Supporters of the "so-called" Employee Free Choice Act (EFCA) continue efforts to seek some sort of compromise in the Senate to move this legislation closer to the goal line.  However, news reports this week indicate that another key Senator in this debate has moved back from efforts to push the bill forward. Senator Feinstein (D-Calif.) told a business delegation from California that it was not the right time for this bill due to the current economic times.Supporters of the bill would need all Democratic members to support the bill to pass it. Presumptive Democratic Senator from Minnesota Al Franken has not been seated due to legal challenges, Senator Kennedy has not voted in a few months and Senators Feinstein and Lincoln (D-Ark.) have made public statements about not supporting the bill. AGC remains active in our opposition to the bill and to efforts to find a compromise based on EFCA. Please continue to let your views be known to your Members of Congress by using the AGC Legislative Action Center.

Tonight, the House is expected to consider and pass H.R. 626, the Federal Employees Paid Parental Leave Act.  This legislation would provide federal employees with four weeks of paid leave for the birth or adoption of a child in addition to their existing leave.  In addition, federal employees may opt for twelve weeks of unpaid leave under the Family and Medical Leave Act (FMLA).AGC is concerned that the passage of this bill may set a precedent for Congress to expand the FMLA to mandate paid sick leave on private employees, significantly hindering business owners from crafting their own policies to best fit their workforce.  Recently, Senator Kennedy (D-Mass.) introduced a bill, the Healthy Families Act, that would mandate employers with 15 or more employees to offer seven days of paid sick leave per employee, including part-time workers. The House Education and Labor Committee is expected to hold a hearing on the bill next week.

The federal government has agreed to further delay implementation of the E-Verify rule for federal contractors until June 30. Contracts and solicitations issued prior to September 8, 2009, will not contain the mandate.The Federal Acquisition Regulation (FAR) Council issued the final rule on November 14, 2008, requiring contracting officers to mandate contractor use of E-Verify in solicitations issued and contracts awarded after January 15, 2009. In response to a legal challenge to the rule, the government agreed to suspend the rule until February 20, then extended the decision to May 21, and again until June 30.  The plaintiffs in the lawsuit requested the extension after President Obama's Chief of Staff Rahm Emanuel issued a memorandum directing federal agencies to consider extending by 60 days the effective dates of all regulations already issued but not yet in effect, in order to allow the new Administration a chance to review any "questions of law and policy raised."Click here for a list of Frequently Asked Questions (FAQ's) for Federal Contractors & E-Verify. Visit the AGC Web site for critical components of the final rule.

Efforts to bring comprehensive immigration reform back before Congress recently got a push from some immigrant rights groups in Washington.  The National Immigration Forum released a statement of principles that they hope Congress will use as a guide in this effort.  This comes in advance of a planned White House meeting next week between the president and lawmakers on Capitol Hill. While AGC and other business groups agree with some of the principles laid out by the Forum, there is a great deal of concern about the push by some on the left to create a commission to regulate the future flow of both high and low-skilled foreign workers.  This proposed nine member appointed (not elected) commission would possess the sole authority to set the conditions and the annual limits for visas and green cards as well as entire visa categories. AGC remains a steering committee member of the Essential Worker Immigration Coalition (EWIC) and continues to talk with Congress about the need for workable immigration reform that would include a new future flow visa program to be determined by the needs of the market instead of a random number chosen by an unelected commission.

On June 1, AGC submitted to the Federal Acquisition Regulation (FAR) Councils written comments on a series of interim rules amending the FAR in order to implement several key provisions set forth in the American Recovery and Reinvestment Act of 2009. On a finding of "urgent and compelling reasons," the interim rules were issued without any opportunity for prior public comment.  To read AGC's comments and view copies of the Interim Rules, please visit the following:Recovery Act - Reporting RequirementsRecovery Act - Buy American Requirements for Construction MaterialRecovery Act - GAO/IG AccessIn order to facilitate a dialogue between AGC members, Chapters and the government, AGC set up a special portal located at the AGC Legislative Action Center in order to highlight key issues that needed to be addressed.The Office of Management and Budget (OMB) also issued its own guidance on April 23 establishing government-wide guidance and standard award terms for agencies to include in financial assistance awards (namely, grants, cooperative agreements and loans) as part of their implementation of the Recovery Act. Public comments are due by June 22:Recovery Act - OMB Interim GuidanceAGC is now preparing to submit comments to OMB on behalf of the entire association by the June 22 deadline.

