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THE VOICE OF THE MERIT SHOP

老牛影视is the voice of the merit shop on Capitol Hill! Sending letters to Congress allows 老牛影视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, 老牛影视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

老牛影视is the voice of the merit shop on Capitol Hill! Sending letters to Congress allows 老牛影视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, 老牛影视promotes fair and open competition in the construction industry and fights to protect merit shop contractors around the country.

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鈥檚 independent contractor final rule, in a 21-13 with all Republicans present voting in support. Ahead of the markup, 老牛影视sent a letter in support of the resolution and urged committee members to report it for a full House vote.

. Also, watch the ABC-members only archived webinar in the Academy, "Learn What the DOL's Final Independent Contractor Rule Means for 老牛影视Members."

On March 19, 老牛影视sent a letter in support of H.R. 7023, 鈥淐reating Confidence in Clean Water Permitting Act,鈥 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. 老牛影视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, Rep. Kevin Kiley, R-Calif., and Sen. Bill Cassidy, R-La., a Congressional Review Act to overturn the DOL鈥檚 new Independent Contractor final rule.

老牛影视sent a letter to members of the House and Senate expressing support for the CRA resolution. 老牛影视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, 老牛影视remains committed to ensuring that this issue remains a priority for Congress this session.

Learn more about this issue, including ABC鈥檚 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 鈥淟eveling the Playing Field: Challenges Facing Small Business Contracting.鈥 老牛影视sent a letter detailing the significant hurdles small businesses face while competing for federal construction projects, specifically through the Biden administration鈥檚 implementation of government mandated project labor agreements and a new . Cited in the letter was ABC鈥檚 Construction Backlog Indicator that declined to 8.4 months in January, according to an 老牛影视member survey conducted from Jan. 22 to Feb. In addition, the National Federation of Independent Business鈥 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 .

On Feb. 15, the U.S. House Committee on Transportation & Infrastructure Subcommittee on Highways and Transit held a hearing on the Implementation of Buy America Provisions of the Infrastructure Investment and Jobs Act. In a letter to the Subcommittee, 老牛影视expressed concern over the immediate implementation of the guidance鈥檚 domestic content requirements. In 2023, 老牛影视 on the proposed guidance to urge OMB to balance Buy America requirements with safeguards against increased costs and delays of infrastructure projects funded by taxpayers.

You can view the full hearing .

On Feb. 14, the House Committee on Natural Resources Subcommittee on Water, Wildlife and Fisheries held a on several bills, including the ABC-supported .

Ahead of the hearing, 老牛影视sent a letter in support of recognizing the Endangered Species Act鈥檚 purpose of protecting species threatened with extinction and the need for science-based, data-driven actions that conserve those species and the habitats on which they depend. The ESA Flexibility Act gives the U.S. Department of the Interior and U.S. Fish and Wildlife Service additional leeway when dealing with species listed as endangered under the ESA. While these agencies are already granted flexibility with species deemed 鈥渢hreatened,鈥 this bill would allow for fit-for-purpose protections of 鈥渆ndangered鈥 species while reducing undue regulatory burdens on development. The ESA Flexibility Act will allow for better management of species listed as endangered under the Endangered Species Act, such as the ABC-supported delisting of the northern long-eared bat.

You can view a recording the Subcommittee hearing .

On Feb. 1, 老牛影视joined a letter to members of the U.S. House of Representatives鈥 Committees on Small Business and of the Judiciary supporting reform in implementation of the Regulatory Flexibility Act. You can find a link to the coalition here. The letter urges legislative action to strengthen the meaningful input of small businesses in federal regulatory processes and ensure that the intent of the Regulatory Flexibility Act is fulfilled. The Regulatory Flexibility Act (RFA) encourages federal regulatory agencies to consider negative impacts of new mandates in an effort to prevent excessive red tape on small businesses.

Loopholes in the RFA allow federal regulators to bypass the law's requirements and misrepresent costs of new mandates.

