Solicitations requiring bidders on certain U.S. Army Corps of Engineers (USACE) construction projects to submit an executed project labor agreement (PLA) prompted AGC to write and call agency officials expressing strong concern.  On August 18, the agency called AGC to announce that it was withdrawing the PLA requirement and to thank AGC for educating them on the issue.On August 12, AGC sent a letter to the USACE's Mobile District demanding information about the agency's justification for including a PLA mandate in a solicitation for the construction of an Air Force Technical Applications Center at Patrick Air Force Base in Florida. The letter questioned how it determined that the conditions listed in President Obama's executive order on PLAs were present. The requirement, along with similar mandates by other contracting agencies and information about pressure from higher in the Administration, also prompted AGC to send a letter calling on President Obama to protect contracting officers from such political pressure, and to send an "unmistakable and public" message that political appointees should not cross the line between politics and procurement.Read more here.

 As part of the Transportation Construction Coalition and Americans for Transportation Mobility, AGC launched a new national effort to push for passage of the long-delayed bill that provides federal funds to fix aging roads and unsafe bridges. In conjunction with AGC of South Dakota, the campaign began with the unveiling of a new billboard, and radio and print advertisements in Rapid City, Sioux Falls and Aberdeen.The effort, which will cover dozens of states during the coming weeks, is designed to educate the public about why passing a federal transportation bill is essential to improving road conditions in states like South Dakota. The Rapid City Journal announced the start of the campaign on the front page this week, and the story was also covered in the Argus Leader and on the local ABC station, among other local media outlets.The news conferences were hosted by the state's Secretary of Transportation Darin Bergquist.  The mayor of Rapid City and the Sioux Falls city engineer also took part in the events.In addition to funds contributed by the coalitions to support these events, AGC of South Dakota contributed an additional $10,000 to help finance the effort. Visit AGC's website for more information and to let Congress know you support long-term investment in transportation.

The massive healthcare bill enacted in March contained a provision which requires businesses to send Form 1099s for all business-to-business transactions for services and goods equaling $600 or more in a year.  The provision was justified as a way to identify businesses that are not reporting or underreporting income to avoid paying their fair share of taxes. The Congressional Budget Office estimated that the provision would raise $17 billion to offset a small portion of  the healthcare bill,  but AGC members know it will be a tremendous burden on businesses and increase paperwork and compliance costs.Legislation has been introduced in both the House and Senate to modify and repeal the 1099 requirement. AGC supports full repeal of the provision rather than a modification, which is why AGC supports H.R. 5141 and S. 3578, the Small Business Paperwork Mandate Elimination Act. The House considered legislation prior to the August recess that would have repealed the provision; however, the bill ultimately failed.   The Senate is scheduled to vote on two amendments to a small business jobs bill when they return in September: one that would repeal the provision and one to modify the provision. Because the proposed modification would not repeal the 1099 requirement, but would instead put in place new exemptions, AGC does not believe the amendment would provide adequate relief for business.AGC continues to request members write their Senators and Representative in support of H.R. 5141 and S. 3578 and in support of a full repeal of the burdensome 1099 reporting requirement.  For more information on the 1099 reporting requirement and to write your Members of Congress, use the AGC Legislative Action Center.

A provision in the massive healthcare bill enacted in March requires businesses to send Form 1099s for all business-to-business transactions equaling $600 or more in a year.  The provision was passed to help identify businesses that are not reporting or underreporting income to avoid paying their fair share of taxes. The Congressional Budget Office estimated that the provision would raise $17 billion to help pay for the healthcare bill.  However, the new requirement will be a tremendous burden on businesses, increasing their paperwork and compliance costs.Legislation has been introduced in both the House and Senate to modify and repeal the 1099 requirement. AGC supports repeal of the provision rather than a modification, which is why AGC supports H.R. 5141 and S. 3578, the Small Business Paperwork Mandate Elimination Act.  The House considered legislation prior to the August recess that would have repealed the provision; however, the bill ultimately failed.   The Senate is scheduled to vote on an amendment to a small business jobs bill that would repeal the provision when they return in September. AGC is requesting members write their Senators and Representative in support of H.R. 5141 and S. 3578 and in support of a full repeal of the burdensome 1099 reporting requirement.  For more information on the 1099 reporting requirement and to write your Members of Congress, use the AGC Legislative Action Center.

