Association Officials Urge Congress and Biden Administration to Focus on New Infrastructure Funding, Address Rising Materials Prices and Avoid Disruptive Measures like the PRO Act to Stem Sector Job Losses

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. ѻý will continue to track this issue as further details are released.

Includes Significant Funding for Infrastructure with New Federal Strings Attached

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.

ConsensusDocs is pleased to announce that Fox Rothschild LLP has joined as a contributor to the ConsensusDocs Construction Law Newsletter, which is one of the mostly widely distributed and used construction law resources in the industry.

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. ѻý 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