AGC Members Urged to Comment on ARRA RequirementsOn March 31, 2009, the Federal Acquisition Regulation (FAR) Councils issued a series of interim rules amending the FAR in order to implement several key provisions set forth in the American Recovery and Reinvestment Act of 2009. On a finding of "urgent and compelling reasons," the interim rules were issued without any opportunity for prior public comment.  The FAR Councils will, however, take into consideration public comments submitted on or before June 1, 2009 in formulation of the final rule.In order to facilitate a dialogue between AGC members and the government, AGC has set up a special portal located at the AGC Legislative Action Center and highlighted the key issues that must be addressed:Recovery Act - Buy American Requirements for Construction MaterialRecovery Act - Publicizing Contract ActionsRecovery Act - Reporting RequirementsRecovery Act - Whistleblower ProtectionsRecovery Act - GAO/IG AccessThe Office of Management and Budget (OMB) also issued its own guidance on April 23 establishing government-wide guidance and standard award terms for agencies to include in financial assistance awards (namely, grants, cooperative agreements and loans) as part of their implementation of the Recovery Act. Public comments are due by June 22:Recovery Act - OMB Interim GuidanceAGC is preparing to submit comments on behalf of the entire association by the June 1 deadline.

AGC CEO Steve Sandherr met with officials from the Obama Administration's Office of Management and Budget, Department of Labor, Office of Federal Procurement Policy and the Vice President's staff last week to discuss AGC's position on the Government Mandated Labor Agreements (GMLAs). Earlier in the year, the President issued an executive order encouraging agency heads to consider mandating labor agreements on construction projects costing more than $25 million.  During the lengthy meeting, Steve explained the impact of mandated labor agreements on both union and open shop employers.  For example, he noted that while AGC is neutral on project labor agreements when they are voluntarily adopted by a project's owner, he noted that even union shop contractors have their existing labor arrangements undermined when the government imposes GMLAs. The meeting gave AGC an opportunity to explain to senior Administration officials the practical, and negative, effect of mandated labor agreements.  For example, the Administration now understands the problems of having contracting officers with little construction expertise negotiate GMLA's, and they are now checking to see if previous mandated labor agreements have actually resulted in increased efficiencies and economies.  AGC will continue to press this issue with all federal agencies that perform construction work.  A copy of the fact sheet that was presented by AGC is available here.

On May 28, AGC held its second session in its new Federal Contracting: Stimulus at Work webinar series, entitled, The Contract Award Process. The federal market has changed dramatically over the last six months and this program provided participants with the ins and outs of federal contracts and what makes them unique. The webinar also included information on the new Federal subcontract from ConsensusDOCS and the government process in awarding contracts.Due to the changing landscape in federal contracting, it is more important than ever that contractors are aware of rule and regulation updates and the impact of the American Recovery and Reinvestment Act on the federal contracting process.  This webinar series will continue to provide an overview of the existing process and walk attendees through the evolution of federal contracting.Click here to learn more about the webinars below.June 4 - How to Handle Claims and DisputesJune 11- The Recovery Act

The U.S. Environmental Protection Agency (EPA) has issued a di minimus waiver from Buy America requirements contained in American Recovery and Reinvestment Act.  This is the second Buy America issued by EPA; the first national waiver applied to projects under contract before President Obama signed the ARRA.  This nationwide waiver can be applied to materials or components which constitute five percent or less of the total cost of materials incorporated into  a water infrastructure project funded by EPA's Clean Water and Drinking Water State Revolving Loan ( SRF) programs funded by the ARRA. AGC's efforts were critical in educating the EPA about the complexity and components of typical water infrastructure projects, such as treatment plants or pipe replacement and rehabilitation projects. This waiver was deemed to be in the public interest  by the EPA in order to ensure ARRA-funded projects proceed within the timelines established in the legislation to provide jobs and infrastructure investments. AGC applauds EPA's action to avoid project delays and unnecessary liability for AGC members.To view a copy of the 6-page EPA document click here.

AGC Wednesday hosted a meeting with executives and representatives of several building design and construction industry stakeholders at the National Building Museum to discuss recent regulatory and legislative efforts to address greenhouse gas emissions and climate change. The group received a briefing from a representative of the U.S. Chamber of Commerce to update them on the regulatory efforts underway at the U.S. Environmental Protection Agency (EPA) to control greenhouse gas emissions from mobile and stationary sources under the Clean Air Act.  The U.S. Chamber and AGC share a concern that the Clean Air Act would lead to over-regulation of building construction and major renovation and ultimately halt construction. The group also received a briefing on the legislative outlook in Congress, including comments from a staff member of the Senate Environment and Public Works Committee.  The House Energy and Commerce Committee last week approved a bill that aims to reduce U.S. greenhouse gas emissions by 83 percent below 2005 levels by 2050.  The Senate has yet to propose climate change legislation.  AGC will now work to identify areas of consensus among the building design and construction community to influence the debate on Capitol Hill as climate change legislation moves forward.