MCAA Government Affairs Update for the Week of October 13, 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, October 13, 2025 MCAA Lobbying Firm, Longbow Public Policy Group provided the following information:

Trump Administration

  • As the week begins, the government shutdown continues as both the House and Senate went home for the Columbus Day holiday weekend. Before the Senate departed last Friday, Sen. Markwayne Mullin (R-OK), who is facilitating shutdown negotiations with Democrats, floated a new continuing resolution to fund the government through December 18th or 19th instead of the House-passed continuing resolution (CR) that expires November 21st. Sen. Mullin also hinted that it could be paired with a promise to negotiate with Democrats on expiring Affordable Care Act (ACA) credits. The proposal came after the Senate failed for the seventh time last Thursday to overcome a filibuster of the House-passed continuing resolution, while a Democratic proposal to extend ACA premium tax credits also failed. On a House Republican conference call last Thursday, Speaker Mike Johnson (R-LA) rejected bringing the House back to Washington, D.C. to vote on a standalone bill to pay the troops before they miss paychecks on October 15th. Speaker Johnson also continued to insist that the House will not reconvene until the Senate approves the House-passed CR. Despite Speaker Johnson’s remarks, the White House is considering options to pay members of the military if the shutdown drags on, including shifting available funds or pressing Republican leadership to put a standalone troop pay bill on the floor. In addition to the impending deadline to pay the military, other deadlines are approaching that could increase pressure to resolve the government funding impasse, including: October 17th when federal courts run out of money; October 20th the pay date for Senate staff; October 24th the next pay date for federal workers; October 31st the pay date for House staff; and November 1st when open enrollment begins for the Affordable Care Act. As the shutdown continues, pressure is also mounting due to significant delays at a growing number of major airports—including Reagan National in D.C., Philadelphia, Miami, Fort Lauderdale, San Francisco, LaGuardia, Newark Liberty, Nashville, Dallas, Chicago, Atlanta, Houston, and Boston Logan. The delays are due to staffing shortages, as air traffic controllers and TSA screeners call in sick during the shutdown (as they did during the 2019 shutdown). And smaller airports may begin halting commercial air service after funding for the Essential Air Service Program expired on Sunday. Concerned about the growing airport delays caused by staffing shortages, Transportation Secretary Duffy is threatening that “problem children” air traffic controllers who call out sick during the shutdown could lose their jobs. The White House also sought to pressure Democrats to end the shutdown by announcing last Friday that the Office of Management and Budget (OMB) has initiated reductions in force of furloughed federal employees at unspecified federal agencies.
  • Evidence of President Trump’s growing influence over corporate America was illustrated last week in the latest installment of the Global Situation Room’s “Reputation Risk Index”— a quarterly survey of executives tracking evolving reputational threats to companies and organizations. The latest edition reveals that executives surveyed view the greatest risk currently facing organizations as targeted criticism from President Trump. This includes potential backlash not only from the President himself, but also from a wide range of “MAGA influencers,” which surveyed executives say can escalate into criticism from the President and investigations or actions by federal agencies or Congress. Notably, this type of political pressure has now surpassed emerging threats associated with the rise of artificial intelligence systems, ransomware attacks, and hacking incidents as executives’ greatest concern.
  • As the MCAA continues lobbying to preserve the Biden-era rules creating a presumption in favor of project labor agreements (PLAs) on construction projects valued at $35 million or more, last week we confirmed that while courts have generally been granting the Administration’s requests to postpone civil cases due to the lapse in appropriations, the Administration’s request for a delay was denied in the pending lawsuit over the MCAA-supported PLA rules brought by Associated Builders and Contractors of Florida that is currently pending before the U.S. Court of Appeals for the 11th Circuit. As a result, briefs were due October 10th in response to the Court’s order questioning its jurisdiction to decide this case. MCAA confirmed that the Trump Administration is continuing to enforce the Biden-era PLA presumption during the pendency of this lawsuit.
  • MCAA members who are federal contractors should be aware that the Trump Justice Department has started using the False Claims Act (FCA) for immigration enforcement  against government contractors who utilized illegal aliens for work in shipyards billed to the federal government. In recent weeks, Bayonne Drydock and Repair Corp. agreed to pay more than $4 million to settle FCA allegations that its subcontractors employed “unauthorized aliens” who worked on federal ship contracts in violation of the E-Verify provision of the Federal Acquisition Regulations. Separately, Bollinger Shipyard paid more than $1 million to settle claims it had failed to verify the employment eligibility of certain workers on a federal contract. The developments come as the Justice Department has pledged that a “focus” of the Criminal Division’s Corporate Whistleblower Awards Pilot Program will include pursuing “violations by corporations of federal immigration law.”

