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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.

On Sept. 10, the House Committee on Natural Resources held a legislative hearing on H.R. 573, the Studying NEPA’s Impact on Projects Act, H.R. 4503, the ePermit Act, and H.R. 4776, the Standardizing Permitting and Expediting Economic Development Act. Ahead of the hearing, ABC sent a letter to the committee in support of the bills, which streamline the permitting process and provide greater transparency for the construction industry, project developers and the public.

The House Natural Resources Committee is seeking nationwide support for the SPEED Act, introduced by Committee Chair Bruce Westerman, R-Ark., and Rep. Jared Golden, D-Maine. The legislation would codify NEPA’s intent is to prescribe the necessary processes rather than mandate particular results, narrow the scope of NEPA review, clarify that federal funding and assistance should not be the determinant of whether an agency action is determined to be a “major Federal action,” and set reasonable timelines for filing judicial review claims. These reforms would reduce permitting delays and the potential for activist groups to block projects they oppose through excessive delays that can ultimately lead to project cancellations, providing project sponsors and contractors with increased certainty that enables them to plan and invest with confidence.

Please contact [email protected] if your chapter is interested in writing Congress in support of the legislation.

House Committee Considers NEPA Reforms

On Sept. 10, the House Committee on Natural Resources held a legislative hearing on H.R. 573, the Studying NEPA’s Impact on Projects Act, H.R. 4503, the ePermit Act, and H.R. 4776, the Standardizing Permitting and Expediting Economic Development Act. Ahead of the hearing, ABC sent a letter to the committee in support of the bills, which streamline the permitting process and provide greater transparency for the construction industry, project developers and the public.

The House Natural Resources Committee is seeking nationwide support for the SPEED Act, introduced by Committee Chair Bruce Westerman, R-Ark., and Rep. Jared Golden, D-Maine. The legislation would codify NEPA’s intent is to prescribe the necessary processes rather than mandate particular results, narrow the scope of NEPA review, clarify that federal funding and assistance should not be the determinant of whether an agency action is determined to be a “major Federal action,” and set reasonable timelines for filing judicial review claims. These reforms would reduce permitting delays and the potential for activist groups to block projects they oppose through excessive delays that can ultimately lead to project cancellations, providing project sponsors and contractors with increased certainty that enables them to plan and invest with confidence.

Please contact [email protected] if your chapter is interested in writing Congress in support of the legislation.

On Sept. 10, the House Committee on Small Business's Subcommittee on Contracting and Infrastructure held the hearing, Leveling the Playing Field: Fostering Opportunities for Small Business Contractors. Ahead of the hearing, ABC sent a letter to the committee, noting the construction industry's high concentration of small businesses and role in building America's infrastructure. The letter expressed concern with President Donald Trump's decision to continue the Biden administration's project labor agreement mandate and urged the President to reverse course, end government-mandated PLAs and implement a policy that supports fair and open competition in the federal procurement process.

On July 23, the U.S. House Committee on Education and the Workforce held a markup of legislation that supports independent contractors and clarifies the joint employer standard. Ahead of the hearing, ABC sent letters of support to the committee for three key bills, all of which were reported favorably for a full House vote:

  • The Modern Worker Empowerment Act (H.R. 1319) provides clarity for workers and businesses by establishing a common-sense definition for independent contractor status across federal law. H.R. 1319 passed in a 19-16 vote. See ABC’s letter of support.
  • The Modern Worker Security Act (H.R. 1320) clarifies that independent workers can participate in innovative programs designed to connect them with portable, work-related benefits without fear of potentially jeopardizing their independent contractor status under federal law. H.R. 1320 passed in a 19-16 vote. See ABC’s letter of support.
  • The Save Local Business Act (H.R. 4366) would amend the National Labor Relations Act and the Fair Labor Standards Act to clarify that an entity is only a joint employer if it directly and immediately exercises meaningful control over workers’ essential terms and conditions of employment. H.R. 4366 passed in a 20-16 vote. See the ABC-led Coalition for a Democratic Workplace letter of support here and ABC’s statement on the bill here.

On July 16, the U.S. House Committee on Financial Services Subcommittee on Housing and Insurance held a hearing titled, “HOME 2.0: Modern Solutions to the Housing Shortage.” The hearing focused on the Home Reform Act of 2025 that would modernize the HOME Investment Partnerships Program, the largest block grant program for states and municipalities dedicated to creating affordable housing for low-income Americans. Ahead of the hearing, ABC sent a letter to the committee calling on them to strip onerous Davis-Bacon requirements from the program that increase costs and delay critical affordable housing projects.

In his opening statement, Chairman Mike Flood, R-Neb., touched on the subcommittee’s request for public input on the HOME program, of which ABC members participated, and noted four primary obstacles to the efficiency of the hearing: the environmental review process; Build America, Buy America; Davis-Bacon requirements; and Section 3 requirements. You can watch Rep. Flood’s comments here.

Allison George, Director, Colorado Division of Housing, Department of Local Affairs and one of the witnesses for the hearing, suggested a few recommendations to support HOME Program’s modernization, stating, “we recognize the importance of accountability, but overlapping requirements like Section 3, Davis-Bacon, and Build America, Buy America and environmental reviews have become especially difficult for our small and rural communities to manage.”

On July 16, Kevin Sell, senior manager of corporate development at Kwest Group in Perrysburg, Ohio, testified on behalf of ABC before the U.S. House Committee on Education and Workforce Subcommittee on Workforce Protections in their hearing, “Safe Workplaces, Stronger Partnerships: The Future of OSHA Compliance Assistance.” His testimony focused on role that programs like ABC’s STEP Health and Safety Management System play in creating meaningful pathways between the construction industry and the Occupational Safety and Health Administration.

