Advocacy and Engagement
This month, Lobbyit met with Andrew Smith, the Health Policy Adviser for Senator Jon Husted from Ohio, to discuss Congressional movement on Short-Term Limited Duration Insurance (STLDI). Sen. Husted is a member of the Senate HELP Committee and has been active on healthcare related issues in the past.
Andrew noted that there hasn’t been much recent discussion on STLDI within their office, and recommended liaising with Sen. Ted Cruz’s staff on gauging potential Congressional action in tandem with the upcoming CMS rulemaking. Like others, they are in a wait-and-see mode regarding CMS, making the upcoming meeting particularly valuable. He encouraged staying in touch once there’s clarity on administrative plans and offered to do the same if anything moves in Congress, though he noted that significant developments are unlikely before Spring.
The team also got back in contact with leadership at CMS CCIIO (Consumer Information and Insurance Oversight) following the end of the shutdown and resulting furloughs to reschedule the meeting previously planned for early October. That meeting will take place on December 2nd and be valuable in shedding light on the progress of regulatory rulemaking regarding STLDI.
Work on the Hill
After nearly six weeks of a government shutdown that extended into mid-November, Congress reached a bipartisan agreement to reopen the federal government and temporarily fund operations through January 30, 2026. The Senate advanced a House-passed continuing resolution (CR) to end the stalemate, and on November 12, President Trump signed the measure into law. The measure, which cleared a key procedural hurdle by a 60–40 vote, marked a turning point following weeks of partisan gridlock. Independent Senator Angus King of Maine, alongside Democratic Senators Jeanne Shaheen and Maggie Hassan of New Hampshire and several GOP senators, negotiated the deal, ensuring that all furloughed federal employees will receive back pay and that more than 950 Department of Health and Human Services workers who lost their jobs during the shutdown will be reinstated.
The agreement also allows Congress to move forward with a three-bill funding package that provides full-year appropriations for the Department of Agriculture and the Food and Drug Administration (FDA), the Department of Veterans Affairs and military construction projects, and legislative branch operations. This three-bill package is the result of months of bipartisan and bicameral negotiations designed to restore funding stability and avoid another fiscal impasse. All other federal agencies will continue to operate under the short-term CR until January 30, 2026.
However, the agreement does not include an extension of the enhanced Affordable Care Act (ACA) subsidies enacted under President Biden and a Democratic Congress in 2021. These subsidies, which lowered premium costs for millions of Americans, are set to expire at the end of the year, reverting to the original subsidy levels under the ACA of 2010. This omission prompted strong opposition from most of the Democratic caucus, with 39 senators voting against the deal. Senate Minority Leader Chuck Schumer criticized the measure for failing to guarantee continued access to the enhanced subsidies, calling their expiration a blow to middle-class families. Despite this division, Majority Leader John Thune pledged to bring a separate vote to extend the ACA subsidies before the end of December, offering a potential path forward on one of Democrats’ top health policy priorities.
Those discussions ultimately led to a continuing resolution that cleared the Senate first, gathering enough Democrat support to advance even as some factions pushed for deeper policy riders and assurances for ACA subsidy extensions. The House followed with its own vote, and although the tally was narrow, the measure ultimately passed both chambers. When the President signed the bill on November 12, the shutdown formally ended and agencies were able to reopen and begin the long process of resetting operations. The CR funds most of the federal government at prior year levels through the end of January, while providing full year appropriations for several departments whose work had drawn broad bipartisan agreement. The measure also included provisions ensuring that federal employees would receive back pay and that reduction in force notices issued during the shutdown would be voided. The clean nature of the bill meant that major contested items, including questions around health subsidies and broader spending reforms, were left for later negotiation. While the resolution brought immediate relief, it also set up another funding deadline early in the new year, meaning lawmakers will soon face renewed pressure to reconcile their remaining disagreements.
