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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 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.

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 May 9, ABC led a coalition of small business and construction organizations in a letter expressing concerns with new recommendations to the U.S. Department of Labor from the DOL’s Advisory Committee on Apprenticeship.

On May 10, the U.S. Department of Labor’s Advisory Committee on Apprenticeship voted to approve recommendations to the DOL for potential revisions to the National Apprenticeship System. The ACA is an advisory body comprised of representatives from industries, labor organizations and other members of the public that provides advice to the agency on government-registered apprenticeship programs. These recommendations will inform the DOL’s upcoming proposed rule revising the GRAP system, currently targeted for June 2023.

Included in the recommendations are suggestions for the DOL to establish a new “Quality Seal” program for GRAPs. Programs would be required to meet certain wage requirements, completion rates and apprentice-to-journeyworker ratios in order to receive the Quality Seal and accompanying preferential treatment for federal funding of GRAPs. Employer participants in Quality Seal GRAPs would receive preferential treatment in the bidding and awarding of federal and federally assisted construction projects. Additionally, some members of the ACA recommended that all GRAPs should be required to guarantee graduates such wages deemed “family-sustaining” by the DOL.

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.

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.