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Decisions from other court cases are impacting how the SBA is able to process 8(a) applications. On Sept. 29, the U.S. Small Business Administration (SBA) reopened applications for its 8(a) Business Development Program (8(a) Program). Supporting small-business opportunities for more than 50 years, the 8(a) Program is dedicated to making contracting with the U.S. government more accessible for small businesses.  Recently shuttered by an injunction that has since become narrowed, the SBA has resumed acceptance of these critical applications for small-business owners providing critical products and services to advance agency missions. Although 8(a) Program application submissions are resumed, the SBA is still waiting for a final ruling on the previous injunction matter stemming from a ruling in another case on how certain demographics factors may be considered for certain applications and admissions. NSBA commends the SBA for working to create as many opportunities for small business as possible.  Follow us as we continue tracking developments for the 8(a) Program.

FOR IMMEDIATE RELEASE Sept. 27, 2023 Contact: Molly Day 202-552-2904 mday@nsba.biz A Government Shutdown Harms Small Business Washington, D.C. – The National Small Business Association (NSBA) is urging lawmakers to avoid the political theatrics behind a government shutdown which could spell disaster for America’s smallest businesses. Millions of small businesses do business directly with the federal government and a shutdown would mean they won’t get paid—regardless of what services and goods they’ve already supplied. Furthermore, government shutdowns have historically succeeded in only two things: weakening the U.S. economy and confidence in our elected officials. Below is a statement from NSBA President and CEO Todd McCracken. “While Members of Congress and their staff will, in all likelihood, continue to get paid, millions of small-business federal contractors and subcontractors will be impacted by contract delays, stoppages and cancellations. The trickle-down effects cannot be understated: every business in their supply chain, their employees and their families WILL feel the pinch of a government shutdown – they always do. “If lawmakers fail to keep the government running, they should, at a minimum, support measures similar to those extended to federal employees to “make whole” any federal contractor impacted by a shutdown. “Small-business programs, such as those under the U.S. Small Business Administration (SBA), particularly their lending programs, will begin to experience long delays due to the absence of staff and inevitable backlog of approvals. “These backlogs and delays have real-world implications: forcing capital-strapped small-business owners to choose between hiring an employee or providing health insurance; or forcing the smallest of businesses to spend money they don’t have on accountants to provide the assistance typically provided by the IRS. “A small handful of elected officials are manufacturing a crisis out of partisan discord with a focus solely on grandstanding. This is unfair, unreasonable and unacceptable.” Please click here to read NSBA’s letter to Congressional leaders. Celebrating more than 85 years in operation, NSBA is a member-driven 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 and follow us at @NSBAAdvocate. ###

Mere hours remain for lawmakers to come to an agreement on spending. As the deadline to pass some kind of Continuing Resolution (CR) to continue funding the government past Sept. 30—this Saturday—approaches, lawmakers still find themselves at an impasse with no clear path forward. House Speaker Kevin McCarthy (R-Calif.) still does not have the votes to pass—or even consider—a CR that would pass muster in the Senate and the conservative Freedom Caucus continues to dig-in, demanding 12 individual appropriations bills, each with deep spending cuts and individual hot-button provisions that would be dead-on-arrival in the Senate. Earlier today, NSBA sent a letter to Congress warning that the political theatrics behind a government shutdown could spell disaster for America’s smallest businesses. Millions of small businesses do business directly with the federal government and a shutdown would mean they won’t get paid—regardless of what services and goods they’ve already supplied. Furthermore, government shutdowns have historically succeeded in only two things: weakening the U.S. economy and confidence in our elected officials. Below is a statement from NSBA President and CEO Todd McCracken: “While Members of Congress and their staff will, in all likelihood, continue to get paid, millions of small-business federal contractors and subcontractors will be impacted by contract delays, stoppages and cancellations. The trickle-down effects cannot be understated: every business in their supply chain, their employees and their families WILL feel the pinch of a government shutdown – they always do. If lawmakers fail to keep the government running, they should, at a minimum, support measures similar to those extended to federal employees to “make whole” any federal contractor impacted by a shutdown. Small-business programs, such as those under the U.S. Small Business Administration (SBA), particularly their lending programs, will begin to experience long delays due to the absence of staff and inevitable backlog of approvals. These backlogs and delays have real-world implications: forcing capital-strapped small-business owners to choose between hiring an employee or providing health insurance; or forcing the smallest of businesses to spend money they don’t have on accountants to provide the assistance typically provided by the IRS. A small handful of elected officials are manufacturing a crisis out of partisan discord with a focus solely on grandstanding. This is unfair, unreasonable and unacceptable.” Please click here to read NSBA’s letter to Congress. Stay tuned to NSBA for the latest updates on the potential government shutdown.

