President Biden’s $2 trillion infrastructure plan includes new workforce investments, labor preferences and the PRO Act. The overall labor intent of the plan is to prioritize the construction investments are made with union labor. And, the Administration hopes to do just that with including the PRO Act in its plan. The PRO Act continues to be a top priority of the AFL-CIO to overturn decades of federal labor policy to arm unions with practically every legal and tactical advantage to gain the most favorable terms possible. While the PRO Act passed the U.S. House earlier this year, it has stalled in the Senate as Democratic leaders debate whether to change the filibuster rules to make its passage possible.

On March 31, President Joe Biden released the American Jobs Plan, a $2 trillion, wide-ranging infrastructure proposal that seeks to invest in all modes of transportation, water, electric, broadband, public buildings, manufacturing, and much more. On the transportation front, Biden is proposing $621 billion in “additional” investment, including:

President Biden is expected to put forth his proposal for a multi-trillion investment in infrastructure on March 31. The proposal is expected to include significant investments in a broad range of construction projects including roads, bridges, public transit, airports, drinking water and wastewater, schools, renewable energy, broadband and more. In addition to physical infrastructure, proposal is anticipated to include significant investments in “human infrastructure,” including but not limited to free community colleges, universal pre-kindergarten and paid family leave. AGC welcomes sorely-needed public and private construction investment that can generate long-term benefits for our economy, communities and national security. However, AGC remains concerned about the possibility of unpredictable and impracticable federal requirements being attached to those investments that, in turn, could significantly diminish its buying power and create barriers to full and open competition.

Transportation Secretary Buttigieg Testifies Lays Out Bold Vision for Infrastructure Investment

On March 16, bipartisan members of the House Transportation and Infrastructure Committee introduced the AGC- supported Water Quality Protection and Jobs Creation Act of 2021 (HR 1915). The bill would substantially increase federal funding assistance available to states and localities through the Clean Water State Revolving Fund (CWSRF).

PRO ACT—The Greatest Threat to Union & Open Shop Construction

On March 16, AGC met with the Federal Highway Administration (FHWA) Acting Administrator Stephanie Pollack. Prior to joining FHWA, Pollack served as the Secretary and Chief Executive Officer of the Massachusetts Department of Transportation. This introductory meeting provided AGC an opportunity to discuss mutual priorities between the association and agency, including addressing challenges facing the surface transportation system, construction workforce and diversity and inclusion in the industry. AGC looks forward to further meetings and continuing the conversation on how to rebuild our nation’s infrastructure with other leaders of the Department of Transportation.

Short Answer: It’s Not Clear

House Democrats unveiled their long-awaited plan to revive earmarks – or “congressionally directed spending” as they are rebranded. The plan would allow members of Congress to direct money in the annual spending bills that would benefit specific projects in their district. The ban on this practice had resulted in this spending authority being ceded to the U.S. Department of Transportation (U.S. DOT) through discretionary grants. Following that announcement, House Transportation and Infrastructure Committee Chairman Peter DeFazio noted that earmarks would be included in the upcoming surface transportation bill and that additional details would be coming later this month. The Senate is separately working out a plan to restore earmarks however the path forward is less clear. AGC will continue to track this issue as further details are released.

Includes Significant Funding for Infrastructure with New Federal Strings Attached