On Sept. 19, the U.S. House Committee on Small Business held a hearing titled, “Holding the SBA Accountable: Testimony from Small Business Administrator Guzman.” Ahead of the hearing, ABC sent a letter to the committee urging Administrator Guzman to consider the SBA’s Office of Advocacy as the Biden-Harris administration continues to implement harmful regulations that effect small businesses. In 2023, the National Federation for Independent Business produced a study of rules and found 28 instances where they cited agencies for a lack of compliance with the Regulatory Flexibility Act, which was specifically designed to protect small businesses from the disproportionate effects regulations can have on their work.

You can view the full committee hearing here.

On Sept. 10, the House Committee on Small Business held a full committee markup on several pieces of legislation that strengthen the Regulatory Flexibility Act and protect small businesses from harmful regulations. Ahead of the hearing, ABC sent a letter to the committee expressing support for the below bills and advocated for small business input throughout the rulemaking process.

• H.R. 9085, the Regulatory Review Improvement Act of 2024, makes modifications to how agencies conduct periodic reviews of agency rules.
• H.R. 7198, the Prove It Act of 2024, increases small business input in the regulatory process and ensures agencies are fully accounting for the impact of regulations on small businesses.
• H.R. 9031, the Assurance for Small Business Act of 2024, requires federal agency heads to submit a report on the implementation of the Regulatory Flexibility Act.
• H.R. 9032, the Enhanced Regulatory Flexibility Assessment Act, makes it mandatory for agencies to conduct studies and issue reports on the effects of new rules on small businesses.
• H.R. 9030, the Regulatory Agenda Clarity Act, requires federal agencies to fully disclose how their regulations would impact small businesses and entrepreneurs.
• H.R. 8033, the Regulatory Transparency for Small Business Act, forces federal agencies to identify an approximate number of small entities that will be affected by new regulations, the cost per small entity and the data used to make that determination.
• H.R. 9033, the LABOR Act of 2024, requires regulatory flexibility analysis from the U.S. Department of Labor.

In defense of H.R. 7198, and small businesses in general, Rep. Pete Stauber, R-Minn., said the legislation was “vital to reducing regulatory burdens and ensuring agencies consider the needs of small businesses when implementing new rules.” He went on to note that, “not one small business has said they need more regulations and this administration has put our over 700 regulations, punishing America’s small businesses.”

The aforementioned bills were all reported favorably by the committee and now await a full House vote.

On July 10, the U.S. House Committee on Small Business held a hearing titled, “"Main Street Realities: Examining the Current Economic Landscape in America.” Ahead of the hearing, ABC sent a letter to the committee expressing concerns with the numerous regulations that generate substantial burdens for America’s small businesses and loopholes in the Regulatory Flexibility Act that federal agencies use to implement these regulations at the expense of America’s small business community.

Specifically, ABC noted the impact of the U.S. Department of Labor’s final rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act, as well as the final rule changing overtime regulations under the Fair Labor Standards Act.

Leading up to the hearing, ABC’s Chief Economist Anirban Basu spoke with committee staff to discuss the challenges facing small business contractors.

On May 22, the U.S. House Committee on Small Business held a hearing titled, “Burdensome Regulations: Examining the Biden Administration’s Failure to Consider Small Businesses.” Prior to the hearing, ABC sent a letter detailing concerns with the Biden administration’s rulemakings that disregard small businesses, diminish their ability to compete and undermine their integral role in building America’s infrastructure. The letter specifically highlighted the U.S. Department of Labor’s final rules on overtime and Employee or Independent Contractor Classification Under the Fair Labor Standards Act, as well as the Federal Acquisition Regulatory Council’s final rule on the Use of Project Labor Agreements for Federal Construction Projects.

You can watch the full hearing on the committee’s YouTube channel.

On May 8, the U.S. House Committee on Small Business held a hearing titled, “Stifling Innovation: Examining the Impacts of Regulatory Burdens on Small Businesses in Healthcare.” Prior to the hearing, ABC sent a letter calling on Congress to provide compliance relief for employers by streamlining reporting requirements brought on by the Affordable Care Act.

ABC also highlighted its work with the Partnership for Employer-Sponsored Coverage that has laid out principles and priorities that are critical to ensuring employment-based health insurance thrives.

You can watch the full committee meeting here.