Updates and opportunities with the SBA. With natural disasters causing lethal and economic destruction, particularly to small businesses, the U.S. Small Business Administration’s (SBA’s) Office of Disaster Recovery and Resilience (DRR) is partnering with the Federal Emergency Management Agency’s (FEMA’s) Office of Business, Industry, and Infrastructure Integration (OB3I) to lead discussions on disaster recovery and resiliency for businesses. Recently hosting a forum on promoting coordination and partnerships with American small businesses throughout disaster periods, OB3I and DRR are focused on supporting preparedness, response, and recovery of the small-business community with disaster strikes. For more information on securing support for your small business after a disaster, visit the SBA’s Disaster Loan Assistance portal here, and, to stay in touch with FEMA, join the National Business Emergency Operations Center (NBEOC) by emailing a completed membership form to NBEOC@connect.gov. Pivoting to happier days of small-business ownership, the SBA has also announced opening of its applications for the 2024 National Small Business Week (NSBW) Awards. From mom-and-pop shops to innovative startups, small businesses are the backbone of our nation’s economy, and NSBA is proud to support opportunities for small-business owners to be recognized for their tireless work and efforts. RELATED | Finalists Announced for NSBA's Small Business Advocacy Awards 2023 To nominate a small business owner in your area or download related forms, criteria, and guidelines, visit sba.gov/nsbw. All nominations must be submitted electronically by 4:00 p.m. ET on Dec. 7, 2023. The awards will be presented during the NSBW Awards ceremony in Washington, D.C., from April 28-29, 2024.

Efforts to prevent the Corporate Transparency Act (CTA) from going into effect have ramped up in recent weeks. Yesterday, NSBA sent a letter to the House Committee on Financial Services Chair Patrick McHenry (R-N.C.) urging a delay and ultimately repeal of the Corporate Transparency Act (CTA) and called upon all lawmakers to support the Protecting Small Business Information Act of 2023 (H.R.4035). Additionally, the lawsuit NSBA has filed against the Department of Treasury and Financial Crimes Enforcement Network (FinCEN) is moving forward with the Judge in the case setting October 30 as the date for oral arguments. RELATED | NSBA Files Suit Against CTA on Behalf of Small-Business Owners Everywhere The CTA was signed into law Dec. 2020 and is set to go into effect January 2024 for all new business formations. This law will require ONLY businesses with fewer than 20 employees to disclose owners’ information to the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN). Contrary to its stated intent, the CTA has become an administrative distraction that will force millions of hours and upwards of $5.7 billion to be spent on lawyers and annual reporting. Furthermore, this paperwork burden is redundant - banks are already collecting the information FinCEN is seeking through the Customer Due Diligence (CDD). Stay tuned to NSBA for updates on the CTA.

More money, less problems for small business. On Wednesday, Sept. 27, the House Small Business Committee will hold a hearing on recouping stolen pandemic funds at 10:00 a.m. ET. With hundreds of millions estimated stolen as part of fraud during the pandemic, NSBA applauds agency efforts to recoup these funds and supports the oversight efforts on behalf of the House Small Business Committee. This hearing is an important step in ensuring accountability and fund recovery is a top priority. Watch the hearing here. RELATED | DOJ Continues Efforts to Recover Stolen COVID Funds Related to funds for small businesses, recently, the U.S. Small Business Administration (SBA) announced growth accelerator fund awards of $150,000 to 35 partnerships across national priority areas. These awards are designed to help advance equitable investment in innovative startups and high-growth small businesses across several priorities, including National Security & Global Competitiveness, Domestic Manufacturing and Production, Climate and Renewable Energy, and Underserved Communities. Learn more about each Growth Accelerator Fund Competition partnership in the public directory here.

