|
USG Shutdown Update, H-2C Construction Visa Bil
|
PIPES Act Passes Committee
|
|
|
|
October 2025
U.S. Government Shutdown Underway
PIPES ACT Passes House T&I Committee
New NUCA National Leadership Structure
Rep. Smucker Introduces H-2C "Construction" Visa
DBE Requirements Suspended By USDOT
Senate Confirms New Heads of PHMSA, FHWA
OSHA Extends Heat Standard Comment Period
Pamphlet On Immigration Enforcement Actions: English & Spanish
Next NUCA Government Affairs Committee Meeting
Seeking Information on ICE Immigration Actions
NUCA/PAC: Going Strong Since 1976
First Session, 119th Congress Schedule
NUCA Official Letters To Congress
Join NUCA's Government Affairs Committee
|
|
|
|
The Newsletter of the NUCA Governmental Affairs Department
|
|
|
|
U.S. Government Shutdown Underway
|
|
As NUCA predicted, the U.S. federal government shutdown on Oct. 1, 2025, marking the start of Fiscal Year (FY) 2026 without any federal funding for its activities. This impasse stems from longstanding partisan divides over federal spending priorities. Key disputes include Democrats' insistence on extending health care premium tax credits—set to expire at year's end, and Republicans' push for spending cuts via rescissions, which Democrats view as a risk to negotiated agreements.
Historical precedents, like the 35-day 2018-2019 shutdown, highlight recurring funding battles that disrupt non-essential operations, including those tied to construction permitting and federal project approvals.
As of press time, the shutdown enters its third week, with Senate votes repeatedly rejecting dueling proposals: a Republican bill for funding through Nov. 21 and a Democratic measure extending to October while including ACA credits. Essential services persist, and social programs like SNAP remain funded via mandatory spending, but non-essential agencies, including USDPT and the EPA, are furloughing staff.
A funding stoppage will stop construction activity on certain jobsites immediately, with federally-funded projects the first to be affected. A shutdown could keep contracting officers and support staff away from their jobs unable to offer approval for project phases. Fixed-price contracts with appropriated federal resources probably can continue paid work, but state and local construction tied to federal resources could face obstacles.
Most highway programs will operate without interruption because they receive funding from the Highway Trust Fund and the NUCA-supported 2021 Infrastructure Investment and Jobs Act rather than annual federal appropriations. State revolving funds (SRF) can continue lending with existing grants and loan repayments, but new federal grants and some approvals may be paused. EPA may stop issuing permits, conducting enforcement inspections, and approving new grants.
The White House is warning of potential mass layoffs in federal departments if talks falter, while bipartisan blame escalates in
|
|
|
Congress with no active negotiations reported. Given the pattern of past shutdowns resolved via short-term fixes amid election-year pressures, Congress is likely to pass a clean Continuing Resolution (CR) in December 2025, extending funding through the end of FY2026 (September 30, 2026). This scenario would sideline health care extensions and rescission fights for future debates, prioritizing a swift reopen to lessen growing economic fallout.
It is our office's opinion that industry executives should prepare for 4-6 more weeks of uncertainty. We may have to endure this political gamesmanship again after Nov. 21. Besides project halts, be aware that air cargo shipments also may be delayed because of USDOT air traffic control staffing issues.
Please continue to monitor NUCA's news sources about the mid-November lame-duck session, where end-of-year dynamics could accelerate a bipartisan CR to avoid holiday disruptions.
NUCA is urging both Congress, President Trump, and the leadership in both parties to find a compromise that will keep the nation's infrastructure projects moving forward over the weeks and months ahead. We build our nation's foundation for future economic growth and national success, and depend on federal resources to deliver these projects to all American communities.
|
|
|
PIPES ACT Passes House T&I Committee
On Sept. 17, the House Transportation and Infrastructure Committee passed the PIPES Act (H.R. 5301) by voice vote, sending it to the full House for consideration. The bipartisan bill reauthorizes the Pipeline and Hazardous Materials Safety Administration’s (PHMSA’s) pipeline safety programs for the next four years and provides an efficient framework to advance the safety of U.S. energy infrastructure.
