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THE VOICE OF THE MERIT SHOP

ABC is the voice of the merit shop on Capitol Hill! Sending letters to Congress allows ABC to publicly advocate for the views and interests of our more than 23,000 members. By corresponding with U.S. House of Representatives and Senate members, ABC promotes fair and open competition in the construction industry and fights to protect merit shop contractors around the country.

Letters to the Hill

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THE VOICE OF THE MERIT SHOP

ABC is the voice of the merit shop on Capitol Hill! Sending letters to Congress allows ABC to publicly advocate for the views and interests of our more than 23,000 members. By corresponding with U.S. House of Representatives and Senate members, ABC promotes fair and open competition in the construction industry and fights to protect merit shop contractors around the country.

With the House of Representatives advancing several ABC-supported permitting reform bills this week and last, please see bill status and key details below:

H.R.3898 - The PERMIT Act

  • Status: Passed House on Dec. 11, 2025 by a 221-205 vote. 
  • Background: The legislation would amend the Clean Water Act to promote transparent and predictable permitting for all stakeholders. 
  • ABC Position: ABC Key Vote "Yes 

H.R.4776 - The SPEED Act

  • Status: Passed House on Dec. 18, 2025, by a 221-196 vote.
  • Background: The legislation would clarify National Environmental Policy Act procedures and provide contractors with increased certainty that enables them to plan and invest with confidence
  • ABC Position: ABC Key Vote "Yes"

H.R.4503 - The ePermit Act

  • Status: Passed House by Voice Vote on Dec. 9, 2025.
  • Background: The legislation directs the Council on Environmental Quality to issue an annual report on NEPA's impact to Congress
  • ABC Position: Supported

H.R.573 - The Studying NEPA's Impact on Projects Act

  • Status: Passed House by Voice Vote on Dec. 9, 2025.
  • Background: The legislation would modernize the environmental review and authorization process.
  • ABC Position: Supported

H.R.1897 - ESA Amendments Act

  • Status: Passed the House Committee on Natural Resources on Dec. 17, 2025, in a 25-16 vote. Awaiting a floor vote. 
  • Background: The legislation establishes clear statutory definitions, focusing on species recovery and streamlining the ESA permitting process.
  • ABC Position: Supported 

On Dec. 18, the U.S. Senate approved an en bloc nominations package that included 97 Trump administration nominees. The 53-43 party-line vote was made possible by the Senate’s recent move to lower the threshold for sub-cabinet level positions to just a simple majority, rather than the typical, 60-vote threshold.

Ahead of the vote, ABC and the ABC-led Coalition for a Democratic Workplace supported (more here) the nominations of three NLRB nominees included in the package.

  • James Murphy, Member of the National Labor Relations Board
  • Scott Mayer, Member of the National Labor Relations Board
  • Crystal Carey, National Labor Relations Board General Counsel

With the confirmation of the NLRB nominees, the Board will not only have an ABC-friendly General Council to set the agenda, but it will also have a quorum for the first time in nearly a year. The new 2–1 Republican majority on the NLRB will allow the agency to resume more regular operations. However, longstanding Board practice requires three votes to overturn existing precedent. ABC’s next priority is securing confirmation of a third ABC-supported Board member so the agency can begin unwinding policies implemented during the Biden administration.

Among the other 97 positions, there were several Department of Labor nominees confirmed.

  • Rosario Palmieri, Assistant Secretary of Labor for Policy
  • Henry Mack, Employment and Training Administration
  • Anthony D’Esposito, Department of Labor Inspector General’s Office
  • Jeremiah Workman, Assistant Secretary of Labor, Veterans’ Employment and Training Service

On Dec. 18, the U.S. House of Representatives Committee on Transportation and Infrastructure's Subcommittee on Waters Resources and Environment held the hearing, "Water Resources Development Act of 2026: Stakeholder Priorities." Ahead of the hearing, ABC sent a letter to the committee, urging it to advance a neutral WRDA bill that allows all contractors to compete, regardless of labor affiliation.

On Dec. 10, the U.S. Senate Committee on Health, Education, Labor and Pensions held a hearing titled, "The Future of Retirement." Ahead of the hearing, ABC sent a letter to the Committee expressing concern about the continued insolvency of multiemployer pension plans. ABC recommended that Congress direct the U.S. Pension Benefit Guarantee Corporation to provide assistance to insolvent MEPP participants through establishing and funding individual 401(k)s rather than continuing to fund failing programs. This approach would provide workers and retirees with control over their investments, withdrawals and legacy. 

