MCAA Government Affairs Update for the Week of December 15, 2025: The Latest Developments Impacting Our Industry

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, December 15, 2025 MCAA Lobbying Firm, Longbow Public Policy Group provided the following information:

Trump Administration

• As inflation and affordability remain a top concern for voters heading into the 2026 midterms, last week President Trump was in Pennsylvania speaking about those issues. He surprised many when he declined to use the opportunity to reconsider his messaging and once again dismissed concerns about “affordability” as a Democratic “hoax,” even as he insisted he has “no higher priority than making America affordable again.” President Trump displayed a chart comparing the Biden-era and Trump-era prices on select products,  insisted that his tariffs are strengthening key U.S. industries, and urged Americans to buy fewer imported consumer goods. Reprising talking points from the 2024 election, President Trump said, “You don’t need 37 dolls for your daughter.” The President’s comments come as a new poll from Politico shows that 55% of respondents hold him responsible for higher prices, while only 27% blame the Biden Administration. And a new AP-NORC poll finds voters’ approval of President Trump’s handling of the economy falling to a new low of 31%.

• MCAA plan trustees need to be aware and monitor implementation of an executive order President Trump signed last Thursday night to revise ERISA regulations governing ERISA plan fiduciary status and the obligations of such fiduciaries. Specifically, the order directs the Secretary of Labor to “revise all regulations and guidance regarding the fiduciary status of individuals who manage, or, like proxy advisors, advise those who manage, the rights appurtenant to shares held by plans covered under [ERISA],” including “proxy votes and corporate engagement, consistent with the policy of this order.” Among other things, the Secretary of Labor “shall consider whether these proposed revisions should include amendments to specify that any individual who has a relationship of trust and confidence with their client, including any proxy advisor, and who provides advice for a fee or other compensation, direct or indirect, with respect to the exercise of the rights appurtenant to shares held by ERISA plans, is an investment advice fiduciary under ERISA.” Generally, DOL is directed to strengthen ERISA fiduciary rules to increase fiduciaries’ transparency regarding their use of proxy advisors and ensure proxy advisors and plan managers act solely in the financial interest of American workers and retirees. The order also directs the Chairman of the SEC to rescind or revise all rules and regulations related to proxy-advisors that implicate DEI and ESG priorities, as well as rules related to shareholder proxy proposals that are inconsistent with the policies in the order. The order further directs the SEC to enforce anti-fraud provisions in securities laws against proxy advisors with respect to their voting recommendations, and to consider requiring proxy advisors to register as investment advisers and provide increased transparency on conflicts of interest. The SEC is also directed to assess whether proxy advisors serve as a vehicle for investment advisers to coordinate their voting decisions, and whether registered investment advisers breach their fiduciary duties by hiring proxy advisors to advise on non-pecuniary factors—such as DEI and ESG—in making investment decisions and subsequently following their recommendations. Finally, the order directs the Federal Trade Commission (FTC) and the Department of Justice (DOJ) to determine whether proxy advisors are engaged in unfair methods of competition or unfair or deceptive acts or practices and to review ongoing state antitrust investigations into proxy advisors for violations of federal antitrust law.

• Last Thursday night, President Trump also signed an executive order to prevent states from regulating artificial intelligence (AI), including AI in the workplace, to ensure consistent, nationwide, federal regulation of this emerging technology instead of a patchwork of varying state laws the President fears could impede the deployment of AI technologies. The order directs the Attorney General to establish an AI Litigation Task Force to challenge unconstitutional, preempted, or otherwise unlawful state AI laws that harm innovation. The order directs the Secretary of Commerce to publish an evaluation of state AI laws that conflict with national AI policy priorities and withhold non-deployment Broadband Equity Access and Deployment (BEAD) funding from any state with such AI laws. Other agencies are directed to consider whether to make an absence of similar laws, or a policy of enforcement discretion with respect to any existing such laws, a condition of applicable discretionary grant programs. The order also instructs the FTC and Federal Communications Commission to take actions to limit the ability of states to force companies to embed DEI into their AI models. The order further calls for the development of a national AI legislative framework that would preempt state AI laws that stifle innovation.

