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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
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.
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
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.
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 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.
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
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 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. - 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
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.
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
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 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 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. - 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
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 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.
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. 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 legislation was not introduced in 2021.
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
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
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.
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
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
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
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
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 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.
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 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 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. 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.
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.
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. 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.
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.
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 2021 and on November 15, 2021, President Biden 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 to repeal the excise tax completely or for specific chemicals not manufactured in the US.
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. 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. 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 to repeal the excise tax completely or for specific chemicals not manufactured in the US.
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.
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. 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. 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. 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 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
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 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.
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
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.
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
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.
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.
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 2021 and on November 15, 2021, President Biden 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 to repeal the excise tax completely or for specific chemicals not manufactured in the US.
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.
Maintaining Standard Business Deductions - NACD advocated for the legislation requiring the Internal Revenue Service to reverse the step they had taken of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid.
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 the strengthing 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 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
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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.
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2021 · fourth_quarter · Q4
NACD advocated for the strengthing 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 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.
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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.
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2021 · second_quarter · Q2
Maintaining Standard Business Deductions - NACD advocated for the legislation requiring the Internal Revenue Service to reverse the step they had taken of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid.
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.
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2021 · first_quarter · Q1
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 include introduced in the 117th Congress 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, and H.R. 1512 - Clean Future Act introduced by Rep. Frank Pallone (D-NJ). 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.
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2020 · fourth_quarter · Q4
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Opposition to H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and awaiting a full House vote in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility.
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2020 · third_quarter · Q3
Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program was set to expire on April 18, 2020, at the beginning of the calendar year. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years in addition to comprehensive changes to the program that NACD opposed. On March 5, 2020, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) introduced S. 3416, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020. S. 3416 would extend the CFATS program for 5-years while also making comprehensive changes to the program in the areas of labor representation, information sharing, and whistleblower protections. NACD remained neutral on the legislation while seeking minor changes to the language in the issue areas above. HSGAC Chairtman Johnson also introduced S. 4096, a bill to extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes. This legislation would provide a clean, 3-year extension of the CFATS program's expiration date. NACD supports this legislation and advocated for its passage. Customs Trade Partnership Against Terrorism (CTPAT)- HR 3719, the CTPAT Reauthorization Act of 2019, was introduced by Rep. Clay Higgins on July 11, 2019. When an entity joins CTPAT, an agreement is made to work with CBP to protect the supply chain, identify security gaps, and implement specific security measures and best practices. Applicants must address a broad range of security topics and present security profiles that list action plans to align security throughout the supply chain. CTPAT members are considered to be of low risk, and are therefore less likely to be examined at a U.S. port of entry - and therefore speeding up the process. NACD Supports reauthorization of the CTPAT program.
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2020 · second_quarter · Q2
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 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 - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings were held in late-2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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. For any additional coronavirus emergency relief package, NACD advocated for the inclusion of the Senates infrastructure language in this package.
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2020 · first_quarter · Q1
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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). Miscellaneous Tariff Bill (MTB) Re authorization - The International Trade Commission's Miscellaneous Tariff Bill Program expires at the end of 2020. No legislation has been introduced yet. NACD supports authorization of the program that exempts or reduces tariffs on miscellaneous goods. Generalized System of Preferences (GSP) - The Office of the United States Trade Representative (USTR) is conducting several country reviews that jeopardize the original intent of the program. The Trump administration is not planning to follow the statutory 60-day termination notice requirement for partial country suspensions, which can kill businesses overnight. A removal decision has been made on India and Turkey based on failure to resolve access issues even though India agreed to 80% of U.S. demands. Decisions could take effect on May 4, 2019. NACD urges Congress to request USTR to delay GSP removal on India and Turkey. Families First Coronavirus Response Act - In the second Coronavirus response package, or FFCRA, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals.
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2019 · fourth_quarter · Q4
2019 Infrastructure Package - Democrats, Republicans, and President Trump have all expressed support for passing an infrastructure bill in 2019/2020. NACD supports bipartisan legislative efforts to reform our aging transportation infrastructure, specifically rail systems, highways, and bridges. Rail Reform - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings were held in late-2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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.
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2019 · third_quarter · Q3
Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program that expires April 18, 2020. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years.NACD continues to work closely with Congress and other stakeholders to ensure the continued viability of the CFATS program without interruption and to promote a multi-year reauthorization that includes the establishment of a CFATS Recognition Program.
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Support of legislation championed by Senate Committee on Environment and Public Works Chairman John Barrasso (R-WY), Ranking Member Tom Carper (D-DE), and Senator Shelley Moore Capito (R-WV), S. 1507, the PFAS Release Disclosure Act, was considered in committee and simultaneously filed as an amendment to S. 1790, the must-pass National Defense Authorization Act (NDAA) that was headed to the Senate floor the following week. The bipartisan Senate PFAS package would require a wide variety of actions by various federal agencies, but nothing of great concern. S. 1790 was passed by the Senate June 27, 2019, by a recorded vote of 86-8. Legislation in opposition of the Houses version of the NDAA, H.R. 2500, passed the House July 12, 2019, by a recorded vote of 220-197. The final bill contains PFAS provisions similar to those in the Senate bill, but with some significant differences. Most notably, the House approved an amendment offered by Representatives Debbie Dingell (D-MI) and Dan Kildee (D-MI), requiring the U.S. Environmental Protection Agency to list all PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act. The hazardous substance issue is important and controversial because of its liability implications. A final product between the competing House and Senate NDAA bills is now being negotiated by a conference committee and remains unresolved. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility.
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2019 · second_quarter · Q2
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility. Legislation surrounding the reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program. NACD supported the passage of H.R. 251 - the Chemical Facility Anti-Terrorism Standards Program Extension Act - introduced by House of Representatives Committee on Homeland Security Chairman Bennie Thompson (D-MS) and would provide a clean two-year extension of the CFATS program. NACD supported the House passage of H.R. 251 by a vote of 414-3. Shortly after House passage, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) and HSGAC Ranking Member Gary Peters (D-MI) agreed on an amendment to H.R. 251, changing the length of the extension to 15 months. NACD supported the Senate passage of the Senate-amended H.R. 251 by voice vote, sending it back to the House for final approval. On January 17, 2019, the House passed the Senate-amended H.R. 251 by voice vote which provided a clean 15-month extension of the CFATS program the day the program was set to expire. NACD continues to work closely with Congress and other stakeholders to ensure the continued viability of the CFATS program without interruption and to promote a multi-year reauthorization that includes the establishment of a CFATS Recognition Program.
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2019 · first_quarter · Q1
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Legislation surrounding the reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program. NACD supported the passage of H.R. 251 - the Chemical Facility Anti-Terrorism Standards Program Extension Act - introduced by House of Representatives Committee on Homeland Security Chairman Bennie Thompson (D-MS) and would provide a clean two-year extension of the CFATS program. NACD supported the House passage of H.R. 251 by a vote of 414-3. Shortly after House passage, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) and HSGAC Ranking Member Gary Peters (D-MI) agreed on an amendment to H.R. 251, changing the length of the extension to 15 months. NACD supported the Senate passage of the Senate-amended H.R. 251 by voice vote, sending it back to the House for final approval. On January 17, 2019, the House passed the Senate-amended H.R. 251 by voice vote which provided a clean 15-month extension of the CFATS program the day the program was set to expire. NACD continues to work closely with Congress and other stakeholders to ensure the continued viability of the CFATS program without interruption and to promote a multi-year reauthorization that includes the establishment of a CFATS Recognition Program.
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2018 · fourth_quarter · Q4
Legislative efforts opposing the Trump Administration's efforts to reduce the U.S. trade imbalance with China and protect Americas intellectual property rights through a series of tariffs on Chinese imports. Legislative efforts to educate policymakers and others about the important benefits to American companies, workers, and consumers of the Generalized System of Preferences (GSP) program. A U.S. trade program designed to promote economic growth in the developing world by providing preferential duty-free entry for up to 4,800 products from 129 designated beneficiary countries and territories, proactively. Legislative efforts include advocating for retaining GSP eligibility for importing from India, Indonesia, and Thailand. Legislative efforts in support of S. 3013, legislation introduced by Senator Corker (R-TN) to amend the Trade Expansion Act of 1962 to require congressional approval before the president adjusts imports that are determined to threaten to impair national security. Article I of the Constitution assigns the Congress exclusive authority to regulate foreign trade and levy taxes, including tariffs. U.S. business and agriculture communities are deeply concerned that the presidents unrestricted imposition of tariffs may not be in the national interest.
