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The Prove It Act is legislation meant to bolster small-business protections required under the RFA. On March 21, the House Judiciary Committee favorably passed the bipartisan Prove It Act, which requires federal agencies to take into consideration the costs placed on small businesses through their regulations. Introduced by Congresswoman Yadira Caraveo, M.D. (D-08-Colo.), Congressman Brad Finstad (R-01-Minn.), and Congressman Nathaniel Moran (R-01-Texas), the legislation strengthens small-business protections established in the Regulatory Flexibility Act, including ensuring small businesses can easily access pre-existing documents for guidance online and create a way for small businesses to directly raise questions or concerns with their regulators. Alongside NSBA, the Prove It Act is supported by a number of small-business advocacy groups, including the: Job Creators Network, U.S. Chamber of Commerce, National Federation of Independent Business, the Independent Community Bankers Association, National Association of Insurance and Financial Advisors, International Franchise Association, and Owner-Operator Independent Drivers Association, to name a few. Follow NSBA as we continue tracking progress of this legislation through the House and Congress.

Shutdowns harm small businesses. NSBA applauds Congress for reaching a funding compromise. On Saturday, March 23, President Joe Biden signed a $1.2 trillion spending package a mere hours before a partial government shutdown. Although leaders on both sides of the aisle in both chambers celebrated the spending package agreement, before a compromise could be reached, gridlock on several hard line items, like border security spending, required passage of several short-term bills to keep the agencies funded. NSBA applauds Congress for reaching a compromise on spending, as shuttered agencies and shutdowns harm small business, including small-business owners’ access to resources provided by critical federal agencies.

NSBA commends Congress for progressing legislation to block unnecessarily burdensome worker classification regulations. FOR IMMEDIATE RELEASE Friday, March 22, 2024 CONTACT | Molly Day 202-552-2904 mday@nsba.biz Washington, D.C. – This week, the House Committee on Education and the Workforce passed a bill out of committee that would repeal changes to the threshold and standard for qualifying workers as Independent Contractors. Below is a statement from NSBA President and CEO Todd McCracken. "The National Small Business Association commends Congress for progressing legislation to block unnecessarily burdensome worker classification regulations that would jeopardize millions of jobs and businesses. This move would not only safeguard the autonomy of small businesses but also preserve the flexibility vital for their growth and innovation in today's dynamic economy." Read more from NSBA on the latest from worker classification standards. Celebrating more than 85 years in operation, NSBA is a staunchly nonpartisan organization advocating on behalf of America’s entrepreneurs. NSBA's 65,000 members represent every state and every industry in the U.S. Please visit www.nsba.biz or follow us at @NSBAAdvocate ###

Shutdowns harm small business. MARCH 20 |  Congress is facing yet another shutdown, with the latest looming deadline of Friday fast approaching. Speaker Mike Johnson (R-La.) said he expects new text for the most recent edition of the funding bill to be released as soon as this afternoon, including six spending bills providing solvency to several agencies, like the Dept. of Defense, as well as the Dept. of Veterans Affairs. With procedural issues magnifying limited time before Friday’s deadline, Speaker Johnson attributed delay of passage to issues with funding for the Dept. of Homeland Security and its relation to immigration concerns. The House has a rule requiring 72 hours for Membrs of Congress to review legislation before voting, and the Senate cloture rule is intended to provide similar time for deliberations; however, this means a vote may not happen until the end of the week or weekend, increasing the chances of a shutdown. Both chambers are able to waive these procedural provisions, but the provisions’ purposes for review are a hard line for a number of Members of Congress. Follow NSBA as we continue tracking progress of passage of this spending bill package.

Contracting 101 - the fourth installment of our Service to Success webinar series! On Wednesday, March 13, 2024, the NSBA Veterans’ Network hosted “Service to Success: Contracting 101.” The webinar discusses the first steps toward becoming a successful contractor in the public & private sectors. Led by Keith King of NVBDC, Shauna Weatherly of FedSubK, LLC; and Bill Belknap of AEONRG, “Contracting 101” is the fourth installment of the Service to Success webinar series. To learn more, please visit: nsba.biz/veteransnetwork 00:00 | Webinar Welcome and Introductions 14:27 | Where to Start: SAM.gov Registration 16:28 | Applying for Certification Through the SBA 17:06 | Do I Have to Pay to Register for SAM.gov? NO! 20:14 | Getting Registered for Commercial Supplier Diversity Opportunities 25:36 | How Do I Bid on my First Contract? 27:06 | Key Resource: SAM.gov Databank 30:24 | Navigating the Catch-22 of “Past Performance” 33:19 | Establishing Performance in the Private Sector as a Subcontractor 37:16 | Importance of a Capability Statement in the Private Sector 38:06 | Getting to Know Potential Buyers, Primes, and Clients in the Corporate World 42:05 | Best Practices for Networking with Federal Procurement Officials 45:33 | Why Isn’t My Procurement Official Getting Back to Me? 46:56 | I Didn’t Win the Bid. How Do I Receive Feedback from the Buyer? 49:11 | Where to go for Guidance on Federal Bids 50:50 | Pro Tip: Spellcheck! 53:35 | Taking Advantage of Additional Free Resources

