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Income and expense are whole-filing amounts associated with this lobbyist, not personal compensation or an allocated share.
No topic inference: each bill number appears in source LDA issue text assigned to this lobbyist.
RAIL Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NAC advocated for and secured two letters to Treasury Secretary Janet Yellen from Rep. John Moolenaar (R-MI) and Sen. Shelley Moore Capito (R-WV) requesting detailed guidance for the Superfund Tax, along with penalty relief until improved clarity is achieved. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals.
Specific issues are shown only where the LDA source assigned them to this lobbyist. Targets apply to the associated filing.
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2023 · second_quarter · Q2
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges.
Source: Senate LDA
RAIL Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NAC advocated for and secured two letters to Treasury Secretary Janet Yellen from Rep. John Moolenaar (R-MI) and Sen. Shelley Moore Capito (R-WV) requesting detailed guidance for the Superfund Tax, along with penalty relief until improved clarity is achieved. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
RAIL Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
RAIL Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was to intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. The committees of jurisdiction are the House Committee on Homeland Security, House Committee on Energy & Commerce, and the Senate Committee on Homeland Security & Governmental Affairs. No legislation has been introduced to-date. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals.
RAIL Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
RAIL Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House. NACD advocated in support of including additional paid sick days in any legislated rail labor legislation moving forward. NACD advocated for the inclusion of chemical distribution facilities in the definition of covered critical infrastructure as it relates to drone policy.
RAIL Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of H.R.3408, the DRIVE Safe Integrity Act of 2023, introduced by Rep. Rick Crawford (R-AR) on May 17, 2023. This bill builds off the pilot program that was included in the 2021 bipartisan Infrastructure Investment and Jobs Act. However, that program has been bogged down by extraneous requirements from the U.S. Department of Transportation (DOT), meaning it has seen fewer than a dozen of the expected 3,000 enrollees. NACD has long support efforts to increase the number of young commercial drives in a safe manner, and has supported similar efforts in previous sessions of Congress. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House.
RAIL Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
RAIL Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of H.R.3408, the DRIVE Safe Integrity Act of 2023, introduced by Rep. Rick Crawford (R-AR) on May 17, 2023. This bill builds off the pilot program that was included in the 2021 bipartisan Infrastructure Investment and Jobs Act. However, that program has been bogged down by extraneous requirements from the U.S. Department of Transportation (DOT), meaning it has seen fewer than a dozen of the expected 3,000 enrollees. NACD has long support efforts to increase the number of young commercial drives in a safe manner, and has supported similar efforts in previous sessions of Congress. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of H.R.3408, the DRIVE Safe Integrity Act of 2023, introduced by Rep. Rick Crawford (R-AR) on May 17, 2023. This bill builds off the pilot program that was included in the 2021 bipartisan Infrastructure Investment and Jobs Act. However, that program has been bogged down by extraneous requirements from the U.S. Department of Transportation (DOT), meaning it has seen fewer than a dozen of the expected 3,000 enrollees. NACD has long support efforts to increase the number of young commercial drives in a safe manner, and has supported similar efforts in previous sessions of Congress. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was to intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. The committees of jurisdiction are the House Committee on Homeland Security, House Committee on Energy & Commerce, and the Senate Committee on Homeland Security & Governmental Affairs. No legislation has been introduced to-date. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NAC advocated for and secured two letters to Treasury Secretary Janet Yellen from Rep. John Moolenaar (R-MI) and Sen. Shelley Moore Capito (R-WV) requesting detailed guidance for the Superfund Tax, along with penalty relief until improved clarity is achieved. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House. NACD advocated in support of including additional paid sick days in any legislated rail labor legislation moving forward. NACD advocated for the inclusion of chemical distribution facilities in the definition of covered critical infrastructure as it relates to drone policy.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of H.R.3408, the DRIVE Safe Integrity Act of 2023, introduced by Rep. Rick Crawford (R-AR) on May 17, 2023. This bill builds off the pilot program that was included in the 2021 bipartisan Infrastructure Investment and Jobs Act. However, that program has been bogged down by extraneous requirements from the U.S. Department of Transportation (DOT), meaning it has seen fewer than a dozen of the expected 3,000 enrollees. NACD has long support efforts to increase the number of young commercial drives in a safe manner, and has supported similar efforts in previous sessions of Congress. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NAC advocated for and secured two letters to Treasury Secretary Janet Yellen from Rep. John Moolenaar (R-MI) and Sen. Shelley Moore Capito (R-WV) requesting detailed guidance for the Superfund Tax, along with penalty relief until improved clarity is achieved. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
Richard L. Trumka Protecting the Right to Organize Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocates in opposition to the companion legislation H.R.20/S.567, the Richard L. Trumka Protecting the Right to Organize Act of 2023. H.R.20 was introduced on February 28, 2023, by Rep. Bobby Scott (D-VA-03), and S.567 was introduced on February 28, 2023, by Sen. Bernie Sanders (I-VT). This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Specifically, it revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; permits labor organizations to encourage the participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary, and it expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or join collective or class-action litigation. Finally, the bill addresses the procedures for union representation elections, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders. - The PRO Act has not yet passed out of committee in the House or Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. - NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. NACD advocated in support of including additional paid sick days in any legislated rail labor legislation moving forward.
Richard L. Trumka Protecting the Right to Organize Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocates in opposition to the companion legislation H.R.20/S.567, the Richard L. Trumka Protecting the Right to Organize Act of 2023. H.R.20 was introduced on February 28, 2023, by Rep. Bobby Scott (D-VA-03), and S.567 was introduced on February 28, 2023, by Sen. Bernie Sanders (I-VT). This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Specifically, it revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; permits labor organizations to encourage the participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary, and it expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or join collective or class-action litigation. Finally, the bill addresses the procedures for union representation elections, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders. - The PRO Act has not yet passed out of committee in the House or Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. - NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. NACD advocated in support of including additional paid sick days in any legislated rail labor legislation moving forward.
