On March 6, Rep. Kevin Kiley, R-Calif., and Sen. Bill Cassidy, R-La., introduced a Congressional Review Act resolution to overturn the DOL’s new Independent Contractor final rule.

ABC sent a letter to members of the House and Senate expressing support for the CRA resolution. ABC also joined with a coalition of business organizations drafting a letter of support for the CRA resolution.

The resolution faces an uphill battle to passage in both chambers and a likely veto from the President, however, ABC remains committed to ensuring that this issue remains a priority for Congress this session.

Learn more about this issue, including ABC’s lawsuit, above and in Newsline here.

On Feb. 15, the U.S. House Committee on Small Business Subcommittee on Contracting and Infrastructure held a hearing titled “Leveling the Playing Field: Challenges Facing Small Business Contracting.” ABC sent a letter detailing the significant hurdles small businesses face while competing for federal construction projects, specifically through the Biden administration’s implementation of government mandated project labor agreements and a new Independent Contractor Classification standard. Cited in the letter was ABC’s Construction Backlog Indicator that declined to 8.4 months in January, according to an ABC member survey conducted from Jan. 22 to Feb. In addition, the National Federation of Independent Business’ recent study showed that owners who expect higher real sales volumes fell 12% last month and a larger share of small business owners reported lower earnings over the last three months.

You can view the full hearing here.

On Feb. 15, the U.S. House Committee on Transportation & Infrastructure Subcommittee on Highways and Transit held a hearing on the Implementation of Buy America Provisions of the Infrastructure Investment and Jobs Act. In a letter to the Subcommittee, ABC expressed concern over the immediate implementation of the guidance’s domestic content requirements. In 2023, ABC commented on the proposed guidance to urge OMB to balance Buy America requirements with safeguards against increased costs and delays of infrastructure projects funded by taxpayers.

You can view the full hearing here.

On Feb. 1, ABC joined a letter to members of the U.S. House of Representatives’ Committees on Small Business and of the Judiciary supporting reform in implementation of the Regulatory Flexibility Act. You can find a link to the coalition letter here. The letter urges legislative action to strengthen the meaningful input of small businesses in federal regulatory processes and ensure that the intent of the Regulatory Flexibility Act is fulfilled. The Regulatory Flexibility Act (RFA) encourages federal regulatory agencies to consider negative impacts of new mandates in an effort to prevent excessive red tape on small businesses.

Loopholes in the RFA allow federal regulators to bypass the law's requirements and misrepresent costs of new mandates.

This week, the House will vote on H.J. Res. 98, a resolution to block the National Labor Relations Board’s new joint employer rule. ABC issued a key vote in support of the resolution and against the new rule that has faced opposition from ABC and a number of the nation’s major business groups.

The final rule, set to take effect in February, rescinds and replaces the ABC-supported 2020 NLRB joint employer final rule, which provided clear criteria for companies to apply when determining their joint employer status, and will disrupt existing contractor and subcontractor relationships throughout the construction industry. The resolution is expected to pass the House with at least some bipartisan support and Sens. Bill Cassidy, R-La., and Joe Manchin, D-W.Va., have been leading the effort to defeat the NLRB rule in the upper chamber.

On Dec. 13, ABC sent a letter to the House Committee on Education and the Workforce prior to its markup of key bills impacting the construction industry.

The letter highlights ABC’s support for H.R. 6655, the bipartisan A Stronger Workforce for America Act, which would reauthorize the Workforce Innovation and Opportunity Act for the first time since 2014 and includes several ABC-backed provisions that support an all-of-the-above approach to workforce development, ensures more dollars for tangible worker programs, better aligns programs with in-demand jobs, and allows for better evaluation of WIOA programs. ABC also supported the committee’s markup of H.J. Res. 98, a Congressional Review Act resolution to overturn the Biden administrations harmful joint employer final rule, and H.R. 3400, the Small Business Before Bureaucrats Act, to modernize the National Labor Relations Board’s decades old jurisdictional standards to exempt more small businesses from their regulatory overreach. ABC’s letter also expresses concerns with H.R. 6585, the Bipartisan Workforce Pell Act, which, while seeking to expand Pell Grants to high-quality, short-term workforce programs, could exclude some vital construction workforce education and upskilling programs.

ABC also joined with the Coalition for a Democratic Workplace to comment on the Subcommittee on Health, Education, Labor, and Pensions hearing. The hearing examined the ABC-supported Employee Rights Act (H.R. 2700), Modern Worker Empowerment Act (H.R. 5513), and Save Local Business Act (H.R. 2826), which are designed to protect workers, entrepreneurs, small businesses, and the economy from a rogue National Labor Relations Board.

Rep. Lloyd Smucker, R-Pa., was joined by 22 of his colleagues in the House in the introduction of a Congressional Review Act resolution to overturn the Biden administration inflationary Davis Bacon rule. ABC led a coalition of construction organizations in support for the CRA and continues to urge members to cosponsor the CRA. Last week, ABC also announced the filing of a complaint in the U.S. District Court for the Eastern District of Texas, challenging the U.S. Department of Labor’s controversial final rule, and you can read more in ABC’s press release on the challenge.

On Oct. 25, the Senate voted 51-46 to confirm Jessica Looman as the administration of the U.S. Department of Labor’s Wage and Hour Division. Ahead of the vote, ABC joined the Partnership to Protect Workplace Opportunity (PPWO) in a letter to Senators, expressing concerns with WHD’s recent policy and procedural decisions under Looman’s leadership as Principal Deputy Administrator and urging them to discuss with Principal Deputy Administrator Looman and the Department of Labor the overtime proposal as part of their consideration of her nomination.

Earlier this year in a letter to the Senate HELP committee, ABC highlighted concerns from the construction industry on rulemakings, such as independent contractor, overtime and radical reforms to Davis-Bacon regulations that will increase the cost of taxpayer-funded construction projects and discourage small businesses from rebuilding America.

On April 18, the U.S. House of Representatives will vote to override President Joe Biden’s veto of H.J. Res. 27, a joint resolution of disapproval under the Congressional Review Act of the Environmental Protection Agency and the Army Corps of Engineers’ 2023 revised Waters of the United States regulation. ABC has key voted today’s vote and issued an action alert.

President Biden vetoed H.J. Res. 27, which passed both chambers of Congress with strong bipartisan support. While the override is unlikely to garner the 2/3 vote of the chamber required, this resolution rebukes the Biden administration’s flawed, burdensome and overreaching WOTUS rule that will result in sweeping changes to the federal government’s authority to regulate what is considered a navigable water, with enormous impacts on small businesses, developers and contractors. The Biden WOTUS rule is set to cause building delays due to regulatory uncertainty, increased permitting and mitigation costs, and make it more difficult and expensive to grow food, produce energy and build critical infrastructure for the 21st century.

On March 9, the House passed H.J. Res. 27, a joint resolution of disapproval under the Congressional Review Act of the Environmental Protection Agency and the Army Corps of Engineers 2023 revised Waters of the United States regulation. ABC key voted the resolution which passed by a bipartisan 227-198 vote, with nine Democrats joining Republicans in support and only one Republican, Rep. Brian Fitzpatrick of Pennsylvania, opposing.

The Biden Administration’s flawed, burdensome, and overreaching WOTUS rule will result in sweeping changes to the federal government’s authority to regulate what is considered a navigable water, with enormous impacts on small businesses, developers and contractors. The rule will cause building delays due to regulatory uncertainty, plus increased permitting and mitigation costs.