Follow NSBA as we continue tracking changes to the NLRB’s joint-employer rule. This month, a U.S. District Court for the Eastern District of Texas blocked a rule from the National Labor Relations Board (NLRB) that changed the way joint-employer status is determined. In its decision to block this rule, the court reinstated an NLRB rule from 2020 that protects businesses from undue liability for employees not under their direct control. RELATED | NEWS | House Panel Moves Resolution to Block NLRB Joint Employer Rule According to the Texas district court’s current ruling: control for franchisees is reestablished after the NLRB changed the elements involved in evaluating a joint-employe relationship in Oct. 2023, as well as how unions would be able to organize. NSBA has been closely following developments of the NLRB’s joint-employer rule and its many changes over the last two years. RELATED | NEWS | Voice Your Support for Changes to DOL Standard

Owners and employers should have the flexibility to choose options best for their small businesses. This month, NSBA joined more than 80 organizations in support of H.R. 7367, the Overtime Pay Flexibility Act, which prohibits the Department of Labor (DOL) from finalizing, implementing, or enforcing its proposed rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees.” Joining the Partnership to Protect Workplace Opportunity (PPWO), NSBA urges Congress to pass H.R. 7367, which would prevent the DOL from reclassifying millions of employees from salaried to hourly workers. RELATED | NEWS | DOL Proposes New Overtime Rules NSBA has long believed that employers and employees are best served by a system promoting maximum flexibility in structuring employees’ hours, career advancement opportunities and clarity for employers when it comes to their employees’ classifications, rather than be rushed into compliance for regulations that were just changed less than three years ago. For some context, to comply with DOL’s expected new overtime regulations, employers will be obligated to monitor non-exempt employees’ worktime, but that may not be compatible with  new and growing workforce and work-from-home dynamics. Consequently, changes to the white-collar exemptions may leave many workers unable to enjoy the part-time or remote work that many people have come to enjoy since COVID. RELATED | NEWS | NSBA Signs Letter Opposing Rushed Overtime Regulation Changes NSBA urges Congress to hold the DOL accountable and abandon or postpone enactment of the rule until the current economic situation stabilizes and improves.  This extra time will allow the American workforce, employer community, and DOL itself to more fully understand how the pandemic has shifted the paradigm of work in America. Read the entire letter here, review NSBA's letters-comments-testimony submissions here, and follow NSBA as we continue advocating for commonsense policy to serve the small-business community.

"...the Eleventh Circuit...can now affirm the ruling we obtained from the Northern District of Alabama that the CTA is unconstitutional." NSBA’s legal team is arguing our case against Treasury over the Corporate Transparency Act, and we've just been handed our first victory in this long fight. Watch our member briefing on the ruling, read our response to FinCEN's response, our response to the appeal by the DOJ, and learn more about NSBA's efforts to protect small-business from cumbersome regulations here

“The federal government had no choice but to appeal. We are glad that it did...." FOR IMMEDIATE RELEASE Tuesday, March 12, 2024 CONTACT | Molly Day 202-552-2904 mday@nsba.biz Washington, D.C. – The U.S. Department of Justice and Treasury Department's Financial Crimes Enforcement Network has formally appealed the U.S. District Court of Northern Alabama’s ruling in favor of NSBA’s lawsuit to strike down the Corporate Transparency Act (CTA). Below is a statement from NSBA President and CEO Todd McCracken. “The federal government had no choice but to appeal. We are glad that it did, so that the Eleventh Circuit, which also has jurisdiction over Georgia and Florida, can now affirm the ruling we obtained from the Northern District of Alabama that the CTA is unconstitutional. “Not only does the CTA fall far short of its laudable goal of stemming money laundering, it places the onus for policing illicit business on law-abiding small businesses and poses a significant risk when it comes to data security. “If Congress does not repeal the CTA, eventually the Supreme Court will need to address this issue as well and strike down the statute for the entire United States. “Unfortunately, until that happens, FinCEN has declared “full speed ahead” on compliance for all but the plaintiffs in the case. When coupled with the fact that FinCEN put virtually no effort into informing the public about the obligations of small businesses under the CTA, FinCEN’s unwillingness to suspend enforcement shows a clear disregard of America’s small-business owners. “FinCEN should immediately reverse course and suspend enforcement of the CTA for all until these issues are finally decided.” Please click here to read the appeal. Celebrating more than 85 years in operation, NSBA is a staunchly nonpartisan organization advocating on behalf of America’s entrepreneurs. NSBA's 65,000 members represent every state and every industry in the U.S. Please visit www.nsba.biz or follow us at @NSBAAdvocate ###