DRIVE Safe Integrity Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of H.R.3408, the DRIVE Safe Integrity Act of 2023, introduced by Rep. Rick Crawford (R-AR) on May 17, 2023. This bill builds off the pilot program that was included in the 2021 bipartisan Infrastructure Investment and Jobs Act. However, that program has been bogged down by extraneous requirements from the U.S. Department of Transportation (DOT), meaning it has seen fewer than a dozen of the expected 3,000 enrollees. NACD has long support efforts to increase the number of young commercial drives in a safe manner, and has supported similar efforts in previous sessions of Congress. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House.
DRIVE Safe Integrity Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of H.R.3408, the DRIVE Safe Integrity Act of 2023, introduced by Rep. Rick Crawford (R-AR) on May 17, 2023. This bill builds off the pilot program that was included in the 2021 bipartisan Infrastructure Investment and Jobs Act. However, that program has been bogged down by extraneous requirements from the U.S. Department of Transportation (DOT), meaning it has seen fewer than a dozen of the expected 3,000 enrollees. NACD has long support efforts to increase the number of young commercial drives in a safe manner, and has supported similar efforts in previous sessions of Congress. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House.
Richard L. Trumka Protecting the Right to Organize Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocates in opposition to the companion legislation H.R.20/S.567, the Richard L. Trumka Protecting the Right to Organize Act of 2023. H.R.20 was introduced on February 28, 2023, by Rep. Bobby Scott (D-VA-03), and S.567 was introduced on February 28, 2023, by Sen. Bernie Sanders (I-VT). This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Specifically, it revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; permits labor organizations to encourage the participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary, and it expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or join collective or class-action litigation. Finally, the bill addresses the procedures for union representation elections, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders. - The PRO Act has not yet passed out of committee in the House or Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. - NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. NACD advocated in support of including additional paid sick days in any legislated rail labor legislation moving forward.
Richard L. Trumka Protecting the Right to Organize Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocates in opposition to the companion legislation H.R.20/S.567, the Richard L. Trumka Protecting the Right to Organize Act of 2023. H.R.20 was introduced on February 28, 2023, by Rep. Bobby Scott (D-VA-03), and S.567 was introduced on February 28, 2023, by Sen. Bernie Sanders (I-VT). This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Specifically, it revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; permits labor organizations to encourage the participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary, and it expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or join collective or class-action litigation. Finally, the bill addresses the procedures for union representation elections, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders. - The PRO Act has not yet passed out of committee in the House or Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. - NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. NACD advocated in support of including additional paid sick days in any legislated rail labor legislation moving forward.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NAC advocated for and secured two letters to Treasury Secretary Janet Yellen from Rep. John Moolenaar (R-MI) and Sen. Shelley Moore Capito (R-WV) requesting detailed guidance for the Superfund Tax, along with penalty relief until improved clarity is achieved. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House. NACD advocated in support of including additional paid sick days in any legislated rail labor legislation moving forward. NACD advocated for the inclusion of chemical distribution facilities in the definition of covered critical infrastructure as it relates to drone policy.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NAC advocated for and secured two letters to Treasury Secretary Janet Yellen from Rep. John Moolenaar (R-MI) and Sen. Shelley Moore Capito (R-WV) requesting detailed guidance for the Superfund Tax, along with penalty relief until improved clarity is achieved. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of H.R.3408, the DRIVE Safe Integrity Act of 2023, introduced by Rep. Rick Crawford (R-AR) on May 17, 2023. This bill builds off the pilot program that was included in the 2021 bipartisan Infrastructure Investment and Jobs Act. However, that program has been bogged down by extraneous requirements from the U.S. Department of Transportation (DOT), meaning it has seen fewer than a dozen of the expected 3,000 enrollees. NACD has long support efforts to increase the number of young commercial drives in a safe manner, and has supported similar efforts in previous sessions of Congress. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was to intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. The committees of jurisdiction are the House Committee on Homeland Security, House Committee on Energy & Commerce, and the Senate Committee on Homeland Security & Governmental Affairs. No legislation has been introduced to-date. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals.
Railway Safety Act of 2023
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in support of H.R.3408, the DRIVE Safe Integrity Act of 2023, introduced by Rep. Rick Crawford (R-AR) on May 17, 2023. This bill builds off the pilot program that was included in the 2021 bipartisan Infrastructure Investment and Jobs Act. However, that program has been bogged down by extraneous requirements from the U.S. Department of Transportation (DOT), meaning it has seen fewer than a dozen of the expected 3,000 enrollees. NACD has long support efforts to increase the number of young commercial drives in a safe manner, and has supported similar efforts in previous sessions of Congress. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House.
Providing for a correction in the enrollment of H.J. Res. 100.
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Providing for a correction in the enrollment of H.J. Res. 100.
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and the Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks, and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about chemical distributors' compliance challenges. NACD encouraged members of the House of Representatives to sign a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Providing for a correction in the enrollment of H.J. Res. 100.
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Providing for a correction in the enrollment of H.J. Res. 100.
