An independent review board commissioned by the Department of State (DOS) recently reported that, in light of the Benghazi attacks, DOS facility upgrades must be addressed with additional funding (access report by clicking here).  Among its recommendations, the board recommends that “the State Department work with Congress to restore the Capital Security Cost Sharing Program . . . to approximately $2.2 billion in fiscal year 2015, including an up to ten-year program addressing that need, prioritized for construction of new facilities in high risk, high threat areas.”

Shortly after midnight on Jan. 1, the Senate swiftly passed – by a vote of 89-8 – the American Taxpayer Relief Act of 2012 to avert the fiscal cliff. However, when the action turned to the House, drama ensued as many members of the Republican Party tried the equivalent of a legislative “mulligan.”   More than 21 hours after the Senate passed the bill, House Democrats were able to provide enough votes to pass the bill unamended, 257-167. Out of the 167 dissenting votes, 151 were Republicans who wanted a better deal.   This morning, President Obama signed the legislation into law.

Following passage of the bill to avert the fiscal cliff in the House, Speaker John Boehner (R-Ohio) decided not to take up the supplemental appropriations bill for Hurricane Sandy relief.  The move caught members of Congress from the Northeast by surprise, considering they had been told that the House would take up the legislation before the 112th Congress adjourned.

The passing of venerable Senator Dan Inouye (D-HI) has brought yet another vacancy to the Senate.  Mr. Inouye, first elected to Congress as Hawaii's original member of the House of Representatives in 1959, won his first Senatorial term in 1962.  He served in this post up until yesterday.  He was the Senate’s most senior Senator and also the second-longest serving Senator after the late Robert Byrd.  Inouye was a Medal of Honor recipient and the highest-ranking Asian American in U.S. politics. 

In South Carolina, surprising many who believed Gov. Nikki Haley (R) would act after the first of the year, announced that she will appoint Rep. Tim Scott (R-SC-1) to replace outgoing Sen. Jim DeMint (R).  Though it was widely reported that Haley was working from a list of five possible appointment candidates, it was viewed that the choice was really between Scott and former First Lady Jenny Sanford. 

On Jan. 4, AGC will host a meeting during which AGC members will provide their comments on the second draft of the EM-385 revision (Corps Safety Manual). The meeting will begin at 9:00 a.m. ET and likely end in the late afternoon. After AGC members discuss their comments to the draft, members will voice their concerns to representatives from both USACE and NAVFAC.

On Dec. 19, AGC sent two letters opposing government-mandated project labor (PLA) inquiries posted by the U.S. Army Corps of Engineers. The USACE Wilmington District sought industry comments on two possible PLAs for projects at Fort Bragg, N.C. The jobs are for the construction of two battalion headquarters and company operations facilities.

Comments are due by Dec. 24, 2012, on the U.S. Department of Transportation’s (DOT) proposal to make significant changes in its Disadvantaged Business Enterprise (DBE) rules. The Notice of Proposed Rulemaking (NPRM), issued on September 6, 2012, suggests a series of changes in the bidding process, including requiring contractors to submit a list of DBEs that will be used on a project with their bid.

While acknowledging that there is no time left in the 112th Congress to address new legislation, Rep. Earl Blumenauer (D- Ore.), nevertheless, offered legislation last week that would examine a new way to provide revenue for the Highway Trust Fund. The bill directs the Treasury Department to study the viability of mileage-based user fee to replace the federal motor fuels tax.

Following several procedural maneuvers on the Senate floor, consideration of the supplemental appropriation bill for Hurricane Sandy relief and recovery efforts continues.  Under Senate rules, the next step would be a cloture vote to continue debate on the bill.  The cloture vote would require 60 votes to pass.  However, there is no guarantee that a cloture vote will occur.