In the weeks since the government reopened, Congress and federal agencies have moved back into more normal rhythms, although the aftereffects of the shutdown are still evident. Committees resumed hearings that had been postponed through most of October, and leadership in both chambers has shifted attention to several policy priorities that had been overshadowed by the funding crisis — namely, full year appropriations across the government. Regulatory actions also quickly returned to the foreground. The Federal Reserve issued updated guidance aimed at reshaping how it evaluates financial risk within the banking system, signaling an intent to streamline supervisory expectations and place greater emphasis on material vulnerabilities rather than routine procedural issues. However, the administration has indicated that October jobs report data will be unavailable because of the shutdown, casting greater uncertainty for industries and stakeholders reliant on these meaningful economic indicators.
Environmental policy also saw meaningful activity during November. The administration advanced new regulatory proposals that would scale back certain protections for species under the Endangered Species Act and adjust how critical habitat decisions are made. These proposed changes place more weight on economic and security considerations, which supporters argue provides needed balance while critics warn that the revisions could undermine long standing conservation goals. Parallel to these actions, the White House continued work on a significant executive order focused on AI regulation. The draft order, which began circulating this month, lays out a strategy for establishing a national process for handling legal disputes involving artificial intelligence and signals interest in preventing a patchwork of state laws that the administration views as burdensome for interstate commerce. The Department of Education also unveiled its long-awaited plan to redirect significant allocations of its funding and programming to other agencies in an effort to effectively shutter the department. These moves, which will scatter ED’s programs through the Departments of Interior, Labor, State, and others mark another step in the months-long push by the Trump administration to fulfill its campaign promise of slashing the department’s operations.
The President also issued several directives throughout the month touching on social policy and trade. One order focused on youth and families directs federal agencies to improve support for children in foster care and strengthen partnerships that help young people transition successfully into adulthood. Another action addressed tariff treatment for selected agricultural imports, reflecting the administration’s interest in recalibrating trade relationships amidst its aggressive economic posturing. All in all, federal policy has returned to a more active posture after weeks of shutdown-induced paralysis. Although the shutdown dominated much of the early month, November ultimately closed with Congress back at work before the Thanksgiving recess, agencies restarting their operations, and the administration once again advancing its executive agenda. The relief of reopening has not eliminated the challenges ahead, but it has allowed lawmakers and regulators to refocus on broader national priorities while preparing for the next round of fiscal negotiations as we approach the year end.
EEOC Warns Against Foreign Employee Bias
The Equal Employment Opportunity Commission (EEOC) issued guidance this month warning employers that favoring workers from specific countries or visa categories, including H-1B holders, may violate the Civil Rights Act’s prohibition on national origin discrimination. Employers were cautioned against posting job advertisements that indicate a preference for foreign nationals or certain visa holders. The guidance also encourages workers to report violations, including hiring undocumented workers to ICE and underpaying visa workers to the Labor Department’s Wage and Hour Division or the Justice Department. EEOC Chair Andrea Lucas emphasized that unlawful bias against American workers under Title VII is widespread across multiple industries and that the agency is committed to protecting all workers from discrimination.
The guidance aligns the EEOC with the Trump administration’s broader efforts to tighten employment-related immigration rules. It comes amid the White House’s proposal to raise the H-1B petition fee to $100,000, a move that has drawn criticism from business groups including the U.S. Chamber of Commerce, which has filed a lawsuit challenging the fee on the grounds that it could harm U.S. competitiveness. The announcement also signals a more assertive EEOC following the recent government shutdown. The agency now has a quorum for the first time since shortly after President Trump returned to office, allowing it to fully exercise its regulatory authority. During the shutdown, Brittany Panuccio was confirmed as a commissioner, and Andrea Lucas, who had served in an acting capacity for most of the year, was formally elevated to chair. With a fully seated commission, the EEOC appears poised to increase its enforcement activities and guidance, particularly in areas involving potential national origin discrimination affecting both American and foreign workers.
DOL Cancels Jobs Report
The Labor Department announced that it will not release the October jobs report due to complications from the recent government shutdown, though it plans to include some October data in November’s report. The monthly employment data is derived from two surveys: a payroll survey of employers that tracks overall employment changes, and a household survey that measures the unemployment rate and provides workforce demographics. The household survey could not be collected because federal employees responsible for it were furloughed during the shutdown, and the Bureau of Labor Statistics (BLS) indicated this data cannot be retroactively collected.