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2018 · third_quarter · Q3
Legislative efforts included conveying to congressional offices the importance of rail reform and how best to legislatively address CSXs current customer service disruptions. oCSX Corporations new management has increased customer frustrations over longer transit times, unreliable switching operations, inefficient car routing and poor customer service. Because of this, the STB has been stepping in as mediator between the rail company and their disgruntled customers. Legislative efforts to encourage Congress to expedite the STB nominating process for greater preparation in addressing rail customer concerns. The 2015 STB Reauthorization bill expanded the STB from three to five board members whom the President appoints and Congress approves. At present, there are three open board member slots. the bill expanded the STB from three to five board members whom the President appoints and Congress approves. At present, there are three open board member slots. No sign of change from CSX and short three board members impedes the STB from aggressively executing their congressional authority in making sure CSX is strong enough to handle the needs of American shippers. Legislative efforts in support of H.R. 5358, the DRIVE-Safe Act, introduced by Rep. Duncan Hunter (R-CA-50). This piece of legislation expands the availability of commercially licensed drivers by creating workforce opportunities for the nations 18- through 21-year-old population. Currently, most states allow individuals to obtain commercial drivers licenses at age 18, however, they prohibit drivers from moving goods across state lines until they are 21. Legislative efforts include support of a Senate companion bill to H.R.5358, S.3352, introduced by Senators Todd Young (R-IN), Jerry Moran (R-KS), and Jim Inhofe (R-OK). The bill has been referred to the House Committee on Transportation and Infrastructure Subcommittee on Highways and Transit. The U.S. Senate companion bill sits in the Senate Committee on Commerce, Science, and Transportation. Legislative efforts in support of HR 5729, the Transportation Worker Identification Credential Accountability Act of 2018. Introduced by Rep. John Katko (R-NY-24), the bill delays implementation of the TWIC Reader Rule, which is due to become effective August 23, 2018. The delay would extend until after the report to Congress is completed, which was required by the Transportation Security Card Program Assessment Act. On July 10, 2018, the U.S. House of Representatives passed H.R.5729 under suspension of the rules, as amended and agreed to by voice vote. On July 26, 2018, the Senate passed H.R. 5729 without amendment by unanimous consent. On August 2, 2018, H.R.5729 was signed by President Trump. Became Public Law No: 115-230. Legislation in support of S. 3094, companion legislation to H.R. 5729, introduced in the Senate by Senator Daniel Sullivan (R-AK). The Senate bill has been referred out of committee but has yet to go to the floor for a vote.
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2018 · second_quarter · Q2
Legislative efforts included conveying to congressional offices the importance of rail reform and how best to legislatively address CSXs current customer service disruptions. oCSX Corporations new management has increased customer frustrations over longer transit times, unreliable switching operations, inefficient car routing and poor customer service. Because of this, the STB has been stepping in as mediator between the rail company and their disgruntled customers. Legislative efforts to encourage Congress to expedite the STB nominating process for greater preparation in addressing rail customer concerns. The 2015 STB Reauthorization bill expanded the STB from three to five board members whom the President appoints and Congress approves. At present, there are three open board member slots. the bill expanded the STB from three to five board members whom the President appoints and Congress approves. At present, there are three open board member slots. No sign of change from CSX and short three board members impedes the STB from aggressively executing their congressional authority in making sure CSX is strong enough to handle the needs of American shippers. Legislative efforts in support of H.R. 5358, the DRIVE-Safe Act, introduced by Rep. Duncan Hunter (R-CA-50). This piece of legislation expands the availability of commercially licensed drivers by creating workforce opportunities for the nations 18- through 21-year-old population. Currently, most states allow individuals to obtain commercial drivers licenses at age 18, however, they prohibit drivers from moving goods across state lines until they are 21. Legislative efforts in support of HR 5729, the Transportation Worker Identification Credential Accountability Act of 2018. Introduced by Rep. John Katko (R-NY-24), the bill delays implementation of the TWIC Reader Rule, which is due to become effective August 23, 2018. The delay would extend until after the report to Congress is completed, which was required by the Transportation Security Card Program Assessment Act. On July 10, 2018, the bill passed the House under suspension of the rules. Legislation in support of S. 3094, companion legislation to H.R. 5729, introduced in the Senate by Senator Daniel Sullivan (R-AK). The Senate bill has been referred out of committee but has yet to go to the floor for a vote.
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2018 · first_quarter · Q1
Legislative efforts to introduce legislation related to agency use of guidance documents in lieu of rulemaking. Agencies have been issuing guidance and expanding scope and coverage of regulations via memorandum rather than pursuing notice and comment rulemaking since the 2015 Perez v. Mortgage Bankers Association decision.The legislation includes S. 951 - Regulatory Accountability Act of 2017, S. 580 - Truth in Regulations Act of 2017, and S. 584 - Small Business Regulatory Flexibility Improvements Act of 2017. Legislative efforts to ensure EPA performs their duty under the law following the passage of The Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA). Legislative efforts to regulate cosmetics. No specific legislation has been introduced to-date. Legislative efforts in support of 2018 reauthorization of the Department of Homeland Security's Chemical Facilities Anti-Terrorism Standards (CFATS) program. No legislation has been introduced to date.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, Surface Transportation Board (STB)
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2017 · fourth_quarter · Q4
Legislative efforts to introduce legislation related to agency use of guidance documents in lieu of rulemaking. Agencies have been issuing guidance and expanding scope and coverage of regulations via memorandum rather than pursuing notice and comment rulemaking since the 2015 Perez v. Mortgage Bankers Association decision.The legislation includes S. 951 - Regulatory Accountability Act of 2017, S. 580 - Truth in Regulations Act of 2017, and S. 584 - Small Business Regulatory Flexibility Improvements Act of 2017. Legislative efforts to ensure EPA performs their duty under the law following the passage of The Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA). Legislative efforts to regulate cosmetics. No specific legislation has been introduced to-date. Legislative efforts in support of 2018 reauthorization of the Department of Homeland Security's Chemical Facilities Anti-Terrorism Standards (CFATS) program. No legislation has been introduced to date.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, Surface Transportation Board (STB)
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2017 · third_quarter · Q3
Legislative efforts to introduce legislation related to agency use of guidance documents in lieu of rulemaking. Agencies have been issuing guidance and expanding scope and coverage of regulations via memorandum rather than pursuing notice and comment rulemaking since the 2015 Perez v. Mortgage Bankers Association decision.The legislation includes S. 951 - Regulatory Accountability Act of 2017, S. 580 - Truth in Regulations Act of 2017, and S. 584 - Small Business Regulatory Flexibility Improvements Act of 2017. Legislative efforts to ensure EPA performs their duty under the law following the passage of The Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA). Legislative efforts to regulate cosmetics. No specific legislation has been introduced to-date. Legislative efforts in support of 2018 reauthorization of the Department of Homeland Security's Chemical Facilities Anti-Terrorism Standards (CFATS) program. No legislation has been introduced to date.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
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2015 · third_quarter · 3A
Legislation that would clarify the General Duty Clause of the Clean Air Act so as to ensure consistency in enforcement and compliance. House: no bill introduced. Senate: S. 88.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2015 · fourth_quarter · Q4
Legislation that would clarify the General Duty Clause of the Clean Air Act so as to ensure consistency in enforcement and compliance. House: no bill introduced. Senate: S. 88.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2015 · third_quarter · Q3
Legislation that would clarify the General Duty Clause of the Clean Air Act so as to ensure consistency in enforcement and compliance. House: no bill introduced. Senate: S. 88.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2015 · second_quarter · 2A
Legislation that would clarify the General Duty Clause of the Clean Air Act so as to ensure consistency in enforcement and compliance. House: no bill introduced. Senate: S. 88.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS via NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS
2015 · second_quarter · Q2
Legislation that would clarify the General Duty Clause of the Clean Air Act so as to ensure consistency in enforcement and compliance. House: no bill introduced. Senate: S. 88.
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 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 to repeal the excise tax completely or for specific chemicals not manufactured in the US.
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.
Maintaining Standard Business Deductions - NACD advocated for the legislation requiring the Internal Revenue Service to reverse the step they had taken of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid.
NACD advocated for the strengthing 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.
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.
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.
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.
