Minn.), Brian Fitzpatrick (R-Pa.), Marc Veasey (D-Texas), and Donald Norcross (D-N.J.). AGC will continue advocating for greater accountability of the change order process among federal agencies.…