NASBP Focal Point – March 11, 2021

On Wednesday, Congress passed H.R. 1319, the American Rescue Plan Act of 2021, President Biden’s $1.9 trillion COIVD relief package, on a strictly partisan, e.g. only requiring a simple majority for passage via budget reconciliation. The president is expected to sign the bill on Friday.

What does this mean for other major policy initiatives, such as an infrastructure spending package? The Administration has repeatedly said they want to work in a bipartisan manner. However, House and Senate progressive Democrats’ patience seem to be wearing thin, especially when it comes to the Senate filibuster rule. Progressives were not happy that an increase to the federal minimum wage law was not included in the COVID relief package. Furthermore, legislation supported by House progressives Democrats in the last Congress – such as expanding background checks for gun purchases, reforming voter election laws, and overhauling labor law practices – all appear to be headed for defeat again because they lack the support of 60 senators needed to avoid a filibuster.

Two key Senate Democrats, Kristen Sinema (D-AZ) and Joe Manchin (D-WV), seem committed to keeping the 60 vote filibuster, but Senator Manchin did indicate during last week’s Sunday talk shows that he would like the filibuster process to become more painful by floating the idea of requiring a senator to give speeches why he/she wants to prevent legislation from advancing. According to the Senator, “If you want to make it a little bit more painful, make him (or her) stand there and talk, I’m willing to look at any way we can. But I’m not willing to take away the involvement of the minority.”

Meanwhile, House Transportation & Infrastructure (T&I) Committee Chairman Peter DeFazio (D-OR-4^th) announced earlier this month a new process (aka earmarks) for members of Congress to submit their plans for highways and transit projects to allow more direct member engagement on critical infrastructure projects that are consistent with state and local infrastructure plans. On April 14, the House T&I Committee will host a “Member Day” hearing dedicated to transportation priorities of members of Congress. The Chairman expects to markup H.R. 2 , “Investing in a New Vision for the Environment and Surface Transportation in America Act” by mid-May. Next week, the House T&I Committee plans to hold hearings dedicated to Climate Solutions and Building Smarter: The Benefits of Investing in Resilience and Mitigation.

Yesterday, NASBP issued a press release announcing legislation will be introduced in both chambers to direct the U.S. Department of Transportation to ensure public-private partnership (P3) projects using Transportation Infrastructure Finance Innovation Act (TIFIA) financing have appropriate payment and performance security in place, making them sound federal investments. “The [Act] is critical, bipartisan legislation to ensure that federal funding for infrastructure is protected through guarantees of performance and payment,” said Mark McCallum, Chief Executive Officer of NASBP. “Such protections make sure that these vital and complex projects can be undertaken and completed by qualified construction firms, without undue risk to taxpayer funds and the businesses who perform as subcontractors and suppliers. The NASBP strongly urges support for the [Act] from all who seek to improve and advance the Nation’s infrastructure and extends its appreciation to Senator Chris Van Hollen for his insightful leadership on this issue,” he said.

Last Chance to Register: NASBP Virtual Fly-In

On Thursday, March 25, NASBP and SFAA will hold their first joint Legislative Fly-In. Due to COVID-19, the fly-in will be held virtually. So, while there will be no need to travel in order to participate, registration is required. If you haven’t participated in a fly-in in the past, take this opportunity to make March 25 your first fly-in! Direct any questions to Larry LeClair, NASBP’s Director of Government Relations, and register today!

Colorado Senate Bill 169

CO S.169 (Buckner) Prohibits an insurer from considering an individual’s race, color, national or ethnic origin, religion, sex, sexual orientation, disability, or transgender status in any insurance practice; or directly or indirectly using any external consumer data and information source, algorithm, or predictive model (external data source) that unfairly discriminates against an individual based on an individual’s race, color, national or ethnic origin, religion, sex, sexual orientation, disability, or transgender status. S.169 was assigned to the Committee on Business, Labor & Technology.

MA HD.3318 (Rogers) Amends the Massachusetts Little Miller Act to allow Subcontractor Default Insurance in lieu of statutorily-required subcontract performance and payment bonds. Subcontractors must submit payment and performance bonds to the CM@R at no additional cost to the firm or awarding agency.