The fate of federal spending legislation, dubbed the Build Back Better Act, is in doubt after Sen. Joe Manchin (D-W.Va.) publicly announced his opposition on Dec. 19. In its current version, the bill could result in added financial incentives for contractors, while imposing potential costs in the form of new penalties and fines.

在参议院平均分配的情况下,曼钦的投票以及其他所有民主党人都需要通过17.5亿美元的法案,现在正在和解进程中,

该法案的当前版本可能没有像书面形式获得足够的支持,但民主领导层尚未准备好宣布其灭亡。参议院多数党领袖查克·舒默(Chuck Schumer)表示:“我们将对由房屋所经营的Build Back Back Back Act的修订版进行投票,我们将继续投票,直到我们完成某件事为止。”

"I still think there’s a possibility of getting Build Back Better done," President Joe Biden said in a Dec. 21 news briefing.

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What does and does not make it into future bill versions is a mystery, but any provision opposed by Manchin is likely to be cut, says Peter Comstock, Associated Builders and Contractors senior director. “For [Senate Democrats] to get anything done, it will have to be on Manchin’s terms,” he says. “Whether or not progressives and the White House can go along remains to be seen, but that’s what is needed if they are to rescue the president’s major priority for next year.”

One provision Manchin has openly opposed is family medical leave, which would potentially affect many construction employers, if enacted. He has largely expressed concern over costs impacts on taxpayers, but some industry groups are concerned over costs employers may incur.

“首次提出的违反某些劳工法的民事处罚与现有的罚款结构非常不合时宜。”
- AGC高级总监James Young

James Young, an Associated General Contractors senior director, says one provision could add, for the first time, civil monetary penalties for violations of the National Labor Relations Act—$50,000 per occurrence, and up to $100,000 if repeated.

他说,这与现有的劳动惩罚结构“非常不合”。“这些应该……在地板上进行辩论,而不是陷入2,000页的账单。”

康斯托克说,这些处罚可能适用于“不具体伤害”员工的违规行为。他说:“这可能只是违反员工手册的行为。”“虽然这是应该纠正的,但没有人受到伤害。他希望“与国家劳资关系委员会建立更便利的关系,以修改或解决这些问题。”

The bill’s call for a more than five-fold penalty hike in some OSHA violations “represents bankruptcy inducing levels of penalties that would hit smaller firms the hardest,” he adds.

执行还将根据当前法案获得更多资源。扬说,由联邦安全,劳工和平等就业机构分配了大约20亿美元用于执行活动。白宫正在“严格考虑执法,而不是鼓励合规或雇主宣传”。

该法案确实为建筑提供了一些推动力,包括针对可再生能源基础设施建设的1340亿美元的税收优惠。

But Young says to be eligible, contractors would have to meet 15% registered apprenticeship goals. Comstock says ABC is concerned about the ability of all contractors to meet those requirements, adding that it would be “the first time for extending those types of labor mandates to privately financed work.”

Overall, Comstock says that many provisions in the current bill could add up for some contractors.

“It’s a death by a thousand cuts for small business,” he says. “From the taxes to the additional fines to the regulatory requirements. You’re placing more burden on employers. They’ve already been hard hit by COVID and many are still struggling.”