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. NACD advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. Legislation that serves, as a solution to the Multiemployer Pension Solvency Crisis, creating a new administration within the Treasury Department to issue loans to plans with (a) critical and declining, (b) critical, or (c) insolvent status. While generally supporting an immediate resolution of the crisis as well as moving the debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multi-employer pensions. Legislation that would bring the Fair Labor Standards Act (FLSA) into the 21st century by updating the definition of employee, conforming the definition of employee with other New Deal era statutes that already apply a common-law definition for the term, and reconciling the FLSA with more recent U.S. Supreme Court decisions. Legislation that would (a) force companies to turn over personally identifying information such as addresses, contact information, and shift information on employees to unions, (b) shorten the amount of time businesses would have to prepare for union certifying elections (c) modify the tests for independent-contractor and joint-employer to definitions not consistent with current employment trends, and make many other changes to labor and employment law that would be better debated individually. NACD is in opposition to this bill.
To provide for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees.
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
To provide for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees.
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and the Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks, and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about chemical distributors' compliance challenges. NACD encouraged members of the House of Representatives to sign a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
To provide for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees.
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
To provide for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees.
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. NACD advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. Legislation that serves, as a solution to the Multiemployer Pension Solvency Crisis, creating a new administration within the Treasury Department to issue loans to plans with (a) critical and declining, (b) critical, or (c) insolvent status. While generally supporting an immediate resolution of the crisis as well as moving the debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multi-employer pensions. Legislation that would bring the Fair Labor Standards Act (FLSA) into the 21st century by updating the definition of employee, conforming the definition of employee with other New Deal era statutes that already apply a common-law definition for the term, and reconciling the FLSA with more recent U.S. Supreme Court decisions. Legislation that would (a) force companies to turn over personally identifying information such as addresses, contact information, and shift information on employees to unions, (b) shorten the amount of time businesses would have to prepare for union certifying elections (c) modify the tests for independent-contractor and joint-employer to definitions not consistent with current employment trends, and make many other changes to labor and employment law that would be better debated individually. NACD is in opposition to this bill.
CLEAN Future Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. This package included a reinstatement of Superfund Taxes that NACD opposed. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022 as well as partial repeal/exclusion for specific chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.
CLEAN Future Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in Q1 2022, as well as partial repeal/exclusion of certain chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022.
CLEAN Future Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in Q1 2022, as well as partial repeal/exclusion of certain chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021.
CLEAN Future Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. This package included a reinstatement of Superfund Taxes that NACD opposed. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022 as well as partial repeal/exclusion for specific chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft Senate bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. The Senate-passed version of the Ocean Shipping Reform Act of 2022 was taken up and passed by the House in 2Q 2022 and signed into law by President Biden on June 16, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. The Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate was taken up and passed by the House in 2Q 2022 and signed into law by President Biden on June 16, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. The Senate-passed version of the Ocean Shipping Reform Act of 2022 was taken up and passed by the House in 2Q 2022 and signed into law by President Biden on June 16, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and the Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks, and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about chemical distributors' compliance challenges. NACD encouraged members of the House of Representatives to sign a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2022 but was included as part of the Senate bill S.3580. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was included in the Senate bill S.3580 that passed the Senate on March 31, 2022.. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Developing Responsible Individuals for a Vibrant Economy Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021 but was included in the Senate bill S.3580 that passed the Senate on March 31, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
PFAS Action Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place. NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023.
PFAS Action Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place. NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023.
PFAS Action Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place.
PFAS Action Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place.
PFAS Accountability Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place. NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023.
PFAS Accountability Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place. NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023.
PFAS Accountability Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place.
PFAS Accountability Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place.
Communities and Environment First Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. This package included a reinstatement of Superfund Taxes that NACD opposed. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022 as well as partial repeal/exclusion for specific chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.
Communities and Environment First Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in Q1 2022, as well as partial repeal/exclusion of certain chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022.
Communities and Environment First Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. This package included a reinstatement of Superfund Taxes that NACD opposed. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022 as well as partial repeal/exclusion for specific chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.
Communities and Environment First Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in Q1 2022, as well as partial repeal/exclusion of certain chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021.
Infrastructure Investment and Jobs Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. This package included a reinstatement of Superfund Taxes that NACD opposed. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022 as well as partial repeal/exclusion for specific chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.
Infrastructure Investment and Jobs Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in Q1 2022, as well as partial repeal/exclusion of certain chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022.
Infrastructure Investment and Jobs Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. This package included a reinstatement of Superfund Taxes that NACD opposed. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022 as well as partial repeal/exclusion for specific chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.
Infrastructure Investment and Jobs Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021 but was included in the Senate bill S.3580 that passed the Senate on March 31, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Infrastructure Investment and Jobs Act
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in Q1 2022, as well as partial repeal/exclusion of certain chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021.
