ABC and a coalition of construction organizations have been working to oppose a planned proposal by Sens. Lindsay Graham, R-S.C., and Alex Padilla, D-Calif., dubbed the Seasonal Employer Protection Act. This new legislation is a reiteration of previously shot-down proposals that would impose harmful and unjustified restrictions on the access of the construction industry to the H-2B seasonal guest worker program.

Included in the legislation is a new requirement for employers in the construction industry to enter into a collective bargaining agreement with a labor organization as a condition of receiving an H-2B temporary labor certification. This new requirement would harm the more than 88% of the construction industry that has chosen not to join a union and establish labor organizations as the gatekeepers of H-2B for construction.

ABC also issued an action alert and urges members to contact their U.S. Senators and Representatives to oppose this harmful legislation.

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 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.

On September 13, ABC submitted comments to the House Oversight and Accountability Subcommittee on Health Care and Financial Services hearing titled, “The Inflation Reduction Act: A Year in Review.” ABC’s letter expressed our concerns about anti-competitive and inflationary policy in the IRA that grants developers of clean energy construction projects a bonus tax credit 500% greater than a baseline tax credit of 6% conditioned on satisfying controversial prevailing wage and government-registered apprenticeship requirements.

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.

Congressman Lloyd Smucker, R-Pa., introduced the Main Street Tax Certainty Act, H.R. 4721, legislation which would permanently extend Section 199A of the Internal Revenue Code, which is slated to expire in 2025. Smucker’s bipartisan legislation is cosponsored by 99 Members, including two Democrats, and is supported by all Republican Members of the Ways & Means Committee.

Section 199A, which was adopted as part of the landmark 2017 Tax Cuts and Jobs Act, allows for a 20 percent deduction of qualified income for pass-through businesses. Most small business are structured as a pass-through and this section was included in the Tax Cuts and Jobs Act to promote equity in America’s tax code between small businesses on main street with larger corporations.

ABC joined over 160 organizations in support of the legislation, and also supported mirror legislation in the Senate introduced by Sen. Steve Daines, R-Mont. Earlier this year.

On June 26, ABC submitted comments to the House Education and the Workforce Committee following the committee’s hearing titled: “Competencies Over Degrees: Transitioning to a Skills-Based Economy.” ABC’s letter offers recommendations as the committee considers the reauthorization of the Workforce Innovation and Opportunity Act in the 118th Congress and encourages the committee to enact policies that would provide further opportunities for all of America’s workers as we face a critical workforce shortage in the construction industry.

The hearing focused on key issues impacting today’s workforce, including the value of registered and industry recognized apprenticeships, Pell Grants, skills assessments and credentials. You may view the full committee hearing here.

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.