Nearly a dozen AGC member companies, including host George J. Igel & Company, participated in an event arranged by the Ohio Contractors Association with Transportation Secretary Ray LaHood and Representative Mary Jo Kilroy (D-Ohio) in Columbus.During the event, contractors and their employees expressed concern over what would happen when stimulus money runs out. Secretary LaHood and Rep. Kilroy agreed that a six-year transportation bill would be a logical sequel to the stimulus.Watch the local NBC affiliate's coverage here or read coverage from the Columbus Dispatch.

The November elections are quickly approaching, with 34 primary elections completed and 16 to go. Colorado and Connecticut were front and center this week as they hosted primaries on Tuesday. Neither state brought many surprises, but Republican nominee Cory Gardner ran unopposed in the primary for Colorado's 4th District and is one of the first candidates inducted into the National Republican Congressional Committee's "Young Guns" program. He will face Democrat Rep. Betsy Markey.Colorado's one term Sen. Michael Bennett (D) will face Weld City, Colorado's District Attorney Ken Buck in a "toss-up" race. Meanwhile, in Connecticut, Republican Linda McMahon will face Attorney General Richard Blumenthal (D) for Senator Chris Dodd's (D) seat. Connecticut State Senator Sam Caligiuri (R) will challenge incumbent Chris Murphy (D) in November for what could be called Connecticut's most vulnerable seat.

The Senate finished work last week on a $26 billion package that contains state aid, extension of Medicaid funding and funds to avert teacher layoffs, and confirmed Solicitor General Elena Kagan to the Supreme Court.  The passage of the state aid package required the House to return to the Capitol to pass the Senate version before they can resume their August recess. The administration has no plan at the moment to push for additional construction stimulus.While Congress was able to finish work on these issues, many of the issues specific to AGC and the construction industry must wait until September or later.  SAFETEA-LU authorization expired on September 30, 2009, and the highway program is operating under short term extensions, the latest of which expires at the end of the year.  Senate Majority Leader Harry Reid (D-Nev.) announced this week he may attempt to pass an energy bill as early as September. The Senate bill includes oil-spill and other energy provisions, but could be expanded to include provisions on promoting renewable energy sources and possibly caps on greenhouse gases, although it is unlikely.Congress also failed to move legislation meant to help small businesses. The bill was bogged down by how big the tax provisions should have been, but is expected to see action in the Senate when Congress returns in September. The bill is expected to include funds for community banks to make loans to small businesses and tax cuts, including quicker write-offs for depreciation.For more information, contact Jim Young at (202) 547-0133 or youngj@agc.org.

New rule will take effect Nov. 8, 2010  The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued on July 28, 2010, a new rule addressing the use of cranes and derricks in construction.  Approximately 267,000 construction, crane rental and crane certification establishments employing about 4.8 million workers will be affected by the final rule. Read the changes to the final rule from the proposed rule here.Since OSHA announced its decision to establish a Crane and Derrick Negotiated Rulemaking Advisory Committee (C-DAC) under the Negotiated Rulemaking Act (NRA), the Occupational Safety and Health Act (OSH Act) and the Federal Advisory Committee Act (FACA) in 2003, AGC participated on the C-DAC Committee and commented extensively on the proposed rule. AGC's comments centered on crane operator qualification and certification, as well as the scope, definitions, fall protection, inspections, and assembly/disassembly requirements of the rule. AGC also held a series of conference calls with members and Chapters to review and solicit comments on the proposal.The previous rule, which dated back to 1971, was based on 40-year-old standards. The new rule is designed to prevent the leading causes of fatalities, including electrocution, crushed-by/struck-by hazards during assembly/disassembly, collapse and overturn.  It also sets requirements for ground conditions and crane operator assessment.  In addition, the rule addresses tower crane hazards, addresses the use of synthetic slings for assembly/disassembly work, and clarifies the scope of the regulation by providing both a functional description and a list of examples for the equipment that is covered.The new rule will take effect on Nov. 8, 2010. To view AGC's comments on the proposed regulations, click here, and the changes in the final rule here. The complete rule is available here. The regulation text is available here.

