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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 Feb. 5, the U.S. House Committee on Oversight and Government Reform held a hearing, Rightsizing Government. The hearing focused on eliminating waste, fraud and abuse by the federal government. Ahead of the hearing, ABC sent a letter to the Committee highlighting how the Biden administration’s Use of Project Labor Agreements for Federal Construction Projects final rule eliminated merit-based federal contracting and increased taxpayer costs by 12-20%. The letter urged Congress and the Trump administration to Congress and the Trump administration have the opportunity to restore merit to federal contracting by advancing fair and open competition. Rep. Clay Higgins, R-La., who serves on the Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs, entered ABC’s letter into the hearing record. The Congressman's remarks may be seen here

On Feb. 5, the U.S. House Committee on Small Business held a hearing titled, “Hope on the Horizon: Prioritizing Small Business Growth in the 119th Congress.” Ahead of the hearing, ABC sent a letter to the committee calling for deregulation and sound legislation in the 119th Congress to help small businesses succeed.

During the hearing, Rep. Brad Finstad, R-Minn., touted the Prove It Act of 2024, which he introduced in the 118th Congress. ABC key voted the bill, which strengthens the Regulatory Flexibility Act by allowing industry groups, like ABC, to petition the Small Business Administration to examine whether a federal regulation would have significant economic effects on a large number of small businesses, among other things. You can view Rep. Finstad’s remarks from the hearing here.

In addition, Rep. Brian Jack, R-Ga., highlighted the need for deregulation for the small business community. When Rep. Jack asked witness Bill New of New Industries, Inc., a steel fabrication company, about the benefits of deregulation could be, New responded, “I think like a lot of small businesses – I’m not looking for a handout, I’m just looking for a level playing field. Then get out of my way.” You can view New’s comment here.

You can view the full committee hearing here.

On Jan. 22, the U.S. House of Representatives Committee on Transportation and Infrastructure’s Subcommittee on Highways and Transit held a hearing “America Builds: Highways to Move People and Freight.” Witnesses for the hearing included Jim Tymon, the Executive Director of American Association of State Highway and Transportation Officials; Janet Kavinoky, Vice President of External Affairs and Corporate Communications at Vulcan Materials Company;  Dennis Dellinger, President and CEO of Cargo Transporters, Inc. and Chairman of the American Trucking Associations; and Matthew Colvin, Chief of Staff for the Transportation Trades Department of the AFL-CIO. The hearing focused on issues impacting the supply chain, including infrastructure construction, workforce development and freight.

ABC sent a letter to the Subcommittee ahead of the hearing urging it to consider fair and open competition, all-of -the-above workforce development, and Davis-Bacon repeal/reform within the Surface Transportation Act reauthorization.

On Jan. 17, the U.S. House of Representatives Committee on Ways & Means held a hearing focused on the family and business provisions included in the Tax Cuts and Jobs Act. Ahead of the hearing, ABC sent a letter to the committee emphasizing the significance of making permanent the provisions of the TCJA for America’s working families.

In the letter, ABC urged the committee to support the following critical tax policies, which are vital to the continued success and economic prosperity of our industry:

  • Maintaining parity for pass-through entities (TCJA Section 199A)
  • Continuation of TCJA estate tax treatment
  • Revived expensing of R&D costs
  • Restoration of 100% bonus depreciation
  • Opposition to exclusionary labor mandates in IRA green tax credits

In the hearing, there was increased focus on addressing the looming expiration of the Section 199A deduction, which, if allowed to expire, would result in a 20% increased tax on pass-throughs, while C-corps and publicly traded companies will continue to enjoy their lower, 21% permanent rate.

For more information on the hearing, see ABC Newsline.

On January 15, the U.S. House Committee on Transportation and Infrastructure held a hearing: “America Builds: The State of the Nation’s Transportation System.” The hearing focused on permitting and workforce development. Four witnesses participated in the hearing, including Louisiana Governor Jeff Landry, R, and Vice President of Williams Brothers Construction, Seth Schulgen.

ABC sent a letter to the committee ahead of the hearing, encouraging it to consider all-of-the-above workforce development, fair and open competition and Davis-Bacon Act repeal/reform as ways to maximize the effectiveness of federal dollars.

During his opening statement, Chairman Sam Graves, R-Mo., stated the committee’s priority this Congress would be reauthorizing the Surface Transportation Act. He said the committee would hear from stakeholders and committee members as part of an aggressive hearing schedule. On the other hand, Ranking Member Rick Larsen, D-Wa., touted the Bipartisan Infrastructure Law and its investments.

