Author: clara.kinney@agc.org

This member issue advisory is not legal advice, but rather general policy analysis. As always, member companies should consult their own legal counsel and trade expertise for their own use. On February 20, 2026, the U.S. Supreme Court in Learning Resources, Inc. v. Trump, struck down the President’s drug trafficking, trade deficit “reciprocal,” and other associated tariffs that he imposed under the International Emergency Economic Powers Act (IEEPA) by holding that IEEPA does not confer tariff authority to the President. Later in the day, the President issued an executive order that terminated the now-invalidated IEEPA-implemented tariffs and imposed via proclamation…

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On March 4, the House Subcommittee on Environment held a hearing on legislative proposals relating to Brownfields redevelopment. AGC of America signaled support for the proposals in a Statement for the Record for the subcommittee’s hearing. AGC members build projects that intersect or overlap with Brownfields sites (e.g., old dry cleaners and gas stations). The proposals would streamline permitting and provide innovative financing for “nationally significant” projects such as energy generation as well as increase funding and resources for states and small communities. The Brownfields program is an important tool for redevelopment. Despite this, the presence of a Brownfields site…

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The Federal Highway Administration (FHWA) has issued a notice seeking public comment on a proposed modification to its existing Buy America waiver for electric vehicle (EV) chargers used in Federal-aid highway projects. Under the current waiver, EV chargers must undergo final assembly in the United States, and at least 55 percent of the cost of components must be domestically manufactured. FHWA is now considering increasing that domestic content threshold to as much as 100 percent of component costs. The proposal follows a 2023 temporary public interest waiver issued after FHWA determined domestic manufacturing capacity was still ramping up. FHWA now…

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The Federal Highway Administration (FHWA) recently announced Every Day Counts Round 8, continuing the long-running program to promote the rapid adoption of proven innovations in transportation. For more than a decade, the Every Day Counts (EDC) initiative has encouraged state DOTs and local agencies to deploy practical tools and processes that improve safety, shorten project timelines, and strengthen infrastructure management. Round 8 includes six focus areas: Advancing Nighttime Work Zone Safety focuses on improving safety for workers and drivers during nighttime construction, when crash risks are often higher. The initiative encourages agencies to adopt more consistent nighttime practices, including improved…

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The U.S. Department of Labor’s Wage and Hour Division recently published a proposed rule designed to help workers and employers better understand when a worker is an employee under the Fair Labor Standards Act and when he or she may be properly classified as an independent contractor. The proposed rule would rescind the department’s 2024 rule addressing the classification of independent contractors and replace it with an analysis similar to the one adopted by the department in the first Trump administration in 2021 which AGC supported. AGC also joined in a legal challenge to the 2024 rule. The analysis in…

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Congress continues to work towards reauthorization of a new surface transportation bill. In Part 4 of our Road to Reauthorization series, we focused on protecting workers in highway work zones. But before crews can even get to the job site, many projects spend years stuck in environmental review and permitting. AGC members are ready to build. The funding provided by the Infrastructure Investment and Jobs Act created opportunity across the country. The problem is that too often projects are delayed by lengthy National Environmental Policy Act (NEPA) reviews, overlapping federal permits, and lawsuits challenging those decisions. Every delay increases costs,…

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If you work in construction, your livelihood is shaped by public policy. Decisions made in Washington, D.C., and in state capitals affect what you build, how fast you can build it, and how much uncertainty you face along the way. That is why voting in 2026 matters for professionals in the industry, and why AGC of America’s Election Center makes it easy to take part. From infrastructure funding and permitting timelines to workforce programs and regulations, elections shape the environment you work in every day. When you vote, you are helping determine the future of your projects, your business, and…

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Get hands-on with the full heavy highway civil estimating workflow in this three-part, highly interactive Estimating with Impact – Heavy Highway Civil Estimating workshop. From interpreting plan sets to running bid simulations, you’ll strengthen your preconstruction foundation while learning to spot risk, structure your approach, and use modern tools. Develop core estimating skills for heavy highway civil projects such as earthwork, paving, structures, and utilities delivered through modern risk-analysis and AI workflows. Participation in this workshop is for one person per registration. Member price is $950, Non-member price is $1100. For more information, please contact Babs Parnarouskis.

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At a February 24 hearing before the U.S. House Committee on Small Business, Mike Gibson, Executive Vice President of the Associated General Contractors (AGC) of Kansas, testified on the critical role career and technical education (CTE) programs play in supporting economic development and addressing workforce needs in the construction industry. Gibson highlighted AGC of Kansas’ workforce development initiative, Build Up Kansas, as a model for connecting students to high-demand careers in construction while equipping them with valuable technical and life skills. During his testimony, Gibson offered several recommendations for Congress to better align federal policy with employer needs. These included:…

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On February 20, the U.S. Supreme Court issued a decision holding that the International Emergency Economic Powers Act (IEEPA) does NOT authorize the President to impose tariffs. However, the Court did not order refunds or set a refund process for tariffs already paid. Any tariff refunds (if they occur) would generally run through normal Customs processes and typically go back to the importer of record who paid the tariff invoice (usually not the contractor). AGC of America is still actively analyzing the effects of the ruling, but below are the top-level takeaways for members. This decision is specific to IEEPA-based…

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