“The area offices of OSHA have provided employees and employers with valuable expertise and support through Compliance Assistance Specialists and their Challenge Program, which serves as a pathway to the Voluntary Protection Program,” said Sell. “By fostering a relationship—or better yet, a partnership—with the area office, employers gain nonenforcement support, allowing them to work collaboratively with OSHA to improve workplace safety and reduce risk for their teams. This is especially important in construction, as many of us have a mobile workforce that presents a unique set of challenges far different and more complex than most general industry sites.” Watch the hearing and read Sell’s full testimony.

Sell began his career as a firefighter and shift commander, eventually finding his way to the construction industry where he worked in safety and quality, workforce development and relationship management roles. He also held leadership roles on both the Kentucky Workers’ Compensation Funding Commission and the Kentucky Occupational Safety & Health Review Commission.

For more information, read ABC’s press release.

On July 14, Rep. James Comer, R-Ky., introduced the Save Local Business Act, which would amend the National Labor Relations Act and the Fair Labor Standards Act to clarify that an entity is only a joint employer if it directly and immediately exercises meaningful control over workers’ essential terms and conditions of employment. The bill would provide clarity and predictability to the regulated community and ensure that the entities that truly have control over a group of workers are at the bargaining table.


The ABC-led Coalition for a Democratic Workplace and 72 undersigned organizations sent a letter to members of the U.S. House of Representatives and U.S. Senate urging them to support and pass the bill.

“The Save Local Business Act will restore balance, clarity, and predictability to labor and employment law,” said Kristen Swearingen, ABC vice president of government affairs. “It ensures the appropriate entities are at the bargaining table and held responsible for any violations committed against workers while shielding businesses from unwarranted liability for the employment decisions of another entity. This legislation will protect small business owners and allow future entrepreneurs to thrive. We strongly support this legislation and urge Congress to pass it.”

CDW’s statement on the bill’s introduction can be read here.

On July 3, ABC sent a letter in support of H.R.3898, the Promoting Efficient Review for Modern Infrastructure Today Act. The letter urges the U.S. House of Representatives to advance the legislation, providing much-needed, commonsense reforms to the Clean Water Act.

Among the many essential provisions in the PERMIT Act, ABC particularly supports:

  • Clarifying the Definition of WOTUS: Explicitly excluding groundwater and ephemerals that flow in direct response to precipitation from the definition of Waters of the United States reduces expansive interpretations of WOTUS and limitations on construction taking place on such land.
  • Expediting Jurisdictional Determinations: Directing the U.S. Army Corps of Engineers to expedite procedures and augment personnel and resources will help eliminate the backlog of jurisdictional determinations and Section 404 applications.
  • Extending and Streamlining the Section 404 Dredge and Fill Permit Process: Extending nationwide general permit times from five to 10 years may enable contractors to complete projects within the permitted time frame. Further, allowing the use of environmental assessments for the reissuance of permits will streamline permitting for already approved projects.
  • Extending NPDES Permit Terms: Extending the National Pollutant Discharge Elimination System permit time from five to 10 years provides longer validity for construction permits.
  • Ensuring Permitted Projects Move Forward: Establishing that the U.S. Environmental Protection Agency’s authority to deny or restrict the use of a defined space as a disposal site is limited to the period between a completed application and permit issuance will reduce the risk of late-stage permit cancellation.

ABC also signed onto the Waters Advocacy Coalition’s letter to the House Rules Committee, urging the committee and House to advance the legislation, delivering clarity and certainty for landowners and the regulated community.

On July 1, a diverse group of lawmakers from around the country sent letters to President Trump urging him to rescind the Biden-era rule requiring PLAs on federal construction projects of $35 million or more. 95 members of the U.S. House and 21 members of the U.S. Senate signed the letters, expressing serious concerns over the administration’s decision to double down on a policy that is inherently exclusionary, anti-competitive and costly for American taxpayers.

On June 26, ABC announced its strong support for the reintroduction of the Employee Rights Act in the 119th Congress, urging the swift consideration of the ERA to protect worker freedoms nationwide. 

“Worker choice, flexibility and privacy are essential to the success of the construction industry, and the Employee Rights Act delivers much-needed balance to our nation’s labor laws,” said Kristen Swearingen, ABC vice president of federal affairs. “This bill protects all workers’ right to a secret ballot, their control over personal contact information and their freedom to work as independent contractors if they choose. Congress must act now to advance this pro-worker, pro-growth legislation and stop harmful policies that undermine workforce freedoms.”
 
Introduced by Rep. Rick Allen, R-Ga., the ERA would:

  • Guarantee secret ballot union elections on jobsites
  • Safeguard worker privacy and limit forced disclosure of personal information
  • Provide legal clarity for independent contractors
  • Clarifies the definition of a joint employer
  • Prevent the use of employee dues for union political campaigns without consent

On June 11, the House Committee on Oversight and Government Reform's Subcommittee on Military and Foreign Affairs held the hearing: Clearing the Path: Reforming Procurement to Accelerate Defense Innovation. Ahead of the hearing, ABC sent a letter to the committee, noting projects where PLAs had limited innovation at the U.S. Department of Defense. During the hearing, Representative Andy Biggs, R-Az., expressed concern that the Biden administration's PLA mandate kills competition, inflates prices and blocks nonunion companies from fair opportunities. He said the mandate is sidelining the best contractors and rigging the system. On the other side of the aisle, Representative Stephen Lynch, D-Ma., stated that very few projects at DOD that require a PLA. He said a PLA may exist to build a warehouse. He stated that he does not know of any DOD PLA requirement in place in the entire United States. In addition, Lynch said PLAs ensure workers are highly skilled and able to perform work at levels that meet DOD standards.