NUCA wrote in its letter of support: "Strengthening damage prevention laws is critical to reducing these incidents, protecting lives, and safeguarding infrastructure. H.R. 5301 enhances excavation safety, strengthens existing pipeline infrastructure, and supports the construction of modernized energy distribution systems to meet growing national demands. By mandating robust state-level policies—such as improved utility locating, mandatory 811 call systems, and stricter enforcement—the bill addresses systemic gaps that lead to preventable accidents."
Watch the Sept. 17 committee markup here.
|
|
|
|
|
New NUCA National Leadership Structure
|
|
|
At NUCA, we exist for the betterment of America’s infrastructure and the utility contracting industry that builds and maintains it. Everything we do is by, with, and for our members, aiming to grow strong connections and unified voices. These guiding principles shape every decision we make—including how we lead our national association.
NUCA announced on Oct. 8 a positive step forward in NUCA’s leadership structure. Effective immediately, Chris Barrett has been named Chief Staff Officer (CSO), and beginning October 16, Zack Perconti will join the organization as the Chief Advocacy Officer (CAO).
This dual-leadership model provides NUCA with both operational continuity and external momentum. It clearly defines the Chief Staff Officer’s responsibility for internal management and governance, while positioning the Chief Advocacy Officer to focus on advocacy through member engagement and industry influence.
This strong foundation enables Perconti to fully focus on advancing NUCA’s relationships, expanding membership, and strengthening our national presence.
|
|
|
Over the last six years, Perconti has led NUCA’s advocacy and lobbying efforts with distinction, building valuable connections for our members and industry. Now as CAO, his leadership will accelerate those efforts, ensuring NUCA’s voice continues to be heard at the highest levels. NUCA will continue to engage with Summit Strategies as a trusted partner in our advocacy efforts, further enhancing our reach and impact on behalf of our members. Zack will also continue his work with the NUCA Government Affairs Committee.
With Chris Barrett’s nine-year tenure at NUCA, her deep background in association management, and more than 25 years of executive leadership experience, NUCA will benefit from her steady, proven leadership. Her role ensures organizational stability, effective Board and Governance support, and sound financial oversight.
Together, Barrett and Perconti form a balanced, complementary leadership team—one that embodies NUCA’s purpose and positions us for both continuity and long-term growth.
The NUCA government affairs team welcomes this good news and our new leadership!
|
|
|
Rep. Smucker Introduces H-2C "Construction" Visa
Rep. Lloyd Smucker (R-PA) reintroduced on Sept. 19 his bipartisan "Essential Workers For Economic Advancement Act" (H.R. 5494). This bipartisan bill would create a new "H-2C" nonimmigrant visa for individuals coming to the United States to work in nonagricultural, less-skilled positions such as construction.
The NUCA-supported bill would create an initial maximum of 65,000 temporary H-2C visas, though the number of visas could increase or decrease in future years. In subsequent years, the number of H-2C visas would vary between 45,000 and 85,000 per fiscal year. If enacted, an employer must register for the H-2C program. Registered employers must pay certain fees, including an application fee and a scarcity recruitment fee. Rep. Smucker's legislation, strongly supported by NUCA, is the same as it was in the prior 118th Congress as H.R. 3734.
"The Essential Workers for Economic Advancement Act is a commonsense, bipartisan, and market-driven solution that addresses workforce shortages in key industries while ensuring American workers are prioritized," Rep. Smucker wrote in his media statement. "This guest worker program will help employers fill positions that have remained vacant for months and grow our economy."
