AGC's Construction Legislative Week in Review - 11/17/2016 (Plain Text Version)

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AGC Urges Congress to Repeal Obama Regulations

Existing Law Allows Congress to Roll Back Midnight Regs

This week, AGC strongly urged Congress to repeal a host of unnecessary, costly and burdensome Obama administration regulations under the Congressional Review Act (CRA).  The regulations that Congress could possibly roll back under the CRA include: implementing regulations for both the Fair Pay and Safe Workplaces Executive Order and the Paid Sick Leave Executive Order; the Occupational Safety and Health Administration’s Electronic Injury and Illnesses Recordkeeping Rule—for which OSHA recently recalibrated its controversial drug testing position—and the Equal Employment Opportunity Commission’s revised EEO-1 Report, which would expand pay data reporting requirements.

The CRA enables Congress to overturn a federal agency rule, guidance or general policy statements—with simple majorities in both the House and Senate—issued within 60 legislative days. Based on past history, such agency actions potentially ripe for CRA repeal for the new Republican Congress and president would have to have been finalized sometime in May 2016. The regulations AGC put forth fit those and other parameters under the CRA. Although the new overtime rule—which doubles the overtime salary threshold for Fair Labor Standards Act exempt employees—falls within the May 2016 timeline, the CRA specifically excludes rules that address wages from congressional repeal consideration. It should also be noted that the CRA has only been effectively used once since its enactment in 1996.

The CRA is a more powerful and effective tool for, essentially, permanently eliminating these Executive Branch actions than President-elect Trump simply rescinding those executive orders and using the regulatory process to unwind the regulations.  Under the CRA, a federal agency cannot reissue the rule that has been repealed unless Congress passes and the president signs into law provisions authorizing the disapproved rule. As a result, a new president and administration cannot merely issue a new rule later.  

There are still many pending Obama regulations that may go final between now and Inauguration Day. AGC has been in close contact with Republican congressional leadership and committee leadership to inform them not only of the aforementioned regulations, but also about what is on deck for CRA repeal considerations.

For more information, contact Jimmy Christianson at or 703-837-5325. 

The Regulatory Road Ahead

An AGC Road Map for Federal Regulations

To help construction contractors better understand the regulatory state of play during the presidential transition period, AGC has put forth a document entitled “The Regulatory Road Ahead.”  A number of regulations—from the overtime rule to paid sick leave—go into effect before Inauguration Day. Some of them could be repealed in 2017. And, new regulations may yet come. The reality is that AGC contractors must remember to comply with the law and not rely on campaign promises. This document will help AGC members better understand the lay of the regulatory land from now to January 20 and beyond.

For more information, contact Jimmy Christianson at or 703-837-5325.  [return to top]

AGC CEO Addresses Highway Users Annual Meeting

This week, AGC CEO Steve Sandherr addressed the annual meeting of the America’s Highway Users Alliance where he and the National Association of Manufacturers CEO Jay Timmons discussed the opportunities and challenges for a major infrastructure deal in 2017.   Sandherr stressed that President –Elect Trump and the new Congress need to include in any infrastructure plan a real solution that addresses the long-term solvency of the Highway Trust Fund.  

Last month, AGC was joined by over 30 organizations in sending a letter to both presidential campaigns pledging our commitment to work with them to ensure any new infrastructure investments has the greatest impact on our nation’s economy and transportation network.  Now that the election is over, AGC will work with the incoming administration and Congress as they formulate any new major infrastructure plans.

For more information, please contact Sean O’Neill at or (202) 547-8892. [return to top]

Register Now for the 2017 Federal Contractors Conference

Save $50 on Registration Fee

Register today for the 2017 AGC Federal Contractors Conference (FEDCON) and save $50 off the registration fee. FEDCON is the premier conference for federal construction contractors to discuss the latest projects, policies and contracting issues facing the industry with federal agencies, including the U.S. Army Corps of Engineers, Naval Facility Engineering Command, Air Force Civil Engineer Center, General Services Administration, Department of Veterans Affairs, Department of State, Natural Resources Conservation Service, and Bureau of Reclamation.

In addition to substantive discussions and presentations with federal agencies, attendees will hear from legal experts about the latest federal regulations that will impact their businesses and may have the opportunity to continue a dialogue with federal agencies after the conference. Leading federal construction attorneys will address executive orders, Small Business Administration and Federal Acquisition Regulation rules, and case law trends your company needs to know to work in the federal market. And, when the conference concludes, AGC member attendees will have the opportunity to participate in ongoing dialogue and meetings with agency headquarters later in the year.

For more information and to register, go to [return to top]

Webinar: Cybersecurity Federal Construction Perspective

Tuesday, Dec. 6 | 2:30pm 3:30pm EST

Register Today. This session is a focus on the contractors whose business focuses on federal work. Federal agencies are mandating minimum cybersecurity requirements for companies that do business with the federal government. This presentation will give an overview of the new cybersecurity requirements for contractors who contract with the Department of Defense and other federal agencies, highlight the FAR provisions that give this new rule teeth, and explore the potential impacts of compliance failure for federal contractors. Additionally, this presentation will discuss the many mechanisms which can assist organizations in becoming compliant.

Please join AGC’s Associate Director of the Federal and Heavy Construction Division Jordan Howard, SureID’s Greg Russell, and Axiad IDS’ Bassam Al-Khalidi for an overview on:

  • Basic components and understanding of the final rule
  • Potential impact to current and future federal contractors
  • The steps federal contractors need to take to become compliant

Click here for more info or to register now at the AGC-member price of $79 or the non-member price of $99.

For more information, contact Jordan Howard at Jordan.Howard@agc.orgor (703) 837-5368. Any questions or changes to your registration should be made via email to [return to top]