top of page

NSBA | Search our Site

Results found for ""

  • REGULATORY RUNDOWN | Jan. 21

    Stay two steps ahead with your small business. Subscribe to receive NSBA’s Real-Time Regulatory Updates. Register here! Regulatory Rundown: Jan. 06-20 NOTE: This issue of the Regulatory Rundown covers the final actions under the Biden administration. SBA announces record-breaking FY24 small-business contract awards. On Jan. 10, the Small Business Administration (SBA) announced that small businesses received over $183 billion in prime contracts from the federal government, accounting for 28.8% of all federal contracting dollars in fiscal year (FY) 2024. More information on the small-business FY24 contract data is available here . SBA advisory committees release annual reports.  On Jan. 8 and Jan. 10, respectively, SBA’s Invention, Innovation, and Entrepreneurship Advisory Committee (IIEAC) and Investment Capital Advisory Committee (ICAC) released their annual reports detailing various recommendations to SBA. The IIEAC report includes 12 recommendations to strengthen U.S. innovation, focusing on the Small Business Innovation Research and Small Business Technology Transfer (SBIR/STTR) programs. The ICAC report identifies various challenges small businesses face when seeking financing. SBA highlights new MySBA digital platform. On Jan. 17, SBA announced  its new single sign-on MySBA platform. Under the new platform, the SBA’s loans, certifications, and learning platforms are now housed under a centralized customer interface . SBA announces additions to CA SBLC program. On Jan. 16, SBA announced  additions to the Community Advantage Small Business Lending Company (CA SBLC) program. The additions include more nonprofit organizations to assist underserved markets. SBA awards $26M for new WBCs. On Jan. 16, SBA announced  it has awarded over $26 million to create 13 new Women’s Business Centers (WBCs) and support 17 existing WBCs nationwide. The investment marks the first SBA-awarded grants to provide specialized services for childcare and support government contracting efforts for women-owned small businesses. SBA announces availability of federal disaster loans to Southern CA businesses . On Jan. 10, SBA announced  that low-interest federal disaster loans are now available to Southern California businesses, homeowners, renters, and private nonprofit organizations (PNPs) due to the wildfires that began on Jan. 7. Loans are available to businesses of all sizes and PNP organizations to repair or replace damaged or destroyed real estate, machinery, equipment, inventory, and other business assets. Treasury releases recommendations on small-business financing.  On Jan. 10, the Treasury Department released  recommendations summarizing the Office of Financial Institutions Policy’s September roundtable  on small business finance and financial institutions. In addition to providing recommendations, the report covers trends in small-business capital access and the growth of non-bank financial technology providers in the small-business market. The full report is available here . Nat’l Taxpayer Advocate releases ’24 Annual Report to Congress. On Jan. 8, National Taxpayer Advocate Erin Collins released  her 2024 Annual Report to Congress , which found “overall improvement in IRS taxpayer service” while also highlighting “persistent challenges, particularly delays in processing Employee Retention Credit (ERC) claims and resolving Identity Theft Victim Assistance cases.” In the announcement, the IRS also noted the National Taxpayer Advocate’s 2025 Purple Book , which proposes nearly 70 legislative recommendations “intended to strengthen taxpayer rights and improve tax administration.” DoD publishes names of first cohort of funds approved under SBICCT Initiative. On Jan. 17, the Department of Defense (DoD) published  the names of the entire first cohort of Licensed and Green Light Approved funds under the Small Business Investment Company Critical Technologies Initiative (SBICCT Initiative). The first cohort is projected to invest over $4 billion into over 1,700 portfolio companies focused on DoD Critical Technology Areas (CTAs). FTC finalizes consent order on no-hire agreement . On Jan. 17, the Federal Trade Commission (FTC) finalized  a consent order requiring building services contractor Guardian Service Industries, Inc. to stop enforcing a no-hire agreement. The final consent order stems from the FTC’s Dec. 2024 complaint  alleging that Guardian’s agreements prohibit building owners and competing build service contractors from hiring Guardian employees. The consent order comes as the FTC and Department of Justice (DOJ), in their jointly-issued antitrust guidelines , included  the use of noncompetes as a specific type of agreement or business practice that may violate the antitrust laws. EDA awards $25M to support Good Jobs Challenge program grantees . On Jan. 14, the Commerce Department announced  that its Economic Development Administration (EDA) is awarding $25 million in Good Jobs Challenge program funding to eight grantees to support workforce training programs across the country. The awards expand the program to 35 states and one territory.

