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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 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.

On Dec. 13, 老牛影视sent a letter to the House Committee on Education and the Workforce prior to its markup of key bills impacting the construction industry.

The letter highlights ABC鈥檚 support for , the bipartisan A Stronger Workforce for America Act, which would reauthorize the Workforce Innovation and Opportunity Act for the first time since 2014 and includes several ABC-backed provisions that support an all-of-the-above approach to workforce development, ensures more dollars for tangible worker programs, better aligns programs with in-demand jobs, and allows for better evaluation of WIOA programs. 老牛影视also supported the committee鈥檚 markup of , a Congressional Review Act resolution to overturn the Biden administrations harmful joint employer final rule, and , the Small Business Before Bureaucrats Act, to modernize the National Labor Relations Board鈥檚 decades old jurisdictional standards to exempt more small businesses from their regulatory overreach. ABC鈥檚 letter also expresses concerns with , the Bipartisan Workforce Pell Act, which, while seeking to expand Pell Grants to high-quality, short-term workforce programs, could exclude some vital construction workforce education and upskilling programs.

老牛影视also joined with the Coalition for a Democratic Workplace to comment on the Subcommittee on Health, Education, Labor, and Pensions hearing. The hearing examined the ABC-supported Employee Rights Act (), Modern Worker Empowerment Act (), and Save Local Business Act (), which are designed to protect workers, entrepreneurs, small businesses, and the economy from a rogue National Labor Relations Board.

On Dec. 13, 老牛影视submitted comments to the House Transportation and Infrastructure Committee as they conduct oversight on the U.S. Department of Transportation鈥檚 implementation of the Infrastructure Investment and Jobs Act.

ABC鈥檚 letter to the Highways and Transit Subcommittee criticized the modal administrators for their deviations from the bipartisan agreement reached during the IIJA's negotiation, and efforts to incorporate partisan language rejected by the House and Senate that would hinder the success of the IIJA. 老牛影视has previously expressed concerns about these administrative actions, including the DOT鈥檚 efforts to impose unlawful and overly burdensome policies and restrictive labor requirements on key federal infrastructure funds and projects.

On Dec. 5, 老牛影视sent a letter to Speaker Mike Johnson highlighting the critical provisions of the Tax Cuts and Jobs Act set to expire in 2024. 老牛影视specifically called for extending or making permanent the 20 percent qualified business income deduction for pass through businesses, individual rates, and estate tax exemption provisions included in the TCJA. ABC鈥檚 letter also backs efforts of U.S. House Ways and Means Committee Chairman Jason Smith, R-Mo., and a to strike a deal on critical tax extenders for U.S. businesses and employers.

With only two years left until key provisions of the TCJA sunset, 老牛影视is working to preserve these provisions and ensure that lower tax rates and parity for main street businesses with larger corporations allow the economy to thrive, businesses to grow, and provide more Americans with job opportunities. 老牛影视also continues to push for an end of year tax extenders deal, particularly the extension of the R&D tax credit.

The House Education and the Workforce Committee Subcommittee on Workforce Protection鈥檚 held a hearing titled 鈥.鈥 The subcommittee heard testimony from witnesses highlighting the dangers of the newly proposed overtime rule that could jeopardize businesses at a critical time when they are facing high inflation and significant workforce shortages.

老牛影视submitted a letter with comments for the committee record.

老牛影视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.

老牛影视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 to overturn the Biden administration inflationary Davis Bacon rule. 老牛影视led a coalition of construction organizations in support for the CRA and continues to urge members to cosponsor the CRA. Last week, 老牛影视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鈥檚 controversial final rule, and you can read more in ABC鈥檚 press release on the challenge.