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9 Small Business Legislative Priorities for Congress in 2026

America’s small businesses enter 2026 following several important policy victories, including the permanent 20% Small Business Deduction and regulatory relief from Beneficial Ownership Information reporting requirements.

NFIB is now urging Congress to build on that progress through nine legislative priorities designed to lower operating costs, reduce regulatory burdens and improve the environment for small businesses and their customers. The priorities cover taxes, health care, energy, labor rules, credit card fees and other major Main Street concerns.

Permanently Exempt Small Businesses From BOI Reporting

NFIB wants Congress to permanently exempt American-owned small businesses from Beneficial Ownership Information reporting requirements.

The organization estimates that the regulation affects more than 32 million small businesses and carries approximately $73 billion in compliance costs. Business owners could also face serious penalties for paperwork violations involving ownership information.

Congress could provide permanent relief by passing the Repealing Big Brother Overreach Act, introduced as H.R. 425 and S. 100. Another option is to codify the Treasury Department rule exempting American-owned small businesses and destroy previously submitted ownership records.

Increase Competition in Credit Card Swipe Fees

Credit card swipe fees raise the cost of accepting electronic payments for small businesses. NFIB argues that the current system allows major card networks to set interchange fees without sufficient market competition.

Congress is being urged to pass the Credit Card Competition Act, which would require banks and payment networks to compete more directly for transaction-processing business.

NFIB also recommends that federal antitrust regulators examine the interchange fee-setting practices of Visa and Mastercard for possible violations. Greater competition could lower payment costs for businesses and help limit price increases for consumers.

Lower Taxes for Small Business Owners

Making the 20% Small Business Deduction permanent prevented a significant tax increase for more than 30 million small businesses. NFIB now recommends expanding that deduction to deliver additional economic support.

An earlier version of the One Big Beautiful Bill Act proposed raising the deduction from 20% to 23%. NFIB believes Congress should reconsider that increase.

The organization also supports restoring a lower tax rate for small businesses organized as C corporations. Before 2017, qualifying companies paid a 15% rate on their first $50,000 of income.

Reduce Small Business Health Care Costs

Rising health care expenses have remained one of the most persistent challenges for small employers for more than four decades.

NFIB recommends allowing businesses greater flexibility to make pre-tax contributions toward employees’ medical expenses through health reimbursement arrangements. It also supports expanding alternatives to traditional small-group insurance.

Proposed solutions include removing barriers that prevent small businesses from joining Association Health Plans and eliminating time limits on Short-Term, Limited-Duration insurance plans.

NFIB additionally calls for Congress to reconsider mandates such as Essential Health Benefits, Medical Loss Ratio requirements and Community Rating rules that it says increase insurance costs.

Reject Harmful Small Business Labor Mandates

NFIB is asking Congress to reject labor proposals it believes would place disproportionate burdens on smaller employers.

The organization specifically opposes legislation such as the Warehouse Workers Protection Act and the Protecting the Right to Organize Act.

According to NFIB, these proposals could make labor negotiations more difficult and prevent small businesses from competing on equal terms with larger companies that have dedicated legal and compliance departments.

Make Fuel and Electricity More Affordable

Energy expenses are becoming an increasingly significant part of small business operating costs. According to the NFIB document, 92% of members reported higher energy costs during the previous three years.

Many businesses have been forced to raise prices to offset higher fuel and electricity bills. This means rising energy expenses can affect consumers as well as employers.

NFIB supports policy reforms that expand access to reliable, affordable energy and allow producers to meet growing electricity demand across the country.

Protect the Right to Repair

Independent repair shops can face restrictions that prevent them from servicing cars, tractors, smartphones and other products.

NFIB argues that some large manufacturers use their market position to limit access to the parts, tools, software and technical information needed for repairs.

Congress could address these practices through Right to Repair legislation that prohibits anti-competitive restrictions. NFIB supports proposals including the REPAIR Act, introduced by Representatives Neil Dunn and Marie Gluesenkamp Perez.

Expanding repair rights could support independent businesses while giving consumers more choices and potentially reducing repair costs.

Pass Meaningful Regulatory Reform

Small businesses generally do not have large legal or compliance teams to manage constantly changing federal regulations.

NFIB wants agencies to consider the resources of small employers and develop requirements that are less burdensome and easier to understand.

The organization supports the PROVE It Act, introduced as S. 495 and H.R. 1163. It also encourages Congress to consider additional legislation requiring federal agencies to provide more practical regulatory options for small businesses.

Disclose Foreign Funding of Business Lawsuits

NFIB wants Congress to address undisclosed foreign investment in lawsuits filed against American businesses.

The organization reports that 97% of its members believe foreign entities should not be permitted to secretly finance litigation against U.S. companies. Such funding can increase business insurance expenses and expose smaller companies to costly or frivolous lawsuits.

NFIB supports H.R. 2675, the Protecting Our Courts From Foreign Manipulation Act, as a way to improve transparency and limit foreign influence within the American court system.