The U.S. Senate Judiciary Committee began considering the much discussed Senate “Gang of 8” immigration bill – The Border Security, Economic Opportunity, and Immigration Modernization Act. The committee process will allow for the opportunity for greater input and modifications. The current bill addresses many AGC priorities by giving employers certainty that they have complied with the law and certainty that they have received authentic documentation from newly hired employees. The bill also eliminates the patchwork of local immigration laws and provides new avenues for legal immigration by creating a legal status for undocumented workers currently in the United States. The bill would require employers use E-Verify, comply with and retain records of the verification process, and prohibit employers from “knowingly” hiring an undocumented worker.  The bill also includes a temporary worker program; unfortunately, the program places unique restrictions on the construction industry that prevent construction from fully utilizing the future temporary worker visa program.

On May 6, the Joint Committee on Taxation (JCT) published a report in response to the work conducted by the 11 Ways and Means (W&M) Committee Tax Reform Working Groups. The mission of each working group was to review current law in its designated area, research relevant issues, and compile related feedback from stakeholders, academics and think tanks, practitioners, the general public, and colleagues in the House of Representatives.

On May 15, the Ways and Means Subcommittee on Select Revenue Measures (SRM) will hold a hearing on the small business and pass-through entity tax reform discussion draft released on March 12, 2013, by Ways and Means Committee Chairman Dave Camp (R-Mich.). The committee released the discussion draft to solicit feedback on the details of the draft proposals, which the committee intends to include as part of comprehensive tax reform legislation that broadens the tax base, lowers tax rates, and simplifies the tax code for households, small businesses, and corporations.

On May 9, Senate Finance Chairman Max Baucus (D-Mont.) and House Ways and Means Chairman Dave Camp (R-Mich.) launched a website and a Twitter handle aimed at inviting taxpayers to offer comments and complaints about how to change the tax code. Developed in partnership with the Joint Committee on Taxation (JCT), TaxReform.gov will serve as a platform for the American public to weigh in on tax reform. The website highlights the work already underway including the 50 combined hearings between the two committees, as well as the discussion drafts and policy papers that have been released.

On May 9, the House of Representatives passed H.R. 807, the “Full Faith and Credit Act” by a 221-207 vote.  In the event the debt of the U.S. government reaches the statutory debt limit, H.R. 807 would allow the Treasury Secretary to issue debt to the extent necessary to pay principal and interest on certain obligations as outlined in the bill, such as borrowing for debt obligations and Social Security. In other words, it does not raise the debt ceiling, but instead would provide clarity about what was to be done when the Treasury Department hit the limit.

Projects in Alabama, Florida, Louisiana, Mississippi and Texas On May 6, the National Oceanic and Atmospheric Administration (NOAA) identified nearly $600 million in environmental restoration projects in Alabama, Florida, Louisiana, Mississippi and Texas to help address the damage of the 2010 BP Deepwater Horizon oil spill. While this development represents significant construction investment, it is important to note that these identified projects are not yet at the solicitation phase, but rather still face a period of public comment and environmental review before becoming “street ready.”

On May 8, the House passed the Working Families Flexibility Act of 2013 (H.R. 1406), which would allow private-sector employers the option to offer workers the choice of paid-time-off or “comp time”, in lieu of compensation, for overtime hours worked in a workweek.  The bill passed 223-204, mostly along party lines, with Republicans supporting the bill and Democrats opposing.

On May 9, AGC sent a letter opposing the possible use of a project labor agreement (PLA) mandate posted by the U.S. Army Corps of Engineers Baltimore District for the construction of a conference center and dormitories for the U.S. Customs & Border Protection's advanced training center in Harpers Ferry, W. Va.

Seemingly against all odds, former Governor Mark Sanford (R-S.C.) successfully re-claimed his former congressional seat with a stunning 54-45 percent victory over Democrat Elizabeth Colbert Busch on Tuesday night in South Carolina. The race drew major national attention because of Mr. Sanford's highly publicized extra-marital affair and alleged violation of his divorce agreement, along with the Democratic nominee being the sister of Comedy Central television personality Stephen Colbert. Ms. Colbert Busch's inability to dodge the liberal label, however, proved to be her undoing in this conservative Charleston-anchored 1st Congressional District.

In another victory for the AGC-supported Coalition for a Democratic Workplace (CDW), the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) has invalidated a regulation by the National Labor Relations Board (NLRB) that required most private-sector employers to post designated notices informing employees of certain rights under the National Labor Relations Act (NLRA), including the right to organize.  As previously reported, the Board published the controversial final rule in August 2011 but put implementation on hold after the DC Circuit issued a temporary injunction on the rule.  The court has now permanently enjoined the rule.  The CDW was a co-plaintiff in the case, the National Association of Manufacturers v. NLRB (D.C. Cir., 5/7/13).