Washington Report: Washington Shakeup

by Patty Power, ACPA Washington Advocate

In the last edition, I noted that the Trump transition was very active and preparing to come out swinging. I correctly predicted the action, but not the speed nor volume. While we were warned of the possible “flood the zone” approach that the Trump transition team planned, no one anticipated just how intense the storm would be. As of March 24, President Trump has issued 106 executive orders, 24 proclamations, and 27 memoranda since his Inauguration on January 20. That is a record number of actions. And there is no indication that the White House is done.

When a new president begins a term, typically he issues a series of policy documents that reflect the policies of the new administration. Many of these documents reverse the policies held by the prior administration. Others set new administrative policies. The purpose of all of them are to drive new federal policy that reflects the new administration.

Without a doubt, the second Trump administration has intensely reversed policies of prior administrations, not just Biden’s. This White House has gone further than any administration before it to challenge law as well. President Trump seeks to expand the power of the executive branch beyond where other presidents have ever gone — challenging powers granted constitutionally to Congress and the courts. Over 140 lawsuits have been filed challenging the Trump directives; at least 53 rulings have paused Trump administration changes.

The administration’s international actions, such as the implementation of tariffs, have created uncertainty as well. While the White House sorts how to work with our trading partners, it would be helpful to hear from our members about how your business is being impacted. The U.S. imports cement. Can a trade limit on cement imports impact your business by making concrete too expensive for some jobs?

One specific example of how the policy rollout is working is the grant policy at the Department of Transportation (DOT). As you all know, transportation infrastructure uses a lot of concrete. Congress authorizes the surface transportation every five years (or so) to establish and fund programs to build road, bridge, transit and related transportation projects. The DOT funds these projects through formula funding to the states and by competitive grants. DOT Secretary Duffy signed the “Woke Rescission” Memorandum, directing the DOT to identify and eliminate all Biden-era programs, policies, activities, rules and orders that promote climate change activism; Diversity, Equity, and Inclusion (DEI) initiatives; racial equity, gender identity policies, environmental justice. In place of the Biden policy objectives, the Duffy Memorandum directs prioritization of projects that utilize user-pay and are located in opportunity zones, in communities with marriage and birth rates higher than the national average, in communities that cooperate with local enforcement of federal immigration rules, and that oppose mask and vaccine mandates.

What else is happening? ACPA is closely monitoring the following and engaging as called for on the following:

On the state front, ACPA signed onto a letter to the California legislature opposing AB 306, a bill to prevent any change to California residential construction standards for nearly 10 years.

A Congressional Review Act resolution to reverse the Biden EPA’s waiver of the Clean Air Act requirement holding that states cannot set stricter standards than the federal air quality standards was introduced in Congress. There is a question about whether EPA’s waiver is considered a rulemaking under the Congressional Review Act, thereby allowing the resolution to proceed. If the Congressional Review Act resolution passes legal muster, the waiver will be reversed, effectively canceling California’s climate change-based vehicle standards, including its EV requirements.

Congress is working on a reconciliation package that is likely to renew 2017 Trump tax cuts, provide new immigration restrictions and programs and increase defense spending, while not touching social safety net entitlement programs, including Social Security, Medicare and Medicaid. There are many hurdles to overcome, but some version of a reconciliation package is expected to pass.

Finally, Congress is working on the reauthorization of the Highway Bill, which expires in September 2026. This package is a possible vehicle for the Concrete Pump Tax Fairness Act, in addition to providing other opportunities for the concrete industry.