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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 May 15, the U.S. House Committee on Education and the Workforce held a hearing titled “Examining the Policies and Priorities of the Department of Health and Human Services” with HHS Secretary Xavier Becerra. Ahead of the hearing, ABC sent a letter to the committee outlining key principles and priorities that will allow employer-sponsored coverage to thrive. Specifically, ABC highlighted federal tax exclusions and the need for compliance relief for employers that are critical to the sustainability of employer-sponsored coverage.

On May 13, ABC sent a letter to Rep. Jay Obernolte, R-Calif., and the U.S. House Energy and Commerce Committee’s Environment, Manufacturing, and Critical Materials Subcommittee, urging the committee to oppose the U.S. Environmental Protection Agency’s authorization of new California regulations on locomotive emissions.

The regulations, implemented by the California Air Resources Board, state that all locomotives in California must be zero-emission models by 2030. Under the Clean Air Act, the EPA must approve CARB’s regulations before they can be finalized, but the agency has yet to issue a final decision.

ABC’s letter, submitted in advance of a May 15 subcommittee hearing on the EPA’s budget with Administrator Michael Regan, outlines the enormous cost of compliance with this regulation and the potential for wide-ranging impacts on key aspects of the construction materials supply chain. The letter requested that the subcommittee strongly question Administrator Regan regarding the agency’s position on the ban.

ABC previously joined a coalition of industry stakeholders in comments to the EPA asking the agency to deny authorization of the ban.

On May 8, the U.S. House Committee on Small Business held a hearing titled, “Stifling Innovation: Examining the Impacts of Regulatory Burdens on Small Businesses in Healthcare.” Prior to the hearing, ABC sent a letter calling on Congress to provide compliance relief for employers by streamlining reporting requirements brought on by the Affordable Care Act.

ABC also highlighted its work with the Partnership for Employer-Sponsored Coverage that has laid out principles and priorities that are critical to ensuring employment-based health insurance thrives.

You can watch the full committee meeting here.

On April 8, ABC sent a letter to members of the U.S. House of Representatives in support of H.R. 6655, A Stronger Workforce for America Act. This bipartisan legislation reauthorizes the Workforce Innovation and Opportunity Act for the first time in nearly a decade and promotes America’s economic competitiveness. Most critically for ABC, H.R. 6655 supports an all-of-the-above approach to work-based learning and seeks true modernization and bipartisan input to support WIOA’s success.

On March 25, ABC sent a letter to the House Committee on Education and the Workforce in support of H.R. 7784, the Start Applying Labor Transparency Act, introduced by Rep. Burgess Owens, R-Utah. The SALT Act would require labor organizations and their consultants to report when they engage in a coercive tactic known as “salting”— a process where unions send professionally trained organizers into merit shop workplaces under the guise of seeking employment. Once hired, these “salts” often try to create a toxic work environment, mislead co-workers and destroy their employers or deliberately increase costs through various actions, all while concealing that their purpose in the workplace is to serve the interests of organized labor.

On March 21, the House Committee on Education and the Workforce passed the ABC-supported H.J. Res. 116, the Congressional Review Act resolution to nullify the U.S. Department of Labor’s independent contractor final rule, in a 21-13 vote with all Republicans present voting in support. Ahead of the markup, ABC sent a letter in support of the resolution and urged committee members to report it for a full House vote.

Learn more about the 2024 final rule. Also, watch the ABC-members only archived webinar in the Academy, "Learn What the DOL's Final Independent Contractor Rule Means for ABC Members."

On March 19, ABC sent a letter in support of H.R. 7023, “Creating Confidence in Clean Water Permitting Act,” sponsored by Rep. David Rouzer, R-N.C. H.R. 7023 includes provisions from five standalone, ABC-supported bills that passed out of the House Committee on Transportation and Infrastructure on Jan. 31, including the Nationwide Permitting Improvement Act, the Reducing Permitting Uncertainty Act, the Judicial Review Timeline Clarity Act, the Water Quality Criteria Development and Transparency Act, and the Confidence in Clean Water Permits Act. ABC believes that this bill represents the best and most comprehensive federal regulatory permitting and project review reform legislation on the table this Congress and will go a long way toward eliminating unnecessary delays that cause budget overruns in construction.

On March 6, ABC sent a key vote letter to the U.S. Senate urging Senators to support the U.S. House of Representatives-passed H.J. Res. 98, Joint Employer CRA resolution of disapproval. If enacted, H.J. Res. 98 would not only prevent the rule from going into effect but would also prohibit a similar rule from being issued in the future.

In October 2023, the National Labor Relations Board released their ABC-opposed joint employer final rule. The final rule 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. ABC believes the new joint employer final rule will drastically alter existing contractor and subcontractor relationships in the construction industry, implementing a harsh new standard that will complicate this long-standing business arrangement and hit many smaller contractors with unsustainable legal and compliance costs.

On Jan. 12, the House passed H.J. Res 98 in a 206-177 vote, with 8 Democrats supporting. The resolution faces a more uncertain path in the Senate where a simple majority is needed to pass. Although President Biden has vowed to veto the resolution, passage in the House and Senate would send a strong message to the administration as they continue to implement harmful labor policies.

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.