Generalized System of Preferences and Miscellaneous Tariff Bill Modernization Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Generalized System of Preferences and Miscellaneous Tariff Bill Modernization Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Generalized System of Preferences and Miscellaneous Tariff Bill Modernization Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Generalized System of Preferences and Miscellaneous Tariff Bill Modernization Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Generalized System of Preferences and Miscellaneous Tariff Bill Modernization Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Generalized System of Preferences and Miscellaneous Tariff Bill Modernization Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Generalized System of Preferences and Miscellaneous Tariff Bill Modernization Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Generalized System of Preferences and Miscellaneous Tariff Bill Modernization Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Trade Preferences and American Manufacturing Competitiveness Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Trade Preferences and American Manufacturing Competitiveness Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Trade Preferences and American Manufacturing Competitiveness Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Trade Preferences and American Manufacturing Competitiveness Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Trade Preferences and American Manufacturing Competitiveness Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Trade Preferences and American Manufacturing Competitiveness Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Trade Preferences and American Manufacturing Competitiveness Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Trade Preferences and American Manufacturing Competitiveness Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Ocean Shipping Reform Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021 but was included in the Senate bill S.3580 that passed the Senate on March 31, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Ocean Shipping Reform Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was included in the Senate bill S.3580 that passed the Senate on March 31, 2022.. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Ocean Shipping Reform Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2022 but was included as part of the Senate bill S.3580. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Ocean Shipping Reform Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft Senate bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. The Senate-passed version of the Ocean Shipping Reform Act of 2022 was taken up and passed by the House in 2Q 2022 and signed into law by President Biden on June 16, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Ocean Shipping Reform Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. The Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate was taken up and passed by the House in 2Q 2022 and signed into law by President Biden on June 16, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Ocean Shipping Reform Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. The Senate-passed version of the Ocean Shipping Reform Act of 2022 was taken up and passed by the House in 2Q 2022 and signed into law by President Biden on June 16, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Protecting the Right to Organize Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. NACD advocated against allowing the Occupational Safety and Health Administration (OSHA) to issue a vaccine mandate for private employers of 100 employees or more. To minimize the risk of COVID-19 transmission, the Occupational Safety and Health Administration (OSHA) released the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). This binding ETS requires all businesses with 100 or more employees to adopt, implement, and enforce vaccination, testing, and safety protocols for their workforce. Employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy or develop, implement, and enforce a policy allowing employees to elect to get vaccinated or to undergo weekly COVID-19 testing and wear a face covering in the workplace. NACD advocated against this act of OSHA and any legislation that would allow OSHA the regulatory authority to do so because 1) OSHA did not offer the public any proper notice or provide sufficient opportunity to comment on this rule before it was finalized. Furthermore, the ETS would significantly expand OSHA's regulatory authority without clear congressional authorization, 2) While the initial ETS applied only to employers with 100 or more employees, OSHA s request for comments suggested that they would look to expand the ETS to smaller businesses in the future, 3) the testing alternative would be unworkable because of the lack of available tests, 4) the mandate would place an undue financial burden on NACD members, and 5) businesses have been significantly impacted by the effects of the pandemic and are working hard to retain their workforce amid ongoing staffing shortages, and this rule would only exacerbate this problem. NACD advocated in support of the Senate voting on December 8, 2021 to overturn the Biden administration's OSHA proposed rule that large private employers must require their workers to be vaccinated against COVID-19 or tested, or face losing their jobs using the Congressional Review Act. The vote was 52-48, with two Democrats joining all Republicans to overturn the regulation. Legislation that serves, as a solution to the Multiemployer Pension Solvency Crisis, creating a new administration within the Treasury Department to issue loans to plans with (a) critical and declining, (b) critical, or (c) insolvent status. While generally supporting an immediate resolution of the crisis as well as moving the debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multi-employer pensions. Legislation that would bring the Fair Labor Standards Act (FLSA) into the 21st century by updating the definition of employee, conforming the definition of employee with other New Deal era statutes that already apply a common-law definition for the term, and reconciling the FLSA with more recent U.S. Supreme Court decisions. Legislation that would (a) force companies to turn over personally identifying information such as addresses, contact information, and shift information on employees to unions, (b) shorten the amount of time businesses would have to prepare for union certifying elections (c) modify the tests for independent-contractor and joint-employer to definitions not consistent with current employment trends, and make many other changes to labor and employment law that would be better debated individually. NACD is in opposition to this bill.
Protecting the Right to Organize Act of 2021
Client: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS · Firm: NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
NACD advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. NACD advocated against allowing the Occupational Safety and Health Administration (OSHA) to issue a vaccine mandate for private employers of 100 employees or more. To minimize the risk of COVID-19 transmission, the Occupational Safety and Health Administration (OSHA) released the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). This binding ETS requires all businesses with 100 or more employees to adopt, implement, and enforce vaccination, testing, and safety protocols for their workforce. Employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy or develop, implement, and enforce a policy allowing employees to elect to get vaccinated or to undergo weekly COVID-19 testing and wear a face covering in the workplace. NACD advocated against this act of OSHA and any legislation that would allow OSHA the regulatory authority to do so because 1) OSHA did not offer the public any proper notice or provide sufficient opportunity to comment on this rule before it was finalized. Furthermore, the ETS would significantly expand OSHA's regulatory authority without clear congressional authorization, 2) While the initial ETS applied only to employers with 100 or more employees, OSHA s request for comments suggested that they would look to expand the ETS to smaller businesses in the future, 3) the testing alternative would be unworkable because of the lack of available tests, 4) the mandate would place an undue financial burden on NACD members, and 5) businesses have been significantly impacted by the effects of the pandemic and are working hard to retain their workforce amid ongoing staffing shortages, and this rule would only exacerbate this problem. NACD advocated in support of the Senate voting on December 8, 2021 to overturn the Biden administration's OSHA proposed rule that large private employers must require their workers to be vaccinated against COVID-19 or tested, or face losing their jobs using the Congressional Review Act. The vote was 52-48, with two Democrats joining all Republicans to overturn the regulation. Legislation that serves, as a solution to the Multiemployer Pension Solvency Crisis, creating a new administration within the Treasury Department to issue loans to plans with (a) critical and declining, (b) critical, or (c) insolvent status. While generally supporting an immediate resolution of the crisis as well as moving the debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multi-employer pensions. Legislation that would bring the Fair Labor Standards Act (FLSA) into the 21st century by updating the definition of employee, conforming the definition of employee with other New Deal era statutes that already apply a common-law definition for the term, and reconciling the FLSA with more recent U.S. Supreme Court decisions. Legislation that would (a) force companies to turn over personally identifying information such as addresses, contact information, and shift information on employees to unions, (b) shorten the amount of time businesses would have to prepare for union certifying elections (c) modify the tests for independent-contractor and joint-employer to definitions not consistent with current employment trends, and make many other changes to labor and employment law that would be better debated individually. NACD is in opposition to this bill.
