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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.

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, 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 June 13, ABC sent a letter to the U.S. House Ways and Means Committee for its markup of H.R. 3938, the Build It in America Act. ABC support this legislation, which would extend key provisions of the ABC-supported Tax Cuts and Jobs Act and provide additional certainty to the construction industry, including the deduction for research and development and the extension of the 100% bonus depreciation.

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 23, ABC submitted comments to the House Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions ahead of the subcommittee’s hearing entitled, “Protecting Employees’ Rights: Ensuring Fair Elections at the NLRB.” ABC’s letter highlighted the value of secret ballot elections to ensure that workers have a privacy protected vote that reflects their true preference for unionization in their workplace, criticized the NLRB for recent rulings, and expressed support for the Employee Rights Act that ensures the freedoms, rights, and choices of all America’s workers. You can view the full letter that was submitted for the record here.

This week, U.S. House Education and the Workforce Committee Ranking Member Bobby Scott, D-Va., reintroduced the ABC-opposed National Apprenticeship Act. ABC sent a letter to the Committee on April 27 highlighting concerns with the proposal and urging better access to apprenticeship opportunities for all of America’s workers.

While this bill has been proposed as a way to expand apprenticeship opportunities in America, in practice, the bill would limit access to apprenticeships for non-union employers and limit the flexibility of apprenticeship programs throughout the country. ABC key voted against this ill-advised apprenticeship bill on the House floor last Congress, when the Democratic majority pushed the bill through a vote of 247-173. Dr. Virginia Foxx, R-N.C., the Committee Chairwoman, opposed the bill last Congress, and with Republicans in control of the Committee and the House it is not likely to receive a floor vote.

On April 25, ABC sent a letter of support for House Republican Leadership’s proposal to increase the debt ceiling while tackling Washington spending in a proposal that would save $4.5 trillion through slowed growth in government spending and cuts to priorities of the Biden administration.

The Limit, Save, Grow Act would establish spending levels for fiscal year 2024 at FY22 levels and allow only for 1% annual growth over the next 10 years, in exchange for raising the debt limit by $1.5 trillion or through March 31, 2024, whichever comes first. You can view a one-pager of the bill.

The bill also goes after the White House’s priorities, including rescinding funding under the Democrats’ Inflation Reduction Act, tax and spend reconciliation package from last year for IRS enforcement funding that will burden American taxpayers and small businesses with more audits and increased compliance costs; repealing ABC-opposed IRA energy tax credits that include burdensome and discriminatory prevailing wage and apprenticeship requirements; ending the President’s executive action on student loan forgiveness; and reclaiming unspent COVID funds.

Additionally, the bill includes ABC-supported legislation, the REINS Act to block excessively burdensome agency rules and regulations, and H.R. 1 to unleash America’s energy production and ensure American energy independence.

On April 25, Senator Roger Marshall, R-Kan., and Rep. James Comer, R-Ky., introduced the Save Local Business Act to make clear that an employer may be considered a joint employer in relation to an employee only if such employer directly, actually, and immediately exercises significant control over the essential terms and conditions of employment. ABC joined a coalition in support of the legislation, and issued a statement of support for the bill:

“The Save Local Business Act would combat destructive efforts to alter the long-standing joint employer standard and undermine the traditional business relationships between contractors and subcontractors. This legislation would ensure much-needed clarity, protect construction workers’ ability to own their own business and allow hundreds of thousands of small and local businesses throughout the country to continue to grow American jobs and help our economy thrive.” – Kristen Swearingen, Associated Builders and Contractors vice president of legislative & political affairs