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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. 15, ABC joined a diverse coalition of over 40 trade groups and associations in a letter to Congress opposing the Warehouse Worker Protection Act. “The WWPA would impose long discarded and unworkable regulations on warehouse distribution centers, curtail employers’ due process rights when challenging citations from OSHA, and hamstring a critical part of our national supply chain,” the letter reads. “Despite its narrow sounding title, the legislation would impact workplaces in nearly every industry sector nationwide. Protecting workers is a priority for all employers, but this bill would only impede efficient operations without improving workplace safety.”

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 June 4, the U.S. House Committee on Small Business held a hearing titled, “Budgeting for Growth: Testimony from SBA Administrator Kelly Loeffler.” Ahead of the hearing, ABC sent a letter to the committee stressing the need for deregulation. Specifically, ABC expressed its support for the Prove It Act (H.R. 1163) and denounced former President Biden’s executive order and subsequent final rule mandating controversial project labor agreements on federal construction projects of $35 million or more. The letter added that the Biden final rule unfairly limits opportunities for small firms that may be unable or unwilling to operate under the terms of a PLA.  

On June 3, the U.S. House passed two ABC-supported small business bills that will satisfy educational needs and offer clarity to help strengthen small businesses across the country. The Connecting Small Businesses with Career and Technical Education Graduates Act of 2025 (H.R. 1642) requires Small Business Development Centers and Women’s Business Centers to provide information to small businesses about hiring career and technical education graduates, providing critical education to small businesses so they can hire the next generation of skilled workers. The bill passed the House overwhelmingly in 396-5 vote.

The Plain Language in Contracting Act (H.R. 787) aims to ensure that federal contracting opportunities are written in plain language, making it easier for small businesses to secure government contracts, putting Main Street on a level playing field with large businesses so they can more fairly compete to win work. 

On May 22, the U.S. House passed their budget reconciliation bill, H.R. 1, the “One, Big, Beautiful Bill Act,” in a 215-214-1 vote. Reps. Thomas Massie, R-Ky., and Warren Davidson, R-Ohio were the only Republicans to vote against the measure, while House Freedom Caucus Chair Andy Harris, R-Md., voted present.

Ahead of the vote, ABC sent a Key Vote letter expressing strong support for the bill that provides critical tax relief to contractors. Among the many essential reforms in the package, ABC particularly supports:

  • Making the Small Business Deduction Permanent and Stronger: The bill provides the pass-through sector crucial relief via introduction of a boosted 23% deduction for qualified business income. Locking in the higher deduction under Section 199A will not only prevent a significant tax hike in 2026, but it will also ensure that ABC members—most of whom are passthrough businesses—can reinvest in their companies, expand their workforce, and take on new projects without fear of future tax hikes.

  • Permanent Estate Tax Relief: The bill preserves and protects family businesses from destructive estate taxes keeps jobs, skills, and ownership here at home, allowing contractors to pass on the businesses they built to the next generation.

  • Restoration of 100% Bonus Depreciation: Renewing previously expired immediate expensing via 100% bonus depreciation is a powerful incentive for businesses to invest in new equipment and technologies. This policy was based on the understanding that allowing immediate expensing of capital investments would encourage businesses to modernize their operations, increase productivity and, ultimately, drive economic growth. It was particularly aimed at capital-intensive industries like construction, where equipment investments can be substantial.

  • Revived Expensing of R&D Costs: This provision permanently allows taxpayers to immediately deduct domestic research or experimental expenditures paid or incurred in taxable years beginning after December 31, 2024. Additionally, small business taxpayers with average annual gross receipts of $31 million or less will generally be permitted to apply this change retroactively to taxable years beginning after December 31, 2021. Furthermore, all taxpayers that made domestic research or experimental expenditures after December 31, 2021, and before January 1, 2025, will be permitted to elect to accelerate the remaining deductions for such expenditures over a one-year period or a two-year period.

  • Continuation of Simplified Tax Code: The bill permanently extends the larger standard deduction and the alternative minimum tax threshold that were set to expire. These two provisions have greatly simplified the tax code for millions of taxpayers, including construction workers and job creators.

  • No Tax on Overtime for American Workers: By exempting overtime pay from federal income tax, the bill delivers direct, meaningful tax relief to the hardworking men and women in the merit shop construction trades—rewarding those who put in the extra hours to get the job done, support their families, and keep America building.

  • Expanded 529 Accounts for Skilled Trades Training: By expanding 529 savings accounts to cover training programs and credentials in the skilled trades, the bill supports the next generation of craft professionals—ensuring more young Americans can pursue rewarding careers in construction without crushing debt.

  • Relief from Overregulation and Red Tape: From the inclusion of the ABC-supported REINS Act to reducing 1099 reporting burdens to improving Opportunity Zones, this bill cuts unnecessary red tape and unlocks new growth in communities that need it most.

  • Expedited Environmental Reviews: By paying 125% of the estimated cost to prepare or supervise the preparation of an Environmental Assessment or Environmental Impact Statement, a project sponsor would receive a deadline of six months for completing an EA and twelve months for completing an EIS along with protection from judicial and administrative reviews.

House leadership’s Managers Amendment added last-minute changes to the legislation ahead of floor consideration, including:

  • Lifting the state and local tax deduction cap to $40,000 for individuals making under $500,000.
  • The accelerated phasing out of certain IRA clean energy credits by 2028. There will be much debate over this item in the Senate, including the prevailing wage and apprenticeship requirements.

The House-passed bill now heads to the Senate, where it is likely to be amended. Given the bill’s privilege under reconciliation rules, the Senate will only need a simple majority to approve their version bill. Both chambers will have to pass the same bill in order to send it to the President’s desk.

On May 21, the House Judiciary Committee held a legislative markup on several pieces of legislation, including the ABC-supported Prove It Act (H.R. 1163). Ahead of the hearing, ABC sent a letter in support of the bill, urging members of the Committee to report it favorably for a full House vote. The Committee passed H.R. 1163 in a 14-12 vote and, following passage in the House Small Business committee on April 30, will now be reported for a vote by the full U.S. House.

The Prove It Act strengthens the Regulatory Flexibility Act by allowing small businesses, and groups like ABC, to petition the U.S. Small Business Administration’s Office of Advocacy to examine agency rules and requires that agencies evaluate both the direct and indirect costs of proposed rules on small businesses. What’s more, the bill exempts small businesses from regulatory action when agency’s do not comply with the RFA.

On May 20, the U.S. House Committee on Education and the Workforce Subcommittee on Workforce Protections held a hearing titled, “Empowering the Modern Worker.” Ahead of the hearing, ABC joined other business groups of the Independent Work Coalition in submitting a letter to the committee supporting opportunities for independent contractors. “As modern technology continues to drive the growth of independent work opportunities, policymakers should pursue policies that reflect the preferences of the workers themselves and that support the small businesses and entrepreneurs that rely on the independent contractor model,” the letter states.

The letter also pointed to two critical ABC-supported pieces of legislation sponsored by Rep. Kevin Kiley, R-Calif., the Modern Worker Empowerment Act (H.R. 1319) and the Modern Worker Security Act (H.R. 1320). The Modern Worker Empowerment Act provides clarity for workers and businesses by establishing a common-sense definition for independent contractor status across federal law. The Modern Worker Security Act 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.