Tile Roofing Industry Government Relations Update: Tariffs, Labor Rules & Policy Changes (February 2026)

Tile Roofing Industry Alliance Lobbyist, Craig Brightup, has provided the latest government relations update and activities on the following from February 2026:

DHS Shutdown
Eleven of the twelve appropriations bills for FY26 have been enacted through Sept. 30, but Senate Democrats balked at funding the Dept. of Homeland Security over issues concerning Immigration and Customs Enforcement (ICE).  Consequently, a DHS shutdown has been in effect since Feb. 13 which impacts the Coast Guard, FEMA, TSA, Secret Service, and cybersecurity teams.  Ironically, ICE and Border Patrol are not impacted by the shutdown due to $75B in funding from the One Big Beautiful Bill Act.
 
TRIA DC Fly-In
Plans are underway for TRIA’s Fly-In taking place April 13-16 in conjunction with Roofing Day in DC.  The TRIA Team numbers 12 and meetings on Capitol Hill and at the National Association of Home Builders are being finalized.
 
Tariffs
On Feb. 20, the Supreme Court of the United States (SCOTUS) issued a 6-3 decision that President Trump’s tariffs using the International Emergency Economic Powers Act (IEEPA) are not legal.  In response, President Trump supplanted the IEEPA tariffs with 10% - 15% tariffs under Sec. 122 of the Trade Act of 1974 which are limited to 150 days unless extended by Congress (which won’t happen).  Thus, Sec. 301 of the Trade Act of 1974 and Sec. 232 of the Trade Expansion Act of 1962 will be used more extensively, and possibly Sec. 338 of the Tariff Act of 1930:    
 

• The Trade Act of 1974, Sec. 122, empowers the President to impose tariffs of up to 15% to address balance-of-payment issues, but only for 150 days unless extended by Congress. 
• The Trade Act of 1974, Sec. 301, and Trade Expansion Act of 1962, Sec. 232, have been used in President Trump’s first and second terms for tariffs but the U.S. Trade Representative must investigate before Sec. 301 tariffs can be imposed, and the Dept. of Commerce must do the same for Sec. 232 tariffs (steel, aluminum, copper), and the process for both can take many months to complete.
• The Tariff Act of 1930, Sec. 338, gives the President discretion for tariffs up to 50% when a foreign country has taken actions that disadvantage U.S. commerce, but the statute has been mostly unused and never been subject to legal challenge.

 
Finally, with the SCOTUS decision silent on the issue of IEEPA tariff refunds, there have already been high-profile company lawsuits filed with the U.S. Court of International Trade.  However, payment of such refunds could take a very long time. 
 
NLRB Joint-Employer Rule
On Feb. 26, the National Labor Relations Board withdrew a Biden-era joint-employer rule and reinstated a 2020 rule from the first Trump Administration that establishes when a company is deemed a joint employer under federal labor law.
 
DOL Independent Contractor Rule
On Feb. 25, the Dept. of Labor released a proposed rulemaking to rescind the Biden Administration’s independent contractor regulation and replace it with the regulation issued at the end of the first Trump Administration.
 
EPA Rescinds GHG Endangerment Finding
On Feb. 12, the Environmental Protection Agency revoked a 2009 endangerment finding that determined carbon dioxide and other greenhouse gases threaten public health and welfare, forming the legal basis for nearly all climate regulations under the Clean Air Act for motor vehicles, power plants, and other sources.  However, this EPA action only applies to auto emissions and fuel economy standards for now.


For more information on the TRIA Alliance and our Government Relations efforts, please visit our website at www.tileroofing.org.