  • PRESS | NSBA Applauds Prompt Nomination of Casey Mulligan as Chief Counsel for SBA Office of Advocacy

    A fully staffed SBA Office of Advocacy is essential to supporting the Small-Business community, and NSBA looks forward to working with Nominee Mulligan. FOR IMMEDIATE RELEASE Jan. 15, 2025 Contact: Molly Day | 202-552-2904 mday@NSBAadvocate.org NSBA Applauds Prompt Nomination of Casey Mulligan as Chief Counsel for Office of Advocacy Washington, D.C.  – Late last week, President Elect Donald Trump announced plans to nominate Casey Mulligan as Chief Counsel for the U.S. Small Business Administration (SBA) Office of Advocacy. Mulligan served as chief economist on the first Trump administration’s Council of Economic Advisors and is a professor of economics at the University of Chicago. This marks the earliest nomination for a Chief Counsel since the inception of the Office of Advocacy.   Below is a statement from NSBA President and CEO Todd McCracken.   “The Office of Advocacy is one of the most critical agencies within the federal government – it serves as the small-business watchdog as federal regulations are being made and has saved small businesses untold millions in avoided regulatory costs.   “When we met with the Trump transition team in December, we urged focus and priority be given to appointing a Chief Counsel, an office that has been without a formally confirmed head since before the first Trump administration. We are grateful that this critical office was atop President-elect Trump’s list of nominations.   “As the oldest small-business advocacy organization in the country, NSBA has always been an outspoken supporter of a strong and independent Office of Advocacy. Furthermore, we have prioritized as a 65,000-member strong organization having a fully-staffed SBA, including the Office of Advocacy. Having a Senate-confirmed Chief Counsel is an important step toward those goals, and we stand ready to work with Professor Mulligan throughout the nomination process.”   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.NSBAadvocate.org  or follow us at @NSBAAdvocate.      ###

  • NEWS | NSBA Files SCOTUS Amicus Brief on Corporate Transparency Act (CTA)

    CTA rulings may be unclear, but NSBA’s objective remains certain: delay or repeal this unconstitutional law by any legal or legislative means is the priority.   In the last six weeks, there have been nearly 10 changes on the status, rules, and regulations regarding the Corporate Transparency Act (CTA). Among the most recent action, in late 2024, a federal court in Texas issued a nationwide injunction over CTA enforcement by the U.S. Dept. of the Treasury and its Financial Crimes Enforcement Network (FinCEN). RELATED | NSBA Leads Fight for Small Business Over the CTA Since March 2022 The court then ruled in favor of an appeal over this injunction by FinCEN and the Treasury, only to, after that in a third ruling, reverse their decision and reinstate the injunction. Clear as mud, at this time, beneficial ownership information (BOI) reports to be submitted under the CTA are voluntary, with the court expected to take up consideration of the nationwide injunction once again in March. Last week, NSBA joined more than 10 other organizations in submitting an amicus brief to the Supreme Court of the United States (SCOTUS) expressing support from our members and the Small-Business community for this nationwide injunction and additional action to stay or fully eliminate the CTA. In a separate, but complementary federal court case to the district court ruling that issued the nationwide injunction, NSBA received its own injunction over the CTA, limited to NSBA members in good standing as of March 1, 2024. Like the nationwide injunction, Treasury and FinCEN appealed this limited exclusion for the March 1 class of NSBA members, and the court is reconsidering whether establishment of a database of duplicative Small-Business owner information that is searchable without a warrant is constitutional. Maintaining the position that this database searchable without a warrant is a plain violation of the Fourth Amendment, the NSBA exemption has remained in place since our initial victory was secured last year; however, a ruling on the appeal is expected any time. RELATED | NSBA Urges Action Over CTA in Courts, by Congress Follow NSBA as we continue urging the courts and Congress to act to delay, dismantle, and fully repeal the CTA in our case and in support of others, and join our fight over this unconstitutional law today. Read the full amicus brief here .