Maintaining Standard Business Deductions - NACD advocated for the legislation requiring the Internal Revenue Service to reverse the step they had taken of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid.
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.
In opposition to the 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. 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.
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.
Maintaining Standard Business Deductions - NACD advocated for the legislation requiring the Internal Revenue Service to reverse the step they had taken of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid.
NACD advocated for the strengthing 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.
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 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.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
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.
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 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 lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for inclusion of the DRIVE Safe Act language into any infrastructure ackage, 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.
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.
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.
NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for inclusion of the DRIVE Safe Act language into any infrastructure package, 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. 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 strengthing 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 the creation of association health care plans. No legislation introduced to-date.
NACD advocated for legislation to provide additional tax relief to small businesses and paycheck protection program recipients.
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.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
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 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.
Maintaining Standard Business Deductions - NACD advocated for the legislation requiring the Internal Revenue Service to reverse the step they had taken of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid.
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 programs, 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.
Moving Forward Act - In the 116th Congress 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 inclusion of the DRIVE Safe Act language into any infrastructure ackage, 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. 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 116th Congress 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 inclusion of the DRIVE Safe Act language into any infrastructure ackage, 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. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief programs, 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 the strengthing 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.
Legislation that serves, as 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 the crisis as well as moving debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multiemployer 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. In the early 2021 coronavirus package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time.
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 include introduced in the 117th Congress 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, and H.R. 1512 - Clean Future Act introduced by Rep. Frank Pallone (D-NJ). 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 the creation of association health care plans. No legislation introduced to-date.
NACD advocated for legislation to provide additional tax relief to small businesses and paycheck protection program recipients.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
HR 397 - Rehabilitation for Multiemployer Pensions Act - Otherwise known as the Butch-Lewis Act, this serves as the Democrats solution to the Multiemployer Pension Solvency Crisis by 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 the crisis as well as moving debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multiemployer pensions. HR 4069 - Modern Worker Empowerment Act - H.R. 4069 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. HR2474/S1306 - PRO Act or Protecting the Right to Organize Act of 2019 - The bill, among several different provisions, 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. In the year-end ombinus/coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In advance of an additional omnibus/coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in the ombinus-relief package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Opposition to H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and a full House vote is expected in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility.
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 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 - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings were held in late-2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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. For any the year-end omnibus-coronavirus emergency relief package, NACD advocated for the inclusion of the Senates infrastructure language in this package.
S. 4784/ H.R. 8884 - The Generalized System of Preferences (GSP), a tariff relief program, was set to and did expire 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 supported Senator Chuck Grassley (R-IA)s bill, S. 4784, which would have given a short-term clean extension of the program, allowing for more time to negotiate changes to the GSP as well as avoiding a lapse in the program. NACD did not support H.R. 8884, Representative Earl Blumenauer (D-OR)s bill. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief programs, was set to and did expire 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 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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). United States-Mexico-Canada Agreement (USMCA) - All three countries signed the new NAFTA 2.0 November 30, 2018. Congressional approval is required for the new USMCA. The International Trade Commission was expected to release its USMCA economic impact findings report on April 19, 2019. NACD supported passage of USMCA when the clock started for Congress to have 90 congressional calendar days to respond. NACD supported the passage of the compromised USMCA trade deal in the House and Senate. H.R. 940/ S. 287 - Bicameral Congressional Trade Authority Act of 2019: This legislation proposes amending the Trade Expansion Act of 1962 to require congressional approval before the president adjusts imports that are determined to threaten or impair national security. Article I of the Constitution assigns the Congress exclusive authority to regulate foreign trade and levy taxes, including tariffs. U.S. business and agriculture communities are deeply concerned that the presidents unrestricted imposition of tariffs may not be in the national interest. NACD supports this legislation. S. 899 /H.R. 3477- Reclaiming Congressional Trade Authority Act of 2019: This legislation proposes to limit the authority of the president to modify duty rates for national security reasons and to limit the authority of the United States Trade Representative to impose certain duties or import restrictions and for other purposes.NACD supports this legislation. NACD continued to advocate for business relief measures to be included as part of the text in any upcoming coronavirus emergency relief package including tariff eliminations or deferrals.
Customs Trade Partnership Against Terrorism (CTPAT)- HR 3719, the CTPAT Reauthorization Act of 2019, was introduced by Rep. Clay Higgins on July 11, 2019. When an entity joins CTPAT, an agreement is made to work with CBP to protect the supply chain, identify security gaps, and implement specific security measures and best practices. Applicants must address a broad range of security topics and present security profiles that list action plans to align security throughout the supply chain. CTPAT members are considered to be of low risk, and are therefore less likely to be examined at a U.S. port of entry - and therefore speeding up the process. NACD Supports reauthorization of the CTPAT program.
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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). S. 4784/ H.R. 8884 - The Generalized System of Preferences (GSP), a tariff relief program, was set to and did expire 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 supported Senator Chuck Grassley (R-IA)s bill, S. 4784, which would have given a short-term clean extension of the program, allowing for more time to negotiate changes to the GSP as well as avoiding a lapse in the program. NACD did not support H.R. 8884, Representative Earl Blumenauer (D-OR)s bill. Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief programs, was set to and did expire 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 renewal of the MTB. NACD continued to advocate for business relief measures to be included as part of the text in any upcoming coronavirus emergency relief package including tariff eliminations or deferrals.
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 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 - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings were held in late-2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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. CARES Act - In the third Coronavirus response package, or CARES, NACD again lobbied for tariff relief and other business support measures. NACD advocated for the inclusion of the Senates infrastructure language in this package.
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 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. For the year-end omnibus-coronavirs emergency relief package, NACD advocated for the inclusion of the Senates infrastructure language in this package.
In the year-end omnibus/coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In the year-end onmibus/coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief pacage. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in the year-end omnibus/coronavirus relief package or any upcoming package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
In the year-end omnibus/coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In the year-end omnibus/coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in any upcoming package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
In the year-end onmibus/coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In advance of an additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in any upcoming package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
In advance of the year-end omnibus/additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Opposition to H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and a full House vote is expected in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility. Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program was set to expire on April 18, 2020, at the beginning of the calendar year. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years in addition to comprehensive changes to the program that NACD opposed. On March 5, 2020, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) introduced S. 3416, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020. S. 3416 would extend the CFATS program for 5-years while also making comprehensive changes to the program in the areas of labor representation, information sharing, and whistleblower protections. NACD remained neutral on the legislation while seeking minor changes to the language in the issue areas above. HSGAC Chairtman Johnson also introduced S. 4096, a bill to extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes. This legislation would provide a clean, 3-year extension of the CFATS program's expiration date. NACD supports this legislation and advocated for its passage.
In advance of an additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions.
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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). Miscellaneous Tariff Bill (MTB) Re authorization - The International Trade Commission's Miscellaneous Tariff Bill Program expires at the end of 2020. No legislation has been introduced yet. NACD supports authorization of the program that exempts or reduces tariffs on miscellaneous goods. Generalized System of Preferences (GSP) - The Office of the United States Trade Representative (USTR) is conducting several country reviews that jeopardize the original intent of the program. The Trump administration is not planning to follow the statutory 60-day termination notice requirement for partial country suspensions, which can kill businesses overnight. A removal decision has been made on India and Turkey based on failure to resolve access issues even though India agreed to 80% of U.S. demands. Decisions could take effect on May 4, 2019. NACD urges Congress to request USTR to delay GSP removal on India and Turkey. NACD continued to advocate for business relief measures to be included as part of the text in any upcoming coronavirus emergency relief package including tariff eliminations or deferrals.
In any upcoming coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In advance of an additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in any upcoming package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
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 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. For any upcoming coronavirs emergency relief package, NACD advocated for the inclusion of the Senates infrastructure language in this package.
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Opposition to H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and awaiting a full House vote in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility.