Congress

  • Last Thursday, the Senate Health, Education, Labor, and Pensions (HELP) Committee advanced to the full Senate four nominations of interest to the MCAA by a party-line vote of 12-11: (1) Morgan Lewis attorney Crystal Carey to be General Counsel of the National Labor Relations Board (NLRB); (2) former NLRB attorney James Murphy to be a member of the NLRB; (3) Rosario Palmieri to be Assistant Secretary of Labor for Policy; and (4) former Rep. Anthony D’Esposito (R-NY) to serve as the Labor Department’s Inspector General. Notably, the HELP Committee did not consider the nomination of Boeing chief labor counsel Scott Mayer to be a member of the NLRB over concerns expressed by Ranking Member Bernie Sanders (I-VT) and Sen. Josh Hawley (R-MO) about Boeing’s inability to reach an agreement with the union representing workers on strike at the company’s St. Louis facility.
  • Last Wednesday, the MCAA policy team covered the Senate Health, Education, Labor, and Pensions (HELP) Committee’s hearing entitled, “Labor Law Reform Part 1: Diagnosing the Issues, Exploring Current Proposals.” The hearing largely centered on two labor reform proposals—the Protecting the Right to Organize (PRO) Act and the Faster Labor Contracts Act. During the hearing, witnesses supporting the PRO Act, including former National Labor Relations Board General Counsel Jennifer Abruzzo and UAW union member Steve Cochran, argued that the bill would strengthen workers’ ability to unionize and bargain fairly by giving the NLRB real enforcement power and curbing corporate stalling tactics. Abruzzo and Cochran also noted issues with the current system that allow employers to delay union negotiations for years without consequences. Abruzzo also explained that the NLRB is chronically underfunded and unable to protect workers effectively, while Cochran cited Volkswagen’s prolonged union contract talks as evidence of the need for stronger labor protections, like those in the PRO Act. Notably, Teamsters President Sean O’Brien declined to expressly endorse the PRO Act and instead focused on the more modest Faster Labor Contracts Act introduced by Sen. Josh Hawley (R-MO). O’Brien said that the bill would prevent corporations from dragging out negotiations indefinitely, noting that half of new unions fail to secure contracts within a year. Both O’Brien and Cochran argued that the Faster Labor Contracts Act’s binding timelines for negotiation and arbitration would force companies to bargain in good faith. However, witnesses Rachel Greszler of the conservative Heritage Foundation and former Republican NLRB Chair Marvin Kaplan, warned that the Faster Labor Contracts Act’s “arbitrary deadlines” and reliance on federal mediation could invite government overreach and undermine the voluntary bargaining framework established by the National Labor Relations Act.
  • Last Tuesday, Senate Commerce Committee Chair Ted Cruz (R-TX) and Ranking Member Maria Cantwell (D-WA) introduced the “Pipeline Integrity, Protection, and Enhancement for Leveraging Investments in the Nation’s Energy to assure Safety (PIPELINE Safety) Act” (S. 2975). The legislation would provide $1.65 billion to reauthorize the Pipeline Safety and Hazardous Materials Safety Administration (PHMSA) for five years. The bill also includes provisions revising the pipeline safety technology pilot program created by the 2020 PIPES Act, increasing the maximum civil penalties for violations of federal pipeline safety statutes and regulations, improving whistleblower protections, and requiring PHMSA to conduct a study of the safety, technical, and practical considerations of blending hydrogen into existing natural gas systems. The bill text is available here, and a section-by-section is available here. MCAA’s policy team is evaluating the legislation and is in discussions with Committee staff about it.
  • We are pleased to report that last Tuesday, the Senate voted 51-47 to confirm President Trump’s MCAA-endorsed nominee to lead the Occupational Safety and Health Administration, Davd Keeling. Keeling was one of over a hundred nominees confirmed in a block by a single vote that was made possible by Senate Republicans invoking the “nuclear option” in early September to change Senate rules to permit confirmation of nominees in blocks rather than individually. Several additional Executive Branch nominees of interest to the MCAA were also confirmed as part of this block, including: (1) Andrew Rogers to lead the Wage and Hour Division that oversees federal prevailing wage; (2) Jonathan Berry to be Solicitor of Labor (DOL’s chief legal officer); (3) Janet Dhillon to lead the Pension Benefit Guaranty Corporation; (4) Jonathan Snare to be a member of the Occupational Safety and Health Review Commission; (5) Audrey Robertson to be Assistant Secretary of Energy for Energy Efficiency and Renewable Energy; (6) Timothy Walsh to be Assistant Secretary of Energy for Environmental Management; (7) Catherine Jereza to be Assistant Secretary of Energy for Electricity; (8) Laura Swett and David LaCerte to be members of the Federal Energy Regulatory Commission; (9) Neil Jacobs to lead the National Oceanic and Atmospheric Administration; and (10) Kevin Rhodes to be Administrator for Federal Procurement Policy. As these newly confirmed officials take their posts, MCAA will be engaging with them and we expect the pace of regulatory activity at their agencies to pick up.
  • Given MCAA’s continuous efforts to strengthen and expand participation in registered apprenticeship programs, we wanted to highlight a report from Senate Health, Education, Labor, and Pensions (HELP) Committee Ranking Member Bernie Sanders (I-VT) released last Monday on artificial intelligence (AI) that could help encourage people to go into registered apprenticeship programs in the skilled trades as they look to enter careers that won’t be destroyed by the rise of AI-powered robots and systems. The report posits that these robots and systems could result in 100 million people losing their jobs over the next decade, but the skilled trades for which the United Association’s apprenticeship programs train people are not among the occupations expected to be significantly impacted. The report finds that AI could lead to the displacement of: (1) 54% of software developers; (2) 83% of customer service representatives; (3) 47% of operations managers; (4) 47% of heavy and tractor trailer truck drivers; (5) 81% of laborers and freight, stock and material movers; and (6) 62% of retail salespersons.