On Feb. 15, the U.S. House Committee on Small Business Subcommittee on Contracting and Infrastructure held a hearing titled “Leveling the Playing Field: Challenges Facing Small Business Contracting.” ABC sent a letter detailing the significant hurdles small businesses face while competing for federal construction projects, specifically through the Biden administration’s implementation of government mandated project labor agreements and a new Independent Contractor Classification standard. Cited in the letter was ABC’s Construction Backlog Indicator that declined to 8.4 months in January, according to an ABC member survey conducted from Jan. 22 to Feb. In addition, the National Federation of Independent Business’ recent study showed that owners who expect higher real sales volumes fell 12% last month and a larger share of small business owners reported lower earnings over the last three months.

You can view the full hearing here.

On Feb. 1, ABC joined a letter to members of the U.S. House of Representatives’ Committees on Small Business and of the Judiciary supporting reform in implementation of the Regulatory Flexibility Act. You can find a link to the coalition letter here. The letter urges legislative action to strengthen the meaningful input of small businesses in federal regulatory processes and ensure that the intent of the Regulatory Flexibility Act is fulfilled. The Regulatory Flexibility Act (RFA) encourages federal regulatory agencies to consider negative impacts of new mandates in an effort to prevent excessive red tape on small businesses.

Loopholes in the RFA allow federal regulators to bypass the law's requirements and misrepresent costs of new mandates.

On Dec. 13, ABC sent a letter to the House Committee on Education and the Workforce prior to its markup of key bills impacting the construction industry.

The letter highlights ABC’s support for H.R. 6655, the bipartisan A Stronger Workforce for America Act, which would reauthorize the Workforce Innovation and Opportunity Act for the first time since 2014 and includes several ABC-backed provisions that support an all-of-the-above approach to workforce development, ensures more dollars for tangible worker programs, better aligns programs with in-demand jobs, and allows for better evaluation of WIOA programs. ABC also supported the committee’s markup of H.J. Res. 98, a Congressional Review Act resolution to overturn the Biden administrations harmful joint employer final rule, and H.R. 3400, the Small Business Before Bureaucrats Act, to modernize the National Labor Relations Board’s decades old jurisdictional standards to exempt more small businesses from their regulatory overreach. ABC’s letter also expresses concerns with H.R. 6585, the Bipartisan Workforce Pell Act, which, while seeking to expand Pell Grants to high-quality, short-term workforce programs, could exclude some vital construction workforce education and upskilling programs.

ABC also joined with the Coalition for a Democratic Workplace to comment on the Subcommittee on Health, Education, Labor, and Pensions hearing. The hearing examined the ABC-supported Employee Rights Act (H.R. 2700), Modern Worker Empowerment Act (H.R. 5513), and Save Local Business Act (H.R. 2826), which are designed to protect workers, entrepreneurs, small businesses, and the economy from a rogue National Labor Relations Board.

With the Corporate Transparency Act’s new reporting requirements set to take effect beginning January 1, ABC joined a letter signed by more than 80 trade associations calling on Congress to enact the Protecting Small Business Information Act of 2023 (H.R. 4035). Authored by House Financial Services Committee Chairman Patrick McHenry, the legislation would delay implementation of the CTA until Treasury finishes the necessary rulemaking process, giving affected businesses much-needed relief from the poorly conceived and drafted rules.

The CTA will subject tens of millions of small businesses and other entities to increased paperwork, compliance costs, privacy risks, substantial fines, and even jail.

Congressman Lloyd Smucker, R-Pa., introduced the Main Street Tax Certainty Act, H.R. 4721, legislation which would permanently extend Section 199A of the Internal Revenue Code, which is slated to expire in 2025. Smucker’s bipartisan legislation is cosponsored by 99 Members, including two Democrats, and is supported by all Republican Members of the Ways & Means Committee.

Section 199A, which was adopted as part of the landmark 2017 Tax Cuts and Jobs Act, allows for a 20 percent deduction of qualified income for pass-through businesses. Most small business are structured as a pass-through and this section was included in the Tax Cuts and Jobs Act to promote equity in America’s tax code between small businesses on main street with larger corporations.

ABC joined over 160 organizations in support of the legislation, and also supported mirror legislation in the Senate introduced by Sen. Steve Daines, R-Mont. Earlier this year.