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was to intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. The committees of jurisdiction are the House Committee on Homeland Security, House Committee on Energy & Commerce, and the Senate Committee on Homeland Security & Governmental Affairs. No legislation has been introduced to-date. NACD advocated for the strengthening of cybersecurity for critical infrastructure through a public-private partnership that has liability protections for the private sector. NACD advocated for the inclusion of chemical distribution facilities in the definition of covered critical infrastructure as it relates to drone policy.
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was to intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. The committees of jurisdiction are the House Committee on Homeland Security, House Committee on Energy & Commerce, and the Senate Committee on Homeland Security & Governmental Affairs. No legislation has been introduced to-date. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals.
NACD advocated in support of H.R.3408, the DRIVE Safe Integrity Act of 2023, introduced by Rep. Rick Crawford (R-AR) on May 17, 2023. This bill builds off the pilot program that was included in the 2021 bipartisan Infrastructure Investment and Jobs Act. However, that program has been bogged down by extraneous requirements from the U.S. Department of Transportation (DOT), meaning it has seen fewer than a dozen of the expected 3,000 enrollees. NACD has long support efforts to increase the number of young commercial drives in a safe manner, and has supported similar efforts in previous sessions of Congress. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House.
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House. NACD advocated in support of including additional paid sick days in any legislated rail labor legislation moving forward. NACD advocated for the inclusion of chemical distribution facilities in the definition of covered critical infrastructure as it relates to drone policy.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges.
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs.
NACD advocated in support of H.R.3408, the DRIVE Safe Integrity Act of 2023, introduced by Rep. Rick Crawford (R-AR) on May 17, 2023. This bill builds off the pilot program that was included in the 2021 bipartisan Infrastructure Investment and Jobs Act. However, that program has been bogged down by extraneous requirements from the U.S. Department of Transportation (DOT), meaning it has seen fewer than a dozen of the expected 3,000 enrollees. NACD has long support efforts to increase the number of young commercial drives in a safe manner, and has supported similar efforts in previous sessions of Congress. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. - The Senate bill, S.576, passed out the Senate Committee on Commerce, Science, and Transportation (as an amendment in nature of a substitute) by a vote of 16-11, and now awaits a full Senate vote. - NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. No additional action on this bill to-date in the House.
NACD advocates in opposition to the companion legislation H.R.20/S.567, the Richard L. Trumka Protecting the Right to Organize Act of 2023. H.R.20 was introduced on February 28, 2023, by Rep. Bobby Scott (D-VA-03), and S.567 was introduced on February 28, 2023, by Sen. Bernie Sanders (I-VT). This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Specifically, it revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; permits labor organizations to encourage the participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary, and it expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or join collective or class-action litigation. Finally, the bill addresses the procedures for union representation elections, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders. - The PRO Act has not yet passed out of committee in the House or Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. - NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. NACD advocated in support of including additional paid sick days in any legislated rail labor legislation moving forward.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2023 · first_quarter · Q1
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NAC advocated for and secured two letters to Treasury Secretary Janet Yellen from Rep. John Moolenaar (R-MI) and Sen. Shelley Moore Capito (R-WV) requesting detailed guidance for the Superfund Tax, along with penalty relief until improved clarity is achieved. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals.
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NAC advocated for and secured two letters to Treasury Secretary Janet Yellen from Rep. John Moolenaar (R-MI) and Sen. Shelley Moore Capito (R-WV) requesting detailed guidance for the Superfund Tax, along with penalty relief until improved clarity is achieved. The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs.
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees.
NACD advocates in opposition to the companion legislation H.R.20/S.567, the Richard L. Trumka Protecting the Right to Organize Act of 2023. H.R.20 was introduced on February 28, 2023, by Rep. Bobby Scott (D-VA-03), and S.567 was introduced on February 28, 2023, by Sen. Bernie Sanders (I-VT). This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Specifically, it revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; permits labor organizations to encourage the participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary, and it expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or join collective or class-action litigation. Finally, the bill addresses the procedures for union representation elections, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders. - The PRO Act has not yet passed out of committee in the House or Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. - NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. NACD advocated in support of including additional paid sick days in any legislated rail labor legislation moving forward.
NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS. NACD advocated for the strengthening of cybersecurity for critical infrastructure through a public-private partnership that has liability protections for the private sector. NACD advocated for the inclusion of chemical distribution facilities in the definition of covered critical infrastructure as it relates to drone policy.
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NAC advocated for and secured two letters to Treasury Secretary Janet Yellen from Rep. John Moolenaar (R-MI) and Sen. Shelley Moore Capito (R-WV) requesting detailed guidance for the Superfund Tax, along with penalty relief until improved clarity is achieved. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NAC advocated for and secured two letters to Treasury Secretary Janet Yellen from Rep. John Moolenaar (R-MI) and Sen. Shelley Moore Capito (R-WV) requesting detailed guidance for the Superfund Tax, along with penalty relief until improved clarity is achieved.