More time is needed to analyze and respond to the proposed changes for overtime pay exemptions. This week, NSBA joined the Partnership to Protect Workplace Opportunity (PPWO) and 107 organizations on a letter to the Department of Labor (DOL) requesting a 60-day extension to the comment period for its proposed changes to “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (RIN 1235-AA39).” RELATED NEWS | DOL Proposes New Overtime Rules These latest revisions would entitle millions of workers who are now exempt from overtime requirements to time and a half pay when they work more than 40 hours in a workweek. Additionally, this DOL proposal would raise the salary test from its current $35,568 level to $55,068 as the annual salary threshold. Employees below this new level working more than 40 hours in a workweek will remain eligible for overtime pay. Given the magnitude of this rule, an additional sixty days is reasonable and will ensure WHD will receive meaningful information, such as more accurate and informative comments and better understand how the economy and workers will be impacted by the changes being considered. Read the full letter here, submit comments here, and follow NSBA as we track the latest from the DOL.

#CTA needs a delay - today. On Monday, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) unveiled their Small Entity Compliance Guide relative to the Corporate Transparency Act (CTA). Also referred to as “Beneficial Ownership Reporting,” the CTA is set to go into effect in a matter of months and will require ONLY businesses with fewer than 20 employees to disclose owners’ information to FinCEN. The compliance guide from FinCEN is intended to help businesses determine if they are required to report their beneficial ownership information to FinCEN, however the base regulations are so painfully vague, compliance will be a nightmare for most small businesses. While the intent of the law was to stem money laundering, the CTA is not only bad policy, it is unconstitutional. Failure of a small business to comply—intentional or not—could result in up to $10,000 in fines and up to two years in prison. NSBA has filed a lawsuit against Treasury over the implementing regulations of the CTA, however an act of Congress to repeal the law is the best way to ensure this bad policy doesn’t see the light of day. Please click here to view the compliance guide.

Tune in Friday to catch Todd speaking on behalf of NSBA and the nation’s entire small-business community! This week, NSBA President and CEO Todd McCracken is participating in a panel on 21st Century Labor Policies to Promote Worker Freedom, Opportunity, and Entrepreneurship. Beginning Friday, Sept. 22 at 9:30 a.m., tune in for Session I of the Heritage Foundation’s discussion on How Economics and Government Policies Affect the Workplace. Additional panels include focused sessions, “Why Protecting Independence Is Vital for Opportunities and Flexibility,” and “The Role of Unions in the 21st Century.” Click here for additional speaker details, and tune in to catch Todd speaking on behalf of the small-business community this Friday!

Capitol Hill is cloudy with a chance of Shutdown for the foreseeable future. As of late Tuesday, House Speaker Kevin McCarthy (R-Calif.) does not have the votes to pass—or even consider—a continuing resolution (CR) to fund the government in the House. While at the start of the day, there had been plans for a procedural vote on the CR deal brokered between the moderate Main Street and conservative Freedom Caucuses, the vote was quickly pulled off the calendar after a Republican Conference meeting on the issue. Additionally, a similar procedural vote to allow consideration of a Defense Appropriation bill failed, losing five Republicans. This is concerning, as this Defense vote was viewed by many as a bellwether for Republican leadership’s ability to corral support for the broader CR, given that the Defense bill was an easier vote for conservatives on the substance. The removal of the vote from the calendar is an admission from the Speaker’s camp that he does not have the support he needs, but it also buys him vital time to modify the bill and whip a few crucial votes. The early word is that Speaker McCarthy has instructed his leads on the CR to redraft the measure to win more conservative support, meaning that he is giving ground to the House Freedom Caucus, who demanded strong policy riders (elements of a funding bill that act to alter Federal policy without going through traditional channels) as a precondition for support. Speaker McCarthy’s move is liable to weaken his standing in Congress, though it is unlikely to change the outcome of the funding battle. The Senate under Democratic control is all but guaranteed to turn its nose at any Republican-led CR, and instead proceed on an alternative track, likely foisting its own “clean” (modification and policy-rider free) CR back on the lower chamber, daring them to oppose it. Had the Speaker won today’s vote, he might have been able to seek particular concessions in his negotiations with Senate leaders, but the Freedom Caucus’ rebellion has likely cost them that option. Currently, the consensus in Washington is that we are most likely headed to a shutdown, as the Senate refuses to consider Republican-driven bills, and a vocal minority in the House holds even conservative-led bills hostage with its newfound leverage. Millions of small businesses do business directly with the federal government and a shutdown would mean they won’t get paid—regardless of what services and goods they’ve already supplied. Furthermore, government shutdowns have historically succeeded in only two things: weakening the U.S. economy and confidence in our elected officials. “Not only will millions of small-business federal contractors and subcontractors will be impacted by contract delays, stoppages and cancellations, the trickle-down effects cannot be understated: every business in their supply chain, their employees and their families WILL feel the pinch of a government shutdown – they always do,” stated NSBA President and CEO Todd McCracken. He went on to comment that, “Small-business programs, such as those under the U.S. Small Business Administration (SBA), particularly their lending programs, will begin to experience long delays due to the absence of staff and inevitable backlog of approvals or even forcing the smallest of businesses to spend money they don’t have on accountants to provide the assistance typically provided by the IRS. A small handful of elected officials are manufacturing a crisis out of partisan discord with a focus solely on reelection. This is unfair, unreasonable and unacceptable.” Stay tuned to NSBA for the latest updates on the potential government shutdown.