On Jan. 31, the House Transportation and Infrastructure Committee held a on several ABC-supported bills focused on permitting reform and increasing Clean Water Act efficiency. Ahead of the markup, 老牛影视sent a letter in support of H.R. 7023, which was comprised of the five bills below, and joined members of the Waters Advocacy Coalition in a letter encouraging the full committee to report the bills favorably to the full House. This legislation passed the committee by a and is seen as the 118th Congress鈥 next step in securing permitting reform wins, some of which were achieved in last year鈥檚 Fiscal Responsibility Act. 老牛影视believes the Committee approved bill will streamline the process for permit seekers and holders, as well as provide greater clarity for permitting agencies while eliminating unnecessary delays that can cause budget overruns in construction.

  • seeks to codify longstanding interpretations and practices concerning Nationwide Permits, offering clarity on several contentious areas within the established process. This bill proposes extending the reissuance period for general permit holders from five to 10 years. It also specifies that only categories falling under the Clean Water Act鈥檚 Section 404 authority are considered when issuing NWPs.
  • aims to restrict the U.S. Environmental Protection Agency from preemptively vetoing a Clean Water Act Section 404 dredge and fill permit or revoking it after Corps approval without due process. Under this act, the EPA鈥檚 veto authority is constrained to the period while a permit application is pending through the standard permitting process, aligning with the original intent of the CWA.
  • intends to establish a more transparent procedure for EPA's development of water quality criteria, crucial for NPDES permits. This bill seeks to enhance public participation and introduce limited judicial review, ensuring stakeholders have a voice in the process and water quality standards are adequately protected.
  • proposes reasonable timelines for judicial review of Clean Water Act Section 404 permits, fostering efficiency in project authorization. It mandates that any lawsuit challenging a Section 404 permit must be filed within 60 days of issuance and sets deadlines for compliance in case of remand by the court.
  • aims to ensure that permits only include clear, objective limits on pollutants or water conditions. It also reinforces the principle that permit holders are shielded from liability as long as they adhere to the terms of their NPDES permits and provide relevant information during the application process.

On Jan. 19, the House Ways and Means Committee, held a markup of the bipartisan, bicameral tax proposal to extend key tax proposals, negotiated by Senate Finance Chairman Ron Wyden, D-Ore., and House Ways and Means Chairman Jason Smith, R-Mo. The Committee passed the bill by a bipartisan vote of 40-3, with the panel鈥檚 top Democrat, Rep. Richie Neal, D-Mass., supporting the bill, indicating that Democratic House leaders will likely follow his lead.

老牛影视provided a letter of support for the proposal, but also expressed concerns with the bill鈥檚 provisions that end the COVID-related Employee Retention Tax Credit on January 31, 2024, and implement new penalties for taxpayers and preparers. While the program has been heavily criticized for its excessive costs and fraudulent claims, 老牛影视urged the committee to ensure those acting in good faith do not face undue penalties. Sen. Wyden and Rep. Smith aim to pass the tax package before Jan. 29 to avoid disruptions to filing season.

Key to 老牛影视members and the construction industry are the bill鈥檚 provisions to expand innovation and competitiveness with pro-growth economic policies that include:

  • Research & Development (R&D) expensing so businesses of all sizes can immediately deduct the cost of their U.S. R&D investments instead of over 5 years 鈥 supporting innovation and growth here at home.
  • Interest deductibility to help small- and medium-sized businesses meet payroll and grow 鈥 particularly at a time of high interest rates.
  • 100% expensing for business investment in U.S. facilities, equipment, and machines
  • Increase in the maximum amount a taxpayer may expense from $1 million to $1.29 million for property placed in service starting in 2024

The Committee鈥檚 press release can be found , markup documents , and a section-by-section .

This week, the House will vote on , a resolution to block the National Labor Relations Board鈥檚 . 老牛影视issued a key vote in support of the resolution and against the new rule that has from 老牛影视and a number of the nation鈥檚 major business groups.

The final rule, set to take effect in February, rescinds and replaces the , which provided clear criteria for companies to apply when determining their joint employer status, and will disrupt existing contractor and subcontractor relationships throughout the construction industry. The resolution is expected to pass the House with at least some bipartisan support and Sens. Bill Cassidy, R-La., and Joe Manchin, D-W.Va., have been leading the effort to defeat the NLRB rule in the upper chamber.