It’s a Big Win for the Surety Industry and Small Business Contractors!
Congress Passed the Annual Defense Spending Bill that Includes a Provision to Remove the Miller Act from Periodic Threshold Increases Based on Inflation.

Third Time’s a Charm! Those who have attended NASBP Legislative Fly-ins over the years know that removing the Miller Act from periodic threshold increases based on inflation has been a legislative priority for the Association for many years. On Wednesday morning, the U.S. Senate, by a vote of 89-10, concurred with the House by passing S. 1605, the bipartisan, bicameral conference report of the National Defense Authorization Act (NDAA) for Fiscal Year 2022 (FY22). On December 7, the House passed S.1605 by a vote of 363-70. A particular provision included in Subtitle G—Small Business Matters, Sec. 861 of the bill, which on its face seems to be innocuous to most, is, however, extremely important to the surety industry and its small business contractor clients.

For three separate congressional cycles, U.S. House Small Business Committee Chairwoman Nydia Velázquez (D-NY-7th) introduced bills to exempt the Miller Act (40 USC §§3131-3134) from periodic inflation adjustments as required by Section 1908 of Title 41. You may recall bills from prior Congresses, H.R. 4486 and H.R. 224. The third time was in this Congress, where she introduced H.R. 2949, a bipartisan bill. Joining Chairwoman Velázquez as an original bill co-sponsor was Representative Byron Donalds (R-FL-19th), who serves on the House Small Business and the Oversight Committee, which has jurisdictional authority over Title 41. Specifically, the Velázquez/Donalds’ amendment is located in Section 861 in Subtitle G of Title VIII. Velázquez is pictured above with, from left, NASBP Director of Government Relations Larry LeClair, Howard Cowan, John Bustard, Bob Shaw, Tracy Tucker, Mark Munekawa, and NASBP CEO Mark McCallum. In the second photo, LeClair is pictured with Velázquez.

NASBP is thankful for all NASBP member support as well as support from other organizations, such as the members of the Construction Industry Procurement Coalition, which delivered a support letter to the Senate/House Armed Services Committee Chairs and Ranking Members earlier this month. Furthermore, NASBP is grateful to Chairwoman Velázquez and her staff for their continued support and to Senator Mazie Hirono (D-HI) and her staff, who worked with NASBP to garner Senate support for the exemption. NASBP will keep everyone informed when the President signs the bill into law. LeClair is pictured here with Hirono. For more info, see NASBP press release.

January 6 NASBP Virtual Seminar–The Band is Back Together to Discuss the Impact of New Infrastructure Legislation

No, it’s not Led Zeppelin but almost as entertaining. Back by popular demand, representatives of four associations in the Construction Industry Procurement Coalition (CIPC) are back for an encore panel discussion to review the recently enacted bipartisan infrastructure bill and its impact on their respective organizations. NASBP Director of Government Relations Larry LeClair will moderate the panel for this NASBP Virtual Seminar held on Thursday, January 6, 2022, at 2 p.m. Eastern.

You may recall these fab four panelists discussed the 2020 general election results. The January 6 panelists include Dana Thompson with the Women Construction Owners & Executives; John “JB” Byrd with the National Society of Professional Surveyors; Mike Oscar with the American Subcontractors Association; and, finally, Jordan Howard with the Associated General Contractors of America. Pictured, clockwise from top left, are Thompson, Byrd, Oscar, LeClair, and Howard. The stage has been set to begin rebuilding our nation’s infrastructure with the recently enacted $1.2 trillion Infrastructure Investment and Jobs Act. Just to whet your appetite, potential topics our fab four panelists might discuss are the contracting opportunities available to their members regarding surface transportation, water, broadband, and minority-owned businesses. The CIPC construction industry lobbyists will be asked to share their thoughts on the second session of the 2021 congressional calendar and perhaps handicap the 2022 midterm congressional races. Don’t miss this opportunity to hear from this panel of experts. Register now for the January 6 panel discussion.