HR 397 - Rehabilitation for Multiemployer Pensions Act - Otherwise known as the Butch-Lewis Act, this serves as the Democrats solution to the Multiemployer Pension Solvency Crisis by 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 the crisis as well as moving debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multiemployer pensions. HR 4069 - Modern Worker Empowerment Act - H.R. 4069 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. HR2474/S1306 - PRO Act or Protecting the Right to Organize Act of 2019 - The bill, among several different provisions, 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. In any upcoming coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In advance of an additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in any upcoming package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
In any additional coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In advance of an additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief pacage. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in any upcoming package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
Generalized System of Preferences (GSP) - The Office of the United States Trade Representative (USTR) is conducting several country reviews that jeopardize the original intent of the program. The Trump administration is not planning to follow the statutory 60-day termination notice requirement for partial country suspensions, which can kill businesses overnight. A removal decision has been made on India and Turkey based on failure to resolve access issues even though India agreed to 80% of U.S. demands. Decisions could take effect on May 4, 2019. NACD urges Congress to request USTR to delay GSP removal on India and Turkey. 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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). United States-Mexico-Canada Agreement (USMCA) - All three countries signed the new NAFTA 2.0 November 30, 2018. Congressional approval is required for the new USMCA. The International Trade Commission was expected to release its USMCA economic impact findings report on April 19, 2019. NACD supported passage of USMCA when the clock started for Congress to have 90 congressional calendar days to respond. NACD supported the passage of the compromised USMCA trade deal in the House and Senate. H.R. 940/ S. 287 - Bicameral Congressional Trade Authority Act of 2019: This legislation proposes amending the Trade Expansion Act of 1962 to require congressional approval before the president adjusts imports that are determined to threaten or impair national security. Article I of the Constitution assigns the Congress exclusive authority to regulate foreign trade and levy taxes, including tariffs. U.S. business and agriculture communities are deeply concerned that the presidents unrestricted imposition of tariffs may not be in the national interest. NACD supports this legislation. S. 899 /H.R. 3477- Reclaiming Congressional Trade Authority Act of 2019: This legislation proposes to limit the authority of the president to modify duty rates for national security reasons and to limit the authority of the United States Trade Representative to impose certain duties or import restrictions and for other purposes.NACD supports this legislation. NACD continued to advocate for business relief measures to be included as part of the text in any upcoming coronavirus emergency relief package including tariff eliminations or deferrals.
In any upcoming coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In advance of an additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in any upcoming package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
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 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 - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings were held in late-2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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. For any additional coronavirus emergency relief package, NACD advocated for the inclusion of the Senates infrastructure language in this package.
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 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 - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings were held in late-2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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. CARES Act - In the third Coronavirus response package, or CARES, NACD again lobbied for tariff relief and other business support measures. NACD advocated for the inclusion of the Senates infrastructure language in this package.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, Surface Transportation Board (STB)
Generalized System of Preferences (GSP) - The Office of the United States Trade Representative (USTR) is conducting several country reviews that jeopardize the original intent of the program. The Trump administration is not planning to follow the statutory 60-day termination notice requirement for partial country suspensions, which can kill businesses overnight. A removal decision has been made on India and Turkey based on failure to resolve access issues even though India agreed to 80% of U.S. demands. Decisions could take effect on May 4, 2019. NACD urges Congress to request USTR to delay GSP removal on India and Turkey. 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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). United States-Mexico-Canada Agreement (USMCA) - All three countries signed the new NAFTA 2.0 November 30, 2018. Congressional approval is required for the new USMCA. The International Trade Commission was expected to release its USMCA economic impact findings report on April 19, 2019. NACD supported passage of USMCA when the clock started for Congress to have 90 congressional calendar days to respond. NACD supported the passage of the compromised USMCA trade deal in the House and Senate. H.R. 940/ S. 287 - Bicameral Congressional Trade Authority Act of 2019: This legislation proposes amending the Trade Expansion Act of 1962 to require congressional approval before the president adjusts imports that are determined to threaten or impair national security. Article I of the Constitution assigns the Congress exclusive authority to regulate foreign trade and levy taxes, including tariffs. U.S. business and agriculture communities are deeply concerned that the presidents unrestricted imposition of tariffs may not be in the national interest. NACD supports this legislation. S. 899 /H.R. 3477- Reclaiming Congressional Trade Authority Act of 2019: This legislation proposes to limit the authority of the president to modify duty rates for national security reasons and to limit the authority of the United States Trade Representative to impose certain duties or import restrictions and for other purposes.NACD supports this legislation. NACD continued to advocate for business relief measures to be included as part of the text in any upcoming coronavirus emergency relief package including tariff eliminations or deferrals.
In any upcoming coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In advance of an additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in any upcoming package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
In any additional coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In advance of an additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief pacage. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in any upcoming package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program was set to expire on April 18, 2020, at the beginning of the calendar year. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years in addition to comprehensive changes to the program that NACD opposed. On March 5, 2020, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) introduced S. 3416, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020. S. 3416 would extend the CFATS program for 5-years while also making comprehensive changes to the program in the areas of labor representation, information sharing, and whistleblower protections. NACD remained neutral on the legislation while seeking minor changes to the language in the issue areas above. HSGAC Chairtman Johnson also introduced S. 4096, a bill to extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes. This legislation would provide a clean, 3-year extension of the CFATS program's expiration date. NACD supports this legislation and advocated for its passage. Customs Trade Partnership Against Terrorism (CTPAT)- HR 3719, the CTPAT Reauthorization Act of 2019, was introduced by Rep. Clay Higgins on July 11, 2019. When an entity joins CTPAT, an agreement is made to work with CBP to protect the supply chain, identify security gaps, and implement specific security measures and best practices. Applicants must address a broad range of security topics and present security profiles that list action plans to align security throughout the supply chain. CTPAT members are considered to be of low risk, and are therefore less likely to be examined at a U.S. port of entry - and therefore speeding up the process. NACD Supports reauthorization of the CTPAT program.
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 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 - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings were held in late-2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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. CARES Act - In the third Coronavirus response package, or CARES, NACD again lobbied for tariff relief and other business support measures. NACD advocated for the inclusion of the Senates infrastructure language in this package.
In any upcoming coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In advance of an additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in any upcoming package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Opposition to H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and awaiting a full House vote in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility.
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Opposition to H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and a full House vote is expected in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility. Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program was set to expire on April 18, 2020, at the beginning of the calendar year. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years in addition to comprehensive changes to the program that NACD opposed. On March 5, 2020, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) introduced S. 3416, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020. S. 3416 would extend the CFATS program for 5-years while also making comprehensive changes to the program in the areas of labor representation, information sharing, and whistleblower protections. NACD remained neutral on the legislation while seeking minor changes to the language in the issue areas above. HSGAC Chairtman Johnson also introduced S. 4096, a bill to extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes. This legislation would provide a clean, 3-year extension of the CFATS program's expiration date. NACD supports this legislation and advocated for its passage.
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 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. For any upcoming coronavirs emergency relief package, NACD advocated for the inclusion of the Senates infrastructure language in this package.
HR 397 - Rehabilitation for Multiemployer Pensions Act - Otherwise known as the Butch-Lewis Act, this serves as the Democrats solution to the Multiemployer Pension Solvency Crisis by 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 the crisis as well as moving debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multiemployer pensions. HR 4069 - Modern Worker Empowerment Act - H.R. 4069 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. HR2474/S1306 - PRO Act or Protecting the Right to Organize Act of 2019 - The bill, among several different provisions, 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. In any upcoming coronavirus response package, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD supported loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. In advance of an additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in any upcoming package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, any future coronavirus emergency relief bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
In advance of an additional coronavirus emergency relief package, NACD again lobbied for tariff relief and other business support measures. NACD offered support and advocated for inclusion of loan forgiveness for Paycheck Protection Program borrowers under $150,000. On June 30, 2020, Senator Kevin Kramer introduced S. 4117, the Paycheck Protection Program Small Business Forgiveness Act, a bill that would modify loan forgiveness under PPP by providing automatic forgiveness of PPP loans that are not more than $150,000 if the recipient submits a one-page form. NACD supports and advocated for the passage of S. 4117 or inclusion of its text in any coronavirus emergency relief package. Maintaining Standard Business Deductions - When Congress passed the CARES Act earlier this year, the Internal Revenue Service took the step of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid. NACD supports measures such as HR6754 and S3612 that would restore these standard business deductions.
