The Obama Administration released its final silica rule today that retains many of the flawed provisions AGC warned administration officials about earlier this year. Of primary concern is that the final rule sticks with the same, unattainable silica exposure limit included in the proposed rule. However, the administration did agree to remove the extremely restrictive regulated areas requirement that would have forced construction workers to seal off and restrict access to every part of a construction project where dust is being generated. For more information about the rule, click here and here. Please contact your members of Congress and urge them to block implementation of this rule until it can be proven to be technologically and economically feasible.

Contact Your Member of Congress During Spring Recess and Urge them to Support Increased Airport Infrastructure Funding Before the House of Representatives left on their two-week spring recess, its members passed a bill to extend Federal Aviation Administration (FAA) programs through mid-July. AGC has been pushing Congress to increase funding for the Airport Improvement Program and modernize the Passenger Facility Charge (PFC) program. With the House out until April 11 and the Senate out until April 4, now is a great opportunity for AGC members to contact their members of Congress while they are home and urge them to pass a FAA Reauthorization bill that includes these two AGC-supported reforms.

This week the U.S. Department of Transportation’s Federal Highway Administration (FHWA) announced it was making $15 million available for grants to test alternative revenue mechanisms to address the long-term solvency of the Highway Trust Fund.

AGC submitted comments on the Federal Acquisition Regulation (FAR) Council’s proposed rule to require prime contractors to self-report late or reduced payments to contracting officers. Under the proposed rule, unjustifiable delays or reductions in subcontractor payment under the terms and conditions of the subcontract would lead to a negative past performance review for the prime contractor. AGC’s comments concluded that the proposed rule is unnecessary and needlessly burdensome given existing Prompt Pay Act safeguards and small business subcontractor payment acceleration executive measures.

Requests Improved Data Reporting to Encourage CO Accountability AGC, along with the American Subcontractors Association, called on the Federal Acquisition Regulation (FAR) Council to improve the data federal agencies collect regarding the administration of change orders in response to the Council’s information request. AGC’s recommendations would require federal agencies to collect a range of data regarding the timeliness of action by the contracting officer (CO) in an effort to encourage greater CO accountability.

To no one’s surprise, Donald Trump easily swept the Arizona primary on Tuesday. Mr. Trump notched a 47-25-10 percent popular vote victory margin over Sen. Ted Cruz and Gov. John Kasich, respectively. With this performance, the New York real estate mogul claimed the last major Winner-Take-All primary and all 58 Arizona delegates.

Help Us Spread the Message – Contact your Congressman AGC is supporting legislative attempts to force the Occupational Safety & Health Administration (OSHA) to prove that their proposed rule to regulate the hazards of crystalline silica exposure is technologically and economically feasible prior to finalization, implementation or enforcement. Please contact your Congressman and help block implementation of OSHA’s proposed rule on silica.

Urge Your Congressman to Delay Implementation Please contact your member of Congress to urge them to delay implementation of the Blacklisting Executive Order. This President Obama executive order will require federal prime and subcontractors to report violations of 14 federal labor laws and "equivalent" state labor laws during the previous three years, and again every six months, on federal contracts over $500,000.

House Ways and Means Committee Chairman Kevin Brady (R-Texas) addressed AGC’s Highway and Transportation Division during AGC’s 97th Annual Convention in San Antonio, Texas. Chairman Brady’s committee is responsible for tax issues in the House including Highway Trust Fund motor fuel tax revenue. He said he was pleased that Congress was able to find sufficient revenue last year to fund the FAST Act for the next five years but he believes we need to get back to a user fee-based revenue source. He reported that transportation committee chairman Bill Shuster (R-Pa.) is organizing a summit of key House members and outside stakeholders to discuss the best route to a long-term, sustainable solution.

House and Senate Pass Competing Extensions This week, the Senate Commerce Committee passed the Federal Aviation Administration (FAA) Reauthorization Act of 2016. The nearly two-year authorization provides a $400 million increase in 2017 for the Airport Improvement Program (AIP) but does not lift the volume cap on the Passenger Facility Charge (PFC) program. The AIP and PFC are the main funding and financing mechanisms for airport and runway infrastructure projects. Prior to the committee’s consideration, AGC sent a letter supporting the increase in the AIP and asking for the Senate to consider an increase in the PFC as the legislative process moves forward.