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IIJA Buy America Rules Now in Effect; DOT Proposes New Waivers

The U.S. Department of Transportation recently announced the expiration on Nov. 10 of a general waiver to Buy America requirements imposed by the Infrastructure Investment and Jobs Act. With this expiration, the IIJA’s expanded Buy America requirements READ MORE
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Regulations

ABC Urges DOL to Withdraw Rule on Nondisplacement of Qualified Workers Under Service Contracts

On Aug. 15, ABC submitted comments to the U.S. Department of Labor identifying a number of concerns with its proposed rule on Nondisplacement of Qualified Workers Under Service Contracts, which would implement Executive Order 14055. Issued on Nov. 18, 2021, by President Biden, the EO requires that federal agencies include a clause about nondisplacement of workers in solicitations and contracts for projects covered by the McNamara-O’Hara Service Contract Act of 1965. The required clause states that successor contractors and subcontractors who win a bid for covered work must offer qualified employees employed under the predecessor contract a right of first refusal of employment under the successor contract.

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ABC Supports Proposed Buy America Waivers

On Aug. 15, ABC submitted comments to the U.S. Environmental Protection Agency in support of its proposed Small Projects and De Minimis General Applicability Waivers for Buy America requirements.

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ABC Supports Resolution to Preserve Critical Permitting Reforms

On Aug. 2, ABC issued a statement of support for S.J.Res.55, a Congressional Review Act resolution introduced by Sen. Dan Sullivan, R-Alaska, to overturn the Biden administration’s final rule revising National Environmental Policy Act regulations. The new Biden rule reverses efforts by the Trump administration to update and streamline the federal environmental review and permitting process, leading to delays and increased costs for critical infrastructure projects.

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DOT Issues Proposed Rule Revising Disadvantaged Business Program

On July 21, the U.S. Department of Transportation published a proposed rule to update its Disadvantaged Business Enterprise program, which assists small businesses owned by socially and economically disadvantaged individuals in competing for DOT contracts. The stated purpose of the proposed rule is to modernize and strengthen the DBE program to ensure qualifying businesses are able to compete for the increased federal transportation funding provided by the Infrastructure Investment and Jobs Act.

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DOT Requests Feedback on Buy America Implementation

On July 28 , the U.S. Department of Transportation published a request for information on how new “Buy America” requirements for construction materials on federally assisted projects should be implemented. Enacted in November 2021, the $1.2 trillion Infrastructure Investment and Jobs Act expanded and made significant changes to Buy America requirements for federally funded infrastructure projects.

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ABC Meets With OMB and DOL Staff to Express Concerns About Independent Contractor Proposal

The U.S. Department of Labor’s Wage and Hour Division’s proposed rule on independent contractors under the Fair Labor Standards Act is currently under review at the Office of Information and Regulatory Affairs at the Office of Management and Budget and the content of the proposal has not been made public. The review at OIRA is usually the final step in the process before a rule is officially published in the Federal Register.

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ABC Expresses Concerns to DOL About H-2B Visa Rule Requiring AFL-CIO Notification

On July 18, ABC submitted comments on the U.S. Department of Labor and U.S. Department of Homeland Security’s temporary rule on H-2B visas, authorizing 35,000 supplemental temporary work visas for hiring through Sept. 30.

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OSHA Updates Heat Illness, Mental Health, Trench Compliance Resources

On July 13, the U.S. Department of Labor’s Occupational Safety and Health Administration issued its quarterly update on compliance assistance resources. 

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ABC Urges OSHA to Withdraw Its Improve Tracking of Workplace Injuries and Illnesses Proposal

On June 30, ABC submitted comments on the U.S. Department of Labor’s Occupational Safety and Health Administration’s proposed amendments to its occupational injury and illness recordkeeping regulation and urged the agency to withdraw the harmful rule.

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Biden Administration Releases Spring 2022 Regulatory Agenda

On June 21, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish this year and into 2023. ABC has prepared a summary of the actions of interest to ABC members by agency. 

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