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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). Miscellaneous Tariff Bill (MTB) Re authorization - The International Trade Commission's Miscellaneous Tariff Bill Program expires at the end of 2020. No legislation has been introduced yet. NACD supports authorization of the program that exempts or reduces tariffs on miscellaneous goods. Generalized System of Preferences (GSP) - The Office of the United States Trade Representative (USTR) is conducting several country reviews that jeopardize the original intent of the program. The Trump administration is not planning to follow the statutory 60-day termination notice requirement for partial country suspensions, which can kill businesses overnight. A removal decision has been made on India and Turkey based on failure to resolve access issues even though India agreed to 80% of U.S. demands. Decisions could take effect on May 4, 2019. NACD urges Congress to request USTR to delay GSP removal on India and Turkey. NACD continued to advocate for business relief measures to be included as part of the text in any upcoming coronavirus emergency relief package including tariff eliminations or deferrals.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, Surface Transportation Board (STB)
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Opposition to H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and a full House vote is expected in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility. Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program was set to expire on April 18, 2020, at the beginning of the calendar year. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years in addition to comprehensive changes to the program that NACD opposed. On March 5, 2020, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) introduced S. 3416, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020. S. 3416 would extend the CFATS program for 5-years while also making comprehensive changes to the program in the areas of labor representation, information sharing, and whistleblower protections. NACD remained neutral on the legislation while seeking minor changes to the language in the issue areas above. On March 27, 2020, H.R. 748 became Public Law Number 116-136 following its passage through the Senate on March 25, 2020, and through the House of Representatives on March 27, 2020. NACD was supportive of this legislation. Specifically, NACD advocated for and was supportive of the inclusion of a 3-month and 5-day of the CFATS program expiration date. Effectively moving the program's expiration date from April 18, 2020, to July 23, 2020. While NACD would have preferred a longer-term extension or comprehensive reauthorization, NACD advocated foremost for Congress to not risk the program expiring while the U.S. and the world are dealing with the impact of COVID-19.
Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program was set to expire on April 18, 2020, at the beginning of the calendar year. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years in addition to comprehensive changes to the program that NACD opposed. On March 5, 2020, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) introduced S. 3416, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020. S. 3416 would extend the CFATS program for 5-years while also making comprehensive changes to the program in the areas of labor representation, information sharing, and whistleblower protections. NACD remained neutral on the legislation while seeking minor changes to the language in the issue areas above. On March 27, 2020, H.R. 748 became Public Law Number 116-136 following its passage through the Senate on March 25, 2020, and through the House of Representatives on March 27, 2020. NACD was supportive of this legislation. Specifically, NACD advocated for and was supportive of the inclusion of a 3-month and 5-day of the CFATS program expiration date. Effectively moving the program's expiration date from April 18, 2020, to July 23, 2020. While NACD would have preferred a longer-term extension or comprehensive reauthorization, NACD advocated foremost for Congress to not risk the program expiring while the U.S. and the world are dealing with the impact of COVID-19. Customs Trade Partnership Against Terrorism (CTPAT)- HR 3719, the CTPAT Reauthorization Act of 2019, was introduced by Rep. Clay Higgins on July 11, 2019. When an entity joins CTPAT, an agreement is made to work with CBP to protect the supply chain, identify security gaps, and implement specific security measures and best practices. Applicants must address a broad range of security topics and present security profiles that list action plans to align security throughout the supply chain. CTPAT members are considered to be of low risk, and are therefore less likely to be examined at a U.S. port of entry - and therefore speeding up the process. NACD Supports reauthorization of the CTPAT program.
Families First Coronavirus Response Act - In the second Coronavirus response package, or FFCRA, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD was supportive of the loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. CARES Act - In the third Coronavirus response package, or CARES, NACD again lobbied for tariff relief and other business support measures. NACD was supportive of the implementation of the Paycheck Protection Program. NACD lobbied against the inclusion of HR 397, otherwise known as the Butch-Lewis Act, in the final bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
Generalized System of Preferences (GSP) - The Office of the United States Trade Representative (USTR) is conducting several country reviews that jeopardize the original intent of the program. The Trump administration is not planning to follow the statutory 60-day termination notice requirement for partial country suspensions, which can kill businesses overnight. A removal decision has been made on India and Turkey based on failure to resolve access issues even though India agreed to 80% of U.S. demands. Decisions could take effect on May 4, 2019. NACD urges Congress to request USTR to delay GSP removal on India and Turkey. 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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). United States-Mexico-Canada Agreement (USMCA) - All three countries signed the new NAFTA 2.0 November 30, 2018. Congressional approval is required for the new USMCA. The International Trade Commission was expected to release its USMCA economic impact findings report on April 19, 2019. NACD supported passage of USMCA when the clock started for Congress to have 90 congressional calendar days to respond. NACD supported the passage of the compromised USMCA trade deal in the House and Senate. H.R. 940/ S. 287 - Bicameral Congressional Trade Authority Act of 2019: This legislation proposes amending the Trade Expansion Act of 1962 to require congressional approval before the president adjusts imports that are determined to threaten or impair national security. Article I of the Constitution assigns the Congress exclusive authority to regulate foreign trade and levy taxes, including tariffs. U.S. business and agriculture communities are deeply concerned that the presidents unrestricted imposition of tariffs may not be in the national interest. NACD supports this legislation. S. 899 /H.R. 3477- Reclaiming Congressional Trade Authority Act of 2019: This legislation proposes to limit the authority of the president to modify duty rates for national security reasons and to limit the authority of the United States Trade Representative to impose certain duties or import restrictions and for other purposes.NACD supports this legislation. Families First Coronavirus Response Act - In the second Coronavirus response package, or FFCRA, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals.
2019/2020 Infrastructure Package - Democrats, Republicans, and President Trump have all expressed support for passing an infrastructure bill in 2019/2020. NACD supports bipartisan legislative efforts to reform our aging transportation infrastructure, specifically rail systems, highways, and bridges. Rail Reform - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings were held in late-2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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. CARES Act - In the third Coronavirus response package, or CARES, NACD again lobbied for tariff relief and other business support measures. NACD advocated for the inclusion of the Senates infrastructure language in this package.
Families First Coronavirus Response Act - In the second Coronavirus response package, or FFCRA, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD was supportive of the loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. CARES Act - In the third Coronavirus response package, or CARES, NACD again lobbied for tariff relief and other business support measures. NACD was supportive of the implementation of the Paycheck Protection Program. NACD lobbied against the inclusion of HR 397, otherwise known as the Butch-Lewis Act, in the final bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
2019/2020 Infrastructure Package - Democrats, Republicans, and President Trump have all expressed support for passing an infrastructure bill in 2019/2020. NACD supports bipartisan legislative efforts to reform our aging transportation infrastructure, specifically rail systems, highways, and bridges. CARES Act - In the third Coronavirus response package, or CARES, NACD advocated for the inclusion of the Senates infrastructure language in this package.
Families First Coronavirus Response Act - In the second Coronavirus response package, or FFCRA, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD was supportive of the loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. CARES Act - In the third Coronavirus response package, or CARES, NACD again lobbied for tariff relief and other business support measures. NACD was supportive of the implementation of the Paycheck Protection Program. Additionally, NACD advocated for the inclusion of an extension to the CFATS program's expiration date - ultimately, the legislation extended the program's expiration date by 3-months and 5-days to July 23, 2020. Also, NACD advocated for the inclusion of the Senates infrastructure language in this package. NACD lobbied against the inclusion of HR 397, otherwise known as the Butch-Lewis Act, in the final bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
2019/2020 Infrastructure Package - Democrats, Republicans, and President Trump have all expressed support for passing an infrastructure bill in 2019/2020. NACD supports bipartisan legislative efforts to reform our aging transportation infrastructure, specifically rail systems, highways, and bridges. Rail Reform - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings were held in late-2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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. CARES Act - In the third Coronavirus response package, or CARES, NACD advocated for the inclusion of the Senates infrastructure language in this package.
Families First Coronavirus Response Act - In the second Coronavirus response package, or FFCRA, NACD was supportive of the loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. CARES Act - In the third Coronavirus response package, or CARES, NACD was supportive of the implementation of the Paycheck Protection Program.
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Opposition to H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and awaiting a full House vote in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility.
