Counting Lower-Tier Small Businesses Bill Moves to Senate On June 14, the House of Representatives adopted the AGC-supported “Make Every Small Business Count Act of 2013” (H.R. 2232) that would allow prime contractors to count lower-tier small business subcontractors towards their small business goals.  Prior to ultimate passage of the NDAA bill by a 315-108 vote, this AGC-backed legislation was amended into the National Defense Authorization Act of 2014 (NDAA) without objection. Rep. Richard Hanna (R-N.Y.), along with House Transportation and Infrastructure Committee Chairman Bill Shuster (R-Pa.), House Small Business Committee Chairman Sam Graves (R-Mo.), and Reps. Gerry Connolly (D-Va.) and Duncan Hunter (R-Calif.), offered the amendment that included H.R. 2232.

This week, the House Energy and Commerce Committee voted 31-16 to approve H.R. 2218, the “Coal Residuals Reuse and Management Act of 2013,” which was sponsored by Rep. David McKinley (R-W.Va.) and a bipartisan group of representatives. The legislation would prevent the U.S. Environmental Protection Agency (EPA) from regulating coal ash (including fly-ash) as a “hazardous” substance. The legislation would give states broad powers to regulate the disposal of waste from coal combustion as long as they follow minimum federal standards. Earlier this week, AGC sent a letter to the committee urging that the legislation be adopted.

The House Energy and Water Appropriations Subcommittee approved a $30.4 billion energy and water spending bill for FY 2014 after adding a policy rider that would bar the Army Corps of Engineers (USACE) from implementing guidance that clarifies which U.S. waters fall under federal protection via the Clean Water Act (CWA). The guidance, which was proposed in May 2011 and sent to the Office of Management and Budget (OMB) for interagency review and finalization in February 2012, clarified which waters are subject to CWA jurisdiction in response to two U.S. Supreme Court decisions.

On June 12, AGC sent a letter to the U.S. Department of Veterans Affairs (VA) requesting the withdrawal of a decision to procure construction services using an online reverse auction. Specifically, the VA recently issued a solicitation for the “Installation of New 4 Ton Heat Pump at VAMC Murfreesboro” in Tennessee to be procured as a commercial item contract, rather than a construction services contract, using a reverse auction.

AGC-Supported Coalition Sends Letter Opposing this Interpretation Under a new interpretation of regulations by the Occupational Health and Safety Administration (OSHA) in a recent interpretation letter, union officials or community organizers will be allowed to participate in “walk around” OSHA inspections at non-union workplaces. The revision comes in response to a letter from Steve Sallman, Health and Safety Specialist for the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.

Earlier this week, nearly 400 contractors, suppliers and other construction industry partners participated in the 2013 Transportation Construction Coalition (TCC) Fly-In to deliver the message to Congress that MAP-21 needs to be reauthorized on time and the Highway Trust Fund needs to be fixed. TCC members were armed with charts and issue papers which illustrated how – without new revenue on or before Sept. 30, 2014 – highway and transit funding for new projects would plummet in FY 2015 by 92 percent and, in subsequent years, would be significantly reduced. Fly-in participants thanked Congress for passing MAP-21 and including significant reforms in program administration but also pointed out that the job is not done until the Highway Trust Fund solvency is resolved.

AGC recently sent two letters opposing the possible use of project labor agreement (PLA) mandates posted by the U.S. Army Corps of Engineers Baltimore and Vicksburg Districts for the construction of a public health command laboratory in Aberdeen, Md., and the west bank non-federal levee and Wilkinson Pump Station in Plaquemines Parish, La.

For virtually the first time since the 113th Congress began in early January, the House of Representatives now has all 435 seats filled. On Tuesday, Republican state Rep. Jason Smith won the 8th Congressional District special election, easily outpacing his Democratic state House colleague Steve Hodges.  

On Tuesday, New Jersey Gov. Chris Christie (R) decided to call an immediate special election to replace the late Sen. Frank Lautenberg (D).  Holding the special vote gives the Democrats what they wanted – a 2013 election.  Christie made sure the special election – scheduled for October 16, 2013 – for the vacant Senate seat will not conflict with his own re-election. The regular constitutional office election, in which Christie will seek his second term as Governor, will occur just three weeks later on November 5.  

On June 6, the House Armed Services Committee approved its version of the National Defense Authorization Act of 2014 (NDAA) by a 59-2 vote. Despite the U.S. Department of Defense (DOD) and Obama Administration’s call for a new Base Realignment and Closure Commission (BRAC) to save costs, the Committee-approved bill would prevent DOD from spending any fiscal year 2014 funds to modify basing strategy. AGC remains committed to advocating that as the needs of DOD shift after a decade of overseas wars come to a close. DOD facilities should reflect these changing needs to better support America’s troops.