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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. 20, ABC submitted comments to the House Education and the Workforce Subcommittee on Higher Education and Workforce Development hearing titled, “Strengthening WIOA: Improving Outcomes for Jobseekers, Employers, and Taxpayers.” ABC’s letter calls on the committee to pursue policies that recognize the unique challenges facing the construction industry and provide employers with the tools they need to access a well-educated and dedicated workforce.

On Sept. 20, ABC submitted comments to the House Committee on Transportation and Infrastructure hearing titled, “Oversight of the Department of Transportation’s Policies and Programs.” The hearing featured testimony and questions with DOT Secretary Pete Buttigieg. ABC commented on specific DOT policies that the department is pursuing outside of congressional authorization/intent such as the significant number of Biden administration federal agency grants – totaling more than $230 billion for infrastructure projects procured by state and local governments – subject to language and policies promoting PLA mandates and preferences that will increase costs and reduce competition on federally assisted construction projects. ABC also provided comments on the ABC-opposed union labor requirements on the National Electric Vehicle Infrastructure Formula Program. The DOT NEVI Formula Program will implement provisions of the IIJA that includes $7.5 billion for electric vehicle charging stations (including $5 billion over five years to install EV chargers mostly along interstate highways).

On Sept. 20, ABC also submitted comments to the Senate Health, Education, Labor and Pensions Committee’s markup of S. 2840, the Bipartisan Primary Care and Health Workforce Act, in support of an amendment offered by Ranking Member Bill Cassidy, R-La., that would ensure funds for construction and renovation of community health centers and other health care facilities are not subject to Davis-Bacon prevailing wage requirements. The amendment faced defeat in the Democrat-controlled committee and was offered and withdrawn.

On September 13, ABC submitted comments to the House Oversight and Accountability Subcommittee on Health Care and Financial Services hearing titled, “The Inflation Reduction Act: A Year in Review.” ABC’s letter expressed our concerns about anti-competitive and inflationary policy in the IRA that grants developers of clean energy construction projects a bonus tax credit 500% greater than a baseline tax credit of 6% conditioned on satisfying controversial prevailing wage and government-registered apprenticeship requirements.

With the Corporate Transparency Act’s new reporting requirements set to take effect beginning January 1, ABC joined a letter signed by more than 80 trade associations calling on Congress to enact the Protecting Small Business Information Act of 2023 (H.R. 4035). Authored by House Financial Services Committee Chairman Patrick McHenry, the legislation would delay implementation of the CTA until Treasury finishes the necessary rulemaking process, giving affected businesses much-needed relief from the poorly conceived and drafted rules.

The CTA will subject tens of millions of small businesses and other entities to increased paperwork, compliance costs, privacy risks, substantial fines, and even jail.

Congressman Lloyd Smucker, R-Pa., introduced the Main Street Tax Certainty Act, H.R. 4721, legislation which would permanently extend Section 199A of the Internal Revenue Code, which is slated to expire in 2025. Smucker’s bipartisan legislation is cosponsored by 99 Members, including two Democrats, and is supported by all Republican Members of the Ways & Means Committee.

Section 199A, which was adopted as part of the landmark 2017 Tax Cuts and Jobs Act, allows for a 20 percent deduction of qualified income for pass-through businesses. Most small business are structured as a pass-through and this section was included in the Tax Cuts and Jobs Act to promote equity in America’s tax code between small businesses on main street with larger corporations.

ABC joined over 160 organizations in support of the legislation, and also supported mirror legislation in the Senate introduced by Sen. Steve Daines, R-Mont. Earlier this year.

On June 26, ABC submitted comments to the House Education and the Workforce Committee following the committee’s hearing titled: “Competencies Over Degrees: Transitioning to a Skills-Based Economy.” ABC’s letter offers recommendations as the committee considers the reauthorization of the Workforce Innovation and Opportunity Act in the 118th Congress and encourages the committee to enact policies that would provide further opportunities for all of America’s workers as we face a critical workforce shortage in the construction industry.

The hearing focused on key issues impacting today’s workforce, including the value of registered and industry recognized apprenticeships, Pell Grants, skills assessments and credentials. You may view the full committee hearing here.

On June 20, ABC joined two letters from coalitions of business organizations in supporting the Custom Health Option and Individual Care Expense (CHOICE) Arrangement Act. The legislation would codify two of the Trump administration’s major achievements in health-care policy: a 2018 rule that permits businesses to join together to provide association health plans, and a 2019 rule that allows employers to provide tax-free contributions to employees to pay for Affordable Care Act plans in the individual market through individual coverage health reimbursement arrangements (ICHRAs).

You can view the first letter here and the second from ABC’s Partnership for Employer Sponsored Coverage coalition here.

On June 13, ABC sent a letter to the U.S. House Ways and Means Committee for its markup of H.R. 3938, the Build It in America Act. ABC support this legislation, which would extend key provisions of the ABC-supported Tax Cuts and Jobs Act and provide additional certainty to the construction industry, including the deduction for research and development and the extension of the 100% bonus depreciation.

On May 30, ABC announced its support for the Fiscal Responsibility Act, the bipartisan negotiated deal to raise the debt limit, reduce the federal deficit, cut federal spending, and streamline permitting for critical infrastructure projects. In a letter to Congress, ABC highlighted the bill’s significant permitting reforms, including key provisions from the ABC-supported the BUILDER Act (H.R. 1577) that will modernize the National Environmental Policy Act requirements for the first time in decades, and expanding the FAST-41 program to expedite the construction of more energy storage infrastructure projects. Additionally, the bill codifies key elements of the ABC-supported One Federal Decision framework, which will establish lead agency authority, set reasonable time limits for environmental reviews and apply page limits for permitting documents.

On May 23, ABC submitted comments to the House Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions ahead of the subcommittee’s hearing entitled, “Protecting Employees’ Rights: Ensuring Fair Elections at the NLRB.” ABC’s letter highlighted the value of secret ballot elections to ensure that workers have a privacy protected vote that reflects their true preference for unionization in their workplace, criticized the NLRB for recent rulings, and expressed support for the Employee Rights Act that ensures the freedoms, rights, and choices of all America’s workers. You can view the full letter that was submitted for the record here.

This week, U.S. House Education and the Workforce Committee Ranking Member Bobby Scott, D-Va., reintroduced the ABC-opposed National Apprenticeship Act. ABC sent a letter to the Committee on April 27 highlighting concerns with the proposal and urging better access to apprenticeship opportunities for all of America’s workers.

While this bill has been proposed as a way to expand apprenticeship opportunities in America, in practice, the bill would limit access to apprenticeships for non-union employers and limit the flexibility of apprenticeship programs throughout the country. ABC key voted against this ill-advised apprenticeship bill on the House floor last Congress, when the Democratic majority pushed the bill through a vote of 247-173. Dr. Virginia Foxx, R-N.C., the Committee Chairwoman, opposed the bill last Congress, and with Republicans in control of the Committee and the House it is not likely to receive a floor vote.