HR 397 - Rehabilitation for Multiemployer Pensions Act - Otherwise known as the Butch-Lewis Act, this serves as the Democrats solution to the Multiemployer Pension Solvency Crisis by 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 the crisis as well as moving debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multiemployer pensions. HR 4069 - Modern Worker Empowerment Act - H.R. 4069 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. HR2474/S1306 - PRO Act or Protecting the Right to Organize Act of 2019 - The bill, among several different provisions, 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. Families First Coronavirus Response Act - In the second Coronavirus response package, or FFCRA, NACD lobbied for business relief measures to be included as part of the text including tariff eliminations or deferrals. Additionally, NACD was supportive of the loan forgiveness feature covering payroll expenses for paid sick and family medical leave time. CARES Act - In the third Coronavirus response package, or CARES, NACD again lobbied for tariff relief and other business support measures. NACD was supportive of the implementation of the Paycheck Protection Program. Additionally, NACD advocated for the inclusion of the Senates infrastructure language in this package. NACD lobbied against inclusion of HR 397, otherwise known as the Butch-Lewis Act, in the final bill as the bill does not address the underlying structural issues of the multiemployer pension crisis.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, Surface Transportation Board (STB)
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Support of legislation championed by Senate Committee on Environment and Public Works Chairman John Barrasso (R-WY), Ranking Member Tom Carper (D-DE), and Senator Shelley Moore Capito (R-WV), S. 1507, the PFAS Release Disclosure Act, was considered in committee and simultaneously filed as an amendment to S. 1790, the must-pass National Defense Authorization Act (NDAA) that was headed to the Senate floor the following week. The bipartisan Senate PFAS package would require a wide variety of actions by various federal agencies, but nothing of great concern. S. 1790 was passed by the Senate June 27, 2019, by a recorded vote of 86-8. Legislation in opposition of the Houses version of the NDAA, H.R. 2500, passed the House July 12, 2019, by a recorded vote of 220-197. The final bill contains PFAS provisions similar to those in the Senate bill, but with some significant differences. Most notably, the House approved an amendment offered by Representatives Debbie Dingell (D-MI) and Dan Kildee (D-MI), requiring the U.S. Environmental Protection Agency to list all PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act. The hazardous substance issue is important and controversial because of its liability implications. Advocated against S.1790 provisions surrounding the inclusion of adding PFAS chemicals as a class under EPA's CERCLA. H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and a full House vote is expected early in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility.
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Support of legislation championed by Senate Committee on Environment and Public Works Chairman John Barrasso (R-WY), Ranking Member Tom Carper (D-DE), and Senator Shelley Moore Capito (R-WV), S. 1507, the PFAS Release Disclosure Act, was considered in committee and simultaneously filed as an amendment to S. 1790, the must-pass National Defense Authorization Act (NDAA) that was headed to the Senate floor the following week. The bipartisan Senate PFAS package would require a wide variety of actions by various federal agencies, but nothing of great concern. S. 1790 was passed by the Senate June 27, 2019, by a recorded vote of 86-8. Legislation in opposition of the Houses version of the NDAA, H.R. 2500, passed the House July 12, 2019, by a recorded vote of 220-197. The final bill contains PFAS provisions similar to those in the Senate bill, but with some significant differences. Most notably, the House approved an amendment offered by Representatives Debbie Dingell (D-MI) and Dan Kildee (D-MI), requiring the U.S. Environmental Protection Agency to list all PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act. The hazardous substance issue is important and controversial because of its liability implications. Advocated against S.1790 provisions surrounding the inclusion of adding PFAS chemicals as a class under EPA's CERCLA. H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and a full House vote is expected early in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility. Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program that expires April 18, 2020. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years.
Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program that expires April 18, 2020. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years.NACD continues to work closely with Congress and other stakeholders to ensure the continued viability of the CFATS program without interruption and to promote a multi-year reauthorization that includes the establishment of a CFATS Recognition Program. Customs Trade Partnership Against Terrorism (CTPAT)- HR 3719, the CTPAT Reauthorization Act of 2019, was introduced by Rep. Clay Higgins on July 11, 2019. When an entity joins CTPAT, an agreement is made to work with CBP to protect the supply chain, identify security gaps, and implement specific security measures and best practices. Applicants must address a broad range of security topics and present security profiles that list action plans to align security throughout the supply chain. CTPAT members are considered to be of low risk, and are therefore less likely to be examined at a U.S. port of entry - and therefore speeding up the process. NACD Supports reauthorization of the CTPAT program.
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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). Miscellaneous Tariff Bill (MTB) Re authorization - The International Trade Commission's Miscellaneous Tariff Bill Program expires at the end of 2020. No legislation has been introduced yet. NACD supports authorization of the program that exempts or reduces tariffs on miscellaneous goods. Generalized System of Preferences (GSP) - The Office of the United States Trade Representative (USTR) is conducting several country reviews that jeopardize the original intent of the program. The Trump administration is not planning to follow the statutory 60-day termination notice requirement for partial country suspensions, which can kill businesses overnight. A removal decision has been made on India and Turkey based on failure to resolve access issues even though India agreed to 80% of U.S. demands. Decisions could take effect on May 4, 2019. NACD urges Congress to request USTR to delay GSP removal on India and Turkey.
Generalized System of Preferences (GSP) - The Office of the United States Trade Representative (USTR) is conducting several country reviews that jeopardize the original intent of the program. The Trump administration is not planning to follow the statutory 60-day termination notice requirement for partial country suspensions, which can kill businesses overnight. A removal decision has been made on India and Turkey based on failure to resolve access issues even though India agreed to 80% of U.S. demands. Decisions could take effect on May 4, 2019. NACD urges Congress to request USTR to delay GSP removal on India and Turkey. 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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). United States-Mexico-Canada Agreement (USMCA) - All three countries signed the new NAFTA 2.0 November 30, 2018. Congressional approval is required for the new USMCA. The International Trade Commission was expected to release its USMCA economic impact findings report on April 19, 2019. NACD supported passage of USMCA when the clock started for Congress to have 90 congressional calendar days to respond. NACD supported the passage of the compromised USMCA trade deal in the House and Senate. H.R. 940/ S. 287 - Bicameral Congressional Trade Authority Act of 2019: This legislation proposes amending the Trade Expansion Act of 1962 to require congressional approval before the president adjusts imports that are determined to threaten or impair national security. Article I of the Constitution assigns the Congress exclusive authority to regulate foreign trade and levy taxes, including tariffs. U.S. business and agriculture communities are deeply concerned that the presidents unrestricted imposition of tariffs may not be in the national interest. NACD supports this legislation. S. 899 /H.R. 3477- Reclaiming Congressional Trade Authority Act of 2019: This legislation proposes to limit the authority of the president to modify duty rates for national security reasons and to limit the authority of the United States Trade Representative to impose certain duties or import restrictions and for other purposes.NACD supports this legislation.
National Defense Authorization Act (NDAA) - Support of legislation championed by Senate Committee on Environment and Public Works Chairman John Barrasso (R-WY), Ranking Member Tom Carper (D-DE), and Senator Shelley Moore Capito (R-WV), S. 1507, the PFAS Release Disclosure Act, was considered in committee and simultaneously filed as an amendment to S. 1790, the must-pass National Defense Authorization Act (NDAA) that was headed to the Senate floor the following week. The bipartisan Senate PFAS package would require a wide variety of actions by various federal agencies, but nothing of great concern. S. 1790 was passed by the Senate June 27, 2019, by a recorded vote of 86-8. Legislation in opposition of the Houses version of the NDAA, H.R. 2500, passed the House July 12, 2019, by a recorded vote of 220-197. The final bill contains PFAS provisions similar to those in the Senate bill, but with some significant differences. Most notably, the House approved an amendment offered by Representatives Debbie Dingell (D-MI) and Dan Kildee (D-MI), requiring the U.S. Environmental Protection Agency to list all PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act. The hazardous substance issue is important and controversial because of its liability implications. Advocated against S.1790 provisions surrounding the inclusion of adding PFAS chemicals as a class under EPA's CERCLA.
2019 Infrastructure Package - Democrats, Republicans, and President Trump have all expressed support for passing an infrastructure bill in 2019/2020. NACD supports bipartisan legislative efforts to reform our aging transportation infrastructure, specifically rail systems, highways, and bridges.
2019 Infrastructure Package - Democrats, Republicans, and President Trump have all expressed support for passing an infrastructure bill in 2019/2020. NACD supports bipartisan legislative efforts to reform our aging transportation infrastructure, specifically rail systems, highways, and bridges. Rail Reform - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings were held in late-2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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.
HR 397 - Rehabilitation for Multiemployer Pensions Act - Otherwise known as the Butch-Lewis Act, this serves as the Democrats solution to the Multiemployer Pension Solvency Crisis by 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 the crisis as well as moving debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multiemployer pensions. HR 4069 - Modern Worker Empowerment Act - H.R. 4069 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. HR2474/S1306 - PRO Act or Protecting the Right to Organize Act of 2019 - The bill, among several different provisions, 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, Surface Transportation Board (STB)
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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA).