"...calling focus to entrepreneurship and the ability for Americans to start, run and grow their own business is certainly welcome." FOR IMMEDIATE RELEASE | March 7, 2024 CONTACT | Molly Day 202-552-2904 | press@nsba.biz Washington, D.C. – President Joe Biden delivered his official State of the Union Address last night where he highlighted his administration’s efforts on Below is a statement from NSBA President and CEO Todd McCracken: “I applaud President Biden’s emphasis on the economy and the critical role small business plays in it. The President called every American small business “…a literal act of hope,” a truth that every entrepreneur in the nation understands And while he gave unions more credit for building America than he did small business keeping our communities thriving, his calling focus to entrepreneurship and the ability for Americans to start, run and grow their own business is certainly welcome. “President Biden also highlighted the importance of a fair tax system, and I couldn’t agree more. One of the biggest burdens small businesses face when it comes to federal taxes is complexity. The ever-growing web of tax sunsets and expirations makes navigating federal taxes nearly impossible to navigate. “It is critical that policymakers understand the differences between small and large business. I urge the administration and lawmakers to seek small-business input on any kind of new regulation or policy that will impact small business. Furthermore, I urge all policymakers to take action to solve the biggest issues facing our members: repeal and delay the Corporate Transparency Act; pass legislation to extend the tax cuts that will end next year for the majority of small businesses; and avoid government shutdowns which harm countless small businesses. “I look forward to continuing our work with the Biden administration in providing insight and perspective from America’s small businesses as policymakers move forward on these important topics.” Please click here for more on NSBA’s priorities for policymakers in Washington, D.C. Celebrating 85 years in operation, NSBA is a staunchly nonpartisan organization advocating on behalf of America’s entrepreneurs. NSBA's 65,000 members represent every state and every industry in the U.S., and we are proud to be the nation’s first small-business advocacy organization. Please visit www.nsba.biz or follow us at @NSBAAdvocate. ####

Shutdowns harm small business. Follow NSBA as we track the progress of this funding legislation through consideration in the Senate and signature into law. This week, the House of Representatives passed a compromise appropriations “minibus” bill 339-85, which will keep parts of the government funded through the remainder of fiscal year 2024. This bipartisan, bicameral package encompasses six appropriations bills: Agriculture, Rural Development, FDA, and Related Agencies; Commerce, Justice, Science, and Related Agencies; Energy and Water Development; Interior, Environment, and Related Agencies; Military Construction, Veterans Affairs, and Related Agencies; and Transportation, Housing and Urban Development, and Related Agencies. Both Democrats and Republicans have found things to celebrate in the compromise, with House Appropriations Committee Chair Kay Granger (R-Tex.) announcing the package allows them to, “…achieve what we set out to do: strategically increase defense spending and make targeted cuts to wasteful non-defense programs.” Her Senate counterpart, Senator Patty Murray (D-Wa.) specifically highlighted funding for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and went on to say: “Democrats fought hard to protect investments that matter to working people everywhere and help keep our economy strong—rejecting devastating cuts to housing, nutrition assistance, and more.” Now that the House has passed the package, it moves to the Senate for speedy consideration before funding for the covered agencies expires on Friday, March 8th. Unfortunately, as it was designed to follow the funding deadlines of the bifurcated Continuing Resolutions (CRs) that have been used to avert shutdowns since last year, this roughly $470 billion compromise only funds part of the government. Many federal agencies—including the Small Business Administration (SBA)—will have to wait at least until the House returns next week to see their funding continued using a separate legislative vehicle. NSBA is carefully monitoring the situation and will continue to provide updates as they become available.

“FinCEN should immediately reverse course and suspend enforcement of the CTA for all until these issues are finally resolved.” FOR IMMEDIATE RELEASE Tuesday, March 5, 2024 Contact: Molly Day | 202-552-2904 | mday@nsba.biz Washington, D.C. – The U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) announced last night that they would ONLY follow the U.S. District Court’s ruling in favor of NSBA’s lawsuit to strike down the Corporate Transparency Act (CTA) specifically for NSBA members. This decision means all other small-business owners across the country will continue to face uncertainty, significant regulatory burdens and potentially crippling penalties because of the CTA. Below is a statement from NSBA President and CEO Todd McCracken. “FinCEN continues to demonstrate its disregard for the small-business community and complete tone deafness to the significant burdens and regulatory confusion the CTA places on law-abiding business owners throughout the country. “A federal court has declared the CTA unconstitutional.  Rather than suspend enforcement of the CTA for all, FinCEN has declared “full speed ahead” on compliance for all but the plaintiffs in the case. When coupled with the fact that FinCEN put virtually no effort into informing the public about the obligations of small businesses under the CTA, FinCEN’s unwillingness to suspend enforcement shows a clear disregard of America’s small-business owners. “FinCEN should immediately reverse course and suspend enforcement of the CTA for all until these issues are finally resolved.” Please click here to read the ruling. Celebrating more than 85 years in operation, NSBA is a staunchly nonpartisan organization advocating on behalf of America’s entrepreneurs. NSBA's 65,000 members represent every state and every industry in the U.S. Please visit www.nsba.biz or follow us at @NSBAAdvocate. ###