BLS plans to incorporate the October payroll survey into November’s report, which has been rescheduled from December 5 to December 16. The agency also noted it is extending its collection period for November data and will add extra processing time. The delay leaves policymakers and economists with only a partial view of labor market conditions until BLS resumes its full reporting schedule. The timing means November’s report will be released after the Fed’s December meeting, potentially complicating policy decisions.
The Trump administration had previously warned that the October data could be compromised by the shutdown, which forced the Labor Department to suspend all reporting except for the September Consumer Price Index, needed to set Social Security’s cost-of-living adjustment. Meanwhile, BLS will release the largely completed September jobs report on Thursday, the September Producer Price Index on Friday, and import and export price indexes next Tuesday. Additionally, the Job Openings and Labor Turnover Survey will combine September and October data for a December 9 release.
FMSCA Issues CDL Guidance, Facing Judicial Review
The Federal Motor Carrier Safety Administration issued an interim final rule on September 29, published this month in the Federal Register, which tightens the issuance of Commercial Driver’s Licenses and Commercial Learner’s Permits for non-domiciled individuals. The rule aims to restore the integrity of the CDL program and improve safety on U.S. roads by ensuring that only eligible applicants receive these credentials. Only certain non-citizens are now eligible, including those with valid employment-based visas, lawful permanent residents, U.S. citizens, residents of U.S. territories, and individuals from states with decertified CDL programs. Individuals with temporary humanitarian statuses, such as asylum or DACA, are no longer eligible for a non-domiciled CDL or CLP.
The rule requires applicants to provide an unexpired foreign passport and Form I-94 showing valid employment-based status for every issuance or renewal. Immigration status must be verified through the federal SAVE system, applicants must appear in person for renewals, and CDL expiration dates cannot exceed the expiration of legal status or one year, whichever is shorter. Issuing agencies must retain supporting documentation for at least two years.
FMCSA cited a pattern of illegal issuance of licenses to foreign drivers, including cases connected to fatal crashes, as a major reason for the rule. States are required to revoke unlawfully issued non-domiciled CDLs and may face withholding of federal highway funding if they fail to comply. The rule took effect immediately but is under judicial review. The U.S. Court of Appeals for the D.C. Circuit issued an administrative stay on November 10, temporarily blocking enforcement until further notice.
H.R. 3174 Awaits House Vote
H.R. 3174, known as the Made in America Manufacturing Finance Act, awaits a House vote early in December to expand financial support for small U.S. manufacturers by raising the loan limits for certain Small Business Administration (SBA) and Small Business Investment Act (SBIA) lending programs. The bill defines a “small manufacturer” as a small business whose primary operations fall within manufacturing sectors (NAICS sectors 31, 32, or 33) and whose production facilities are located entirely within the United States.
Specifically, the bill proposes to amend the existing Small Business Act to raise the standard 7(a) loan cap for small manufacturers. Under the revised provisions, a small manufacturer may qualify for loans up to $7.5 million, or even exceed that up to $10 million in gross loan amount under certain conditions. For small manufacturers needing larger capital infusions, the bill also raises loan limits under export purpose provisions: up to $9 million (with a maximum of $8 million allocated for working capital, supplies, or export financing). Under the Small Business Investment Act, the bill increases the cap for SBIA loans for small manufacturers from $5.5 million to $10 million.
The rationale behind the legislation is that manufacturing is capital-intensive, and small manufacturers often face financing barriers that limit their ability to invest in equipment, expand capacity, modernize facilities, or scale operations. By increasing the loan thresholds, the act aims to unlock greater access to capital, enabling domestic manufacturers to grow, invest in new technologies, and strengthen supply chain resilience. The bill is championed as a way to revitalize “Made in America” manufacturing by supporting small firms that might otherwise be unable to secure sufficient funding under current SBA/SBIA limits.
National Employers Association