2019 Infrastructure Package - Democrats, Republicans, and President Trump have all expressed support for passing an infrastructure bill in 2019. NACD supports bipartisan legislative efforts to reform our aging transportation infrastructure, specifically rail systems, highways, and bridges. Rail Reform - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings are being planned for summer/fall 2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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.
Generalized System of Preferences (GSP) - The Office of the United States Trade Representative (USTR) is conducting several country reviews that jeopardize the original intent of the program. The Trump administration is not planning to follow the statutory 60-day termination notice requirement for partial country suspensions, which can kill businesses overnight. A removal decision has been made on India and Turkey based on failure to resolve access issues even though India agreed to 80% of U.S. demands. Decisions could take effect on May 4, 2019. NACD urges Congress to request USTR to delay GSP removal on India and Turkey. 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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). United States-Mexico-Canada Agreement (USMCA) - All three countries signed the new NAFTA 2.0 November 30, 2018. Congressional approval is required for the new USMCA. The International Trade Commission is expected to release its USMCA economic impact findings report on April 19, 2019. NACD supports passage of USMCA when the clock starts for Congress to have 90 congressional calendar days to respond. NACD opposes Democratic leadership's opposition to USMCA unless Mexico reforms its labor laws.
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Support of legislation championed by Senate Committee on Environment and Public Works Chairman John Barrasso (R-WY), Ranking Member Tom Carper (D-DE), and Senator Shelley Moore Capito (R-WV), S. 1507, the PFAS Release Disclosure Act, was considered in committee and simultaneously filed as an amendment to S. 1790, the must-pass National Defense Authorization Act (NDAA) that was headed to the Senate floor the following week. The bipartisan Senate PFAS package would require a wide variety of actions by various federal agencies, but nothing of great concern. S. 1790 was passed by the Senate June 27, 2019, by a recorded vote of 86-8. Legislation in opposition of the Houses version of the NDAA, H.R. 2500, passed the House July 12, 2019, by a recorded vote of 220-197. The final bill contains PFAS provisions similar to those in the Senate bill, but with some significant differences. Most notably, the House approved an amendment offered by Representatives Debbie Dingell (D-MI) and Dan Kildee (D-MI), requiring the U.S. Environmental Protection Agency to list all PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act. The hazardous substance issue is important and controversial because of its liability implications. A final product between the competing House and Senate NDAA bills is now being negotiated by a conference committee and remains unresolved. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility. Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program that expires April 18, 2020. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, Surface Transportation Board (STB)
2019 Infrastructure Package - Democrats, Republicans, and President Trump have all expressed support for passing an infrastructure bill in 2019. NACD supports bipartisan legislative efforts to reform our aging transportation infrastructure, specifically rail systems, highways, and bridges. Rail Reform - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings are being planned for summer/fall 2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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.
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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA).
Legislation surrounding the reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program. NACD supported the passage of H.R. 251 - the Chemical Facility Anti-Terrorism Standards Program Extension Act - introduced by House of Representatives Committee on Homeland Security Chairman Bennie Thompson (D-MS) and would provide a clean two-year extension of the CFATS program. NACD supported the House passage of H.R. 251 by a vote of 414-3. Shortly after House passage, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) and HSGAC Ranking Member Gary Peters (D-MI) agreed on an amendment to H.R. 251, changing the length of the extension to 15 months. NACD supported the Senate passage of the Senate-amended H.R. 251 by voice vote, sending it back to the House for final approval. On January 17, 2019, the House passed the Senate-amended H.R. 251 by voice vote which provided a clean 15-month extension of the CFATS program the day the program was set to expire. NACD continues to work closely with Congress and other stakeholders to ensure the continued viability of the CFATS program without interruption and to promote a multi-year reauthorization that includes the establishment of a CFATS Recognition Program.
Generalized System of Preferences (GSP) - The Office of the United States Trade Representative (USTR) is conducting several country reviews that jeopardize the original intent of the program. The Trump administration is not planning to follow the statutory 60-day termination notice requirement for partial country suspensions, which can kill businesses overnight. A removal decision has been made on India and Turkey based on failure to resolve access issues even though India agreed to 80% of U.S. demands. Decisions could take effect on May 4, 2019. NACD urges Congress to request USTR to delay GSP removal on India and Turkey. 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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). United States-Mexico-Canada Agreement (USMCA) - All three countries signed the new NAFTA 2.0 November 30, 2018. Congressional approval is required for the new USMCA. The International Trade Commission is expected to release its USMCA economic impact findings report on April 19, 2019. NACD supports passage of USMCA when the clock starts for Congress to have 90 congressional calendar days to respond. NACD opposes Democratic leadership's opposition to USMCA unless Mexico reforms its labor laws.
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, Surface Transportation Board (STB)
Legislation surrounding the reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program. NACD supported the passage of H.R. 251 - the Chemical Facility Anti-Terrorism Standards Program Extension Act - introduced by House of Representatives Committee on Homeland Security Chairman Bennie Thompson (D-MS) and would provide a clean two-year extension of the CFATS program. NACD supported the House passage of H.R. 251 by a vote of 414-3. Shortly after House passage, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) and HSGAC Ranking Member Gary Peters (D-MI) agreed on an amendment to H.R. 251, changing the length of the extension to 15 months. NACD supported the Senate passage of the Senate-amended H.R. 251 by voice vote, sending it back to the House for final approval. On January 17, 2019, the House passed the Senate-amended H.R. 251 by voice vote which provided a clean 15-month extension of the CFATS program the day the program was set to expire. NACD continues to work closely with Congress and other stakeholders to ensure the continued viability of the CFATS program without interruption and to promote a multi-year reauthorization that includes the establishment of a CFATS Recognition Program.
2019 Infrastructure Package - Democrats, Republicans, and President Trump have all expressed support for passing an infrastructure bill in 2019. NACD supports bipartisan legislative efforts to reform our aging transportation infrastructure, specifically rail systems, highways, and bridges. Rail Reform - In 2015, Congress passed S. 808, the Surface Transportation Board Reauthorization Act to reform the Surface Transportation Board (STB). The bill expanded the STB from three to five board members, whom the president appoints and Congress approves. NACD asks Congress to encourage the administration to expedite the STB confirmation process for greater preparation in addressing rail customer concerns. Patrick Fuchs and Marty Oberman have since been nominated and confirmed by Congress and are serving on the STB. The White House is reprocessing Michelle Schultzs paperwork for re-nomination, and Senate Democrats are starting to review potential democratic candidates to recommend to the White House. Congress must reauthorize the STB before it expires in 2020. Hearings are being planned for summer/fall 2019. Support of the DRIVE-Safe Act - On February 26, 2019, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1374) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and Rep. Henry Cuellar (D-TX). Sen. Todd Young (R-IN) and Sen. Jon Tester (D-MT) also introduced the Senate companion bill (S. 569). 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.
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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA).
Generalized System of Preferences (GSP) - The Office of the United States Trade Representative (USTR) is conducting several country reviews that jeopardize the original intent of the program. The Trump administration is not planning to follow the statutory 60-day termination notice requirement for partial country suspensions, which can kill businesses overnight. A removal decision has been made on India and Turkey based on failure to resolve access issues even though India agreed to 80% of U.S. demands. Decisions could take effect on May 4, 2019. NACD urges Congress to request USTR to delay GSP removal on India and Turkey. 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%, but President Trump has twice postponed as the U.S. and China continue trade talks. NACD supports legislation by Senators James Lankford (R-OK) and Chris Coons (D-DE) and Representatives Ron Kind (D-WI) and Jackie Walorski (R-IN) who have introduced the Import Tax Relief Act (H.R 1452, S. 577), which directs USTR to provide a tariff exclusion process for tranche 3 301 tariffs. NACD supports The Bicameral Congressional Trade Authority Act (H.R. 940, S. 287), legislation that withdraws tariff authority from the executive branch and returns it to Congress, has also been introduced by Representatives Mike Gallagher (R-WI) and Ron Kind (D-WI) and Senators Pat Toomey (R-PA) and Mark Warner (D-VA). United States-Mexico-Canada Agreement (USMCA) - All three countries signed the new NAFTA 2.0 November 30, 2018. Congressional approval is required for the new USMCA. The International Trade Commission is expected to release its USMCA economic impact findings report on April 19, 2019. NACD supports passage of USMCA when the clock starts for Congress to have 90 congressional calendar days to respond. NACD opposes Democratic leadership's opposition to USMCA unless Mexico reforms its labor laws.
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 include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, Surface Transportation Board (STB)
Legislative efforts to regulate cosmetics. No specific legislation has been introduced to-date. Legislative efforts in support of 2018 reauthorization of the Department of Homeland Security's Chemical Facilities Anti-Terrorism Standards (CFATS) program. Legislative efforts include support of S.3405, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2018, introduced by Senate Homeland Security and Governmental Affairs Committee Chairman Ron Johnson (R-WI) on September 4, 2018. This legislation would provide the Chemical Facility Anti-Terrorism Standards (CFATS) program with a five-year reauthorization; direct the Department of Homeland Security (DHS) to establish the CFATS Recognition Program to reward CFATS-covered facilities that participate in industry stewardship programs, such as NACD Responsible Distribution; reduce the frequency of CFATS inspections; codify the requirement that DHS file notice of proposed rulemaking and request for comments prior to making changes to Appendix A - Chemicals of Interest list; and allow facilities the option to apply PSP to Tier 3 and 4 facilities, rather than require it. Legislative efforts include support of H.R.6992, a companion bill to S.3405, introduced in the House of Representatives by Congressman John Katko (R-NY). The bills are identical with the exception of 2 amendments offered at Senate HSGAC markup by Ranking Member Claire McCaskill (D-MO).
Legislative efforts included conveying to congressional offices the importance of rail reform and how best to legislatively address CSXs current customer service disruptions. CSX Corporations new management has increased customer frustrations over longer transit times, unreliable switching operations, inefficient car routing, and poor customer service. Because of this, the STB has been stepping in as mediator between the rail company and their disgruntled customers. Legislative efforts to encourage Congress to expedite the STB nominating process for greater preparation in addressing rail customer concerns. The 2015 STB Reauthorization bill expanded the STB from three to five board members whom the President appoints and Congress approves. At present, there are three open board member slots. the bill expanded the STB from three to five board members whom the President appoints and Congress approves. At present, there are three open board member slots. No sign of change from CSX and short three board members impedes the STB from aggressively executing their congressional authority in making sure CSX is strong enough to handle the needs of American shippers. Legislative efforts in support of H.R. 5358, the DRIVE-Safe Act, introduced by Rep. Duncan Hunter (R-CA-50). This piece of legislation expands the availability of commercially licensed drivers by creating workforce opportunities for the nations 18- through 21-year-old population. Currently, most states allow individuals to obtain commercial drivers licenses at age 18, however, they prohibit drivers from moving goods across state lines until they are 21. Legislative efforts include support of a Senate companion bill to H.R.5358, S.3352, introduced by Senators Todd Young (R-IN), Jerry Moran (R-KS), and Jim Inhofe (R-OK). The bill has been referred to the House Committee on Transportation and Infrastructure Subcommittee on Highways and Transit. The U.S. Senate companion bill sits in the Senate Committee on Commerce, Science, and Transportation.
Legislative efforts to introduce legislation related to regulatory reform - specifically EPA's unbalanced/improper enforcement activities. Legislative efforts to regulate cosmetics. No specific legislation has been introduced to date. Legislative efforts regarding emissions of ethylene oxide from some types of industrial facilities across the country.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, Surface Transportation Board (STB)
Legislative efforts opposing the Trump Administration's efforts to reduce the U.S. trade imbalance with China and protect Americas intellectual property rights through a series of tariffs on Chinese imports. Legislative efforts to educate policymakers and others about the important benefits to American companies, workers, and consumers of the Generalized System of Preferences (GSP) program. A U.S. trade program designed to promote economic growth in the developing world by providing preferential duty-free entry for up to 4,800 products from 129 designated beneficiary countries and territories, proactively. Legislative efforts include advocating for retaining GSP eligibility for importing from India, Indonesia, and Thailand. Legislative efforts in support of H.R.4318/S.2108, the Miscellaneous Tariff Bill Act of 2018. Expired since 2012, this legislation trims the duties on more than 1,700 imports deemed not to pose a competitive threat to U.S. producers. It implements a final set of recommendations released in August by the U.S. International Trade Commission for the products, following a move by Congress last year to revise the MTB process when they passed the American Manufacturing Competitiveness Act of 2016. During expiration, businesses have paid billions of dollars of tariffs on products not even made in the U.S. On September 13, 2018, President Trump signed the MTB into law. The MTB suspensions run through the end of 2020. MTB went into effect October 13, 2018. Legislative efforts in support of S. 3013, legislation introduced by Senator Corker (R-TN) to amend the Trade Expansion Act of 1962 to require congressional approval before the president adjusts imports that are determined to threaten to impair national security. Article I of the Constitution assigns the Congress exclusive authority to regulate foreign trade and levy taxes, including tariffs. U.S. business and agriculture communities are deeply concerned that the presidents unrestricted imposition of tariffs may not be in the national interest.
Legislative efforts to regulate cosmetics. No specific legislation has been introduced to-date. Legislative efforts in support of 2018 reauthorization of the Department of Homeland Security's Chemical Facilities Anti-Terrorism Standards (CFATS) program. Legislative efforts include support of S.3405, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2018, introduced by Senate Homeland Security and Governmental Affairs Committee Chairman Ron Johnson (R-WI) on September 4, 2018. This legislation would provide the Chemical Facility Anti-Terrorism Standards (CFATS) program with a five-year reauthorization; direct the Department of Homeland Security (DHS) to establish the CFATS Recognition Program to reward CFATS-covered facilities that participate in industry stewardship programs, such as NACD Responsible Distribution; reduce the frequency of CFATS inspections; codify the requirement that DHS file notice of proposed rulemaking and request for comments prior to making changes to Appendix A - Chemicals of Interest list; and allow facilities the option to apply PSP to Tier 3 and 4 facilities, rather than require it. Legislative efforts include support of H.R.6992, a companion bill to S.3405, introduced in the House of Representatives by Congressman John Katko (R-NY). The bills are identical with the exception of 2 amendments offered at Senate HSGAC markup by Ranking Member Claire McCaskill (D-MO). Legislative efforts in support of HR 5729, the Transportation Worker Identification Credential Accountability Act of 2018. Introduced by Rep. John Katko (R-NY-24), the bill delays implementation of the TWIC Reader Rule, which is due to become effective August 23, 2018. The delay would extend until after the report to Congress is completed, which was required by the Transportation Security Card Program Assessment Act. On July 10, 2018, the U.S. House of Representatives passed H.R.5729 under suspension of the rules, as amended and agreed to by voice vote. On July 26, 2018, the Senate passed H.R. 5729 without amendment by unanimous consent. On August 2, 2018, H.R.5729 was signed by President Trump. Legislation in support of S. 3094, companion legislation to H.R. 5729, introduced in the Senate by Senator Daniel Sullivan (R-AK). The Senate bill has been referred out of committee but has yet to go to the floor for a vote.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, Surface Transportation Board (STB)
Legislative efforts to introduce legislation related to agency use of guidance documents in lieu of rulemaking. Agencies have been issuing guidance and expanding scope and coverage of regulations via memorandum rather than pursuing notice and comment rulemaking since the 2015 Perez v. Mortgage Bankers Association decision. The legislation includes S. 951 - Regulatory Accountability Act of 2017, S. 580 - Truth in Regulations Act of 2017, and S. 584 - Small Business Regulatory Flexibility Improvements Act of 2017. Legislative efforts to regulate cosmetics. No specific legislation has been introduced to-date. Legislative efforts in support of 2018 reauthorization of the Department of Homeland Security's Chemical Facilities Anti-Terrorism Standards (CFATS) program. No legislation has been introduced to date. Legislative efforts in support of HR 5729, the Transportation Worker Identification Credential Accountability Act of 2018. Introduced by Rep. John Katko (R-NY-24), the bill delays implementation of the TWIC Reader Rule, which is due to become effective August 23, 2018. The delay would extend until after the report to Congress is completed, which was required by the Transportation Security Card Program Assessment Act. On July 10, 2018, the bill passed the House under suspension of the rules. Legislation in support of S. 3094, companion legislation to H.R. 5729, introduced in the Senate by Senator Daniel Sullivan (R-AK). The Senate bill has been referred out of committee but has yet to go to the floor for a vote.
Filing targets: HOUSE OF REPRESENTATIVES, SENATE, Surface Transportation Board (STB)