NRCA played offense and defense in Washington, D.C., this year, advocating legislative
and regulatory changes that would benefit the roofing industry while working to
stop bad legislation and regulations. NRCA's Washington, D.C., office used direct
and grassroots lobbying to accomplish its goals, supplemented by the growing strength
of NRCA's political action committee, ROOFPAC. And regarding one major issue—immigration—NRCA
also used the court system.
On June 26, 2008, NRCA notched a legislative victory when the U.S. Senate defeated
the Employee Free Choice Act, which would have dramatically changed the National
Labor Relations Act by replacing secret ballots with a postcard or "card check"
system that would require workers to declare in the open their support for or opposition
to forming a union. Unfortunately, NRCA and the Essential Worker Immigration Coalition,
which the association co-chairs, suffered a defeat on June 28, 2007, when comprehensive
immigration reform legislation was defeated in the Senate.
On Aug. 10, 2007, the U.S. Department of Homeland Security (DHS) carried through
on its promise to issue new regulations dictating how employers must respond to
Social Security Administration (SSA) "no-match" letters, which SSA issues when W-2
forms do not match its records. But on Oct. 10, 2007, the U.S. District Court for
the Northern District of California sided with NRCA and other plaintiffs and issued
an injunction barring the new regulations. On March 26, 2008, DHS published supplemental
(revised) regulations in an attempt to remedy the judge's concerns; but on April
25, 2008, NRCA submitted comments to DHS pointing out the revised rule is virtually
the same as the one rejected by the judge and the agency has not complied with requirements
that it must follow when promulgating regulations.
NRCA also became a plaintiff in litigation against enforcement-only immigration
legislation aimed solely at employers that went into effect Jan. 1, 2008, in Arizona.
On Feb. 7, a federal judge ruled against NRCA and construction contractors seeking
to halt the state law. However, the Arizona ruling is being appealed and is at odds
with other rulings throughout the U.S. that have found in favor of those arguing
that federal immigration law pre-empts state and local laws.
In addition to lobbying and litigation, NRCA used the media to leverage its visibility
regarding immigration issues. In August 2007, former Director of Federal Affairs
Craig Silvertooth, who recently became executive director of the Center for Environmental
Innovation in Roofing, participated in a debate about DHS no-match regulations on
PBS's "The News Hour with Jim Lehrer." On Oct. 2, NRCA Vice President of Government
Relations Craig Brightup was interviewed for a story about the no-match regulations
for Washington radio station WMAL's "The Grandy and Andy Morning Show," hosted by
former Rep. Fred Grandy (R-Iowa) and Andy Parks.
NRCA held its Fall Committee Meetings and Legislative Conference Oct. 16-19, 2007,
at the Washington Court Hotel in Washington, D.C. Highlights included a tour of
the U.S. Department of Energy's Solar Decathlon exhibit and a White House briefing.
Also, a lunch hosted by the Political Insiders Council (PIC), ROOFPAC's major donor
program, featured Sen. Kay Bailey Hutchison (R-Texas), Sen. John Barrasso (R-Wy.)
and Assistant Secretary of Labor for Occupational Safety and Health Edwin Foulke
Jr.
NRCA members attending the conference visited their elected officials on Capitol
Hill and urged comprehensive immigration reform, repeal of the 3 percent withholding
tax on payments to government contractors beginning 2011, and introduction of the
Roofing Energy Efficiency Tax Act of 2007 (REETA).
On Nov. 8, 2007, REETA was introduced as HR 4126 by Rep. Bill Pascrell Jr. (D-N.J.)
and Rep. Ron Lewis (R-Ky.). REETA would amend section 168 of the Internal Revenue
Code by shortening the current unrealistic 39-year tax depreciation schedule for
commercial roof systems to 20 years. The shorter schedule would apply only to systems
that meet energy-efficiency requirements of ASHRAE 90.1, "Energy Standard for Buildings
Except Low-Rise Residential Buildings." As of May 2008, REETA had 17 bipartisan
co-sponsors.
In February 2008, NRCA President Bob Daly testified before the House Small Business
Committee in support of strengthening the Paperwork Reduction Act. Also in February,
NRCA Government Relations Committee Chairman Bob Kulp was appointed to the Small
Business Administration's (SBA's) Regulatory Fairness Board for Region V. In March,
NRCA Executive Vice President Bill Good and Brightup submitted written comments,
and Brightup presented oral testimony, regarding DHS no-match regulations to SBA's
National Regulatory Fairness Board hearing in Washington, D.C.
The second PIC Fly-in took place in Washington, D.C., May 20-22, 2008. A series
of high-level meetings were held with key House and Senate members, and NRCA Senior
Vice President Robert Therrien Jr. hosted a lunch for Sen. John Sununu (R-N.H.).
PIC members contribute $5,000 annually to ROOFPAC, the maximum allowable by law,
and the program had 24 members by May. Their support and the participation of hundreds
of NRCA members in the Las Vegas convention's sporting events and auction put ROOFPAC
on track to reach its goal of raising $500,000 for the 2008 elections, which would
be by far the highest total for ROOFPAC since its inception in 1990.