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.

ABC and the Coalition for a Democratic Workplace issued letters of support for H.J.Res.203, Rep. Burlison's Congressional Review Act challenge to the NLRB's Representation-Case Procedures Final Rule, which was issued on August 1. If passed, the CRA would nullify the final rule, and the Board would be prohibited from issuing a substantially similar rule in the future. 

The NLRB's Final Rule eliminated common sense measures meant to protect workers' rights during the union representation election process, including:

• Reinstated the Board's "blocking charge" policy, which allows unions to halt representation or decertification elections by alleging the employer has committed unfair labor practices until the charges are resolved;
• Eliminated the 45-day window in which employees could challenge a union's majority support and demand a secret ballot election after their employer has voluntarily recognized the union based on signed authorization cards, or "card check;"
• Rescinded the requirement that unions in the construction industry maintain proof of majority support if they want an exclusive collective bargaining relationships that is resistant to challenge

These policies force employees into unions they may not want and make it more difficult for employees to decertify unions that no longer have support from the workforce, undermining employee free choice.

In February 2023, ABC submitted comments in opposition to the NLRB proposed rule. ABC also signed on to CDW’s comment letter along with 12 other employer organizations. CDW argued that the proposed rulemaking would “negatively affect the Board’s representation case jurisprudence, undermine the agency’s statutory goals and reputation, diminish employee free choice and upset the balance of countervailing interests.” Yet, consistent with NLRB Chair Lauren McFerran’s record, the NLRB disregarded stakeholder feedback and advanced a radical rulemaking that strips employees of their rights in the workplace.

On Sept. 11, the U.S. House Committee on Ways & Means held a markup of the ABC-supported H.R. 9461, the USA Workforce Investment Act.

By establishing a new federal tax credit encouraging donations for community-based apprenticeship, career and technical education, workforce development and educational preparedness programs, Rep. Lloyd Smucker’s USA Workforce Investment Act will help address the skilled worker shortage and grow the construction talent pool.

On September 11, the House Committee on Natural Resources held a legislative hearing on NEPA legislation including Rep. Westerman’s discussion draft, H.J. Res. 168 and H.R. 6129.  ABC sent a letter to the committee ahead of the hearing highlighting how the Biden-Harris administration's Council on Environmental Quality NEPA Phase 1 and Phase 2 final rules are making it more difficult to build important projects, marking a major step backward for critical infrastructure, the construction industry and America’s economic future. In the letter, ABC called on the Committee to advance Rep. Westerman’s discussion draft, H.J. Res. 168 and H.R.6129, which promote a coordinated, predictable and transparent process to streamline permitting.

On September 11, the House Committee on Transportation and Infrastructure's Subcommittee Water Resources and Environment held a hearing to examine Waters of the United States Implementation Post-Sackett Decision: Experiences and Perspectives. ABC sent a letter ahead of the hearing calling out the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers for not providing the regulated community with sufficient guidance regarding their interpretation of the August 2023 WOTUS rule. In the letter, ABC urged the EPA and the Army Corps to fully comply with the Sackett decision and provide the regulated community with a clear, concise definition of WOTUS necessary to inform them of how to comply with the law while also serving as good stewards of the environment, as they did prior to the Biden-Harris administration’s shortsighted reversal of President Donald Trump’s WOTUS policies

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 Sept. 10, the House Committee on Education and the Workforce Subcommittee on Health, Employment, Labor and Pensions held a hearing titled, “ERISA’s 50th Anniversary: The Value of Employer-Sponsored Health Benefits.” Ahead of the hearing, ABC sent a letter to the subcommittee calling on Congress to reinforce the Employee Retirement Income Security Act, a critical safeguard of uniform employer-sponsored health programs across multiple states.

The Employee Retirement Income Security Act was enacted to encourage employee health benefit plans and promote uniformity in those plans across state lines. ERISA applies to all employer-sponsored plans, whether self-insured and fully insured, and is critical in allowing multistate employers to develop plans with uniform design and administration of benefits.

On May 23, President Joe Biden nominated National Labor Relations Board Chair Lauren McFerran to serve a third term, threatening Democratic control of the Board through August 2026, regardless of who wins the presidency in November. McFerran’s tenure has been the subject of congressional hearings and oversight letters as well as numerous press reports and editorials highlighting the agency’s failures. In addition, an Office of the Inspector General report found that the Board was operating under “gross mismanagement.”

On July 25, ABC and the ABC-led Coalition for a Democratic Workplace sent letters to the committee expressing concerns over McFerran’s nomination.

Under McFerran’s leadership, the NLRB has issued decisions and expanded interpretations of the National Labor Relations Act that have been rejected by the business community, Congress, and federal courts, including the Board’s joint employer standard and its revived controversial policies through its Representation-Case Procedures final rule.

Senate Health, Education, Labor and Pensions Committee Chairman Bernie Sanders has opted to proceed to a markup of McFerran’s renomination without a formal confirmation hearing, allowing her record to go unchecked and unquestioned by committee members.

On July 24, ABC sent a letter to the U.S. House Committee on Transportation and Infrastructure’s Subcommittee on Highways and Transit in regard to their hearing on “Examining the Department of Transportation’s Regulatory and Administrative Agenda." ABC expressed concern with Secretary Buttigieg's role in promoting the Biden-Harris administration’s sweeping environmental and labor initiatives rather than prioritizing efficient and economical infrastructure improvements. Specifically, the DOT has advanced a number of stipulations on taxpayer funded infrastructure projects.

On July 10, the U.S. House Committee on Oversight and Accountability held a hearing to analyze actions taken by the U.S. Environmental Protection Agency. In a letter to the committee, ABC expressed concern with EPA and U.S. Army Corps of Engineers final rule regarding amendments to the definition of “waters of the United States” subject to Clean Water Act regulation aimed at bringing their original January 2023 WOTUS rule into compliance with the U.S. Supreme Court’s May 25, 2023, decision in Sackett v. Environmental Protection Agency. ABC noted that the revised rule fails to fully implement the court’s opinion specifically on the definition of “relatively permanent” waters and that it will likely result in continued litigation, regulatory uncertainty and confusion in the business community surrounding WOTUS.

On Aug. 29, the EPA and Corps issued the final rule making adjustments to WOTUS, including:

• Removing the “significant nexus” test entirely
• Removing the “interstate wetland” category
• Adjusting the definition of “adjacent waters” to mean “having a continuous surface connection”

ABC issued a press release criticizing the new rule and urging full compliance with the SCOTUS decision.