The bill currently has 10 cosponsors from both parties. NUCA is urging Congress to give this necessary bill a hearing and pass it as quickly as possible.
|
|
|
DBE Requirements Suspended By USDOT
USDOT has suspended Disadvantaged Business Enterprise (DBE) requirements on federally funded state transportation projects, according to an Interim Final Rule (IFR) issued Oct. 7. The decision, effective immediately, follows a federal court ruling that deemed the DBE program’s race- and gender-based presumptions unconstitutional, prompting USDOT to strike these elements from the regulation.
To address this, USDOT has revised the DBE program to be race-neutral, requiring states to recertify or decertify DBE firms under the new guidelines. Until compliance is achieved, DBE requirements are temporarily eliminated, and DBE goals have already been removed from certain pending project bids. This change has sparked varied reactions, with some business groups praising the move toward fairness in contracting, while others express concerns about potential impacts on minority- and women-owned businesses. USDOT is expected to provide further guidance to states to ensure swift implementation of the revised program.
This change has a very high likelihood to impact some NUCA members. The USDOT rule is unclear about current bids and the effect of this change. It is expected that USDOT will have to set up some guidelines to judge the criteria of being disadvantaged and any remaining requirements, such as for partial federal funds. Some state governments have said they will not include DBE requirements in their proposals; others may continue the requirement.
NUCA is studying the IFR and will advise members on any further news about this rule change.
|
|
|
|
|
Senate Confirms New Heads of PHMSA, FHWA
On Sept. 18, the U.S. Senate confirmed Sean McMaster as the 22nd Administrator of the Federal Highway Administration (FHWA) and Paul Roberti as the 6th Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA) in a single en bloc vote of 51-47.
McMaster, a Virginia transportation veteran with stints at Boeing and HNTB, steps into FHWA's top position. McMaster pledged in his July hearing to prioritize safety, accelerate project delivery via NEPA reforms, and support state-local partnerships for roads, bridges, and tunnels—vital for construction firms facing permitting delays.
Roberti, a Rhode Island attorney and Trump first-term PHMSA chief counsel, oversees the nation's 3.3 million miles of pipelines. He vowed in his Senate confirmation hearing to enhance safety for hazardous materials transport. As PHMSA's first confirmed head in four years, Roberti aims to streamline regulations while protecting communities, benefiting pipeline construction and energy infrastructure projects.
These confirmations cap a deliberate push to clear backlogs in FHWA's $50 billion annual grants and PHMSA's oversight of the nation's pipelines. As the administration eyes a multiyear highway bill, McMaster and Roberti are in place to drive permitting reforms, boosting economic growth while navigating environmental delays.
|
|
|
|
OSHA Extends Heat Standard Comment Period
OSHA extended its comment period for their proposed Heat Injury and Illness Prevention standard to Oct. 30, 2025, the agency announced Sept. 17.
The standard mandates acclimatization, rest breaks above an 80-degree heat index and emergency plans. For construction, where workers endure prolonged sun exposure and heavy gear, these measures are vital but too rigid. Uniform heat triggers ignore task intensity, and compliance could raise costs 20% to 30% for contractors facing labor and supply chain woes.
NUCA and other construction coalition partners argue our industry needs tailored language: tiered triggers, incentives for cooling solutions like misting fans and exemptions for short tasks.
OSHA's proposal published Aug. 30 has already drawn 43,000 comments. In late 2023, NUCA and our partners submitted comments on OSHA's original rule, and invite our members to do the same by Oct. 30.
Comment submission details are found here.
|
|
|
|
WRDA Hearing In House Infrastructure Committee
On September 10, the House's Subcommittee on Water Resources and Environment held a hearing on the NUCA-supported Water Resources Development Act (WRDA), the bill used to support infrastructure projects for the U.S. Army Corps of Engineers. The hearing was chaired by subcommittee chairman Rep. Mike Collins (R-GA).
Adam Telle, the Army's assistant secretary for civil works, and Lt. Gen. William Graham, Jr., commanding general of the Corps, both discussed the bill and the various projects underway, and the budgetary restraints faced by the Corps in completing these projects.
