House Subcommittee Attaches Numerous Policy Riders to DOL Funding Bill

This week the House Appropriations Labor-HHS Subcommittee approved legislation that would prohibit DOL and the NLRB from proceeding with some of their most contentious rules.  The provisions would prohibit DOL from publishing or implementing a final persuader rule, a proposal that would change the definition of fiduciary under ERISA, and an OSHA rule on illness and injury protection programs.  The bill would also do away with the NLRB’s “micro-union” decision as well as regulations implementing (in the Subcommittee’s words) "quick-snap elections" and "e-Card Check."  Before final passage, the Subcommittee debated and rejected several amendments mostly related to the bill's proposed repeal of the Patient Protection and Affordable Care Act.  While the bill thus far does not include a policy rider on OFCCP's proposed disability rule, Chairman Denny Rehberg (R-MT) said the measure would rein in “irresponsible spending and regulatory burdens imposed by the administration on small and large businesses alike.”  The bill now moves to the full House Appropriations Committee, though the Labor-HHS Appropriations bill is not expected to become law.  Instead, the funding levels and riders will be dealt with in a continuing resolution.  While the Senate bill contains no such riders, the House action sends a clear message to DOL and the NLRB that the subcommittee has serious concerns about their regulatory agendas.