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
NACD advocated in support of S. 576, the Railway Safety Act of 2023, introduced by Sens. Sherrod Brown (D-OH), J.D. Vance (R-OH), Bob Casey (D-PA), and John Fetterman (D-PA), Marco Rubio (R-FL), and Josh Hawley (R-MO) on March 1, 2023, following the train derailment in East Palestine, OH. NACD also supported and advocated in favor of the House of Representatives companion bill, H.R. 1674, introduced by Reps. Chris Deluzio (D-PA) and Nick LaLota (R-NY) on March 21, 2023. This bill addresses safety requirements for rail carriers and trains transporting hazardous materials. Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials. The bill also 1)increases the maximum fines DOT may impose on rail carriers for violating safety regulations, 2) requires DOT to update rail car inspection regulations and audit the federal inspection program, 3) requires a minimum two-person crew for certain freight trains, 4) phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), 5) expands training for local first responders, 6) imposes a new fee on certain rail carriers, and 7) provides funding for research and development to improve railway safety. NACD highlighted the numerous ongoing rail safety issues and initiatives to help bolster the bill text. NACD advocated for minor changes to the bill text to ensure provisions help to resolve the actual safety issues the railroads need to address to bolster rail safety. - NACD's concern with this legislation was providing legislative text that ensures the required advanced notices and information about the presence of hazardous materials onboard the rail is kept strictly between those with a need-to-know (i.e. first responders, state emergency response commissioners, state/local authorities), and not the general public. Additionally, the onus of sharing this information be on the rail carrier, and not the shippers, because shippers do not have that information to share. NACD advocated in support of H.R. 1633, the Reducing Accidents in Locomotives (RAIL) Act, introduced by Reps. Bill Johnson (R-OH) and Emilia Strong Sykes (D-OH) in the House of Representatives. This legislation is a bipartisan product that aims to enhance safety requirements for trains transporting hazardous materials. The RAIL Act would improve railway safety and operations by 1) directing the Federal Rail Administration (FRA), in conjunction with the findings of the National Transportation Safety Board (NTSB) investigation, to recommend changes to how our nations rail system operates - from train length, weight to speed, and track standards, 2) increasing funding for Hazardous Materials Training for first responders, 3) increasing maximum penalties for violations of rail safety regulations, 4) increasing inspections on all trains, including those carrying hazardous materials, 5) auditing federal rail inspection programs.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This additional component of the Superfund Tax will have an impact on NACD members, in addition to the initial resurrection of Part 1 of the Superfund Tax. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. NAC advocated for and secured two letters to Treasury Secretary Janet Yellen from Rep. John Moolenaar (R-MI) and Sen. Shelley Moore Capito (R-WV) requesting detailed guidance for the Superfund Tax, along with penalty relief until improved clarity is achieved.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2022 · fourth_quarter · Q4
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place.
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place. NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and the Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks, and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about chemical distributors' compliance challenges. NACD encouraged members of the House of Representatives to sign a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
NACD advocated for the strengthening of cybersecurity for critical infrastructure through a public-private partnership that has liability protections for the private sector. NACD advocated for the inclusion of chemical distribution facilities in the definition of covered critical infrastructure as it relates to drone policy. NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS.
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022. Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support. Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement. NACD advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. Legislation that serves, as a solution to the Multiemployer Pension Solvency Crisis, creating a new administration within the Treasury Department to issue loans to plans with (a) critical and declining, (b) critical, or (c) insolvent status. While generally supporting an immediate resolution of the crisis as well as moving the debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multi-employer pensions. Legislation that would bring the Fair Labor Standards Act (FLSA) into the 21st century by updating the definition of employee, conforming the definition of employee with other New Deal era statutes that already apply a common-law definition for the term, and reconciling the FLSA with more recent U.S. Supreme Court decisions. Legislation that would (a) force companies to turn over personally identifying information such as addresses, contact information, and shift information on employees to unions, (b) shorten the amount of time businesses would have to prepare for union certifying elections (c) modify the tests for independent-contractor and joint-employer to definitions not consistent with current employment trends, and make many other changes to labor and employment law that would be better debated individually. NACD is in opposition to this bill.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2022 · third_quarter · Q3
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place.
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
NACD advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. Legislation that serves, as a solution to the Multiemployer Pension Solvency Crisis, creating a new administration within the Treasury Department to issue loans to plans with (a) critical and declining, (b) critical, or (c) insolvent status. While generally supporting an immediate resolution of the crisis as well as moving the debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multi-employer pensions. Legislation that would bring the Fair Labor Standards Act (FLSA) into the 21st century by updating the definition of employee, conforming the definition of employee with other New Deal era statutes that already apply a common-law definition for the term, and reconciling the FLSA with more recent U.S. Supreme Court decisions. Legislation that would (a) force companies to turn over personally identifying information such as addresses, contact information, and shift information on employees to unions, (b) shorten the amount of time businesses would have to prepare for union certifying elections (c) modify the tests for independent-contractor and joint-employer to definitions not consistent with current employment trends, and make many other changes to labor and employment law that would be better debated individually. NACD is in opposition to this bill.
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members.