• As the MCAA continues engaging on the implementation of the ADVANCE Act we helped get signed into law last year to speed licensing of nuclear facilities, we are pleased to report that on Monday, while speaking at the Idaho National Lab, Energy Secretary Wright announced the Department of Energy’s goal to expand America’s nuclear energy capacity four-fold over the next 25 years—from the current 100 gigawatts to 400 gigawatts by 2050. To make this happen, the Energy Department is providing $11 million in funding—split between five corporations—to create new, updated packages to transport high-assay low-enriched uranium (HALEU) to bolster America’s nuclear supply chain and ensure U.S. nuclear reactors can access HALEU fuel. Secretary Wright’s announcement comes as private sector interest in nuclear power continues to grow. For example, this week NextEra and Google announced plans to reopen the Duane Arnold nuclear plant in Iowa by 2029 to support Google’s expanding data center footprint, while Brookfield Asset Management has offered $2.7 billion to revive South Carolina’s long-stalled V.C. Summer nuclear project, though the proposal faces significant regulatory, technical, and negotiating hurdles.

• As MCAA continues working with the Administration and allies in Congress on permitting reform, last Thursday, the Environmental Protection Agency’s (EPA) Office of Air and Radiation (OAR) launched the “Clean Air Act Resource for Data Centers” webpage to provide state and private sector entities developing data centers and artificial intelligence (AI) facilities with regulatory information, guidance, and technical tools for modeling, air quality permitting, and regulatory interpretations under the Clean Air Act. The webpage has three sections: (1) “Regulatory Resources,” providing information on rules that apply to stationary combustion turbines and stationary engines; (2) “Air Permitting Resources,” with EPA guidance documents, letters responding to permitting requests, and interpretations of permitting regulations; and (3) “Modeling Guidance Documents,” listing the agency’s preferred air quality models for use in the Prevention of Significant Deterioration (PSD) programs and providing modeling resources to assist with permit applications and showing compliance.

• Last Wednesday, the Trump Administration continued to attack what it deems unlawful diversity, equity, and inclusion as the Justice Department finalized a rule eliminating “disparate impact” liability from its Title VI civil rights enforcement framework, shifting DOJ policy to require proof of intentional discrimination rather than allowing discriminatory intent to be inferred based on statistically uneven outcomes. Attorney General Bondi said the change ends decades of regulations that “required recipients of federal funding to make decisions based on race,” echoing President Trump’s April 23, 2025, Executive Order “Restoring Equality of Opportunity and Meritocracy” that instructed federal agencies to abandon disparate impact analysis in the enforcement of civil rights laws.

• Last Wednesday, the Occupational Safety and Health Administration (OSHA) issued seven new letters of interpretation providing clarification on key workplace safety rules. Among the updates, OSHA clarified that under the “confined spaces” regulations at 29 CFR 1910.146(d)(3)(iii), employers are only required to isolate utilities in permit-required confined spaces if there’s a potential risk of leaks and ruptures. For example, if the piping does not terminate within the confined space and poses no risk of material release, isolation is not necessary. In another update, OSHA confirmed that bellow valves, leak-proof, and double-seal valves are acceptable engineering controls under the Benzene and 1,3-Butadiene standards at 29 CFR 1910.1028 and 29 CFR 1910.1051 to limit worker exposure to hazardous substances, noting that conventional valves are also considered acceptable as long as they help maintain exposure levels below permissible limits.

• MCAA members who work on water treatment plants and oil well systems should be aware that last Wednesday, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), Federal Bureau of Investigation (FBI), Environmental Protection Agency (EPA), and several other federal agencies and international partners issued a new advisory urging immediate action by critical infrastructure organizations to mitigate the risk of being targeted by pro-Russia hacktivist groups. The agencies warn that these groups are “actively engaging in opportunistic, low-sophistication malicious cyber activity across multiple sectors,” and specifically note that targets include water treatment plants and oil well systems.

