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On Sept. 20, the Biden administration through the U.S. Department of Homeland Security expanded the Temporary Protected Status program for Venezuelan migrants, qualifying an estimated 472,000 Venezuelans for TPS over the next 18 months for individuals who entered the United States before July 31, 2023.

ABC is conducting an important survey of contractor members to gauge opinions and experiences with the Inflation Reduction Act’s prevailing wage and government-registered apprenticeship requirements on clean energy tax credits. Ensuring as many members as possible respond to this survey will be vital to providing effective, informed comments seeking regulatory clarity and pushing back on concerning aspects of a recent Internal Revenue Service proposed rule.

Construction Inclusion Week takes place every October and is an invitation to the construction workforce to unite to advance a sense of belonging for all. ABC has planned four webinars for Oct. 16-20, 2023, with industry professionals and community leaders who are excited to share their knowledge and experience—and help you improve inclusivity in your personal and professional life.

On Sept. 7, the Federal Acquisition Regulatory Council’s final rule on the Use of Project Labor Agreements for Federal Construction Projects, which would mandate anti-competitive and inflationary project labor agreements on large-scale federal construction contracts, arrived at the Office of Management and Budget’s Office of Information and Regulatory Affairs for review. This is the final step before the rule will be published in the Federal Register and take effect.

ABC has prepared a summary of Biden administration regulatory actions of interest to ABC members by agency.

On Aug. 18, the U.S. Small Business Administration announced that it was issuing interim guidance regarding the 8(a) Business Development Program as a result of a court ruling that affects the program’s determination of social disadvantage. According to the SBA’s website, the SBA has temporarily suspended new 8(a) application submissions to comply with the district court’s decision.

On Aug. 30, the U.S. Department of Labor announced a new proposed rulemaking that would alter overtime regulations under the Fair Labor Standards Act. The proposal increases the minimum salary level threshold to $55,068 annually for a full-year worker and automatically updates the threshold every three years.

Despite being litigated for years, the Biden administration’s National Labor Relations Board has revived controversial policy from the Obama era in the form of its Representation-Case Procedures final rule. The direct final rule, issued without notice and the opportunity to comment, essentially restores provisions of the “ambush” election rule of 2014 and rescinds the remaining ABC-supported provisions of the 2019 final rule. The rule will apply to representation petitions filed on or after Dec. 26, 2023, and employers will have less time to respond to representation petitions.

On Aug. 29, the U.S. Treasury Department’s Internal Revenue Service released a proposed rule and FAQs on provisions of the ABC-opposed Inflation Reduction Act, which will affect the developers, contractors and workers that are building clean energy projects eligible for more than $270 billion in federal tax credits.

On Aug. 29, the U.S. Environmental Protection Agency and Army Corps of Engineers issued a final rule and fact sheet regarding amendments to the definition of “waters of the United States” subject to Clean Water Act regulation. This rule is aimed at bringing the January 2023 WOTUS final rule into compliance with the U.S. Supreme Court’s May 25 decision in Sackett v. Environmental Protection Agency.

Associated Builders and Contractors today announced its opposition to the U.S. Department of Labor’s Occupational Safety and Health Administration announcement of a proposed rule, Worker Walkaround Representative Designation Process. The proposed rule would allow an employee to choose a third-party representative, such as an outside union representative, to accompany an OSHA inspector into nonunion facilities.

Despite being litigated for years, the Biden administration’s National Labor Relations Board has revived controversial policy from the Obama era in the form of its Representation-Case Procedures final rule. The direct final rule, issued without notice and the opportunity to comment, essentially restores provisions of the “ambush” election rule of 2014 and rescinds the remaining ABC-supported provisions of the 2019 final rule. The rule will apply to representation petitions filed on or after Dec. 26, 2023.

On Aug. 14, the Office of Management and Budget announced final guidance to revise OMB’s Guidance for Grants and Agreements. This guidance defines the rules for federal agencies as they distribute funding through grant programs and other financial assistance. The revisions would aid implementation of the Build America, Buy America Act provisions of the Infrastructure Investment and Jobs Act. This guidance finalizes a proposal issued by the OMB on Feb. 9.  

On Aug. 8, the U.S. Department of Labor issued its final rule, Updating Davis-Bacon and Related Acts

On Aug. 2, the National Labor Relations Board issued a decision in Stericycle Inc., which overruled Boeing and adopted a new legal standard for evaluating employer work rules challenged as f

The Federal Acquisition Regulatory Council plans to issue a proposed rule on Aug. 3, 2023, that would establish new requirements for “sustainable procurement” in federal contracting. The proposal complies with Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, signed by Pr

ABC has prepared a summary of Biden administration regulatory actions of interest to ABC members by agency. 

On July 31, the Council on Environmental Quality released a proposed rule to implement Phase 2 of revisions to the National Environmental Policy Act implementing regulations. The proposal makes wide-ranging changes to the rules for federal agencies conducting the environmental review and permitting process.

On July 26, the U.S. House of Representatives passed S.J. Res. 24, a Congressional Review Act resolution on the Endangered Species Status for Northern Long-Eared Bat with a bipartisan vote of 220-209. The passage of S.J. Res. 24 would, if enacted, prevent the ABC-opposed U.S. Department of Interior&a

On July 26, ABC Senior Director of Legislative Affairs Peter Comstock participated in a roundtable hosted by the U.S. House of Representatives’ Education and the Workforce Committee Chairwoman Virginia Foxx, R-N.C. The roundtable focused on the reauthorization of the Workforce Innovation and Opportunity Act and policies to better connect job creators and small businesses with job seekers.

On July 18, Rep. Lloyd Smucker, R-Pa., introduced the Main Street Tax Certainty Act, H.R. 4721, legislation which would make permanent the current 20% deduction for small and family-owned businesses, provided through Section 199A of the Tax Cuts and Jobs Act of 2017. This bipartisan proposal is co-sponsored by 99 U.S. representatives, including two Democrats, and has the support of all Republican members of the U.S. House Ways and Means Committee.

On July 28, the U.S. Department of Labor’s Office of Labor-Management Standards published its final revision to the Form LM-10 Employer Report, which adds a checkbox to the Form LM-10 report requiring certain reporting entities to indicate whether such entities were federal contractors or subcontractors in their prior fiscal year, and two lines for entry of filers’ unique entity identifier and federal contracting agency or agencies, if applicable. &

On July 27, President Joe Biden announced a series of actions aimed at protecting workers from the impact of extreme heat, including asking the U.S. Department of Labor to issue a first-ever hazard alert for heat.

On July 21, the U.S. Department of Labor’s Occupational Safety and Health Administration issued its Improve Tracking of Workplace Injuries and Illnesses final rule, which will undo the ABC-supported provisions of the 2019 final rule promulgated under the Trump adm

On July 13, 2023, the U.S Department of Labor launched its “High Road to the Middle Class” map, highlighting existing workforce development programs that meet certain criteria to be designated by the DOL as “high road training programs.”