Central topics included dredging backlogs at Georgia ports like Savannah and Brunswick, where environmental restrictions and procedural delays hinder operations vital for national trade. The witnesses also discussed streamlining processes to help accelerate project completion. The hearing underscored WRDA's role in safeguarding economic security through resilient waterways and ports.
|
|
|
|
NUCA Legal Committee Guidance Pamphlet On Immigration Enforcement Actions: English and Spanish
With the Trump Administration’s renewed focus on immigration, many industry companies are asking what to expect, and how to respond to a potential Immigration and Customs Enforcement (ICE) audit or enforcement raid on their facilities. To prepare for possible ICE visits or audits, the NUCA Legal Committee has created a free, member-only, five-page guidance pamphlet, "Immigration Enforcement: ICE Audits and Raids – Your Company’s Response."
In this pamphlet, practical steps to handle Form I-9 audits and raids are offered to business owners and jobsite supervisors. Reviewed by expert immigration counsel, this exclusive NUCA benefit can help employers stay prepared and confident in managing their obligations under federal law.
In today's increasingly complex immigration enforcement environment, employers should take proactive steps to prepare their records and jobsite personnel for possible ICE visits. The pamphlet is now available in both English and Spanish language versions.
Download the English version.
Download the Spanish version.
|
|
|
|
Advocacy 2025: Become A Strong Voice For Your Industry
|
|
|
Next NUCA Government Affairs Committee Meeting
The next in-person NUCA Government Affairs Committee meeting has not been scheduled. No in-person committee meetings are scheduled for the Oct. 22-24 Fall Leadership Conference, or for the Feb. 10-13, 2026, NUCA National Convention.
However, Committee members can participate in the monthly online meetings. Please email the Government Affairs office or NUCA's CAO Zack Perconti for more information about these meetings and their logon details at zackp@nuca.com.
NUCA is also in the process of formalizing its State and Local Government Affairs Committee. If you are interested in representing this committee, please contact your Chapter Executive Director, the Committee Chair, Kurt Brna (kurt@byrdunderground.com), and Zack Perconti to learn more. If you are an at-large member and are interested in representing your state, please contact Kurt and Zack directly.
-- o --
Seeking Information on ICE Immigration Actions Affecting Utility Construction
NUCA would be very interested in hearing from members who have experienced since January 2025 any Immigration and Customs Enforcement (ICE) administrative compliance requests or even jobsite raids.
Most of the ICE activity NUCA's governmental affairs office has noted in the media are directed to residential construction jobsites, but we have noted a few domestic manufacturers were also the subject of an enforcement action that was reported to have taken place in the mid-Atlantic area. The significant increase in the July 2025 OBBB legislation for ICE enforcement resources may be a precursor to increased activity in the months ahead.
Please note the section above in this newsletter on the new NUCA guidance pamphlet, "Immigration Enforcement: ICE Audits and Raids – Your Company’s Response." It is available in both English and Spanish.
If you have any information you would like to share, please email NUCA's CAO Zack Perconti at zackp@nuca.com. Anything shared will NUCA staff be kept confidential.
|
|
|
#WeDigAmerica | #NUCA2025
|
|
|
NUCA Thanks Our Many National Partners For Their Generous Support Of NUCA's Washington Summit & Advocacy Programs
|
|
|
Elections and NUCA/PAC: Going Strong Since 1976
|
|
Get involved! NUCA's Political Action Committee, NUCA/PAC, continues to be your strong voice on Capitol Hill - supporting pro-infrastructure policies, and defending your business against harmful laws and regulations that can affect your bottom line.
NUCA/PAC enables the American utility construction industry to approach vital public policy issues by helping to elect like-minded Members of Congress.
Get engaged in the process by authorizing NUCA/PAC to share information with you and your employees. Federal law requires NUCA/PAC to first obtain your written permission to solicit your voluntary contributions.