• During oral arguments last Monday, the Supreme Court’s conservative majority sounded inclined to uphold President Trump’s firing of Democratic Federal Trade Commission Commissioner Rebecca Slaughter and potentially overturn Humphrey’s Executor, the 1935 precedent that shields leaders of independent federal agencies from being terminated by the President without cause. Conservative justices suggested that modern federal agencies wield far more power than when the precedent was created, while the court’s liberals warned that reversing Humphrey’s Executor would give the president “massive, unchecked” control over regulatory bodies across finance, labor, and public safety. The case will also impact President Trump’s firing of other independent agency heads, including the termination without cause of Democratic members of the National Labor Relations Board.

Congress

• Last Thursday, the Senate voted 52-47 to adopt a block of 97 Trump Administration nominees using the new process to confirm nominees in blocks instead of individually. A final vote to confirm the nominees is expected early this week. The new package includes nominations of great interest to MCAA, including both James Murphy and Scott Mayer to be members of the National Labor Relations Board (NLRB) and Crystal Carey to be NLRB General Counsel. Once Murphy and Mayer are sworn in, the NLRB will regain its quorum and be able to start issuing opinions immediately. The package also includes: (1) Henry Mack to be DOL Assistant Secretary for Employment and Training (which oversees registered apprenticeship, workforce training, and DOL’s foreign guestworker programs); (2) Rosario Palmieri to be DOL Assistant Secretary for Policy; (3) former Rep. Anthony D’Esposito (R-NY) to be DOL Inspector General; (4) Jeffrey Hall to be EPA Assistant Secretary for Enforcement and Compliance; (5) Douglas Troutman to be EPA Assistant Administrator for Toxic Substances; (6) Mitch Graves, Jeff Hagood, Randall Jones, and Arthur Graham to be TVA Board Members; (7) James Percival to be General Counsel of the Department of Homeland Security; and (8) Edward Forst to be GSA Administrator.

• Last week, the MCAA made considerable progress on its priority issue of permitting reform after successfully lobbying the House Rules Committee to schedule a markup of the MCAA-advocated Standardizing Permitting and Expediting Economic Development (SPEED) Act (H.R. 4776) for today, December 15, 2025. The SPEED Act represents sweeping permitting reform that will improve federal permitting of data centers and other large infrastructure projects and reduce litigation that impedes such projects. Ahead of expected floor action, the bill is facing opposition from both ends of the political spectrum. A handful of Republicans, including Reps. Jeff Van Drew (R-NJ), Chris Smith (R-NJ), and Andy Harris (R-MD), are urging President Trump to oppose the SPEED Act because they are afraid that permit protection language in the bill could inadvertently preserve offshore wind projects the Trump Administration is trying to kill. Democrats say their support hinges on limiting the Trump Administration’s ability to cancel wind, solar, and other renewable energy projects and Rep. Susie Lee (D-NV) offered an amendment to the SPEED Act requiring the Interior Department to treat all energy sources equally and prohibiting additional layers of review or the withholding, delaying, or reversing of state or local decisions for reasons not applied to oil, gas, or coal. A new National Petroleum Council report likewise warns the Trump Administration cannot advance fossil-fuel permitting reform while halting previously permitted renewable energy projects. Meanwhile, the House passed two modest permitting reform bills last week: (1) the Improving Interagency Coordination for Pipeline Reviews Act (H.R. 3668) by a vote of 213-184, which specifies timelines and procedures for FERC and other federal agencies to follow when conducting environmental reviews of natural gas pipelines and exempts interstate natural gas pipeline projects from the requirement to obtain water quality certifications from states under section 401 of the Clean Water Act (CWA); and (2) the Promoting Efficient Review for Modern Infrastructure Today (PERMIT) Act (H.R. 3898) by a vote of 221-205, which streamlines CWA permitting by redefining “navigable waters of the United States” to exclude waste treatment systems, prior converted cropland, groundwater, and other features determined to be excluded by the Army Corps of Engineers.

