Construction Legislative Week in Review
www.agc.org August 23, 2012
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On the Inside
BUDGET
Fiscal Cliff Likely to Cause Recession, CBO Cautions
SAFETY
AGC Contractors Convey Concerns with Corpsí Safety Manual Revision
FEDERAL CONTRACTING
Free Webinar on New Federal Contractors Executive Compensation & Subcontractor Awards Final Rule
TRANSPORTATION
Obama Administration Makes $473 Million in Earmark Funding Available
AGC EVENTS
Register Now and Save for the 16th Annual AGC/CFMA Construction Financial Management Conference
Register Now for the Highway and Utilities Contractors Issues Conference
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BUDGET
Fiscal Cliff Likely to Cause Recession, CBO Cautions
 

Yesterday, the Congressional Budget Office (CBO) released its annual August update of its Economic and Budget Outlook.  A copy of the report can be found here

The report provides different scenarios for the non-defense discretionary spending total and its annual growth rate.  One scenario projects a recession that would raise the unemployment rate to 9 percent in 2013 if Congress fails to reach an end-of-the-year deal to prevent the tax increases and across-the-board spending cuts known as sequestration  that comprise the fiscal cliff.  Another scenario assumes Congress enacts legislation to avoid the fiscal cliff by the end of this year, where the economy will continue to grow, albeit slowly with unemployment remaining largely unchanged. However, the federal deficit for 2013 would again reach over $1 trillion instead of the $641 billion estimated in the event of a fiscal cliff.

Congress has tough decisions to make when it comes to our short term and long term economic health. Federal construction programs remain at risk for facing budget cuts in the coming years. AGC will continue to work with Congress to maintain federal investment in construction.

For more information, please contact Sean O’Neill at (202) 547-8892 or oneills@agc.org. Return to Top

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SAFETY
AGC Contractors Convey Concerns with Corpsí Safety Manual Revision
 

AGC members from across the country met with the U.S. Army Corps of Engineers (USACE) to convey the construction industry’s concerns with the EM 385-1-1, 2008 safety manual revision. AGC contractors, along with members of the Dredging Contractors of America and the Council for Dredging and Marine Construction Safety, went section by section through the first draft revision manual with USACE safety representatives.

USCAE recently revised the schedule for the revision to allow more time for comments from the industry. First draft safety manual revision comments are due Sept. 1. The second draft will be published on Nov. 5. To review the first draft and comment, click here.

AGC will hold a second draft revision meeting to discuss contractor concerns later this year and will alert members when more details are available.

For more information, please contact Kevin Cannon at (703) 837-5410 or cannonk@agc.org or Jimmy Christianson at 703-837-5325 or christiansonj@agc.org. Return to Top

FEDERAL CONTRACTING
Free Webinar on New Federal Contractors Executive Compensation & Subcontractor Awards Final Rule
 

AGC will hold a free webinar on August 28 from 2:00 PM to 3:00 PM EDT to educate federal contractors about a final executive compensation and subcontractor award rule that is going intoeffect on August 27. Mr. Edward DeLisle, a partner in the construction and federal contracting groups of Cohen Seglias Pallas Greenhall & Furman PC, will discuss the rule’s scope and how federal contractors can comply with the new rule. To RSVP for the webinar, click here.

The new rule promulgated by the Federal Acquisition Regulation Council burdens prime contractors with reporting not only their top five paid executives, but also their first-tier subcontractor’s top five paid executives when the subcontract has a value of $25,000 or more. A prime contractor must report this informationto its first-tier subcontractor when either contractor received at least 80 percent or $25 million or more of its annual gross revenues from federal contracts in the previous calendar year. Executive compensation need not be reported if the public has access to the information through certain periodic reports filed under the Securities Exchange Act of 1934 or the Internal RevenueCode.

When the FAR Council first solicited comments on the interim rule in 2010, AGC expressed its grave concerns with its burden on federal contractors. Among those concerns, AGC noted that many small business contractors lack the infrastructure to track such information and that primes should not be responsible for reporting subcontractor information. In the comments to the final rule, the FAR Council admits the financial burden and further clarified the definition of “first-tier subcontractor.” However, the Council did not alter the prime’s duty to report the subcontractor information, stating that “[t]he Federal Governmenthas no privity of contract with subcontractors and is therefore reluctant to establish communication channels that could potentially be construed ascreating a contractual relationship.”

To attend this informational, free webinar on the rule, click here.

For moreinformation, contact Jimmy Christianson at 703-837-5325 or christiansonj@agc.org. Return to Top

TRANSPORTATION
Obama Administration Makes $473 Million in Earmark Funding Available
 

The Obama Administration is making over $473 million in highway funds available for states to use immediately. The funds come from unspent earmarks that were included in the Department of Transportation’s appropriations legislation for fiscal years 2003-2006. The unused earmarked funds will go to the states originally designated to receive the funds. Every state except Wyoming has such unused funds. Click here to view the chart showing the available funding. States must identify the projects they will fund by Oct. 1 and obligate them by Dec. 31. Any funds not obligated by the end of the year will be redistributed in FY 2013 to states that did meet the deadline.

The Administration acted under authority granted in the specific appropriations bill, which allows the Transportation Secretary to make the unused funds available for eligible surface transportation projects, including highway, transit, passenger rail or port projects. In making the announcement, President Obama offered that, by making use of these idle funds, the effort to create jobs is furthered.

For more information, please contact Brian Deery at (703) 837-5319 or deeryb@agc.org. Return to Top

AGC EVENTS
Register Now and Save for the 16th Annual AGC/CFMA Construction Financial Management Conference
 

Jointly sponsored by AGC and the Construction Financial Management Association (CFMA), the 16th Annual AGC/CFMA Construction Financial Management Conference  will be held Oct. 24-26 at Caesars Palace in Las Vegas, Nev. This three-day conference offers programs and workshops designed specifically for financial professionals in the construction industry. The 36 interactive sessions will cover the latest industry issues and their financial implications.

Register by Friday, Sept. 7, 2012, for special “Early Bird” discounts.  Additional discounts are available for subsequent registrations from the same firm.  Register now and save up to $210 – or 25 percent – off the standard registration fee. Participants may earn up to 19 continuing professional education (CPE) credits. 

Register online at www.agc.org/AGC_CFMA.

For more information, please contact Brynn Tupper at (703) 837-5376 or tupperb@agc.org. Return to Top

Register Now for the Highway and Utilities Contractors Issues Conference
 

The 2012 Highway and Utilities Contractors Issues Conference will be held Nov. 1-3, 2012, at the Miramonte Resort and Spa in Indian Wells, Calif.

The conference will focus on new technologies, the elections and their impact on the construction industry, Congress and its impact on utility and transportation funding, and environmental and other regulatory developments.

To register for the conference, please click here.

For more information please contact Brian Deery at (703) 837-5319 or deeryb@agc.org or Scott Berry at (703) 837-5321 or berrys@agc.org. Return to Top

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