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 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.

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.

On June 20, the Senate Health, Education, Labor and Pensions Committee held a markup of ABC-opposed legislation including the Protecting the Right to Organize Act, Paycheck Fairness Act, and Healthy Families Act. Ahead of the hearing, ABC sent a letter to the committee highlighting concerns with the bills marked up in committee and urging members of the committee to oppose the partisan proposals being considered. ABC also joined with the Coalition for a Democratic Workplace to oppose the proposals.

The markup also considered several ABC-backed and Republican led amendments that would limit the damage of these anti-business, anti-worker legislative proposals, including amendments that would address the PRO Act’s provisions on employee privacy, independent contractors, secondary boycotts, and joint employer. Ranking Member Sen. Bill Cassidy, R-La., also spoke about the ABC-supporting and Sen. Tim Scott, R-S.C., sponsored Employee Rights Act, which would allow workers the freedom and protection they need to decide how they make a living for themselves and their families. You can view the full committee markup 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 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 18, the Senate Committee on Finance held a hearing on “Tax Incentives in the Inflation Reduction Act.” ABC submitted a statement for the record to the committee highlighting concerns with the burdensome and discriminatory prevailing wage and apprenticeship requirements that will limit opportunities for many construction apprentices in nonregistered programs and place a strain on developers and contractors grappling with a shortage of more than 500,000 workers in the construction industry. You can read the full letter here.

On May 12, the U.S. Department of the Treasury and Internal Revenue Service also released additional guidance on the IRA’s domestic content bonus tax credits. The May 12 guidance states that taxpayers may receive another 10% tax credit increase for meeting domestic content requirements. All steel and iron on a project must be 100% produced in the United States to meet this requirement. Additionally, between 40% to 55%, depending on project type and the year construction begins, of the total cost of other components and subcomponents used on the project must be attributable to components that are mined, produced or manufactured in the United States in order to receive this bonus. The IRS previously requested comments on these requirements, and ABC provided feedback regarding industry concerns about supply chain issues and cost increases that may be caused by these domestic content requirements in comments to Treasury and the IRS.

On May 18, Senator Steve Daines, R-Mont. introduced the Main Street Tax Certainty Act. The bill would prevent rate hikes on America’s individually and family-owned businesses by making permanent the Section 199A 20-percent deduction. This deduction was created by the Tax Cuts and Jobs Act but is scheduled to sunset at the end of 2025.

The introduction of this legislation was widely anticipated in the business community, and ABC joined with more than 140 trade associations representing millions of Main Street businesses in a strong letter of support for the legislation.

ABC joined more than 30 organizations in a letter opposing the nomination of Julie Su to serve as the next U.S. Secretary of Labor. ABC previously sent a letter opposing Su’s nomination and raising her questionable record over the past years as Deputy Secretary and her previous role in California.

Su’s nomination is currently stalled in the Senate as Republicans are united in opposition and moderate Democrats remain hesitant to support her while the White House is attempting a last-ditch effort to get her across the finish line.

On March 8, the Senate Health, Education, Labor, and Pensions Committee will hold a hearing titled “Defending the Right of Workers to Organize Unions Free from Illegal Corporate Union-Busting,” which will highlight the ABC-opposed Protecting the Right to Organize Act, sponsored by the HELP Committee Chairman Bernie Sanders, I-Vt. ABC sent a letter to the committee ahead of tomorrow’s hearing highlighting the most dangerous provisions of the bill and the negative effects they would have on the construction industry and the economy.

While the bill has been reintroduced, with Republicans in control of the U.S. House it will not come up for a vote as it has in previous years and will not meet the 60-vote threshold requirement for passage in the U.S. Senate.

View ABC’s Press Release on the bill here.