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.

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

On April 19, Sen. Tim Scott, R-S.C., and Rep. Rick Allen, R-Ga., reintroduced the ABC-supported Employee Rights Act. The Employee Rights Act stands in stark contrast to the ABC-opposed PRO Act and would strengthen the rights, flexibility and privacy protections of workers. In the face of the Biden administration—through the National Labor Relations Board and U.S. Department of Labor—seeking to implement provisions of the PRO Act through regulatory action, the ERA would prevent this executive overreach through ensuring the use of secret ballots in union elections; stimulating local businesses and entrepreneurship opportunities; defending worker choice and independent contractors; protecting workers from unwanted political exploitation; and safeguarding employee privacy.

ABC signed a letter of support for the bill, which also received support letters from the Coalition for a Democratic Workplace and a diverse coalition of associations and organizations.

ABC also issued a press release highlighting our support for the ERA, and an action alert urging members of Congress to cosponsor the bill.

On April 19, the House Ways and Means Committee held a hearing on “The U.S. Tax Code Subsidizing Green Corporate Handouts and the Chinese Communist Party.” The hearing focused on the tax breaks included in the partisan Inflation Reduction Act that was passed through the reconciliation process last Congress. The committee highlighted the tax credits increased expected cost to taxpayers, and the ability of foreign countries, including China, and larger corporations to benefit from these tax credits at the expense of taxpayers and smaller businesses throughout the country. Reports have indicated that Republicans in the House are considering a repeal of these tax credits as part of the negotiations surrounding the debt limit.

ABC submitted comments to the committee highlighting concerns with the IRA energy tax credits and the “bonus rate” tied to prevailing age and registered apprenticeships requirements. ABC believes that repealing these ill-advised tax credits will not only save taxpayer dollars but will also give Congress a new opportunity to work toward bipartisan energy incentivizes to unleash America’s potential and allow our entire qualified construction workforce to meaningfully participate in critical projects across the country.

On April 18, the U.S. House of Representatives will vote to override President Joe Biden’s veto of H.J. Res. 27, a joint resolution of disapproval under the Congressional Review Act of the Environmental Protection Agency and the Army Corps of Engineers’ 2023 revised Waters of the United States regulation. ABC has key voted today’s vote and issued an action alert.

President Biden vetoed H.J. Res. 27, which passed both chambers of Congress with strong bipartisan support. While the override is unlikely to garner the 2/3 vote of the chamber required, this resolution rebukes the Biden administration’s flawed, burdensome and overreaching WOTUS rule that will result in sweeping changes to the federal government’s authority to regulate what is considered a navigable water, with enormous impacts on small businesses, developers and contractors. The Biden WOTUS rule is set to cause building delays due to regulatory uncertainty, increased permitting and mitigation costs, and make it more difficult and expensive to grow food, produce energy and build critical infrastructure for the 21st century.

On April 20, the Senate Health, Education, Labor and Pensions Committee is scheduled to hold a hearing on the nomination of Julie Su to serve as the next U.S. Secretary of Labor. Su, who was approved as the No. 2 at Labor by the Senate last Congress in a party line 50-47 vote, previously served as California Labor Secretary. Before holding the Secretary of Labor role in California, Su also served as California Labor Commissioner from 2011 through 2018. Su was also one of the top architects of California’s controversial Assembly Bill 5 (AB5) law, which instituted an arbitrary and vague three-stage, “ABC” test to prove a worker is an independent contractor instead of an employee.

On April 17, ABC sent a letter, notifying the Senate Health, Education, Labor and Pensions Committee of our opposition to Julie Su to serve as the next U.S. Secretary of Labor.

On March 30, ABC joined a coalition of trade and business organizations in a letter to the committee raising considerable questions around the nomination of Su and her questionable record over the past years as Deputy Secretary and her previous role in California, and urging the committee to question Su on the current challenges facing the Department of Labor and the workforce in the United States.

ABC believes that during her time as Deputy Secretary, Ms. Su has shown she is unwilling or unable to consider the concerns of thousands of our nation’s small business and millions of workers who face daunting challenges under the DOL’s current regulatory agenda. Without assurances from Ms. Su that the voices of the majority of small businesses will be heard at DOL, ABC will be forced to continue to raise serious concerns with her nomination.

On March 29, ABC sent a key vote letter to the House supporting H.R. 1, the Lower Energy Costs Act. H.R. 1 is top priority legislation for the 118th Congress and contains several permitting reform provisions, including the ABC-supported BUILDER Act, which will go a long way toward eliminating unnecessary delays that cause budget overruns in construction. The BUILDER Act codifies key elements of the One Federal Decision Framework, including development by the lead agency of a joint schedule; procedures to elevate delays or disputes; preparation of a single environmental impact statement; and joint Record of Decision—all to the extent practicable, set, reasonable time limits are imposed for environmental reviews and establish reasonable page limits for environmental documents. Additionally, the energy and commerce division of H.R. 1 focuses on expanding American energy production potential by repealing the natural gas tax and the green bank provisions of the reckless tax and spend Inflation Reduction Act.

ABC also issued an action alert in support of the bill.