Please click here for the online NUCA/PAC authorization form. (You will need you NUCA member logon. If you do not have it, please contact NUCA's Lauren Hensley at lauren@nuca.com or 703-358-9300.)
NUCA/PAC was strongly involved in the 2024 election--let's make our industry's PAC the strongest it can be in future election cycles with your help.
|
|
|
NUCA Choice: Our Industry's Choice For Commercial Insurance Coverage
|
|
NUCA Choice delivers to NUCA members commercial insurance options for auto, crime, property, general liability, marine, surety, umbrella and workers' compensation.
NUCA Choice is offered in partnership with FCCI Insurance Group and is offered to all NUCA members where FCCI writes business. Members can also consult with FCCI's local risk control team and use the FCCI Risk Solutions Network, a cloud-based platform to help participants stay compliant, manage risks and educate employees to build a safer workforce.
To find out more about NUCA Choice and how it can help your bottom line in 2026, go to NUCAChoice.com to find a FCCI agent in your area.
|
|
|
|
|
First Session, 119th Congress Schedule
Congress returned to work on Sept. 2. They are scheduled to remain in session until Nov. 7, with only a week long break by the Senate in mid-October. The end-of-the-year legislative sprint will occur from Nov. 17 to Dec. 19. However, the federal government shut down over FY2026 funding on Oct. 1 and has not yet returned to work. This impasse is consuming a large quantity of floor time in both the House and Senate.
NUCA expects that the State Revolving Fund reauthorization legislation will be introduced this fall or early spring, with action taking place alongside the larger surface transportation bill seeking action by Sept. 30, 2026. The House and Senate are looking to at least advance a version of their surface transportation bill out of committee by the end of the year.
NUCA's government affairs program remains committed to our member's needs of providing excellent value for their investment through our many legislative goals for 2025 and into 2026. We are exploring every opportunity the new Congress and Administration presents to NUCA to increase the business success of each of our contractor and supplier members.
The 2025 Congressional calendar can be downloaded from here. The 2026 Congressional calendar will be released around Thanksgiving.
|
|
|
NUCA Official Letters To Congress & Federal Agencies
|
|
September 26, 2025 – NUCA Coalition to House Committee: Revise Sec. 427 of the FY2026 THUD Legislation Banning Speed Cameras in Work Zones
September 23, 2025 – NUCA Coalition to President Trump: Repeal EO14063 Requiring PLAs
September 15, 2025 – NUCA Letter to T&I Committee: NUCA Supports PIPES Act of 2025 (HR 5301)
All formal NUCA correspondence with Congress and federal regulatory agencies can be found and read at nuca.com/comment-letters-2-0.
|
|
|
|
Sign Up For NUCA Muster Advocacy Alerts
|
|
|
Get involved! Did you use our Muster system this month to let Congress know your opinion of their legislative priorities? If you're a NUCA member, your Washington government affairs team wants you to be part of our Capitol Hill advocacy program! NUCA urges you to sign up to receive our Muster advocacy alerts. These emails will alert you to pending legislative action where your opinion can make a difference.
It's easy to sign up via the link below. Use your personal home address if you can do so, since our online Muster advocacy program finds your members of Congress via your voter registration address. But business addresses work just as well to receive our alerts.
I'm a NUCA member and I want to receive NUCA's Advocacy Alerts!
|
|
|
Join NUCA's Government Affairs Committee!
|
|
Get involved! If you enjoy analyzing politics and find the inner workings of Congress and our industry's legislative program interesting or useful to your business, why not take the next step and join NUCA's Government Affairs Committee? Membership is open to all NUCA members, and we welcome the active participation of those seeking to make a difference in their industry, and to help shape NUCA's official policies on legislation.
Help shape the legislative and advocacy program of your association. Contact NUCA's Vice President of Government Affairs Zack Perconti to get started today.
|
|
|
The House's Cannon HOB subsurface
infrastructure being rebuilt, 2019. Photos: AoC.
|
|
| | |
| |
|
|
The Colorado Chapter of NUCA