Regarding permitting, Ranking Member Larsen stated the Infrastructure Investment and Jobs Act included streamlining and permitting reform that the Biden administration was unable to implement. He said he expects the Trump administration to advance these measures. Governor Landry expressed support for increasing state responsibilities within the permitting process. Landry noted that Section 404(b) permits were holding up the construction of vital infrastructure and that the states would be able to advance projects faster than the U.S. Army Corps of Engineers.

On workforce development, Schulgen said 90% of contractors reported struggling to find workers and expressed support for increased career and technical education funding.

Regarding construction costs, Schulgen said the IIJA’s impact had been eroded by inflation. He noted the U.S. Department of Transportation’s Federal Highway Administration’s displayed that highway construction costs have risen 70% since 2020.

View the hearing here.

On Jan. 9, ABC and a diverse group of two dozen construction and business groups sent a letter to President-elect Donald Trump urging him to eliminate President Joe Biden’s final rule implementing Executive Order 14063 requiring federal construction contracts of $35 million or more to be subjected to anti-competitive and inflationary project labor agreements. The coalition letter also called for the repeal of additional Biden administration policies pushing PLA mandates and preferences on federally assisted construction projects procured by private developers and local and state governments.

“In place of these failed Biden administration policies, we request a new executive order that restricts government-mandated PLAs and restores robust fair and open competition on federal and federally assisted construction projects,” said the coalition letter. “This will save taxpayers an estimated $10 billion per year on public works projects annually and restore opportunities for all of the construction industry to rebuild America."

Learn more here.

On Dec. 16, ABC sent a letter to members of the U.S. House and Senate supporting H.R.6655, A Stronger Workforce for America Act, as amended. This bipartisan legislation reauthorizes the Workforce Innovation and Opportunity Act for the first time in nearly a decade and promotes America’s economic competitiveness. 

ABC applauds the U.S. House Committee on Education and the Workforce and the U.S. Senate Committee on Health, Education, Labor and Pensions for reaching a deal on WIOA that secures funding for workforce development and addresses the construction industry’s evolving need for qualified and skilled craft professionals by modernizing WIOA from its most recent reauthorization in 2014.

On Dec. 11, in a win for ABC and its members, the U.S. Senate rejected the confirmation of Lauren McFerran for a third term as chair of the National Labor Relations Board in a 49-50 vote. Her nomination threatened Democratic control of the NLRB through August 2026, two years into President-elect Donald Trump’s term. On Dec. 10, ABC sent a Key Vote letter to U.S. Senators urging them to vote “No” on her nomination

In an ABC statement, Kristen Swearingen, ABC vice president of legislative & political affairs, stated, “Under McFerran’s leadership, the NLRB has issued decisions and expanded interpretations of the National Labor Relations Act that have been rejected by the business community, Congress and federal courts.” In a statement released by the ABC-led Coalition for a Democratic Workplace, Swearingen added, “Her confirmation would have blocked President-Elect Trump from pursuing his policy agenda – an agenda that the voters resoundingly supported in the election.”

 On Dec. 3, the CDW sent a letter signed by 53 organizations to the U.S. Senate expressing concerns with her tenure. ABC members from around the country sent Action Alerts to their senators urging them to vote “No” on her confirmation.

On December 10, the U.S. House of Representatives passed S.4367, the Thomas R. Carper Water Resources Development Act of 2024, as amended, by a 399-18 vote. ABC wrote a letter in support of the legislation, which reauthorizes the WRDA and makes significant investments in America’s infrastructure. It also provides opportunities for contractors nationwide to participate on the majority of WRDA projects. The amended WRDA bill reflects months of negotiations between the U.S. House Committee on Transportation and Infrastructure and the U.S. Senate Committee on Environment and Public Works. It is likely the bill will pass the Senate before the end of the 118th Congress. ABC will continue to support the bill while opposing the distribution of WRDA funds guided by the Biden administration’s Federal Acquisition Council Use of Project Labor Agreements for Federal Construction Projects final rule.

On Dec. 5, in a 208-196 vote, the U.S. House of Representatives passed H.R. 7198, the Prove It Act of 2024. Ahead of the vote, ABC sent a key vote letter to members of the House urging them to support the bill. The Prove It Act strengthens the Regulatory Flexibility Act by allowing industry groups, like ABC, to petition the Small Business Administration to examine whether a federal regulation would have significant economic effects on a large number of small businesses. Agencies are not required to perform a regulatory flexibility analysis if they certify that a proposed rule would not have a significant economic impact on a substantial number of small entities. The Prove It Act would allow groups like ABC to petition the SBA to challenge an agency’s claim and request an analysis if they see fit. In addition, there is a provision in the bill that would allow the SBA’s Office of Advocacy to throw out rules if the issuing agency doesn’t reevaluate them at least once a decade to assess their continued need, complexity, and economic effects on small businesses.

ABC supported this legislation along with other Regulatory Flexibility Act related bills during the September House Small Business Committee markup.