ABC - Legislation and Regulation

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LEGISLATION AND REGULATION

Legislation:

· Budget cuts: Speaker Boehner and Majority Leader Cantor are committed to putting a halt to the expansion of government and out of control spending. They have committed to holding a vote on one measure that cuts spending each week.

· Health Care: The House has already passed a bill fully repealing the Patient Protection and Affordable Health that became law last March, though a Senate vote on a similar measure failed to garner the support required to pass. The Senate and the House may work together to repeal the 1099 reporting form that places a tremendous paperwork burden on small businesses. The Senate passed an amendment repealing the 1099 requirement as part of their consideration of the FAA Reauthorization bill. However, at this time, it is unclear if the underlying FAA bill will pass.

· Tax Reform: The Bush 2001/2003 tax cuts that were extended in December of 2009 are set to expire again in January of 2012. Congress will be working to reform the tax system so those cuts do not expire.

· Regulatory Reform: The REINS Act is legislation that is proposed to require Congress to vote on and approve or disapprove any regulation with an economic impact exceeding $100 million.

Regulation:

The Department of Labor has launched several rulemakings and policy initiatives carried out under “Plan, Prevent, Protect” and “We Can Help” Programs. Below you will find Obama Administration proposed initiatives impacting the construction industry:

· Injury Illness Prevention Program: Referred to as “I2P2” by Occupational Safety and Health Administration (OSHA), this would require all employers, regardless of size, to “find and fix” workplace hazards.

· “Right to Know” under Fair Labor Standards Act: Wage and Hour Division (WHD) plans to require that employers provide workers with information about their employment status, including exactly how their pay is calculated.

· New Form 1099 Requirements: This is a provision in the Patient Protection and Affordable Care Act will significantly increase the amount of paperwork businesses will have to file with the Internal Revenue Service (IRS).

· Three Percent Withholding: Section 511 of the Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA) requires that three percent of payments for goods and services made by federal, state and local governments and their agencies be withheld from government contractors.

· Green House Gas Emissions: Environmental Protection Agency (EPA) regulations to curb greenhouse gas emissions stand to be highly detrimental to job growth in the construction industry. The EPA has moved forward pushing costly and burdensome regulations on business owners.

· NLRB Rulemakings and Decisions: The National Labor Relations Board is now stacked with a pro-labor majority, and has begun to issue formal regulatory proposals. For more information on regulations that affect the construction industry please go to www.abc.org/rulemakings, or you can email regulatory@abc.org.