Lobbying Disclosure Act of 1995 (Section 5) - All Filers Are Required to Complete This Page

9. Check if this filing amends a previously filed version of this report

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code ENV

16. Specific lobbying issues

Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members.


NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax.

NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place.

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code CHM

16. Specific lobbying issues

Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members.


NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax.

NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place.

NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023.

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code TRA

16. Specific lobbying issues

NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022.

Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support.

Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement.

Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and the Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks, and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members.

NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about chemical distributors' compliance challenges. NACD encouraged members of the House of Representatives to sign a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax.

Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000.

Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees.

Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code TRD

16. Specific lobbying issues

The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections.

NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09)

Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260.

China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs.

NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code TAR

16. Specific lobbying issues

The Generalized System of Preferences (GSP), a tariff relief program, expired on December 31, 2020. The GSP, established by the Trade Act of 1974, provides duty relief on products from participating developing countries to promote economic development. NACD supports either a short-term renewal with a clean extension of the program while negotiations continue or a long-term retroactive renewal of GSP. NACD supports S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Generalized System of Preferences (GSP) program through January 1, 2027. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes GSP reauthorization and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260. NACD opposes H.R. 3975, introduced by Rep. Earl Blumenauer (D-OR), that would extend GSP from its current expiration on Dec. 31, 2020, through Dec. 31, 2024, but it includes sections NACD opposes such as the bill updates the parameters that countries must meet in order to participate in GSP, including labor criteria and environmental standards, among other provisions. Countries participating in GSP would need to prove that they: abide by internationally recognized human rights; enforce environmental laws; combat corruption; and enact economic policies that help lift individuals out of poverty. Additionally, H.R. 3975 would require the president to conduct an annual compliance assessment of GSP beneficiary countries. In addition, the U.S. Trade Representative and deputy undersecretary of Labor for international affairs would be required to conduct an annual assessment of worker benefits in beneficiary countries, including gender-based protections.

NACD advocated in support of H.R.8906 - To provide for retroactive application of the Generalized System of Preferences for the period after December 31, 2020, and before September 1, 2022 - introduced on September 19, 2022, by Rep. Debbie Wasserman Schultz (D-FL-23) and cosponsored by Reps. Mario Diaz-Balart (R-FL-25), and Dareren Soto (D-FL-09)

Miscellaneous Tariff Bill (MTB) - The Miscellaneous Tariff Bill, also a tariff relief program, expired on December 31, 2020. The MTB is a trade program facilitated by the U.S. International Trade Commission that provides duty relief on imports that cannot be domestically produced. NACD supported the retroactive renewal of the MTB. NACD supported S. 1260, the United States Innovation and Competition Act of 2021, that passed the Senate on June 8, 2021, and includes an amendment, the Trade Act of 2021, which would, among other things, allow tariff relief via a multi-year renewal of the Miscellaneous Tariff Bill (MTB) with duty suspensions valid through December 31, 2023. NACD supports H.R. 4037, introduced by Rep. Kevin Brady (R-TX), which includes MTB renewal and is closely based on the framework of the Senate's Crapo-Wyden bill-turned-amendment, S. 1260.

China Section 301 tariffs - USTR has implemented three China import tariff lists. List 1 and 2 remain in effect, and List 3 has been projected to go from 10% to 25%. NACD supports legislation to remove these import tariffs.

NACD has supported S.1260 - United States Innovation and Competition Act that passed the Senate in June and included an amendment that would allow tariff relief via a multi-year renewal of the GSP program through January 1, 2027, and an MTB with duty suspensions valid through December 31, 2023. NACD is advocating for the House of Representatives to take up the Senate legislation.

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code HOM

16. Specific lobbying issues

NACD advocated for the strengthening of cybersecurity for critical infrastructure through a public-private partnership that has liability protections for the private sector.

NACD advocated for the inclusion of chemical distribution facilities in the definition of covered critical infrastructure as it relates to drone policy.

NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023. NACD worked to educate members of key congressional committees in the new Congress about the importance of the program and is seeking several avenues to ensure the swift and timely reauthorization of CFATS.

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code LBR

16. Specific lobbying issues

NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022.

Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support.

Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement.

NACD advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. NACD advocated against the inclusion of elements of the PRO Act in several pieces of legislation.

Legislation that serves, as a solution to the Multiemployer Pension Solvency Crisis, creating a new administration within the Treasury Department to issue loans to plans with (a) critical and declining, (b) critical, or (c) insolvent status. While generally supporting an immediate resolution of the crisis as well as moving the debate to the Senate, NACD is in opposition to bills that do not address underlying structural issues impacting Multi-employer pensions.