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place. NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09) Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2022 · second_quarter · Q2
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft Senate bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. The Senate-passed version of the Ocean Shipping Reform Act of 2022 was taken up and passed by the House in 2Q 2022 and signed into law by President Biden on June 16, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
NACD advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. NACD advocated against allowing the Occupational Safety and Health Administration (OSHA) to issue a vaccine mandate for private employers of 100 employees or more. To minimize the risk of COVID-19 transmission, the Occupational Safety and Health Administration (OSHA) released the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). This binding ETS requires all businesses with 100 or more employees to adopt, implement, and enforce vaccination, testing, and safety protocols for their workforce. Employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy or develop, implement, and enforce a policy allowing employees to elect to get vaccinated or to undergo weekly COVID-19 testing and wear a face covering in the workplace. NACD advocated against this act of OSHA and any legislation that would allow OSHA the regulatory authority to do so because 1) OSHA did not offer the public any proper notice or provide sufficient opportunity to comment on this rule before it was finalized. Furthermore, the ETS would significantly expand OSHA's regulatory authority without clear congressional authorization, 2) While the initial ETS applied only to employers with 100 or more employees, OSHA s request for comments suggested that they would look to expand the ETS to smaller businesses in the future, 3) the testing alternative would be unworkable because of the lack of available tests, 4) the mandate would place an undue financial burden on NACD members, and 5) businesses have been significantly impacted by the effects of the pandemic and are working hard to retain their workforce amid ongoing staffing shortages, and this rule would only exacerbate this problem. NACD advocated in support of the Senate voting on December 8, 2021 to overturn the Biden administration's OSHA proposed rule that large private employers must require their workers to be vaccinated against COVID-19 or tested, or face losing their jobs using the Congressional Review Act. The vote was 52-48, with two Democrats joining all Republicans to overturn the regulation. Legislation that serves, as a solution to the Multiemployer Pension Solvency Crisis, creating a new administration within the Treasury Department to issue loans to plans with (a) critical and declining, (b) critical, or (c) insolvent status. While generally supporting an immediate resolution of the crisis as well as moving the debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multi-employer pensions. Legislation that would bring the Fair Labor Standards Act (FLSA) into the 21st century by updating the definition of employee, conforming the definition of employee with other New Deal era statutes that already apply a common-law definition for the term, and reconciling the FLSA with more recent U.S. Supreme Court decisions. Legislation that would (a) force companies to turn over personally identifying information such as addresses, contact information, and shift information on employees to unions, (b) shorten the amount of time businesses would have to prepare for union certifying elections (c) modify the tests for independent-contractor and joint-employer to definitions not consistent with current employment trends, and make many other changes to labor and employment law that would be better debated individually. NACD is in opposition to this bill.
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in Q1 2022, as well as partial repeal/exclusion of certain chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. This package included a reinstatement of Superfund Taxes that NACD opposed. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022 as well as partial repeal/exclusion for specific chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. The Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate was taken up and passed by the House in 2Q 2022 and signed into law by President Biden on June 16, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The draft bill text was included in the Senate version of the Ocean Shipping Reform Act of 2022 that passed the Senate and House in 2Q 2022 and signed into law by President Biden on June 16, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. The Senate-passed version of the Ocean Shipping Reform Act of 2022 was taken up and passed by the House in 2Q 2022 and signed into law by President Biden on June 16, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2022 · first_quarter · Q1
NACD advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation. NACD advocated against allowing the Occupational Safety and Health Administration (OSHA) to issue a vaccine mandate for private employers of 100 employees or more. To minimize the risk of COVID-19 transmission, the Occupational Safety and Health Administration (OSHA) released the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). This binding ETS requires all businesses with 100 or more employees to adopt, implement, and enforce vaccination, testing, and safety protocols for their workforce. Employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy or develop, implement, and enforce a policy allowing employees to elect to get vaccinated or to undergo weekly COVID-19 testing and wear a face covering in the workplace. NACD advocated against this act of OSHA and any legislation that would allow OSHA the regulatory authority to do so because 1) OSHA did not offer the public any proper notice or provide sufficient opportunity to comment on this rule before it was finalized. Furthermore, the ETS would significantly expand OSHA's regulatory authority without clear congressional authorization, 2) While the initial ETS applied only to employers with 100 or more employees, OSHA s request for comments suggested that they would look to expand the ETS to smaller businesses in the future, 3) the testing alternative would be unworkable because of the lack of available tests, 4) the mandate would place an undue financial burden on NACD members, and 5) businesses have been significantly impacted by the effects of the pandemic and are working hard to retain their workforce amid ongoing staffing shortages, and this rule would only exacerbate this problem. NACD advocated in support of the Senate voting on December 8, 2021 to overturn the Biden administration's OSHA proposed rule that large private employers must require their workers to be vaccinated against COVID-19 or tested, or face losing their jobs using the Congressional Review Act. The vote was 52-48, with two Democrats joining all Republicans to overturn the regulation. Legislation that serves, as a solution to the Multiemployer Pension Solvency Crisis, creating a new administration within the Treasury Department to issue loans to plans with (a) critical and declining, (b) critical, or (c) insolvent status. While generally supporting an immediate resolution of the crisis as well as moving the debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multi-employer pensions. Legislation that would bring the Fair Labor Standards Act (FLSA) into the 21st century by updating the definition of employee, conforming the definition of employee with other New Deal era statutes that already apply a common-law definition for the term, and reconciling the FLSA with more recent U.S. Supreme Court decisions. Legislation that would (a) force companies to turn over personally identifying information such as addresses, contact information, and shift information on employees to unions, (b) shorten the amount of time businesses would have to prepare for union certifying elections (c) modify the tests for independent-contractor and joint-employer to definitions not consistent with current employment trends, and make many other changes to labor and employment law that would be better debated individually. NACD is in opposition to this bill.
