House Democrats unveiled their long-awaited plan to revive earmarks – or “congressionally directed spending” as they are rebranded. The plan would allow members of Congress to direct money in the annual spending bills that would benefit specific projects in their district. The ban on this practice had resulted in this spending authority being ceded to the U.S. Department of Transportation (U.S. DOT) through discretionary grants. Following that announcement, House Transportation and Infrastructure Committee Chairman Peter DeFazio noted that earmarks would be included in the upcoming surface transportation bill and that additional details would be coming later this month. The Senate is separately working out a plan to restore earmarks however the path forward is less clear. AGC will continue to track this issue as further details are released.

The Senate is currently considering the latest COVID relief bill, which includes a new round of multiemployer pension relief. The bill would create a Special Financial Assistance Program for struggling multiemployer pension plans. Under the Special Financial Assistance Program eligible plans include critical and declining plans, some critical plans and a few endangered plans would receive a one-time lump sum payment that is equal to the amount of funding needed to pay benefits through 2051 (30 years). The proposal does not include any concept of repayment for this assistance.

In response to a directive from President Biden, the U.S. Department of Labor (DOL) issued guidance to state unemployment insurance agencies that expands the number of instances in which workers may be eligible for Pandemic Unemployment Assistance (PUA). These newly eligible workers self-certify that they refused to work or accept an offer of work at a worksite not in compliance with coronavirus health and safety standards, with states being responsible for investigating and accepting or denying claims.

On February 27, the U.S. House passed President Biden’s $1.9T COVID-relief bill by a 219-212 vote, mostly along party lines. The measure is now soon to be considered by the Senate. On the infrastructure front, the package would provide: $30 billion to public transit programs, $8 billion to airports and $1.5 billion to Amtrak. The vast majority of those funds would go to maintaining existing operations, not capital construction. The measure would also provide $350 billion for state and local governments.

The U.S. Department of Interior has proposed to delay the effective date of the Trump Administration’s final rule to decriminalize incidental take (accidental harm) under the Migratory Bird Treaty Act (MBTA) finalized in January. AGC supports the Trump Administration's rule as it provides clarity and relief for industry and private citizens from prosecution for engaging in lawful actions that may result in the accidental injuring or killing of a migratory bird.
Agency Should Consider Science, Experience and Practical, Industry-Specific Approaches

Would Prohibit Government-Mandated PLAs on Federal & Federal-Aid Projects

Offering Undocumented Immigrants a Path to Legal Status Will Put an End to Unfair Competition and Labor Exploitation, But Bill Fails to Create a Construction Worker Visa Program, Has Other Flaws

National Association will Use Results to Push for Additional Relief Measures