Legislation that would bring the Fair Labor Standards Act (FLSA) into the 21st century by updating the definition of employee, conforming the definition of employee with other New Deal era statutes that already apply a common-law definition for the term, and reconciling the FLSA with more recent U.S. Supreme Court decisions.

Legislation that would (a) force companies to turn over personally identifying information such as addresses, contact information, and shift information on employees to unions, (b) shorten the amount of time businesses would have to prepare for union certifying elections (c) modify the tests for independent-contractor and joint-employer to definitions not consistent with current employment trends, and make many other changes to labor and employment law that would be better debated individually. NACD is in opposition to this bill.

17. House(s) of Congress and Federal agencies Check if None

U.S. HOUSE OF REPRESENTATIVES, U.S. SENATE

18. Name of each individual who acted as a lobbyist in this issue area

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code ROD

16. Specific lobbying issues

Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000.

Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees.

NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022.

Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support.

Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement.

Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code TRU

16. Specific lobbying issues

Moving Forward Act - In the House Democratic infrastructure proposal, NACD lobbied for general infrastructure improvements paired with revenue-stabilizing measures in addition to small changes to existing transportation law. NACD advocated for the inclusion of the DRIVE Safe Act language into HR2 as well as changes proposed to the Hazmat title to clarify the status of goods in rail containers. NACD opposes the change to increase the minimum commercial motor vehicle insurance from $750,000 to $2,000,000.

Rail Reform - NACD advocated for a full Surface Transportation Board to review and resolve issues related to rail. NACD advocated for rail reform as it relates to competitive switching and demurrage fees.

NACD advocated in favor of the House, Senate, and joint resolutions to avoid a rail labor strike that passed both Chambers. Specifically, advocated in support of 1) H.J.Res.100 that provides for a resolution with respect to the unresolved disputes between certain railroads represented by the National Carriers' Conference Committee of the National Railway Labor Conference and certain of their employees, and S.J.Res.61 a joint resolution requires the parties to the disputes between certain railroads and labor organizations to accept the recommendations in the report of the Presidential Emergency Board Numbered 250 that was issued on August 16, 2022, with respect to any such disputes that remain unresolved by 12:01 a.m. eastern daylight time on September 16, 2022.

Additionally, NACD advocated for a separate amendment to the resolution, H.Con.Res.119, which would grant workers seven paid sick days. Specifically, it was a concurrent resolution that would provide for seven days of sick leave for railroad employees under the terms of the most recent tentative agreements, side letters, and local carrier agreements entered into by the parties to the disputes between certain railroads and labor organizations. The resolution that guaranteed seven paid sick days for rail workers, which passed the U.S. House of Representatives, could not overcome the filibuster in the U.S. Senate despite receiving bipartisan support.

Additionally, NACD advocated regarding NACDs support for including additional paid sick days in any legislated rail labor agreement.

Support of the DRIVE-Safe Act - On March 20, 2021, The Developing Responsible Individuals for a Vibrant Economy Act (H.R. 1745) was introduced in the House by Rep. Trey Hollingsworth (R-IN) and a bipartisan mix of eight original cosponsors (4 republicans and 4 democrats). Sen. Todd Young (R-IN) and a bipartisan mix of seven original cosponsors (3 republicans, 3 democrats, and 1 independent) also introduced the Senate companion bill (S. 659). Currently, 48 states allow individuals to obtain commercial driver licenses at age 18; however, those states prohibit drivers until they are 21 from moving goods across state lines. The bill directs the Secretary of Transportation to issue regulations relating to commercial motor vehicle drivers under the age of 21.

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

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LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code TAX

16. Specific lobbying issues

Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members.

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

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Information Update Page - Complete ONLY where registration information has changed.

20. Client new address

21. Client new principal place of business (if different than line 20)

22. New General description of client’s business or activities

LOBBYIST UPDATE

23. Name of each previously reported individual who is no longer expected to act as a lobbyist for the client

ISSUE UPDATE

24. General lobbying issue that no longer pertains

AFFILIATED ORGANIZATIONS

25. Add the following affiliated organization(s)

Internet Address:

26. Name of each previously reported organization that is no longer affiliated with the registrant or client

FOREIGN ENTITIES

27. Add the following foreign entities:

28. Name of each previously reported foreign entity that no longer owns, or controls, or is affiliated with the registrant, client or affiliated organization

CONVICTIONS DISCLOSURE

29. Have any of the lobbyists listed on this report been convicted in a Federal or State Court of an offense involving bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of interest, making a false statement, perjury, or money laundering?
No Yes