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

NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included a reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts.

Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.

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

NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts.

Legislation surrounding the regulation of ethylene oxide. Opposition to H.R. 314 - Communities and Environment First Act of 2021 introduced by Rep. Cedric Richmond (D-LA) as it relates to an increased excise tax on ethylene, S. 984 - Break Free From Plastics Pollution Act of 2021 introduced by Senator Jeff Merkley (D-OR) as it relates to ethylene product classification, and H.R. 1512 - CLEAN Future Act introduced by Rep. Frank Pallone (D-NJ) as it relates to ethylene product classification.

NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021.

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

General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. Unfortunately, this package included reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts.

NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021.

NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. This legislation passed the House of Representatives by a vote of 364-60 on December 8, 2021. NACD has been advocating and working with Senate staff to introduce a companion bill in the Senate in 2022.

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

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

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

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.

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.

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

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

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 advocates in opposition to the companion legislation S.420/H.R.842 - Protecting the Right to Organize Act of 2021. The PRO Act passed the House in March of this year but has not moved forward in the Senate. Currently, in the Senate with only Democrat co-sponsors. Provisions in the PRO Act would force employers to provide their employees' personal information to labor groups without employee consent, infringe upon a worker's right to a secret ballot in union elections, and take away a worker's ability to work independently, especially in those working in the gig economy. NACD advocated against the inclusion of elements of the PRO Act in the Build Back Better Act and similar legislation. On Nov. 19, 2021, a scaled-down version of the Build Back Better Act (BBB) passed the House of Representatives (on a narrow, party-line vote). Although some of the most concerning provisions that were included in previous versions of the bill were left out (including a virgin plastics resin tax), the bill still contains a number of concerning tax increases, new authorities for OSHA and EPA to impose fines and fees, and funding for an ill-defined, whole-of-government Environmental Justice initiative that NACD opposed.

NACD advocated against allowing the Occupational Safety and Health Administration (OSHA) to issue a vaccine mandate for private employers of 100 employees or more. To minimize the risk of COVID-19 transmission, the Occupational Safety and Health Administration (OSHA) released the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). This binding ETS requires all businesses with 100 or more employees to adopt, implement, and enforce vaccination, testing, and safety protocols for their workforce. Employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy or develop, implement, and enforce a policy allowing employees to elect to get vaccinated or to undergo weekly COVID-19 testing and wear a face covering in the workplace. NACD advocated against this act of OSHA and any legislation that would allow OSHA the regulatory authority to do so because 1) OSHA did not offer the public any proper notice or provide sufficient opportunity to comment on this rule before it was finalized. Furthermore, the ETS would significantly expand OSHA's regulatory authority without clear congressional authorization, 2) While the initial ETS applied only to employers with 100 or more employees, OSHA s request for comments suggested that they would look to expand the ETS to smaller businesses in the future, 3) the testing alternative would be unworkable because of the lack of available tests, 4) the mandate would place an undue financial burden on NACD members, and 5) businesses have been significantly impacted by the effects of the pandemic and are working hard to retain their workforce amid ongoing staffing shortages, and this rule would only exacerbate this problem. NACD advocated in support of the Senate voting on December 8, 2021 to overturn the Biden administration's OSHA proposed rule that large private employers must require their workers to be vaccinated against COVID-19 or tested, or face losing their jobs using the Congressional Review Act. The vote was 52-48, with two Democrats joining all Republicans to overturn the regulation.

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

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

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

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

General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts.

NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021.

NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. This legislation passed the House of Representatives by a vote of 364-60 on December 8, 2021. NACD has been advocating and working with Senate staff to introduce a companion bill in the Senate in 2022.

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

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

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

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

General support for H.R.3684 - Infrastructure Investment and Jobs Act. Specifically, support of additional funding for ports and the inclusion of the DRIVE Safe Act or a similar pilot program in the bill package. In opposition to this legislation surrounding the reinstatement of the Superfund excise tax. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts.

NACD advocated for legislation to be introduced that would require the Federal Maritime Commission (FMC) to conduct a review of any systemic decisions by ocean carriers to discriminate against maritime transport of hazmat. Ocean common carriers have continued to refuse service to imports of hazardous material shipments via maritime transport, possibly against the law. The legislation was not introduced in 2021.

NACD has advocated in support of H.R.4996 - the Ocean Shipping Reform Act of 2021 introduced by Reps. John Garamendi (D-CA) and Dusty Johnson (R-SD), legislation that would be the first update to federal regulations for the global ocean shipping industry since 1998. This legislation addresses the ongoing supply chain crisis and safeguards US imports and exporters from unfair trade practices. The bill would ensure a more competitive global ocean shipping industry, protect American businesses and consumers from price gouging, and establish reciprocal trade opportunities to reduce the United States longstanding trade imbalance with export-driven countries like China. This legislation passed the House of Representatives by a vote of 364-60 on December 8, 2021. NACD has been advocating and working with Senate staff to introduce a companion bill in the Senate in 2022.

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

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

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

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 TAX

16. Specific lobbying issues

NACD advocated against the reinstatement of the Superfund tax in H.R.3684 - Infrastructure Investment and Jobs Act as a pay-for. The Infrastructure Investment and Jobs Act passed Congress in November and on November 15, the President signed the bipartisan $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Unfortunately, this package included a reinstatement of Superfund Taxes. The Superfund Tax on chemicals is being sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. Additionally, NACD advocated against the inclusion of broad environmental programs that would be duplicative to current federal agencies' efforts.

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 UNM

16. Specific lobbying issues

Maintaining Standard Business Deductions - NACD advocated for the legislation requiring the Internal Revenue Service to reverse the step they had taken of determining that companies that use Paycheck Protection Program (PPP) funds to cover normally deductible expenses would no longer be able to do so. NACD, like much of congress, opposes the IRS decision on the grounds that it largely weakens the impact of the aid.

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

​

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