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News Nov. 30, 2023

This Week in D.C.

Senators pursue border security agreement as part of larger supplemental funding for Israel, Taiwan and Ukraine

The Biden administration recently requested that Congress provide $106 billion in supplemental funding for Israel, Taiwan and Ukraine, as well as $14 billion to bolster border security during fiscal year 2024. This legislation in its current form has little chance of passing for various reasons. However, progress is being made through ongoing bipartisan talks in the Senate regarding reaching a compromise on the immigration provisions.

Disagreements remain regarding the scope of eligibility under asylum laws and humanitarian parole programs that could reduce pressure on the U.S.’ southern border while providing the additional funding to meet the current situation on the ground. Achieving an agreement to effectively strengthen border security would be a meaningful bipartisan accomplishment that has long eluded Congress and ultimately could allow Congress to turn its attention to addressing workforce-related immigration issues in the future.

NRCA urges a delay of implementation of beneficial ownership reporting

NRCA recently joined the American Institute of Certified Public Accountants in urging Congress to delay by one year implementation of beneficial ownership reporting under the Corporate Transparency Act. The Corporate Transparency Act requires the submission of regular reports to the federal government identifying the beneficial owners of businesses and other legal entities. The stated goal is to target shell companies used in illicit financial transactions, but the new law defines the targeted entities as those having 20 or fewer employees and less than $5 million in revenue—in other words, nearly every small business in the U.S.

The scope of the data collection is beyond anything the federal government has ever attempted outside of the Tax Code. Aside from this unprecedented challenge, the Financial Crimes Enforcement Network is simply not ready. Of the three primary rules necessary to implement the new law, one has been completed; the second is still at the “proposed” stage and needs to be finalized; and the third has yet to be released as a proposed rule. And many businesses have no idea this requirement begins soon but could face serious repercussions for noncompliance, including civil and criminal penalties of up to $10,000 and two years of jail time.

NRCA comments on OSHA employee representation proposed rule

NRCA and allied members of the Construction Industry Safety Coalition filed comments on the Occupational Safety and Health Administration’s Notice of Proposed Rulemaking to revise regulations regarding who may act as an employee representative to accompany OSHA compliance officers during workplace inspections. Currently, employers and employees have the right to have a representative authorized by them to accompany agency officials during a workplace inspection. According to OSHA, the proposed rule is needed to clarify that employees may authorize, as their representative, an employee or a nonemployee from a third party if the compliance officer determines the third party is reasonably necessary to conduct an effective inspection.

The Construction Industry Safety Coalition comments contained a detailed analysis of several concerns regarding how the proposed rule, if finalized, could have negative consequences for employers by too broadly expanding the eligibility for third-party representatives. These concerns include increased risks on multiemployer worksites, conflicts with longstanding agency guidance and existing federal laws, and lack of clarity regarding how the new rules would work. Given these serious concerns, the comments strongly recommend OSHA withdraw the proposed rule.

A special thank you for supporting ROOFPAC!

During this giving season, NRCA shares our great appreciation for all who give back to the roofing industry through your support for ROOFPAC. By contributing to ROOFPAC, the only political action committee dedicated to the roofing industry in Washington, D.C., you are making a positive difference and helping to secure the future of roofing for generations. We also thank our generous corporate sponsors who partner with us during the year to help underwrite our fundraising activities and events so all proceeds can go directly to members of Congress who support our industry. For more information or if you would still like to contribute to help ROOFPAC finish 2023 strong, please visit www.nrca.net/roofpac.


ROOFPAC is the federally registered political action committee of NRCA, and contributions will be used for political purposes. Contributions to ROOFPAC are not tax-deductible and the name, address, occupation and employer’s name of individuals whose contributions exceed $200 during a calendar year will be reported to the Federal Election Commission. Contributions are voluntary, and you have the right to refuse to contribute without any reprisal.

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