#WP2023 was a big success for small business! Wrapping after two days of important networking and meetings with key policymakers, NSBA’ s Washington Presentation (WP) was more impactful than ever, with nearly 200 small-business owners attending as our advocacy delegates. Headquartered at the Hyatt Regency DCA, WP 2023 kicked things off with NSBA’s quarterly Board meeting, where the Trustees discussed our long-term goals and strategy for supporting small business. NSBA Board Chair Bob Trieber and Washington Presentation Chair Tameka Montgomery then began welcoming the WP 2023 delegates, kicking our programming off with a networking lunch and our Advocate of the Year Awards Ceremony. This year’s award recipients include award finalists: Hope Blankenship of To the Rescue Bookkeeping, LLC in Diberville, Miss.; Sheletta Brundidge of ShelettaMakesMeLaugh, LLC in Cottage Grove, Minn.; Chyanne Hart of CAAM Logistics in Strasburg, Penn.; and Martha Hernandez of ESO Ventures in Oakland, Calif. NSBA also recognized Nora Oliver of 10X Nora Oliver, LLC in Woburn, Mass., with the Rising Star Award—an award for individuals just starting out as advocates for small business. The overall award winner was named for the first time publicly, Olalah Njenga of YellowWood Group, LLC in Raleigh, N.C., who shared some inspiring remarks with the delegation. “There is no job for you,” was the last thing Olalah was told before she began her small business. Instead of shrinking, Olalah chose to rise, and her incredible efforts for small business have continued to soar ever since. Congrats to the entire Awards Class of 2023! Joining the delegation were a handful of NSBA’s amazing partners: Amex Global Business Travel, Angel Oak Mortgage, Export-Import Bank of the U.S., and Judy Cyber Services. Following lunch, the WP Delegates then made their way to downtown Washington, D.C., for a briefing from key administration officials, including: Kylie Patterson – Senior Advisor for Opportunity and Inclusion at the National Institute of Standards and Technology CHIPS Program Office at the Dept. of Commerce; Jeff Stout – Director of SSBCI-Treasury; and Uma Hiremagalur – Deputy Program Director, Capital Readiness Program, Minority Business Development Agency at the Dept. of Commerce. While our group was too large to be accommodated by the White House, the Commerce building is one of the oldest in the Capital, and the auditorium’s opulence of a different era did not disappoint. Delegates then received a briefing from NSBA’s friends at the Prism Group, including an update on our Priority Issues. Rounding out the day, our Delegates then met for a rooftop evening reception followed by an exclusive screening of Amazon Studio’s new movie The Burial, starring Tommy Lee Jones and Jamie Foxx. Sharing the story of a family funeral home small business working against the pressures of a behemoth company, we were thrilled for the opportunity to watch this powerful movie in the comfort of Crystal City’s Alamo Drafthouse Cinema. Thursday began bright and early, with Delegates boarding the buses to head to Capitol Hill. The sun may not have been all the way up, but our attendee’s energy sure was! We were ecstatic to welcome some incredible Members of Congress to speak to our delegation over breakfast, including conversations and connections on what Congress is doing for small business policy in the nation’s capital and around the country. Members of Congress addressing the Delegates included: Rep. Morgan McGarvey (D-KY-03), Rep. Mark Alford (R-MO-04), Rep. Pete Stauber (R-MN-08), Rep. Judy Chu (D-CA-28), Rep. Eli Crane (R-AZ-02), Rep. Shri Thanedar (D-MI-13), and Rep. Hillary Scholten (D-MI-03). We were thrilled to see these Members of the Small Business Committee sharing their bipartisan views with such civility, as different perspectives will ultimately lay the foundation for stronger, more common-sensical small-business policy. Throughout the breakfast, NSBA leadership provided tips and insight on how to be the best lobbyist and advocate for small business during the Delegates’ congressional meetings. If you missed our virtual advocacy training on Wednesday, Sept. 6, you can view it in full here. Don’t forget to check back for other NSBA resources, including how best to build and grow your relationship with your Members of Congress! The Delegates were off from there to make the mark for small business across the Capitol complex, leaving behind materials and insights on what it’s like to run a small business under current laws, policies and regulations. Click here to download your copy of the handout materials, including focused information on four key NSBA issues prioritized in conversation by the WP Delegates: • Extend Expiring Tax Cuts • Enact the Credit Card Competition Act • Repeal the Corporate Transparency Act • Nominate and Confirm a Chief Counsel for Advocacy Thank you to our attendees, our partners, and all of our supporters in Congress for another successful Washington Presentation! Delegates, please don’t forget to follow up with your Members, and we’ll see you next year!