On Dec. 10, the U.S. Senate Committee on Small Business and Entrepreneurship held a hearing titled, “Running Government Like a Small Business: Cut Waste, Crush Fraud.” Ahead of the hearing, ABC sent a letter to the committee urging lawmakers to roll back federal policies that undermine small construction firms, particularly the White House’s continued enforcement of mandated PLAs on major federal projects. ABC emphasized that small firms make up the overwhelming majority of the industry and cannot absorb the cost or complexity of these mandates.

“No small business would survive if it limited itself to hiring from a pool of just 10% of the workforce, yet the federal government is attempting to do exactly that,” the letter stated. ABC urged Congress to adopt business-minded, competitive practices that empower all qualified contractors and protect taxpayers.

On Dec. 4, after being unable to act on their en bloc nominee package that included several labor nominees, Senate Majority Leader Thune, R-S.D., updated the package (S. Res. 532) to include Scott Mayer, President Trump’s nominee to serve as a member of the National Labor Relations Board. Mayer was approved by the Senate Health, Education, Labor and Pensions Committee on December 3 in 12-11 vote. On December 4, CDW and 35 other employer organizations sent a letter to Thune urging him to quickly schedule a floor vote on Mayer’s nomination. Our statement on the letter can be viewed here.

The confirmation floor vote has not been scheduled yet but will likely happen in the next week or so.

The package of 97 nominees also includes:

  • James Murphy, Member of the NLRB
  • Crystal Carey, NLRB General Counsel
  • Rosario Palmieri, Assistant Secretary of Labor for Policy
  • Henry Mack, Employment and Training Administration
  • Anthony D’Esposito, Department of Labor Inspector General’s Office
  • Jeremiah Workman, Assistant Secretary of Labor, Veterans’ Employment and Training Service

Should the package pass, the Board would have a 2-1 Republican majority and a quorum, which it hasn’t had for nearly a year, allowing it to function fully. That said, Board tradition dictates that three votes are needed to reverse any precedent. ABC’s next priority would be to get a third Republican on the Board, so the agency can begin to unwind the policies implemented during the Biden administration.

On Dec. 3, the Senate Health Education, Labor and Pensions Committee voted 12-11 to approve Scott Mayer, Chief Labor Counsel at The Boeing Corporation, to serve as a member of the NLRB. Following the vote, the ABC-led Coalition for a Democratic Workplace sent a letter to Majority Leader John Thune, R-S.D., calling for a swift floor vote for Mayer.

“It is in the best interest of America’s workers and the regulated community to have a fully functioning NLRB, but the Board has been operating without a quorum for nearly a year,” said Kristen Swearingen, ABC vice president of government affairs. “Scott Mayer is well-qualified for the position, and we urge Majority Leader Thune to schedule a floor vote and get him confirmed as quickly as possible.”

On Dec. 3, the U.S. House passed the Destroying Unnecessary, Misaligned, and Prohibitive Red Tape Act (H.R. 4305) in a 269-146 vote. Introduced by Rep. Tony Wied, R-Wis., the DUMP Red Tape Act codifies the Small Business Administration’s “Red Tape Hotline,” accessible by email, web form, or phone, where small businesses can report burdensome regulations to the SBA’s chief counsel for advocacy.

ABC sent a letter to the House Small Business Committee ahead of its Nov. 18 markup in support of the bill, which cleared the committee hurdle in a 18-9 vote.

The bill will now head to the U.S. Senate, where a vote has yet to be scheduled.

On Dec. 3, Rep. Dave Taylor, R-Ohio, introduced the Workforce Flexibility Act. The bill strikes a provision under Title I of the Workforce Innovation and Opportunity Act which requires that 75% of youth funding be spent on workforce development programs for Out-of-School Youth (OSY) and 25% be spent on In-School Youth (ISY), creating flexibility for states and localities to allocate funds in ways that suit their communities best.

“The Workforce Flexibility Act empowers states and local leaders to direct workforce resources where they’re most needed,” said Kristen Swearingen, ABC vice President of government affairs. “ABC is proud to support this commonsense solution to help America's youth access high-quality training and pursue strong career pathways in the construction industry.”

For more information, see Rep. Taylor’s press release on the bill’s introduction.

On Nov. 19, the House Committee on Education and the Workforce Subcommittee on Early Childhood, Elementary and Secondary Education held a hearing titled, “From Classroom to Career: Strengthening Skills Pathways Through CTE.” Ahead of the hearing, ABC sent a letter to the committee highlighting ABC’s extensive training network, with chapters around the country providing flexible, industry-driven education and more than 450 registered apprenticeship programs. In 2023 alone, ABC members invested $1.6 billion to upskill 1.3 million workers.

Despite this commitment, ABC noted that current federal and state apprenticeship programs are not meeting workforce needs and emphasized the importance of expanding accessible CTE opportunities, better aligning high school programs with industry certifications, improving equipment and facilities, and strengthening partnerships between schools, employers and apprenticeship sponsors.