Around the Country

  • Throughout the government shutdown, MCAA has been busy tracking announcements and rumors about the cancellation of federally funded infrastructure and energy projects. Last week, the Trump Administration made it known that it is considering canceling nearly $12 billion in clean energy projects awarded during the Biden Administration. These include all seven regional hydrogen hubs: (1) the Appalachian Hydrogen Hub in West Virginia, Ohio, and Pennsylvania; (2) the California Hydrogen Hub; (3) the Gulf Coast Hydrogen Hub in Texas; (4) the Heartland Hydrogen Hub in Minnesota, North Dakota, and South Dakota; (5) the Mid-Atlantic Hydrogen Hub in Pennsylvania, Delaware, and New Jersey; (6) the Mid-West Hydrogen Hub in Illinois, Indiana, and Michigan; and (7) the Pacific Northwest Hydrogen Hub in Washington, Oregon, and Montana. Also at risk are $35 million for California’s Lodi Energy Center Hydrogen Project—a facility intended to serve as Northern California’s only hydrogen fueling site for heavy-duty trucks and machinery—and two direct air capture projects: Occidental Petroleum’s South Texas Hub in Kleberg County, Texas, and Battelle’s Point Cypress Hub in southwest Louisiana. In addition, the Trump Administration is weighing the cancellation of $500 million for General Motors to convert its Lansing Grand River Assembly Plant in Michigan to EV production, $335 million for Stellantis to retool the shuttered Belvidere Assembly Plant in Illinois for mid-size electric trucks, and $250 million for Stellantis to convert its Indiana Transmission Plant in Kokomo to produce EV components.
  • MCAA members monitoring the deployment of geothermal may be interested in a legal challenge filed last week to a Biden-era endangered species designation that halted a project in Nevada. Last Tuesday, Reno, NV-based Ormat Technologies sued the U.S. Fish and Wildlife Service (FWS) and the Interior Department over the placement of the “Dixie Valley toad” on the Endangered Species List during the Biden Administration. The listing of the toad has prevented construction of the company’s planned geothermal plant in Churchill County, NV. In the lawsuit, Ormat argued that FWS violated the law by listing the toad because it was not in danger of extinction at the time of listing. Conservationists have countered that the construction of the geothermal plant will lead to the toad’s extinction.
  • MCAA members in North Carolina should be aware that last Wednesday, the Environmental Protection Agency (EPA) announced a public hearing on October 22, 2025 regarding its objection to a North Carolina Department of Environmental Quality proposed National Pollutant Discharge Elimination System permit for the City of Asheboro’s Wastewater Treatment Plant. The Biden-era EPA argued in a Specific Objection Letter earlier this year that the proposed permit “does not include effluent limits stringent enough to meet applicable water quality standards” after a state administrative judge voided the 1,4-dioxane effluent discharge limitation.