This week it was expected that the AGC-opposed Miner Safety and Health Act would be on the House floor for a vote.   Thanks to AGC's efforts Washington, D.C., and from grassroots contacts nationwide, as of Thursday this bill has not been considered and it is now unlikely that it will be considered before September.  More than 1,200 AGC letters were sent to Capitol Hill explaining the dedication of AGC members to safety and outlining the concerns posed by this bill.The Miner Safety and Health Act would make significant changes to both MSHA and OSHA. AGC is a strong advocate of worker safety but is concerned about the direction of the bill. The legislation turns the clock back on well over 10 years of progress in improved workplace safety, which has lead to a nearly 50 percent reduction in the construction fatality rate, by creating a more adversarial relationship between employers and OSHA.The bill does not help facilitate worker safety on a site or help businesses, especially small businesses, improve their worksite safety. Instead, the House proposal focuses on punitive measures, such as vague new standards for criminal liability, and imposes complicated and costly procedures for adjudicating whistleblower cases. This approach fails to take into account the construction industry's successful accident prevention strategies that have resulted in reducing workplace injury, illness and fatality rates through the successful efforts of business and government working together. AGC is worried that this legislation will hamper continued construction industry safety improvements through increased litigation and discouragement of cooperative relationships.With the House leaving on Friday for their district work period, consideration of this bill is pushed back until at least September. The Senate has not yet focused on this bill and is likely to take a more deliberative (much slower) approach. Thank you to everyone who took the time to send letters. Please take advantage of your Members of Congress being home during August to let them know your thoughts on this legislation.  In addition, click here to send a letter to your Representative and Senators about your concerns with this legislation.

The House of Representatives is currently debating the Fiscal Year 2011 funding bill for the Department of Transportation.  The bill is expected to pass and now includes an amendment that will restore $200 million to the Highway Trust Fund due to AGC's lobbying efforts. Because several of the amendments would cut various transportation investment programs, AGC and our colleagues in the transportation construction industry sent a letter opposing any effort to scale back the transportation funding levels in the bill.An amendment offered by the Chairman of the Transportation and Infrastructure Subcommittee on Highways and Transit, Congressman Peter DeFazio (D-Ore.), drew the most attention.  The amendment restored $200 million that was taken from federal highway formula funds to fund DOTs "livable communities" initiative.  The "livable communities" initiative is an unauthorized, yet to be defined grant program that DOT hopes to create to provide certain planning grants to communities. The amendment was opposed by the Chairman of the Transportation Appropriations Subcommittee, John Olver (D-Mass.), as well as several House Democrats who wanted to ensure that federal transportation dollars were not spent on particular modes or types of projects. AGC along with its transportation construction stakeholder partners led the lobbying efforts for the DeFazio amendment.  These efforts ultimately led to Chairman Olver accepting the amendment, ensuring that the $200 million will remain in the Highway Trust Fund.The bill provides $45.2 billion for the highway program, $11.3 billion for transit program funding, $3.5 billion for the Airport Improvement Program (the same amount as appropriated in previous years), $1.4 billion for high-speed passenger rail, and $400 million for TIGER Grant programs, while failing to provide the $4 billion requested by the president for a National Infrastructure Innovation and Finance Fund.