Decisions providing easier paths to unionization are just the beginning. Recently, the administration has been pushing through several policy changes and reports initiated by organized labor. The National Labor Relations Board (NLRB) has issued a ruling in the Cemex case, a final direct rule over so-called ambush elections, and confirmed plans to issue a new rulemaking on its joint employer standard. Additionally, for the first time ever, the U.S. Department of Treasury issued a report on the benefits of unions to the U.S. economy – a publication causing concern for many industry groups, including NSBA. CEMEX Case This recent NLRB decision stems from a case examining whether to reinstate precedented bargaining orders. Ultimately, the NLRB moved away from precedent, opening the door for union card checks over secret ballot elections and making this policy change without input from stakeholders. Under the new standard, when a union claims majority support, an employer has two options: They can voluntarily recognize the union and begin to bargain with them as the exclusive bargaining representative of the unit; or They can file a petition for an election with the NLRB, but they must do so within two weeks. If employers miss the 2-week window, the NLRB can issue a bargaining order requiring the employer to recognize and bargain with the union. Additionally, if the employer files within the 2-week window, but then commits any unfair labor practices against the union or workers between the filing of the petition and the holding of the election, the NLRB can also issue a bargaining order requiring the employer recognize and bargain with the union. Effectively, the NLRB’s decision limits employees’ abilities to vote in a secret ballot election. NSBA has ardently opposed this proposal in the past and will continue to do so. Ambush Elections On Aug 24, the NLRB issued a direct final rule altering the procedures for representation elections. The rule reverses changes made under the Trump administration, which, in turn, had reversed the Obama-era ambush election rule. There are 10 provisions in the final rule, all of which drastically shorten the time between a union filing a petition for election and the holding of that election. Like the Cemex decision, the NLRB issued this additional rulemaking without going through the formal notice-and-comment process, giving stakeholders no opportunity to weigh in with their concerns. NSBA also has historically opposed these kinds of changes and is continuing to push back against this overreach. The NLRB recently confirmed it would issue a new rulemaking on its Joint Employer standard. Department of Treasury Report Treasury released a report at the end of August focused on the “benefits of unions to the U.S. economy,” the report’s key findings are as follows: Middle class workers receive substantial benefits from unionization, including raising wages by 10-15 percent and improving fringe benefits and workplace procedures. The benefits of unionization have spillover effects for nonunion workers, including increased wages and improved workplace safety. Unions create a fairer economy, including by reducing race and gender wage gaps. Unions contribute to economic growth and resilience by reducing inequalities and boosting businesses’ productivity. This is the first such report ever issued by the Treasury Department and was one of the recommendations from the White House Task Force on Worker Organizing and Empowerment. In its press release, Treasury goes on to highlight some of the other task Force recommendations, including prioritizing passage of the PRO Act, appointing NLRB members and a General Counsel “committed to protecting the right of workers to organize,” and increasing NLRB funding. The report fails to account for the significant financial and compliance burden many of these recommendations pose for America’s small businesses. Read the full report, and check back here as NSBA stays checked in with the regulatory bodies producing policy affecting our small-business community.