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2021 · fourth_quarter · Q4
NACD advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Currently, in the Senate with only Democrat co-sponsors. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. NACD advocated against the inclusion of elements of the PRO Act in the Build Back Better Act and similar legislation. On Nov. 19, 2021, a scaled-down version of the Build Back Better Act (BBB) passed the House of Representatives (on a narrow, party-line vote). Although some of the most concerning provisions that were included in previous versions of the bill were left out (including a virgin plastics resin tax), the bill still contains a number of concerning tax increases, new authorities for OSHA and EPA to impose fines and fees, and funding for an ill-defined, whole-of-government Environmental Justice initiative that NACD opposed. NACD advocated against allowing the Occupational Safety and Health Administration (OSHA) to issue a vaccine mandate for private employers of 100 employees or more. To minimize the risk of COVID-19 transmission, the Occupational Safety and Health Administration (OSHA) released the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). This binding ETS requires all businesses with 100 or more employees to adopt, implement, and enforce vaccination, testing, and safety protocols for their workforce. Employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy or develop, implement, and enforce a policy allowing employees to elect to get vaccinated or to undergo weekly COVID-19 testing and wear a face covering in the workplace. NACD advocated against this act of OSHA and any legislation that would allow OSHA the regulatory authority to do so because 1) OSHA did not offer the public any proper notice or provide sufficient opportunity to comment on this rule before it was finalized. Furthermore, the ETS would significantly expand OSHA's regulatory authority without clear congressional authorization, 2) While the initial ETS applied only to employers with 100 or more employees, OSHA s request for comments suggested that they would look to expand the ETS to smaller businesses in the future, 3) the testing alternative would be unworkable because of the lack of available tests, 4) the mandate would place an undue financial burden on NACD members, and 5) businesses have been significantly impacted by the effects of the pandemic and are working hard to retain their workforce amid ongoing staffing shortages, and this rule would only exacerbate this problem. NACD advocated in support of the Senate voting on December 8, 2021 to overturn the Biden administration's OSHA proposed rule that large private employers must require their workers to be vaccinated against COVID-19 or tested, or face losing their jobs using the Congressional Review Act. The vote was 52-48, with two Democrats joining all Republicans to overturn the regulation. Legislation that serves, as a solution to the Multiemployer Pension Solvency Crisis, creating a new administration within the Treasury Department to issue loans to plans with (a) critical and declining, (b) critical, or (c) insolvent status. While generally supporting an immediate resolution of the crisis as well as moving the debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multi-employer pensions. Legislation that would bring the Fair Labor Standards Act (FLSA) into the 21st century by updating the definition of employee, conforming the definition of employee with other New Deal era statutes that already apply a common-law definition for the term, and reconciling the FLSA with more recent U.S. Supreme Court decisions. Legislation that would (a) force companies to turn over personally identifying information such as addresses, contact information, and shift information on employees to unions, (b) shorten the amount of time businesses would have to prepare for union certifying elections (c) modify the tests for independent-contractor and joint-employer to definitions not consistent with current employment trends, and make many other changes to labor and employment law that would be better debated individually. NACD is in opposition to this bill.
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2021 · third_quarter · Q3
General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. Specifically, reinstating the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD). This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in Q1 2022, as well as partial repeal/exclusion of certain chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021.
General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021 but was included in the Senate bill S.3580 that passed the Senate on March 31, 2022. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. This package included a reinstatement of Superfund Taxes that NACD opposed. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated for full repeal of the Superfund Tax in 2022 as well as partial repeal/exclusion for specific chemicals not manufactured in the US. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was included in the Senate bill S.3580 that passed the Senate on March 31, 2022.. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2022 but was included as part of the Senate bill S.3580. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), and S. 3580 - the Ocean Shipping Reform Act of 2022 - introduced by Sens. Amy Klobuchar (D-MN) and John Thune (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. H.R.4996 passed the House of Representatives by a vote of 364-60 on December 8, 2021. S.3580 passed the Senate unanimously on March 31, 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included a reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. This legislation passed the House of Representatives by a vote of 364-60 on December 8, 2021. NACD has been advocating and working with Senate staff to introduce a companion bill in the Senate in 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. This legislation passed the House of Representatives by a vote of 364-60 on December 8, 2021. NACD has been advocating and working with Senate staff to introduce a companion bill in the Senate in 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts. Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021.
General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts. NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. This legislation passed the House of Representatives by a vote of 364-60 on December 8, 2021. NACD has been advocating and working with Senate staff to introduce a companion bill in the Senate in 2022. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts. Legislation surrounding the regulation of PFAS chemicals. Including that the federal government should implement a consistent approach for assessing and regulating specific PFAS with clear timelines, regulations should be based on sound science, specific PFAS compounds should be regulated based on risk to protect human health and the environment, PFAS chemistries should be regulated independently - not as a single group, and Congress should provide regulatory agencies with the proper oversight and funding necessary to evaluate and address specific priority PFAS. Bills introduced in the 117th Congress and opposed to include: S. 1121 - PFAS Registry Act introduced by Senator Shaheen (D-NH), H.R. 3291 - introduced by Rep. Paul Tonko (D-NY), S. 916/H.R. 1352 - Water Affordability, Transparency, Equity, and Reliability Act of 2021 introduced by Sen. Sanders (I-VT) in the US Senate and Rep. Brenda Lawrence (D-MI) in the US House of Representatives, H.R. 1512 - Clean Future Act introduced by Rep. Frank Pallone (D-NJ), and H.R. 2467 - introduced by Rep. Debbie Dingell (D-MI). Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.
General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. Specifically, reinstating the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD). This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
NACD advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Currently, in the Senate with only Democrat co-sponsors. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. Legislation that serves, as a solution to the Multiemployer Pension Solvency Crisis, creating a new administration within the Treasury Department to issue loans to plans with (a) critical and declining, (b) critical, or (c) insolvent status. While generally supporting an immediate resolution of the crisis as well as moving the debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multi-employer pensions. Legislation that would bring the Fair Labor Standards Act (FLSA) into the 21st century by updating the definition of employee, conforming the definition of employee with other New Deal era statutes that already apply a common-law definition for the term, and reconciling the FLSA with more recent U.S. Supreme Court decisions. Legislation that would (a) force companies to turn over personally identifying information such as addresses, contact information, and shift information on employees to unions, (b) shorten the amount of time businesses would have to prepare for union certifying elections (c) modify the tests for independent-contractor and joint-employer to definitions not consistent with current employment trends, and make many other changes to labor and employment law that would be better debated individually. NACD is in opposition to this bill.
The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs. NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.
General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. Specifically, reinstating the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts. NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD). This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000. Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees. Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE