Organization: MCAA

As part of its ongoing commitment to protecting your livelihood and setting the stage for a bright future, MCAA has secured the services of Longbow Public Policy Group to advise our MCAA Government Affairs Committee (GAC). GAC Chair, Jim Gaffney will be passing along information relative to our industry on a regular basis.

On Monday, May 26, 2025 MCAA Lobbying Firm, Longbow Public Policy Group provided the following information:

Trump Administration

President Trump Signs EOs Bolstering Nuclear Industry 

Last Friday, President Trump signed a series of executive orders to overhaul the Nuclear Regulatory Commission (NRC) and speed the deployment of new nuclear power reactors in the U.S. Trump’s orders call for a “total and complete reform” of the NRC and under the new rules, the NRC would be forced to decide on nuclear reactor licenses within 18 months. Trump’s orders also create a regulatory framework for the Departments of Energy and Defense to build nuclear reactors on federal land, which according to a White House official will allow for “safe and reliable nuclear energy to power and operate critical defense facilities and artificial intelligence data centers.” The President’s order also aims to jump start the mining of uranium in the U.S. and expand domestic uranium enrichment capacity. The President also directed faster testing of new reactor designs at the Department of Energy’s national laboratories.

Congress

Senate HELP Advances Nominees to Lead Labor Department Employment and Training Administration and Career, Technical, and Adult Education Office at the U.S. Department of Education

Last Thursday, the Senate Health, Education, Labor, and Pensions (HELP) Committee advanced several nominees in a 12-11 party-line vote, sending them to the full Senate for confirmation. These nominees include Henry Mack, III to lead the Labor Department’s Employment and Training Administration, which oversees federal workforce training and registered apprenticeship programs, and Kevin O’Farrell, President Trump’s nominee to serve as Assistant Secretary for Career, Technical, and Adult Education at the U.S. Department of Education. O’Farrell will be responsible for working with Mack to rejuvenate career and technical education at the nation’s schools.

Unfortunately, the Senate HELP Committee advanced these nominees without a confirmation hearing. MCAA had no opportunity to submit questions to lawmakers regarding nominees’ views on federal workforce training and registered apprenticeship issues. This is particularly concerning because, if confirmed, Mack and O’Farrell will have key roles in implementing President Trump’s recent executive order (EO) on Preparing Americans for High-Paying Skilled Trade Jobs of the Future and lawmakers did not have an opportunity to press them on how they would do this. We have been conducting outreach to Senate lawmakers to see if this instance of advancing nominees without confirmation hearings will become a trend, which would severely limit our ability to press nominees on various issues of interest to MCAA before they are confirmed by the Senate.

Bipartisan Lawmakers Introduce Legislation to Support Domestic Nuclear Industry

Last Monday, Senators Jim Risch (R-ID), Mike Lee (R-UT), Martin Heinrich (D-NM), and Chris Coons (D-DE) introduced the International Nuclear Energy Act, which aims to support the U.S. domestic nuclear industry’s leadership and offset China and Russia’s growing influence over nuclear energy development. 

The legislation would: (1) support the establishment of an office to coordinate civil nuclear exports strategy, establish financing relationships, promote regulatory harmonization, enhance safeguards and security, promote standardization of licensing framework, and create a nuclear exports working group; (2) create programs to facilitate international nuclear energy cooperation to develop financing relationships, training, education, market analysis, safety, security, safeguards and nuclear governance required for a civil nuclear program; (3) require a Cabinet-level biennial summit focused on nuclear safety, security, and safeguards to enhance cooperative relationships between private industry and government; and (4) establish a Strategic Infrastructure Working Group to determine how to best structure a fund to finance projects critical to national security.

MCAA Issues and Interests 

Project Labor Agreements

Federal Court Grants Injunction to Uphold Biden-era PLA Mandate for Federal Construction

As we continue to lobby to preserve President Biden’s MCAA-supported executive order on project labor agreements, we learned that late last Friday, the U.S. District Court for the District of Columbia granted North America’s Building Trades Unions (NABTU) a preliminary injunction based on their claim that the Trump Administration is violating federal law by failing to abide at all Departments and federal agencies by President Biden’s MCAA-supported executive order creating a presumption that project labor agreements (PLAs) will be used on large-scale federal construction projects expected to cost $35 million or more. The lawsuit comes after the Department of Defense (DOD) and the General Services Administration (GSA) earlier this year responded to a January Federal Court of Claims decision upholding several bid protests over PLA language in DOD and GSA contracts by issuing a class deviation for all DOD and GSA contracts to forgo PLA language. While this District Court ruling is a win, we are concerned that this case could now prompt the Trump Administration to move to fully rescind President Biden’s PLA executive order (EO) and have been redoubling our lobbying efforts to preserve this EO.

Registered Apprenticeship

Labor Secretary Testifies Before Senate Appropriations Labor-HHS Subcommittee Regarding FY 2026 Budget Request 

Last Thursday, the MCAA policy team monitored and engaged on Labor Secretary Lori Chavez-DeRemer’s testimony before the Senate Appropriations Subcommittee on Labor-Health and Human Services regarding President Trump’s fiscal year (FY) 2026 budget request. Apprenticeship programs, as well as the Trump Administration’s proposed reformulation of federal worker training programs known as “Make America Skilled Again” (MASA) block grants, were a focus of the hearing. Chavez-DeRemer asserted that workforce training and apprenticeships were a key part of the Trump Administration’s “worker centric” approach and explained that the President’s budget reflects a desire to give states and localities flexibility to spend workforce dollars as they see fit. She also argued that the Trump Administration’s proposal to consolidate workforce training under MASA will give states and localities more control, while eliminating “burdensome” federal program requirements for training programs that get federal funds. Chavez-DeRemer also explained that in order to achieve the Trump Administration’s goal of 1 million new apprentices, she will be presenting the President with a plan to reorient federal workforce programs to prepare the U.S. economy for reshoring and re-industrialization. In response to questions submitted by the MCAA and its allies regarding this reorientation, Secretary Chavez-DeRemer declined to provide any details or even commit to a public input process before releasing the plan. 

During the hearing, Subcommittee Ranking Member Senator Tammy Baldwin (D-WI) criticized the Trump Administration for “going backwards on apprenticeship,” and pointed to the cancellation of several apprenticeship contracts and to the President’s budget request, which she said “really decimates” funding for state and local workforce programs. 

Misclassification of Construction Workers as Independent Contractors

DOL Announces Appointees for Wage and Hour Division

Last Friday, the Labor Department announced five political appointees for the Wage and Hour Division at the U.S. Department of Labor, which enforces federal wage and hour laws , including the classification of workers as employees or independent contractors. The appointees include Donald M. Harrison, III as acting Wage and Hour Administrator and Caroline Brown, W. Glenn Viers, Garret Buttrey, and Dana M. Deason as Senior Policy Advisors. These appointees will be tasked with, among other things, deciding the fate of the MCAA-supported, Biden-era independent contractor rule making it harder to misclassify construction workers as independent contractors and the Biden-era, MCAA-supported final rule on Davis-Bacon Modernization. 

Pension Reform

Bipartisan Lawmakers Introduce “Auto Reenroll Act”

As we continue conversations on Capitol Hill regarding the MCAA’s pension reform priorities, we were informed early last week that Senate Health, Education, Labor, and Pensions Committee Chair Bill Cassidy (R-LA) and Senator Tim Kaine (D-VA) were introducing the Auto Reenroll Act that would amend safe harbors in ERISA and the Internal Revenue Code to permit retirement plan sponsors to reenroll non-participants at least once every three years, unless the individual affirmatively opts out again. The legislation is endorsed by AARP, the American Benefits Council, the American Retirement Association, Edward Jones, Empower, LPL Financial, Nationwide Retirement Solutions, and Transamerica. We are working with the National Coordinating Committee on Multiemployer Plans to confirm what, if any, impacts this legislation will have on multiemployer defined benefit plans.

Decarbonization

Final Rescission of Two Biden-Era Decarbonization Rulemakings After MCAA Successfully Advocated Congressional Review Act Resolutions Disapproving of These Final Rules

MCAA successfully lobbied to rescind two Biden-era decarbonization final rules. Last week, the Federal Register published the formal notices rescinding these rules from the Code of Federal Regulations. One is the Department of Energy’s final rule on Energy Conservation Standards for Consumer Gas-Fired Instantaneous Water Heaters. The other is the Environmental Protection Agency’s final rule on the Waste Emissions Charge for Petroleum and Natural Gas Systems. 

Other Interesting Things Since Our Last Report 

May 22, 2025

• The House Appropriations Committee announced plans to begin marking up the 12 fiscal year 2026 appropriations bills on June 5, starting with the Military Construction-Veterans Affairs and Agriculture Subcommittee markups. The Committee is aiming to complete the mark-up process by July 24^th with a full Committee markup of the Labor-Health and Human Services spending bill. It’s still unclear when the White House will release its full fiscal year 2026 budget, but there have been indications it will arrive in late May or early June, before House Appropriations Chair Tom Cole (R-OK) starts bringing bills before the committee. MCAA will be deeply engaged on the appropriations bills seeking to advance our priorities and fight off expected amendments seeking to curtail federal prevailing wage and the application of PLAs.

• The Environmental Protection Agency (EPA) issued a memorandum clarifying the specific limited role that states play in the federal licensing and permitting processes under Clean Water Act (CWA) section 401, which authorizes states to review water quality impacts that could result from federally licensed or permitted projects. The memorandum clarifies that a state’s evaluation is limited to considering negative impacts to water quality that prevent compliance with applicable water quality requirements. The memorandum is available here. 

• MCAA health plan trustees may be interested to know that the Departments of Labor, Health and Human Services, and Treasury issued a Request for Information (RFI) seeking public input on how to improve prescription drug price transparency. The RFI seeks input regarding prescription drug price disclosure requirements, including information on existing prescription drug file data elements and information on implementation generally, such as the ability of health plans to access necessary data for reporting, as well as state approaches and innovation. The agencies also released updated guidance for health plans and issuers that sets a clear applicability date for publishing an enhanced technical format for disclosures. These improvements are designed to eliminate meaningless or duplicative data and make cost information easier for consumers to understand and use. Separately, the Centers for Medicare and Medicaid Services announced a significant expansion of its auditing efforts for Medicare Advantage (MA) plans. Per the release, CMS will immediately begin auditing all MA contracts for each payment year in all newly initiated audits and will invest additional resources to expedite the completion of audits for payment years 2018 through 2024. 

May 21, 2025

• In an open letter to Congress, the heads of the nation’s 10 largest airlines called on Congress to fund a major modernization of America’s antiquated air traffic control system warning that “the current system is failing Americans.” The CEOs explained that “it’s more expensive to continue supporting the technology and equipment from the 1980s than it is to buy a new ATC system,” and that the antiquated air traffic control system is forcing their companies “to fly fewer flights.” The letter comes as Congress prepares to consider appropriations bills for fiscal year 2026 beginning next month.

• A new report by the group Data Center Watch, tracking opposition to constructing new data centers, found that as much as $64 billion in projects have been blocked or delayed by a growing wave of local, bipartisan opposition to the projects. Most of the projects affected are in Northern Virginia, where $900 million in projects have been blocked and $45.8 billion in projects have been delayed. The report noted that Republican elected officials made up 55% of those critical of data center projects, primarily over concerns about the use of the tax incentives. Democrats made up 45% of those opposing data center projects, largely over water use and other environmental concerns.

• Senate Banking Committee Chair Tim Scott (R-SC), along with Committee members Senators Mike Rounds (R-SC) and Bill Hagerty (R-TN) raised concerns over proxy advisors’ influence over corporate governance of U.S. public companies and their pursuit of radical environmental and social policies through their control of the shareholder proxy voting process. In a letter to the leaders of Institutional Shareholder Services Inc. (ISS) and Glass, Lewis & Co., the lawmakers highlighted what they called “the lack of transparency, accountability, and oversight facing the firms while their decisions impact U.S. public policy on important economic, environmental, and social issues.” The members are demanding information to better understand the firms’ foundations for recommendations, their potential for conflicts of interest, and the processes used to develop and apply voting policies on climate change resolutions and other issues placed before corporate shareholders.

• Donald Trump, Jr. said that he would not rule out a future run for the White House, saying that “I think my father has truly changed the Republican Party.”

May 20, 2025

• The Equal Employment Opportunity Commission (EEOC) opened the 2024 EEO-1 Component 1 data collection requiring private employers with 100 or more employees and federal contractors with 50 or more employees that meet certain criteria to report online the number of individuals they employ by job category and by sex and race or ethnicity. The deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. In a message to EEO-1 Component 1 filers, acting EEOC Chair Andrea Lucas sought to “remind [employers] of [their] obligation under Title VII of the Civil Rights Act of 1964 not to take any employment actions based on, or motivated in whole or in part by, an employee’s race, sex, or other protected characteristics.” Lucas also said that companies and organizations “may not use information about [their] employees’ race/ethnicity or sex—including demographic data collected and reported in EEO-1 Component 1 reports—to facilitate unlawful employment discrimination based on race, sex, or other protected characteristics in violation of Title VII.” Lucas also explained that “there is no ‘diversity’ exception to Title VII’s requirements.”

• The Environmental Protection Agency (EPA) announced $30.7 million in grant funding for training and technical assistance to address technical, financial, and managerial needs at small public drinking water and wastewater systems (i.e., systems serving 10,000 or fewer customers). The grants include: (1) $9 million to the National Rural Water Association to enhance operator licensing and conduct troubleshooting to determine factors affecting performance in small systems; (2) $14.5 million to the Rural Community Assistance Partnership to develop lead service line replacement plans, improve cybersecurity, and help private drinking water well owners and small publicly owned wastewater and on-site/decentralized wastewater systems improve water quality, including testing for per- and polyfluoroalkyl substances contamination; and (3) $7 million to Southwest Environmental Finance Center at the University of New Mexico to build small system capabilities and improve operation efficiency and overall drinking water system performance. Additionally, EPA announced that it is re-launching the Water Infrastructure and Capacity Assessment Tool (Water ICAT), an interactive map that identifies drinking water and wastewater utilities that may benefit from water infrastructure technical assistance.

• The Justice Department announced the creation of a “Civil Rights Fraud Initiative” that will utilize the False Claims Act to investigate and/or pursue claims against recipients of federal funds that knowingly violate civil rights laws. The initiative appears to specifically target institutions that “take federal money only to allow anti-Semitism and promote diversity, equity, and inclusion (DEI) policies.”

May 19, 2025

• The House passed by unanimous voice vote the “Clean Energy Demonstration Transparency Act” (H.R. 1453). The legislation amends the Bipartisan Infrastructure Law to require additional reporting by the Energy Department (DOE) regarding clean energy demonstration projects, including: (1) a copy of any initial contracts or financial assistance agreements executed between DOE and an award recipient; (2) a list of any material, technical, or financial milestones that have or have not been met; and (3) any material modifications to the scope, schedule, funding profile (including cost-share requirements), project partners or participating entities, or budget of the project.

• It was revealed that the Trump Energy Department plans to cancel seven major loans and loan guarantees that were conditionally approved under the Biden Administration. The cancellations include three that were still scheduled for completion by their sponsors, including a transmission project by a New Jersey utility, a loan program for low-income homeowners to install rooftop solar panels by Sunnova, and a factory to produce low-carbon ammonia by Monolith Nebraska. The remaining four projects were already previously cancelled by their companies because of other various headwinds, including three battery factories for Redwood Materials, Aspen Aerogels, and KORE Power, and a plastics recycling facility by International Recycling Group.

Around the Country 

Northeast 

• On May 22^nd, the Environmental Protection Agency (EPA) announced a partnership with the City of Albany and the New York State Department of Health to improve water quality in Albany, NY after finding elevated levels of lead in the city’s drinking water. EPA issued an order of consent that requires the replacement of lead service lines in the city, which serve approximately 98,000 people.

• On May 21^st, the National Labor Relations Board (NLRB) announced that on May 7^th, NLRB Administrative Law Judge Geoffrey Carter ruled that RCL Mechanical, Inc., a plumbing company located in Raynham, Massachusetts violated the National Labor Relations Act (NLRA) by, among other things, interrogating and threatening workers, soliciting grievances, creating an impression of surveillance, and threatening employees with discipline if they supported the UA Gasfitters Local 12’s organizing drive. Judge Carter also found that RCL illegally transferred, disciplined, laid off and terminated employees in violation of the NLRA and issued a remedial bargaining order. In addition to the bargaining order, the judge ordered the employer to cease and desist from making unlawful threats and promises, rescind the unlawful discipline, and reinstate the terminated workers with backpay.

• On May 21^st, Representative Gerry Connolly (D-VA), the Ranking Member on the House Oversight Committee, passed away at 75 after a bout with esophageal cancer. 
  

• On May 20^th, Representative Jared Golden (D-ME) announced he will seek a fifth term representing Maine’s 2^ndCongressional District, ending speculation that he might challenge Maine’s senior Senator Susan Collins (R) in 2026.

• On May 19^th, the stop work order on the Equinor Wind Project offshore New York was lifted after the Interior Department reversed course and said the project could proceed as part of an apparent deal Governor Kathy Hochul (D-NY) made with the Trump Administration to allow gas pipeline projects to move forward in New York that will also increase gas capacity for New England.

• On May 19^th, Wynn Resorts announced that it is abandoning plans to develop an integrated casino resort in the Hudson Yards neighborhood of Manhattan with Related Companies and halting its efforts to get a casino license in New York. Wynn said it has become clear through the rezoning process that there are better uses for its capital and that it is surrendering to the inevitability of “years of persistent opposition” to the project.

West

• On May 22^nd, the Interior Department announced that the Bureau of Safety and Environmental Enforcement has been formally designated as the lead federal agency responsible for overseeing the decommissioning of oil and gas platforms within the Chumash Heritage National Marine Sanctuary near California, the responsibility for which has been transferred from the Department of Commerce. The sanctuary encompasses 4,543 square miles of Central California coastline. 

• On May 21^st, the Interior Department released a new U.S. Geological Survey assessment that identifies 473 million barrels of oil and 27 trillion cubic feet of natural gas in the Mowry Composite Total Petroleum System spanning parts of Wyoming, Colorado, and Utah that is undiscovered and technically recoverable. The full geologic assessment is available here. 

Northwest 

• On May 20^th, it was reported that while office space occupancy rates in most major cities are recovering from pandemic-era lows, Portland’s 35% office vacancy rate hasn’t budged because employers have fled the city due to crime and quality of life issues associated with ongoing homelessness problems that were fueled by the state’s botched experiment with drug decriminalization. The premier office tower in downtown Portland is currently on the market for half the price it went for a decade ago. 

Midwest 

• On May 19^th, the Environmental Protection Agency (EPA) announced it is lifting the EPA’s 2016 Safe Drinking Water Act (SDWA) emergency order on drinking water from Flint, Michigan because the city has completed the SDWA’s requirements. The city has replaced over 97% of legacy lead pipes carrying water to homes and water sampling shows that Flint’s water system is now in compliance with lead standards.

Southeast

• On May 22^nd, the Labor Department’s Wage and Hour Division (WHD) announced that it recovered more than $207,470 in back wages and damages for 157 workers from a Michigan electrical services contractor, M.J. Electric LLC, for failing to pay proper overtime rates to workers at job sites in Kentucky and Arizona. The WHD found that the contractor did not include non-discretionary bonuses in employees’ regular rate of pay when calculating overtime pay. The investigation initially revealed the overtime violation at the TVA’s Paradise Simple Cycle Project in Drakesboro, Kentucky. The investigation was expanded after similar violations were found at an M.J. Electric project in Arizona.

• On May 20^th, the Tennessee Valley Authority (TVA) announced it submitted a construction permit application to the Nuclear Regulatory Commission for a small, next-generation modular nuclear reactor at its Clinch River Site in Oak Ridge, Tennessee.

• On May 19^th, the Transportation Department’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced that it will locate the PHMSA National Center for Excellence for Liquefied Natural Gas (LNG) Safety in Lake Charles, Louisiana. The Center of Excellence will facilitate research and development, training, and regulatory coordination and will encourage the development of LNG safety solutions. More information on the Center of Excellence is available here.

Southwest

• On May 21^st, it was announced an Abilene, Texas artificial intelligence data center project central to OpenAI’s efforts to reduce its reliance on Microsoft for computing power secured $11.6 billion in funding to expand from two to eight buildings, increasing the total amount secured for the project to $15 billion. Construction on the Abilene site started last June 2024 after Oracle agreed to lease the data center for 15 years and rent servers from the facility to OpenAI.

• On May 16^th, Immigration and Customs Enforcement (ICE) announced the arrest of 31 individuals for immigration-related violations during a targeted joint federal-state-local worksite enforcement operation at an unnamed business and two construction sites in Laredo, Texas. The individuals arrested were citizens of Mexico, Honduras, and El Salvador, and all have been transferred to ICE custody and are pending removal proceedings.

As part of its ongoing commitment to protecting your livelihood and setting the stage for a bright future, MCAA has secured the services of Longbow Public Policy Group to advise our MCAA Government Affairs Committee (GAC). GAC Chair, Jim Gaffney will be passing along information relative to our industry on a regular basis.

On Monday, May 19, 2025 MCAA Lobbying Firm, Longbow Public Policy Group provided the following information:

Trump Administration

EPA Announces Plans to Curtail Biden-Era Regulations for PFAS in Drinking Water Systems

On May 14^th, the Environmental Protection Agency (EPA) announced plans to curtail Biden-era National Primary Drinking Water Regulations for perfluoroalkyl and polyfluoroalkyl substances (PFAS) in drinking water systems. These PFAS chemicals are often called “forever chemicals” because they take a very long time to degrade and pose risks to human health as they leak into water and soil. In April 2024, the Biden EPA set Maximum Contaminant Levels (MCLs) for five individual PFAS chemicals—PFOA, PFOS, PFNA, PFHxS, and HFPO-DA—and mixtures of these chemicals and required all public water systems to complete monitoring for these chemicals and start public reporting on the amount of each of these PFAS chemicals in their drinking water by 2027.

Under the new Trump EPA proposal, EPA is rescinding and reconsidering its prior determination to regulate the PFAS chemicals PENA, PFHxS, HFP-DA, and mixtures thereof regulated under the Biden-era rule. EPA is also delaying from 2027 until 2031 the requirement the Biden EPA imposed on drinking water systems to address the two PFAS chemicals—PFOA and PFOS. The EPA is taking this action despite a recent analysis of EPA data showing that PFAS chemicals have recently been detected in hundreds of water systems serving over 84 million Americans.

Relatedly, on April 28^th, the Environmental Protection Agency (EPA) announced that it will establish limits on the amount of per- and polyfluoroalkyl substances (PFAS) that can be discharged into the water. The limitations will apply to companies that make these substances, as well as metal finishers. In 2021, the Biden Administration similarly announced plans to propose limits on the release of PFAS but never proposed any standards. The EPA detailed actions the agency plans to take to address PFAS chemicals, including: (1) implementing a PFAS testing strategy under Section 4 of the Toxic Substances Control Act; (2) providing annual updates to the PFAS Destruction and Disposal Guidance; (3) using Safe Drinking Water Act authority to investigate and address immediate endangerment; and (4) addressing the most significant compliance challenges and requests from Congress and drinking water systems related to national primary drinking water regulations for certain PFAS.

President Trump Releases FY2025 Budget 

On May 2^nd, President Trump released his fiscal year (FY) 2026 budget request calling for a 13% increase in defense and border security spending and a 22.6% reduction in nondefense spending. For U.S. Department of Labor (DOL), the budget proposes a 26% cut in funding for a total reduction of $3.63 billion from current funding levels. The FY 2026 DOL Budget includes a cut of $1.6 billion as part of a “Make America Skilled Again (MASA) Grant Consolidation” proposal that would require states and localities to allocate more funding for workforce development programs. It would require states to spend at least 10% of their federal workforce training funds on apprenticeships. Other highlights of the FY 26 Budget of interest to MCAA include:

• Cutting $408 million from the Energy Department’s Office of Nuclear Energy. 
• Eliminating from the Energy Department’s budget $15.24 billion in Bipartisan Infrastructure Law funding for renewable energy, carbon capture, and “other costly technologies burdensome to ratepayers and consumers.” 
• Adding $596 million to the Transportation Department’s budget for Shipbuilding and Port Infrastructure, including additional monies for the Small Shipyards Program to “jumpstart America’s domestic shipbuilding supply chain.” 
• Adding $9 million to the EPA’s Drinking Water Programs “to properly equip EPA with funds to respond to drinking water disasters.” 
• Removing $2.46 billion from the EPA’s Clean and Drinking Water State Revolving Loan Funds based on the Administration’s view that “states should be responsible for funding their own water infrastructure projects.”

Presidential budgets are a declaration of priorities and a starting point for the congressional appropriations process. Appropriations bills can be filibustered in the Senate, so some degree of bipartisan consensus is required. MCAA will be actively engaged throughout the budget and appropriations process to protect our members’ interests.

Trump Nominates Brittany Panuccio to the EEOC 

On May 7^th, President Trump nominated Brittany Panuccio, who is currently serving as an Assistant U.S. Attorney in Florida, to fill a vacancy on the Equal Employment Opportunity Commission (EEOC) that was created by Trump’s firing of two Democratic EEOC commissioners earlier this year. Panuccio is a former special counselor at the Department of Education and was also an associate at the law firm Jones Day. Earlier in her career, she clerked for the U.S. Court of Appeals for the District of Columbia Circuit and U.S. Court of Appeals for the Fifth Circuit. If confirmed by the Senate, Panuccio would give the EEOC a quorum to hold votes and take other actions under a Republican majority at the Commission. Her term would expire in July 2029.

President Trump Signs EO that Could Restrict Federal Funding to State and Local “Sanctuary” Jurisdictions Reducing Funds for Public Works

On April 28^th, President Trump signed an Executive Order entitled, “Protecting American Communities from Criminal Aliens,” seeking to “protect” citizens “from dangerous illegal aliens” by withholding federal funds from jurisdiction the Administration classifies as “sanctuary cities” because they do not cooperate with federal immigration authorities. The Executive Order directs the Departments of Justice (DOJ) and Homeland Security (DHS) to publish a list of jurisdictions obstructing federal immigration enforcement and notify each of these jurisdictions that it is non-compliant. If a jurisdiction fails to come into compliance, DOJ and DHS are directed to pursue “all necessary legal remedies and enforcement measures”—including terminating federal funding these jurisdictions receive.

Nuclear Regulatory Commission Losing its Independence as Administration Enforces its Vision of a Unitary Executive

As we continued our outreach to the Trump Administration on the MCAA’s nuclear priorities, we learned that the Trump Administration will require that going forward the Nuclear Regulatory Commission (NRC) must send new rules regarding reactor safety to the White House, where they will be reviewed and possibly edited in a “radical departure” for the NRC, which historically has been among the most independent agencies in the government. Additionally, President Trump is reportedly planning to sign various Executive Orders related to the NRC and the nuclear industry, including orders reducing the size of the NRC’s staff and shortening the time to review reactor designs, along with orders calling for the construction of small modular nuclear reactors at military bases and for the development of advanced nuclear fuels.

Congress

Labor Secretary DeRemer Testifies on DOL’s FY26 Budget Request 

Last Thursday, the MCAA policy team monitored Labor Secretary Lori Chavez-DeRemer’s appearance before the House Appropriations Subcommittee on Labor and Health and Human Services regarding her department’s fiscal year 2026 budget request. During the hearing, Chavez-DeRemer sought to highlight her commitment to visiting workers in all 50 states and serving as a voice for workers. Chavez-DeRemer also noted President Trump’s “mandate from workers,” including union workers, to overhaul U.S. job training programs to eliminate fraud, waste, and abuse and highlighted recent visits to UBC and IBEW training centers. Throughout the hearing, Chavez-DeRemer refused to answer questions that MCAA and its allies had encouraged members to ask about DOL’s regulations on independent contractor status and prevailing wage due to pending litigation on these issues. She also relied on the existence of pending litigation to refuse to respond to questions about several other issues ranging from overtime rules to DOL’s staffing levels. DeRemer also avoided providing any details about planned changes to federal workforce training and registered apprenticeship to implement President Trump’s Executive Order 14278—Preparing Americans for High-Paying Skilled Trade Jobs of the Future, which calls for the creation of 1 million new apprentices and directs an overhaul and streamlining of federal job training programs.

House Appropriations Committee Ranking Member Rosa DeLauro (D-CT) took Chavez-DeRemer to task during the hearing for celebrating with Elon Musk the cancellation of Women in Apprenticeship and Nontraditional Occupations (WANTO) grants from the Labor Department’s Women’s Bureau that train women for occupations in the trades. DeLauro’s attack made Chavez-DeRemer uncomfortable and compelled the Secretary to defend her commitment to women in the workforce, saying, “I am a woman and I am in the workforce.” Rep. Steny Hoyer (D-MD) also appeared particularly frustrated by Chavez-DeRemer’s refusal to discuss how many Labor Department employees accepted early buyouts and other staffing issues at the department. Hoyer noted that he had a call with Chavez-DeRemer a week ahead of the hearing and told her he would be asking questions regarding staffing and said she gave him no indication that pending litigation would preclude her answering questions.  

Lawmakers Introduce Legislation to Revitalize U.S. Shipbuilding 

On April 30^th, Sens. Mark Kelly (D-AZ) and Todd Young (R-IN), along with Reps. Trent Kelly (R-MS) and John Garamendi (D-CA) reintroduced the “Shipbuilding and Harbor Infrastructure for Prosperity and Security (SHIPS) for America Act,” to revitalize the U.S. shipbuilding and commercial maritime industries. The legislation would, among other things: (1) establish a national goal of expanding domestically built, U.S. flagged and American crewed international fleet by 250 ships in 10 years; (2) expand the U.S. shipyard industrial base for both military and commercial vessels by enacting a 25% investment tax credit for shipyard investments, transforming the Title XI Federal Ship Financing Program into a revolving fund, and establishing a Shipbuilding Financial Incentives program to support innovative approaches to domestic ship building and ship repair; and (3) accelerate U.S. leadership in next-generation ship design, manufacturing processes, and ship energy systems by establishing the U.S. Center for Maritime Innovation, and supporting regional hubs for maritime innovation.

House Transportation and Armed Services Committees Advance Their Portions of Reconciliation

On April 30^th, the House Transportation and Infrastructure Committee advanced its portion of the reconciliation bill by a vote of 36-30. The legislation provides $12.5 billion to upgrade the air traffic control system and provides $21.2 billion for new Coast Guard facilities, ships, and programs. The bill also includes $10 billion in savings and additional revenues through measures such as new annual fees state transportation departments will be required to collect on vehicles to fund the Highway Trust Fund, including: (1) a $250/year fee for electric vehicles; and (2) a $100/year fee for hybrid vehicles. Savings are also generated by recissions of unspent monies provided under the Inflation Reduction Act, including: (1) funds for the General Services Administration to reduce carbon emissions from federal buildings; (2) funds for procurement of low-embodied carbon construction materials for federal construction projects; and (3) funds to develop emerging and sustainable technologies and sustainability and environmental programs for buildings. Finally, the bill rescinds unobligated funds for low-carbon transportation grants and claws back funding for low-emission aviation technology and transportation equity grants.

On April 29^th, the House Armed Services Committee advanced its portion of the reconciliation bill by a vote of 35-21. The legislation increases defense spending by $150 billion and includes $33.7 billion to improve infrastructure and expand capacity at private shipyards. Also on April 29^th, the House Education and Workforce Committee advanced its portion of the reconciliation bill by a vote of 21-14. The legislation expands Pell Grants for short-term training programs and enacts changes to student loan repayment plans, including limits on how much some individuals can borrow for their education.

MCAA Issues and Interests 

Project Labor Agreements

SBA Office of Advocacy Recommends Limiting Use of PLAs on FTA and FHWA Projects

As we continued to discuss the importance of maintaining the MCAA-supported, Biden-era executive order creating a presumption for using project labor agreements on large-scale federal construction projects with the Trump Administration, on May 5^th we were surprised and dismayed to see the Small Business Administration’s Office of Advocacy submit comments on the Department of Transportation’s (DOT) April 3, 2025 request for information (RFI) on “Reducing Regulation and Controlling Regulatory Costs” urging DOT to limit the use of PLAs on certain types of DOT-funded projects. The comment letter is based on feedback the Office of Advocacy received at its April 14^th small business roundtable soliciting thoughts on DOT’s RFI. Specifically, recommendation 33 on page 24 of the comment letter states, “FTA and FHWA should limit the use of PLAs and allow them on a federal-aid project when the state or local transportation agency has meaningfully collaborated with leading industry groups and labor on its terms.” We visited with the Office of Advocacy and challenged some of the assumptions underlying their comments on PLAs with data establishing the value and cost-effectiveness of PLAs, including the recent research MCAA highlighted from the University of Illinois Urbana-Champagne and the groundbreaking research on PLA’s MCAA sponsored through Independent Project Analysis in 2022. We will now be monitoring the Office of Advocacy more closely on these issues and hope they will refrain from uncritically espousing assertions from opponents of PLAs that are not supported by sound research and data.  

Davis-Bacon Prevailing Wage

Labor Secretary Chavez DeRemer Refuses to Discuss Biden-Era MCAA-Supported Prevailing Wage Regulations Currently Under Litigation

On Thursday, at a House Appropriations Labor-HHS Subcommittee hearing on the Department of Labor’s FY 2026 budget request, U.S. Labor Secretary Chavez-DeRemer cited pending litigation as her reason for refusing to answer questions MCAA lobbied committee members to ask about the future of the MCAA-supported prevailing wage regulations issued during the Biden Administration that improved and expanded the application of Davis-Bacon federal prevailing wage. Her refusal to discuss the DOL’s plans for the rulemaking and the pending litigation were alarming because the stay the court granted DOL in this litigation expires on Monday, May 18^th.  This means that the Department must file an update with the court regarding its view of the issues in the litigation and plans for the underlying rulemaking and the Secretary likely already had a good idea of the position the Department will be taking in any such court filing. We will be watching next week to see what DOL says, but the Secretary’s lack of candor did not inspire confidence. 

WHD Seeks Input to Help Establish Davis-Bacon Prevailing Wage Rates in Southeast Texas

On April 29^th, the Labor Department’s Wage and Hour Division (WHD) announced it is seeking input from employers, stakeholders, and others in southeast Texas on prevailing wage and fringe benefit rates for workers on federally funded and assisted projects to help establish Davis-Bacon prevailing wage rates in the southeast Texas building and heavy construction sectors. The WHD is distributing an online survey here that asks for information on wages paid for relevant construction projects from May 5, 2024 to August 5, 2025. The areas covered include Austin, Brazoria, Brazos, Burleson, Chambers, Colorado, Fayette, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Lee, Leon, Liberty, Madison, Matagorda, Milam, Montgomery, Newton, Orange, Polk, Robertson, San Jacinto, Trinity, Tyler, Waller, Washington, and Wharton counties. The survey is due by August 29, 2025.

Registered Apprenticeship

As the MCAA policy team continues to discuss apprenticeship and worker training with the Trump Administration and members of Congress, including efforts to reauthorize the National Apprenticeship Act and Workforce Innovation and Opportunity Act, there were some notable developments on this issue set since our last government affairs update.

Senate HELP to Hold Markup on May 22^nd on Nominees to Lead DOL’s Employment and Training Administration and Career, Technical, and Adult Education at the Education Dept. 

MCAA had been working closely with several congressional offices on questions to ask President Trump’s nominee to lead the U.S. Department of Labor’s Employment and Training Administration (ETA) that oversees federal workforce training and registered apprenticeship programs.  All of this work and cooperation now seems of little value because last Thursday, the Senate Health, Education, Labor, and Pensions (HELP) Committee revealed it is forgoing a hearing and proceeding directly to a markup this Thursday, May 22, 2025 on the nomination of Henry Mack III to lead the ETA. If confirmed, Mack will play a key role in implementing President Trump’s Executive Order 14278—Preparing Americans for High-Paying Skilled Trade Jobs of the Future discussed below. Forgoing a hearing and moving directly to a markup of this nominee precludes Senators from questioning him on his plans and visions for the job. Mack’s nomination is being packaged with five other nominees into a single markup that also includes Kevin O’Farrell, the nominee to serve as Assistant Secretary for Career, Technical, and Adult Education at the Department of Education. O’Farrell will be responsible for working with Mack to rejuvenate career technical education in the nation’s schools. The other nominees being considered at this markup are: (1) Wayne Palmer to serve as Assistant Secretary of Labor for Mine Safety and Health; (2) Nicholas Kent to serve as Undersecretary of Education at the Department of Education; (3) Marco Rajkovich Jr. to serve as Commissioner of the Federal Mine Safety and Health Review Commission; (4) Julie Hocker to serve as Assistant Secretary of Labor for the Office of Disability Employment Policy; and (5) Kirsten Baesler to serve as Assistant Secretary for Elementary and Secondary Education at the Department of Education. It remains to be seen if Democrats will protest Senate Republicans’ decision to move Mack and these other nominees to a markup without a hearing.

DOL Issues Training and Employment Notice Related to WIOA Waivers

On May 5^th, the Labor Department issued Training and Employment Notice (TEN) 25-24 on “Leveraging Workforce Innovation and Opportunity Act (WIOA) Waivers to Increase Labor Force Participation and Worker Productivity” that details four previously granted waivers DOL authorized from WIOA requirements on federal workforce training funds that the Department believes will help grantees improve labor force participation rates and productivity. These waiver options include:

1. A waiver allowing Local Workforce Development Boards to reimburse an employer up to 90% (instead of the normal 50%) of the wage rate of an on-the-job training (OJT) participant for the extraordinary costs of providing training and additional supervision. DOL notes that since March 2025 nine states have used this waiver.
2. A waiver allowing Local Workforce Development Boards to use up to 50% (instead of the normal 10%) of their Adult and Dislocated Worker allocations for transitional jobs. Since March 2025, only one state has used this waiver.
3. A waiver allowing Local Workforce Development Boards to reserve up to 50% (instead of the normal 20%) of their Adult and Dislocated Worker allocations for Incumbent Worker Training. Since March 2025, three states have used this waiver.
4. A waiver allowing Local Workforce Development Boards to spend up to 50% (instead of the normal 75%) of WIOA Youth Funds on in-school youth (ISY), thereby providing additional work experience opportunities for ISY, including pre-apprenticeship and Registered Apprenticeship programs. Since March 2025, 28 states have taken advantage of this waiver.

President Trump Signs EO on Apprenticeship and Worker Training 

MCAA’s interest in the President’s nominee for ETA increased markedly on April 23^rd when President Trump signed Executive Order (EO) 14278 on “Preparing Americans for High-Paying Skilled Trade Jobs of the Future” that was a focus of the “fireside chat” with Deputy Secretary Keith Sonderling at the CEA National Issues Conference on May 6^th. For those who were not at that event, the EO focuses on apprenticeships and preparing workers for jobs in “the skilled trades and other occupations that do not require a college degree.” The fact sheet accompanying the EO frames the order as a rejection of the “college for all” workforce development model pursued by previous administrations. The EO highlights America’s “shortage of 447,000 construction workers and 94,000 durable goods workers.” To address this, it directs the Secretaries of Labor, Commerce, and Education to submit a report to the President in 90 days addressing several topics, including how to integrate systems and align resources across federal agencies to address critical workforce needs and in-demand skills of emerging industries and companies and strategies to identify alternative credentials and assessments to the four-year college degree that can be mapped to the specific needs of employers. The EO also requires these same Cabinet Secretaries to submit a report to the President within 120 days detailing a plan to recruit 1 million new active apprentices. In our discussion with the Deputy Secretary, he said that this is a real goal, adding that the Department will lean heavily on its ETA nominee to figure out how to realize it.  He also reassured the audience that the order would not lead to a revival of the IRAP proposal MCAA and its allies fought to be excluded from during the first Trump term and later got rescinded by the Biden Administration. The Deputy Secretary welcomed MCAA’s input on any proposals arising from the implementation of the executive order.

Independent Contractors and Misclassification of Workers 

WHD Orders Staff Not to Enforce MCAA-Supported Biden-Era Independent Contractor Rule Making It Harder to Classify Construction and Service/Maintenance Workers as Independent Contractors

As the MCAA policy team warned following the Labor Department’s request last month to pause litigation against the MCAA-supported, Biden-era independent contractor rule as it reconsidered the rulemaking, on May 1^st, the Labor Department’s Wage and Hour Division (WHD) issued a Field Assistance Bulletin (FAB) ordering staff not to enforce this MCAA-supported Biden-era final rule. Instead, WHD told its investigators to rely on principles from a 2008 Fact Sheet and a reinstated WHD Opinion Letter FLSA2019-6 from President Trump’s first term that was signed by then-acting Wage and Hour Administrator Keith Sonderling—who is now the Deputy Secretary of Labor. This opinion letter defaults most workers providing services through virtual marketplace platforms (e.g., Fiverr, Handy, Porch, Thumbtack, and TaskRabbit) into being treated as independent contractors instead of employees. We have subsequently been informed that the Labor Department is working to reinstate the understanding of independent contractor status under the Fair Labor Standards Act as interpreted during President Trump’s first term.  

Chair of Senate Health, Education, Labor and Pensions (HELP) Committee Proposes Framework to Provide Benefits to Independent Contractors

The Labor Department’s freeze on enforcement of the independent contractor rule followed the April 23^rd release of a detailed proposal (available here) from Senate HELP Committee Chair Cassidy (R-LA) Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Bill Cassidy (R-LA) for Congress to overhaul employment classification laws to make it easier to classify more workers and non-employee gig workers/independent contractors. Chair Cassidy wants Congress take up legislation: (1) instituting a single employment status test under federal law replacing the disparate tests under federal tax and wage laws; (2) creating a safe harbor for companies providing benefits to independent contractors that insulates them from lawsuits claiming the workers are employee because they are getting benefits; (3) clarifying existing federal law to allow independent contractors to join association health plans (AHPs) and expand independent coverage of health reimbursement arrangements (ICHRAs) for independent contractors; and (4) providing independent contractors access to participate in a defined contribution retirement plan.  

Since the release of this plan, MCAA has been discussing it with legislators. We are making known the anticompetitive impact such legislation would have on the ability of MCAA members and other high-road, law-abiding contractors who treat their workers as employees and provide not only training, health insurance, and retirement benefits, but also pay unemployment, workers compensation, and other costs of having employees that are not borne by companies using independent contractors. While Chair Cassidy seems unmoved by our concerns, we do feel some members in both parties understand the larger issues if our society reverts to one in which everyone is an independent contractor. MCAA will continue to educate members on these concerns. We expect Chair Cassidy to press his vision for changes to federal wage and hour law when his committee considers the nomination of the President’s pick to lead the U.S. Department of Labor’s Wage & Hour Division, which is expected in the coming weeks.  

Pension Reform

HELP Advances Dhillon Nomination to be Next PBGC Director

The MCAA policy team had worked with congressional offices since Congress returned from its Easter recess to ensure members would ask detailed questions about the plans of the President’s PBGC nominee, Janet Dhillon, regarding changes to the Special Financial Assistance (SFA) Program for underfunded plans and a pending rulemaking on withdrawal. Some of these questions were used in individual meetings Senators had with the nominee. But Senators never got to ask her questions at a public hearing because last Thursday the Senate HELP Committee decided to forgo a hearing on her nomination and moved directly to a markup at which Dhillon was not even required to appear. During the brief 30-minute executive session on Dhillon’s nomination, Republicans who were opposed to the creation of the SFA program and refer to it as a “union bailout” made clear their hopes that Dhillon will undertake major reforms to the regulations implementing the $90 billion Biden-era program that aids the most underfunded multiemployer programs. Democrats, led by Committee Ranking Member Bernie Sanders (I-VT) and Sen. Tammy Baldwin (D-WI), criticized Dhillon for her prior work on bankruptcies at U.S. Airways, Dollar Tree, and other companies that resulted in pension plans being taken over by the PBGC’s insurance program. They also pointedly stated that in meetings with Senators, Dhillon had refused to say whether she will comply with the Special Financial Assistance law “or whether she will attempt to undermine it.” Her nomination now goes to the full Senate, where it is expected she will be confirmed in the coming weeks. MCAA will work with the National Coordinating Committee on Multiemployer Plans to educate the incoming PBGC Director about our interest in the pending PBGC withdrawal liability rule and the integrity of the SFA Program. 

Bipartisan Senate Bill Introduced to Lower the Age for Participating in ERISA Plans to 18

Last Monday, Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Bill Cassidy (R-LA) and Sen. Tim Kaine (D-VA) reintroduced the Helping Younger Americans Save for Retirement Act, which would lower the age for participating in ERISA plans by allowing individuals to enroll as young as 18 if they do not plan to attend college and immediately enter the workforce. The bill would also eliminate mandatory audits and other provisions of ERISA that impose extra costs on costly plans covering workers under 21. Chairman Cassidy’s staff said the bill is intended to facilitate the transition of young people who do not go to college into jobs in the trades and other occupations that do not require a college degree—consistent with the President’s effort to move federal job training programs away from the “college for all” approach.

Decarbonization

As the policy team continues advocating MCAA’s decarbonization priorities with the Trump Administration and on Capitol Hill, there were several significant developments over the last three weeks that we wanted to make you aware of:

DOE Publishes Proposals to Rescind Several Biden-Era Decarbonization Regulations 

The Department of Energy (DOE) issued several proposed and final rules aimed at facilitating President Trump’s deregulatory efforts and rolling back President Biden’s decarbonization agenda. These rules address energy efficiency and testing standards for an array of industrial products and consumer appliances. In particular, DOE issued a proposed rule that not only withdraws the prior finding that compressors are covered equipment under the Energy Policy and Conservation Act (ECPA) (which triggers requirements to develop energy conservation and testing standards) but also articulated the policy for the Trump Energy Department’s determinations of whether products are covered under the ECPA. Under this policy, the Energy Department plans to classify industrial equipment as covered equipment under ECPA only if establishing energy conservation and testing standards will significantly increase the energy resources of the nation, without compromising the performance of industrial products. This is sure to result in far fewer findings that equipment and appliances are covered by ECPA’s energy conservation and testing standards.

DOE also published revisions to energy conservation standards for consumer furnace fans and commercial warm air furnaces and an array of consumer appliances. 

Energy Secretary Testifies on Fiscal Year 2026 Energy Department Budget Request 

On May 7^th, MCAA attended Energy Secretary Wright’s testimony before the House Appropriations Subcommittee on Energy and Water on his Department’s FY 2026 budget. Secretary Wright defended the Administration’s budget cuts in the face of stiff resistance that MCAA had encouraged from Republicans focused on cuts to DOE nuclear programs. The majority—more than $15 billion—of the requested cuts would fall on clean energy programs enacted in the Inflation Reduction Act, but the Trump Administration has also proposed decreases for other nuclear activities. The GOP pushback was led by Subcommittee Chair Rep. Chuck Fleischmann (R-TN) who made clear his concern about “the proposed reduction to the nuclear budget.” Secretary Wright responded that the reduction in nuclear funding “in no way indicates…a reduction in desire for nuclear energy,” adding that the production of nuclear energy is especially important for U.S. dominance in AI and other energy-intensive technologies. Notably, Secretary Wright also said he was committed to working with lawmakers to support nuclear and other energy sources, including geothermal, hydropower, and high-assay low-enriched uranium. 

EPA Plans to End Energy Star Program that Certifies the Energy Efficiency of Home Appliances

On May 6^th, the Environmental Protection Agency (EPA) unexpectedly announced plans to end the Energy Star program certifying the energy efficiency of home appliances as part of its broader reorganization. The cancellation came despite a letter last month from three dozen trade groups and appliance companies, including the U.S. Chamber of Commerce, Bosch, Carrier, and the Air-Conditioning, Heating, and Refrigeration Institute urging the EPA not to end Energy Star because it was a good “non-regulatory” collaboration between the private sector and the federal government.

EPA Reorganization Expected to Speed Permitting and Cut Costs

Additionally, on May 5^th, the EPA announced a reorganization creating an Office of State Air Partnerships within the Office of Air and Radiation focused on working with state, local and Tribal air permitting agencies to improve processing of State Implementation Plans and resolving air permitting concerns. With the Office of Water, EPA is elevating issues of cybersecurity, emergency response, and water reuse and conservation. The agency is also shifting its scientific expertise and research efforts to program officers to focus on statutory obligations and mission essential functions and is creating an Office of Applied Science and Environmental Solutions (OASES) in the Office of the Administrator. As part of this reorganization, EPA’s Office of Chemical Safety and Pollution Prevention will add 130 scientific, bioinformatic, and information technology experts to review new chemicals and pesticides. The EPA says that this reorganization will save taxpayers more than $300 million annually by the end of fiscal year 2026.

Other Interesting Things Since Our Last Report 

May 15, 2025

• Energy Secretary Wright issued a Secretarial Memorandum entitled, “Ensuring Responsibility for Financial Assistance,” directing audits of 179 grants recipients that received $15 billion in funding the Biden Energy Department awarded for large-scale commercial projects. Wright says “[o]ver the past 110 days, the Energy Department has been hard at work reviewing the billions of dollars that were rushed out the door, particularly in the final days of the Biden Administration, and what we have found is concerning.” The audits will entail reviewing materials, including information companies submitted in award applications, and asking companies for additional information. If it is determined that projects do not meet program requirements, DOE may modify or terminate the project based on its evaluation. DOE is clear that “if a recipient of financial assistance fails to respond to information requests within the provided timeframe, does not respond to follow-up questions in a timely manner, or offers incomplete responses that do not reasonably facilitate DOE’s review, DOE may treat as the recipient’s refusal to cooperate as grounds for termination of the award or the withholding of funding.”

• The Trump Administration issued a notice of non-enforcement regarding the 2024 final regulations implementing the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). This follows the Administration’s Tuesday request to the U.S. District Court for Washington, D.C. to pause an insurance industry lawsuit over these Biden-era final rules requiring health plans and insurers covering more than 175 million Americans to abide by prescriptive standards for access and payment structures for mental health care services on par with other medical services. The Trump Administration requested the pause because it is “reconsidering” the rule. The National Coordinating Committee on Multiemployer Plans has expressed several concerns about the impact of this complex final rule on multiemployer health plans, including: (1) the subjectivity of its general standards and its “meaningful benefits” requirement; (2) the short time for implementation; (3) the network composition standards and data collection and evaluation standards; (4) the named fiduciary certification; and (5) the unrealistically low estimate of the costs associated with plans complying with the final rule.

• The Senate confirmed Sean Donahue to be the Environmental Protection Agency’s General Counsel by a vote of 51-46. Donahue will play a key role in EPA’s unwinding of at least a dozen Biden-era emissions rules, reconsideration of EPA’s 2007 endangerment finding, and numerous other high-profile issues pending at EPA.

May 14, 2025

• The Senate confirmed James Danly to be the Deputy Secretary of Energy by a vote of 52-44. Senator Angus King (I-ME) joined Republicans in voting in favor of Danly’s confirmation. The Senate also confirmed Katharine MacGregor to be Deputy Secretary of the Interior by a vote of 54-40 and Eric Ueland to be Deputy Director for Management at the White House Office of Management and Budget by a vote of 52-45.

• A bipartisan group of over 80 lawmakers led by Rep. Chuck Edwards (R-NC) and Sen. Thom Tillis (R-NC) sent a letter to the Trump Administration calling to unfreeze funding for the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities (BRIC) program. The letter states that the “BRIC program was established by Congress in the 2018 Disaster Recovery Reform Act and signed into law by President Trump with bipartisan support,” and adds that in the years since, “this program has catalyzed community investments in resilient infrastructure, saving federal funds by investing in community preparedness before a disaster strikes.”

• Senate Health, Education, Labor, and Pensions Committee Chair Bill Cassidy (R-LA) introduced two pieces of legislation intended to strengthen Employee Stock Ownership Plans (ESOPs). The Employee Ownership Representation Act would add two new ESOP board members to the U.S. Secretary of Labor’s ERISA Advisory Council to advocate for the interests of employee-owned companies. The Employee Ownership Fairness Act authorizes ESOPs to increase benefits by allowing ESOPs to contribute to 401(k) plans without exceeding their ESOP or 401(k) contribution limits so that employees will save more money for retirement and can invest more in their employer’s stock.

• The Centers for Disease Control and Prevention reported that drug overdose deaths dropped sharply as an estimated 80,000 people died from overdoses in 2024. That’s down 27% from the 110,000 overdose deaths in 2023. 

May 13, 2025

• The Interior Department’s Bureau of Land Management (BLM) issued an Instruction Memorandum entitled “Oil and Gas Leasing – Land Use Planning and Lease Parcel Reviews” that is supposed to expedite oil and gas leasing on public lands. Under the updated policy, BLM will complete parcel review and offer parcels for oil and gas lease sale within six months from the start of scoping until the lease sale. To meet this goal, the BLM will no longer defer parcels prior to completing National Environmental Policy Act (NEPA) environmental reviews, allowing oil and gas lease parcel reviews to be conducted and documented simultaneously with the NEPA review process.

May 12, 2025

• The White House posted a fact sheet on the U.S. trade agreement with China under which each nation will lower tariffs by 115% on goods above the de minimis threshold by May 14, 2025 while retaining the additional 10% tariff. The deal lasts 90 days, allowing time for U.S. and Chinese negotiators to reach a more substantive agreement.

• President Trump signed an executive order (EO) on “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients” that aims to cut prescription drug costs by aligning the prices of some medicines in the U.S. to prices paid by comparably developed countries, a policy known as the “most-favored-nation (MFN) price.” The EO directs the Secretary of Health and Human Services (HHS) to facilitate direct-to-consumer purchasing programs for pharmaceutical manufacturers that sell their products to American patients at the MFN price. The EO also states that within 30 days of the May 12, 2025 issuance date of the EO, the HHS Secretary must coordinate with other agency officials to communicate MFN targets to pharmaceutical manufacturers to bring prices for American patients in line with comparably developed nations. To the extent that “significant progress” towards MFN pricing is not delivered, then the HHS Secretary shall issue a rulemaking to impose MFN pricing and the Attorney General and Federal Trade Commission Chair shall take enforcement action against any pharmaceutical company that is deemed to be engaging in anti-competitive practices. Additionally, the EO directs the Secretary of Commerce and the U.S. Trade Representative to take action to ensure foreign countries are not engaged in any act, policy, or practice that may be unreasonable or discriminatory of that may impair U.S. national security, including by “forcing American patients to pay for a disproportionate amount of global pharmaceutical research and development” and by “suppressing the price of pharmaceutical products below fair market value in foreign countries.”

May 9^th, 2025

• President Trump signed a “deregulatory” executive order on “Fighting Overcriminalization in Federal Regulations,” that is intended to reduce the frequency of criminal enforcement of regulatory offenses by requiring agencies to list out all enforceable criminal regulatory offenses and applicable intent standards for liability. The order instructs agencies to adopt heightened intent standards for pursuing criminal charges for regulatory offenses. Notably, this EO does not apply to immigration, law enforcement, or national security functions. 

• A group of cities and counties, including San Francisco, New York, and Boston, won a temporary restraining order that prohibits the Department of Housing and Urban Development and the Federal Transit Administration from withholding hundreds of millions of dollars in federal grants for transit projects and low-income housing programs pursuant to President Trump’s executive orders on diversity, equity, and inclusion.

May 8, 2025

• Roll Call published its early list of the most vulnerable House members in 2026, including Reps. Adam Gray (D-CA-13), Jared Golden (D-ME-2), Mariannette Miller-Meeks (R-IA-1), Mike Lawler (R-NY-17), and Don Bacon (R-NE-2). Relatedly, on May 6^th Roll Call published its list of the Senate’s most vulnerable incumbents in the 2026 midterms, including: (1) Sen. Jon Ossoff (D-GA); (2) Sen. Thom Tillis (R-NC); (3) Sen. Susan Collins (R-ME); (4) Sen. Bill Cassidy (R-LA); and (5) Sen. John Cornyn (R-TX).

• The Energy Department (DOE) announced that going forward for new awards it will limit funding for “indirect costs” of its state and local government financial assistance awards to 10% for state and local governments, 15% for non-profit organizations, and 15% for for-profit companies. These new limits apply to DOE awards such as research grants for educational institutions, grants to state and local governments to reduce the cost of energy, and awards to private companies to facilitate the development and deployment of new energy technologies. Indirect costs include the costs for facilities and administration, such as the costs for administrative salaries and benefits (e.g., insurance, paid time off, accounting, payroll), building depreciation, rent, equipment, capital improvements, and other operations and maintenance expenses. DOE states that this new policy will save the federal government $935 million annually.

May 7, 2025

• The Department of Homeland Security (DHS) began enforcing REAL ID Act requirements. According to DHS, beginning on May 7, 2025, “every state and territory resident will need to present a REAL ID-compliant license/ID, or another acceptable form of identification, for accessing federal facilities, entering nuclear power plants, and boarding commercial aircraft. The card, itself, must be REAL ID compliant unless the resident is using an alternative acceptable document, such as a passport or passport card, or state-issued Enhanced Driver’s License.” A list of frequently asked questions regarding REAL ID implementation is available here. During a House Appropriations Subcommittee on Homeland Security hearing on May 6^th, DHS Secretary Noem said travelers without REAL ID compliant cards will still be able to board their flights after the law has taken effect, but will face time-consuming additional steps before boarding. Data shows that nearly 47% of Americans lack a valid passport as of fiscal year 2024.

• The U.S. Treasury Department’s Inspector General for Tax Administration issued a report assessing that the Trump Administration’s cuts to IRS staffing resulted in the loss of 3,623 revenue agents focused on tax audits accounting for 31% of IRS tax auditors. This comes as the President’s recently released budget calls for a nearly $2.5 billion IRS budget cut for the state purpose of ending the “weaponization of IRS enforcement.”

May 6, 2025

• The Transportation Department announced release of $3.2 billion in grants for 180 infrastructure projects through unobligated grants funds committed by the Biden Administration, including: (1) $277 million for 33 projects through the Federal Aviation Administration’s Airport Terminal Program; (2) $70 million for two projects through the Maritime Administration’s Port Infrastructure Development Program; and (3) $9.9 million for one project through the Office of the Assistant Secretary for Transportation Policy’s National Infrastructure Project Assistance Program.

May 5, 2025

• The Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking input about updates to regulatory standards for liquefied natural gas (LNG) facilities focused on fast-tracking new LNG infrastructure projects, expanding domestic export capacity, and growing the small-scale LNG market. Comments are due by July 7, 2025 and should be submitted through the federal eRulemaking portal using Docket ID PHMSA-2019-0091.

• The Federal Trade Commission (FTC) issued a joint letter with the Trump Justice Department (DOJ) directing the heads of agencies across the federal government to create a list of anti-competitive regulations that reduce competition, entrepreneurship, and innovation pursuant to President Trump’s executive order on “Reducing Anticompetitive Regulatory Barriers.” After the FTC and DOJ receive the lists of anticompetitive regulations from agencies, they will provide the Office of Management and Budget a consolidated list of regulations that should be rescinded or modified, along with their recommended modifications.

• The Office of Management and Budget (OMB) issued Memorandum M-25-27 on “Guidance Implementing Section 6 of Executive Order 14154, ‘Unleashing American Energy” directing federal agencies to review their statutory, regulatory, and other policy requirements governing regulatory and permitting decisions, and to limit their analysis and consideration of greenhouse gas emissions only to reviews that are “required in their governing statutes.” Notably, the new OMB guidance states that “the circumstances where agencies will need to engage in monetized greenhouse gas emissions analysis will be few to none.”

• Blackstone President and COO Jon Gray told CBNC that the company is expecting to see “a ton” of increase in data center demand to support artificial intelligence, which could lead to a recovery in the commercial real estate markets.

May 2, 2025

• The Federal Permitting Improvement Steering Council (Permitting Council) announced the second installment of critical mineral production projects to be identified as “transparency projects” on the Federal Permitting Dashboard pursuant to President Trump’s Executive Order on “Immediate Measures to Increase American Mineral Production.” Inclusion on the Permitting Dashboard as a “transparency project” is intended to speed the environmental reviews and authorizations for these mineral production projects. The following projects are part of this second round: (1) the NorthMet Project in Hoyt Lakes, MN; (2) the La Jara Mesa Program in Grants, NM; (3) the Greens Creek Surface Exploration in Admiralty Island, AK; (4) the Stillwater Mine in Nye, MT; (5) the Polaris Exploration Project in Hawthorne, NV; (6) the Becky’s Mine Modification in Bridger, MT; (6) the 3PL Railroad Valley Exploration Project in Tonopah, NV; (7) the Grassy Mountain Mine Project in Harper, OR; (8) the Amelia A&B Project in Jesup, GA; and (9) the Roca Honda Project in San Mateo, NM.

May 1, 2025

• The Trump Justice Department (DOJ) filed lawsuits against Hawaii, Michigan, Vermont, and New York, claiming their climate actions conflict with federal authority and President Trump’s “energy dominance agenda.” Specifically, DOJ filed lawsuits against Hawaii and Michigan over their plans to pursue legal action against fossil fuel companies for harm caused by climate change. DOJ sued New York and Vermont challenging their climate superfund laws that would force fossil fuel companies to pay into state funds based on historic greenhouse gas emissions. The DOJ says the state efforts are unconstitutional, violate the federal foreign affairs power, are preempted by the Clean Air Act, and generally undermine the federal government while “increasing energy costs and disrupting the national energy market.”

April 30, 2025

• The Interior Department’s Bureau of Ocean Energy Management (BOEM) published a Request for Information (RFI) in connection with the agency’s development of the 11^th National Outer Continental Shelf Oil and Gas Leasing Program (National OCS Program). To inform the development of the 11^th National OCS Program, BOEM seeks information and comments on 27 OCS Planning Areas, including areas that are restricted from leasing by Presidential withdrawal or Congressional moratorium. Specifically, BOEM is seeking information including: (1) OCS planning area(s) where industry representatives would be interested in acquiring oil and gas leases, regardless of whether the area is currently available; (2) the number and timing of lease sales that would be appropriate for each planning area; and (3) the expected lead time to production in areas that currently do not have infrastructure or production. Comments are due by June 16, 2025 and can be submitted through the federal eRulemaking portal using Docket ID BOEM-2025-0015.

April 29, 2025

• Proxy Advisory Firm Glass Lewis is thinking about ending its practice of making recommendations on shareholder proxy ballot measures ranging from carbon emissions and takeover battles to complaints about gender balance and political donations in response to growing corporate and conservative backlash. Glass Lewis is looking to limit its services to helping investors develop their own custom voting policies, handling the paperwork and regulatory reporting, and providing data and research. Conservatives have targeted Glass Lewis for criticism over its recommendations supporting shareholder proxy ballot measures urging McDonald’s to audit its racial diversity, directing Starbucks to produce an independent report on its labor practices, and requiring meatpacker Tyson to disclose and defend its political contributions. Meanwhile, a new Morningstar report confirmed that during Q1 2025 investors continued to pull money from ESG, sustainability, and “green” funds in response to “intensifying” backlash fueled by President Trump’s “anti-climate agenda” and the Trump Administration’s policies targeting diversity, equity and inclusion initiatives and the sharp reversal of Biden climate policies.

• Sens. Todd Young (R-IN) and Maria Cantwell (D-WA) reintroduced legislation to expand and increase the flexibility of the low-income housing credit, which would aid the construction of up to 1.6 million affordable homes over the next 10 years by increasing the total tax credits allocated to states and easing some public financing requirements to make it easier for housing developments to qualify. Sen. Young is planning to push for key provisions of the measure to be included in the forthcoming reconciliation package.  

April 28, 2025

• The Trump Environmental Protection Agency (EPA) announced that it will issue a waiver allowing E-15 gasoline containing a higher percentage of ethanol to be used year-round. This action is pursuant to President Trump’s January 20, 2025 Executive Order, “Declaring a National Energy Emergency.” Historically, E-15 is restricted in the summertime due to concerns about smog. The waiver follows similar waivers the Biden Administration issued allowing E-15 during the summer months in 2022, 2023, and 2024 after gas prices spiked due to the war in Ukraine and sanctions placed on Russia.

April 25, 2025

• Labor Secretary Lori Chavez-DeRemer urged governors to comply with President Trump’s directives ensuring tax dollars are not spent on encouraging or rewarding illegal immigration. In a letter to governors, Chavez-DeRemer said that all states failing to fulfill existing legal obligations will lose federal funding through the Title III UI administrative grant, emphasizing that “unemployment benefits are not a handout for those in the country illegally.” Chavez-DeRemer also said that she instructed the Employment and Training Administration to send a letter to all State Unemployment Insurance Administrators urging them to immediately start using the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) immigration database for every initial and continuing unemployment claim filed by an individual who indicates that they are not a U.S. citizen.

Around the Country 

Northeast 

• On May 13^th, the Environmental Protection Agency (EPA) reached an agreement with local developers Blaylock Holdings, LLC, and Greenfield Environmental Trust Group for remediation and beneficial reuse of the Granite State Leathers Site in Nashua, NH that will include excavation of hazardous tannery waste, landfill material and asbestos containing material, disposal of waste in a newly constructed waste containment cell, and general property restoration. Under the agreement, the cleanup costs are being shared with the developers through partial reimbursement to the developer. Upon completion, Blaylock plans to redevelop the area into 546 residential units. The total estimated cost of the cleanup will be $31 million, of which EPA will contribute up to $9.5 million.

• On May 8^th, the FBI and the U.S. Attorney’s Office in Albany, NY opened a criminal investigation into New York Attorney General Letitia James over allegations of mortgage fraud. Federal Housing Finance Agency Director William Pulte sent a letter to Attorney General Pam Bondi saying that James “falsified records” to secure a home loan on a property in Virginia as her “principal residence” in 2023, when she was serving as New York Attorney General. Pulte’s letter went on to note that in 1983, James and her father signed a mortgage stating they were “husband and wife in order to secure a home mortgage. Then, on May 4, 2000, Ms. James was listed again as ‘husband and wife’ in documents. While this was a long time ago, it raises serious concerns about the validity of Ms. James’ representations on mortgage applications.”

• On May 6^th, New York City and its Metropolitan Transportation Authority (MTA) asked a federal judge to block the Trump Administration from cancelling Manhattan’s congestion pricing program. Specifically, lawyers are seeking an order to block Transportation Secretary Sean Duffy’s effort to kill the program and his threat to withhold approval for advance construction projects within Manhattan, National Environmental Policy Act approvals for projects within Manhattan, and potentially billions of dollars in funding through the Federal Highway Administration.

• On May 4^th, Rep. Elise Stefanik (R-NY) said she is “strongly considering” a run for New York governor in 2026.

• On May 1^st, former Maine Gov. Paul LePage (R) filed paperwork to run against Rep. Jared Golden (D) in Maine’s 2^nd Congressional District.

• On April 29^th, the Washington Commanders announced a deal to leave the team’s current stadium in Landover, MD and move to a new $3.7 billion stadium complex that will be built in Washington, DC on the grounds of Robert F. Kennedy Memorial Stadium. The new stadium, expected to open in 2030, will be part of a larger redevelopment project that will include housing, restaurants, parkland and retail.

West

• On May 12^th, the Interior Department announced that it has expedited permitting review of Anfield’s Velvet-Wood Mine in San Juan County, UT to produce uranium and vanadium. Interior notes that Anfield also plans to restart the Shootaring Canyon Uranium Mill in Utah to convert uranium into uranium concentrate.

• On May 1^st, the Environmental Protection Agency (EPA) approved a request from the Wyoming Department of Environmental Quality (WDEQ) to allow the expansion of uranium mining in Sweetwater County, WY. The EPA approval allows WDEQ to issue a permit for a Class III injection well to inject fluids to dissolve and extract uranium.

Northwest 

• On April 28^th, the U.S. Coast Guard announced an extension of the timeline to finalize the Programmatic Environmental Impact Statement (PEIS) for expansion and modernization of the Base Seattle Project in Washington State from April 30, 2025 to October 31, 2025. The Base Seattle Project includes: (1) demolishing existing, deficient buildings 1, 2, 2 Annex, 10, and 12, and consolidating the functions of these buildings into a new three-story, approximately 36,000-square-foot Mission Support Building, and a new five-story, approximately 75,000-square-foot Base Administration Building; (2) rehabilitating or rebuilding Building 7 and a small area of Terminal 46 to meet current needs, as well as building codes and seismic standards, and other potential seismic stabilization throughout the Base; (3) upgrading the main gate of the Base and the security fencing and functions, including expanding fencing to incorporate any newly acquired property; (4) modernizing and realigning communications, electrical, natural gas, sanitary sewer, potable water, and storm sewer utilities; and (5) realigning parking, roadways, walkways, and landscaping.

Midwest 

• On May 9^th, the Ohio Republican Party officially endorsed Vivek Ramaswamy as its candidate for governor. The announcement is a major boost for Ramaswamy’s bid to potentially clinch the Republican nomination and succeed termed-out Gov. Mike DeWine (R).

• On May 7^th, Rep. Raja Krishnamoorthi (D-IL) announced a bid for retiring Senator Dick Durbin’s (D) Illinois Senate seat. This followed Rep. Robin Kelly’s (D-IL) May 6th launch of a bid for retiring Sen. Durbin’s seat.  

• On May 5^th, Rep. Jan Schakowsky (D-IL), Chief Deputy Whip and Ranking Member on the House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade announced she will not seek re-election in 2026.

• On April 29^th, Rep. Angie Craig (D-MN) announced a Democratic primary bid for retiring Sen. Tina Smith’s (D-MN) U.S. Senate seat.

• On April 28^th, Michigan State Rep. Donavan McKinney launched a Democratic primary campaign in Michigan’s 13^th Congressional District aiming to unseat second-term Rep. Shri Thanedar (D-MI).

Southeast

• On May 12^th, the Federal Energy Regulatory Commission (FERC) announced it has prepared a final supplemental environmental impact statement (EIS) to address a November 27, 2024 Commission Order related to Venture Global CP2 LNG, LLC and Venture Global CP Express, LLC’s plans to construct, install, operate, and maintain certain liquefied natural gas (LNG) facilities in Cameron Parish, LA and certain pipeline facilities in Cameron and Calcasieu Parishes, LA and Jasper and Newton Counties, TX. The final EIS concludes that the impacts from the projects on air quality are not significant. The final EIS is available here.

• On May 12^th, Georgia Insurance Commissioner John King (R) announced a bid for U.S. Senate against incumbent Sen. Jon Ossoff (D-GA). This followed Rep. Buddy Carter (R-GA) jumping in on May 8^th as the first Republican to announce a bid against Ossoff. Carter jumped into the race only after Georgia Republican Gov. Brian Kemp announced on May 5^th that he will not run against Ossoff in the 2026 midterms, dealing a blow to Republicans who view the two-term governor as the best prospect to defeat Ossoff. 

• On May 6^th, Fairfax County, VA Supervisor James Walkinshaw (D) launched a bid for retiring Rep. Gerry Connolly’s (D-VA) seat in Virginia’s 11^th Congressional District. Shortly after his announcement, Connolly said he was endorsing Walkinshaw’s bid. The developments follow Connolly’s April 28^th announcement he would be stepping down from his leadership position on the House Oversight Committee “soon” and would not run for re-election, citing the return of esophageal cancer.

Southwest

• On May 12^th, a new poll from GOP super PAC the Senate Leadership Fund found that Sen. John Cornyn (R-TX) is trailing primary challenger Texas Attorney General Ken Paxton 56% to 40%. If Rep. Wesley Hunt (R-TX) joins the field, then Paxton leads Cornyn 44% to 34% with Hunt receiving 19% support.

• On May 2^nd, the Nuclear Regulatory Commission (NRC) announced receipt of a Request for Approval of a Construction Permit for a Four-Unit Small Modular Reactor Facility in Calhoun County, TX from Long Mott Energy, LLC—a wholly owned subsidiary of the Dow Chemical Company. It is the first NRC application seeking approval to build reactors based on X-energy’s Xe-100 high-temperature gas-cooled small modular reactor (SMR) design. If approved, the Long Mott Generating Station would be the first grid-scale advanced nuclear facility at an industrial site in North America. The four new SMRs would replace existing energy and steam assets at Dow’s Seadrift chemical plant in Calhoun County, TX. Dow says construction could begin later this decade and hopes to have the Long Mott Generating Station begin operating in the early 2030s. On May 15^th, the NRC said it accepted the construction permit application, in a speedy response to the applicant highlighting recent changes to NRC processes resulting from the MCAA-supported ADVANCE Act.