• As the expiration of enhanced Affordable Care Act (ACA) subsidies looms at the end of this year, lawmakers remain far apart on how to address an issue that is top of mind for voters heading into the 2026 midterms. Last Thursday, the Senate held votes on two partisan health care bills that both required 60 votes to overcome procedural objections. First, the chamber voted 51-48 to reject a Republican proposal to let the enhanced ACA subsidies expire and replace them with new, time-limited health savings account payments for enrollees who switch to lower-cost, high-deductible bronze or catastrophic plans. Sen. Rand Paul (R-KY) was the only Republican to vote with Democrats against the bill. Senators also voted 51-48 to reject a Democratic proposal to extend the enhanced ACA subsidies for three years. GOP Sens. Susan Collins (ME), Josh Hawley (MO), Lisa Murkowski (AK), and Dan Sullivan (AK) joined Democrats in supporting this bill. The votes come as House Republican leadership said they will allow a vote next week on a GOP package of health care bills that does not include an extension of expiring enhanced ACA premium subsidies, but instead offers a package of policies ranging from expanded Health Savings Accounts and stricter oversight of pharmacy benefit managers to enhance “Price Transparency.” House GOP moderates are pushing a discharge petition to force a vote on a bill extending the enhanced ACA subsidies for two years, while some more conservative Republicans are focused on including new abortion-coverage restrictions—leaving the conference with no clear consensus on a path forward. The looming expiration of the subsidies comes as a new poll from Gallup shows that 57% of Americans approve of the ACA, while only 35% disapprove. Support varies depending on respondents’ political affiliation, with approval of the ACA ranging from 91% of Democrats to 63% of independents and only 15% of Republicans. Separately, a New York Federal Reserve survey this week found that U.S. households grew more pessimistic about their current and near-term financial situations last month, with many concerned about increased medical expenses, which jumped 10.1%—the highest in more than a decade.

• Last Wednesday, the House voted 312-112 to pass the 3,100-page compromise text of the fiscal year (FY) 2026 National Defense Authorization Act (NDAA). Of interest for the MCAA, the final bill authorizes $26 billion for shipbuilding, including for Virginia class attack submarines and authorizes funding to build additional Coast Guard cutters. Also of interest to MCAA, the final bill excluded Sen. Elizabeth Warren’s (D-MA) “Right-to-Repair” language supported by the Trump Pentagon to ensure the U.S. military retains access to data and parts necessary to repair its weapons systems. The final bill text also excluded the bipartisan Road to Housing Act that was in the Senate version of the NDAA to speed construction of multifamily housing and to address housing affordability.

• There were a couple of developments last week in races for the U.S. Senate. In Ohio, a new poll shows incumbent Sen. Jon Husted (R-OH) and former Sen. Sherrod Brown (D-OH) in a statistical dead heat, with Husted receiving 49% support, compared to 46% support for Brown. In Texas, Rep. Jasmine Crockett (D-TX) launched a Democratic primary bid to take on incumbent Republican Sen. John Cornyn.

