Biden administration releases guidance for Build America, Buy America provisions
On Aug. 14, the Biden administration announced final guidance regarding implementation of the Build America, Buy America provisions of the Bipartisan Infrastructure Law. Build America, Buy America establishes a domestic content preference for federally funded infrastructure projects in three categories: iron and steel products; manufactured products; and construction materials. Under the final guidance, construction materials are defined as non-ferrous metals, plastic and polymer-based products; glass; fiber optic cable; optical fiber; lumber; engineered wood; and drywall. Waivers to the provisions can be obtained for products if they are deemed to be inconsistent with the public interest; the products are not produced in the U.S. in sufficient quantities or of satisfactory quality; and if covered U.S. products increase the cost of the project by more than 25%. The final guidance will take effect 60 days after publication in the Federal Register and apply to federal awards obligated on or after the effective date. The administration also provided a summary of the announcement and information in a Q&A format for stakeholders.
Small Business Administration revamps loan programs
On Aug. 1, the Small Business Administration announced a plan designed to simplify and modernize requirements for the agency’s 7(a) and 504 loan programs. Changes aim to increase the ability of small businesses to access funding for the start-up of new businesses or growth of existing entities through a broader network of lenders and streamlined lending practices. The requirements are part of three updated standard operating procedures within the loan programs, including updated origination policies and procedures, lender participation requirements, and loan servicing and liquidation requirements. In addition, the new procedures will allow the SBA to use advanced data analytics and third-party data checks designed to reduce fraud.
EEOC proposes regulations for Pregnant Workers Fairness Act
On Aug. 11, the Equal Employment Opportunity Commission issued proposed regulations to implement the Pregnant Workers Fairness Act, a law enacted in 2022 designed to eliminate discrimination and ensure workplace accommodations for workers with limitations related to pregnancy, childbirth or a related medical condition. The proposed rulemaking provides definitions for key words and phrases under the law, which took effect June 27 and applies to all employers with 15 or more employees. It also includes a list of examples of “reasonable accommodations” employers may make for pregnant workers and numerous clarifications regarding what is required by employers to comply with the law. The EEOC is required to publish a final version of the proposed regulations by Dec. 29, and comments on the proposal must be submitted to the agency by Oct. 10.