• There were several developments last week in races for the House. In Indiana, the state Senate rejected President Trump’s demand for mid-decade redistricting, voting 31–19 against a map Republicans in the Indiana House developed that would flip the state’s two Democratic congressional seats. In Texas, former Rep. Colin Allred (D-TX) left the Texas Senate race to run in the newly redrawn 33^rd Congressional District, while Rep. Marc Veasey (D) opted not to seek re-election in that district and instead run for Tarrant County judge. The Cook Political Report shifted Rep. Henry Cuellar’s (D) race from “Toss Up” to “Leans Democrat,” saying President Trump’s pardon of Cuellar “compromised his party’s ability to flip one competitive seat.” In New York, progressive New York City Comptroller Brad Lander (D) announced a primary challenge against Rep. Dan Goldman (D-NY) in the 10^th Congressional District. In Virginia, former Rep. Tom Perriello (D) launched a challenge to Rep. John McGuire (R) in the 5^th Congressional District. In Maryland, former Rep. David Trone (D) is mounting a primary challenge in Maryland’s 6^th Congressional District against first-term Rep. April McClain Delaney (D). And in North Carolina, Durham County Commissioner Nida Allam (D) launched a progressive primary challenge against Rep. Valerie Foushee (D-NC) in North Carolina’s 4^th Congressional District. These developments come as the Democratic Congressional Campaign Committee added five seats to its battleground target list: (1) Rep. Darrell Issa’s (R) seat in California’s 48^th Congressional District; (2) Rep. Laurel Lee’s (R) seat in Florida’s 15^th Congressional District; (3) Rep. Greg Murphy’s (R) seat in North Carolina’s 3^rd Congressional District; (4) Rep. Chuck Edwards’ (R) seat in North Carolina’s 11^th Congressional District; and (5) Rep. Greg Casar’s (D) seat in Texas’ 35^th Congressional District, which became more GOP leaning in redistricting.

Around the Country

• MCAA members working in the Washington, D.C. metro area may be interested to know that last Friday, the National Historic Trust, which is charged by Congress with historic preservation, filed a lawsuit to halt President Trump’s construction of a 95,000 square foot ballroom at the site of the recently-demolished White House East Wing annex. The Trust is represented by Greg Craig, who served in the Obama and Clinton Administrations. In the lawsuit, the Trust claims the President cannot proceed with the project without its review and approval.

• As the MCAA continues to engage the Labor Department on our priority issue of preventing the misclassification of construction workers as independent contractors, we learned last Wednesday that the Labor Department’s Wage and Hour Division recovered $596,000 in back wages and fringe benefits for 31 workers after finding that Maryland subcontractor J. Solano HVAC ran a kickback scheme on two D.C.-funded affordable housing projects. Investigators determined the company paid workers the required Davis-Bacon prevailing wage by check but then forced them to return any amount above $30/hour, while also misclassifying some workers as lower-skilled laborers to avoid paying higher hourly rates for HVAC technicians and plumbers. Because the violations were deemed willful, DOL debarred the company and its owner from federal contracting for three years.

• MCAA members operating in Michigan should be aware that last Tuesday, Senate Homeland Security and Governmental Affairs Committee Ranking Member Gary Peters (D-MI) requested the Defense Department (DOD) Inspector General investigate significant delays to DOD’s cleanup efforts of perfluoroalkyl and polyfluoroalkyl substances (PFAS) at military installations nationwide, including six military bases in Michigan. Peters requested a review of the factors DOD considered in delaying cleanup timelines (including staffing and resource constraints), an assessment of whether DOD evaluated the impacts on local communities, and whether DOD took any steps to communicate with affected communities prior to releasing the revised schedules delaying cleanup efforts.

• MCAA members operating in Alabama should be aware that last Tuesday, Eli Lilly announced plans to spend $6 billion to build a manufacturing plant in Huntsville, Alabama to help boost production of its closely watched experimental obesity pill orforglipron and other drugs. The company said it expects construction of the Alabama plant, which is set to start this year and be completed in 2032, to create 3,000 construction jobs.

• MCAA members operating in Minnesota should be aware that last Tuesday, the General Services Administration (GSA) awarded a $105 million Design-Build Construction contract to McGough Construction for design and construction of the Land Port of Entry Project in Grand Portage, MN, located on the Grand Portage Indian Reservation and serving passenger and commercial traffic between northeastern Minnesota and Ontario, Canada. Construction is expected to begin next summer, and the project will replace 1960s-era facilities across the 10.4-acre port with new, modernized buildings designed to improve security, efficiency, and processing capacity. The project will also add lanes—including a wider commercial truck lane—to reduce congestion and expand trade. GSA said that it expects substantial completion of the project by fall/winter 2029. Additional information about the project is available here.