  • NEWS | NSBA Sends Letter to Treasury, FinCEN Following Data Breach

    Creation of government databases should not come at a cumbersome, costly, or confusing toll for Small Business, and the threat of data breaches should be minimized. On Dec. 8, 2024, the U.S. Dept. of the Treasury and its Financial Crimes Enforcement Network (FinCEN) announced a cybersecurity breach of Treasury data conducted by Chinese-sponsored hackers. Following this announcement, NSBA sent a letter to Treasury and FinCEN regarding this breach, particularly concerned with how this breach could signal future issues with databases collected under the Corporate Transparency Act (CTA). As part of the CTA, FinCEN is instructed by the law to create and maintain a database of beneficial owner information (BOI) of small businesses. This data includes social security numbers and other sensitive identifiers, and it is collected redundantly to other databases when small businesses are formalized. RELATED | CTA Disclosures Voluntary as of 08 Jan. 2025 Additionally, this database would be searchable without the need for FinCEN to secure a warrant - a plain violation of the Fourth Amendment - and large entities, including banks, are exempt from BOI disclosure requirements. The CTA was originally passed as part of a national defense and security bill, included in the legislation under the premise that small businesses were responsible for facilitating a significant amount of international money laundering. While money laundering occurs in any size business, for the purported purpose of the CTA being to stem financial crimes and banks to be exempt from the disclosures, NSBA has maintained a staunch position against this regulation. Fortunately, federal legal action has reinstated an injunction against enforcement of the CTA, and, as of this writing, disclosures under the CTA are voluntary. In a ruling from a contemporaneous federal court case, NSBA secured and maintained an exemption for its members in good standing as of March 1, 2024, and we are working to expand this exemption for all Small-Business owners through all channels, including work with Congress to repeal their previous passage of the CTA. RELATED | NSBA Members Exempt from CTA, Continues Fight Over Unconstitutional Law Underscoring our case for concern over this law is continued failures of databases maintained by the federal government. Read our full letter to Treasury and FinCEN for full clarification on this recent breach below, and follow NSBA as we continue our work over the CTA. ___ January 8, 2025 Dear Secretary Yellen and Director Gacki:   As the nation’s oldest small business advocacy organization, representing our membership of more than 65,000 and the 70+ million owners and employees that make up the U.S. small business sector, we are writing to express our significant concerns related to the recent cybersecurity breach of U.S. Treasury data conducted by Chinese-sponsored hackers, which was publicly disclosed on Dec. 8, 2024.    While any breach of federal government systems is worthy of considerable scrutiny, this particular incident is of immediate relevance to American small businesses, who have been forced to reckon this past year with burdensome FinCEN reporting requirements established by the Corporate Transparency Act (CTA). The CTA was purportedly designed to address only corporations engaged in illicit activities; however, its language has impacted nearly all small businesses in the United States, requiring them to disclose sensitive "beneficial ownership information” (BOI) to FinCEN. Though the enforcement deadline for this information has been shifted back-and-forth repeatedly—leaving small businesses profoundly confused over their legal obligations—many businesses have nonetheless already submitted their BOI. Given the immensely sensitive nature of this information, it is vital that those business owners be made immediately aware if any of the data compromised during the incident included information related to their submissions, a violation that could potentially jeopardize their competitiveness and continued operations.   It is worth emphasizing that these small businesses forfeited their own security protections in order to abide by the federal government's mandates, with the hope and expectation that the government possesses the necessary technology and expertise to protect their information from falling into the hands of bad actors and foreign adversaries. Due to the significant degree of trust that these small businesses have placed in their government to protect and oversee their information, it is imperative that Treasury expeditiously confirm or deny whether their sensitive information has been stolen. Therefore, NSBA is requesting that Treasury immediately disclose whether any of the information accessed by hackers pertained to the BOI requirements mandated by the CTA, and if so, to make it clear whether that information has since been secured in the aftermath of the breach.   While we are aware that Treasury has already promised lawmakers it will disclose additional information concerning the incident in a supplemental report, we urge you to comprehensively address the issue of potential BOI theft during the continued review process. In addition, we request to be made aware of what steps, if any, Treasury is implementing to remediate the situation and ensure that U.S. businesses are not penalized for their attempts to comply with the law.   Sincerely,                                                                Todd McCracken President & CEO National Small Business Association   ###

  • NEWS | NSBA Submits Comments on OSHA Heat Rule

    NSBA continues to advocate for common sense rulemaking that is not overly broad or duplicative, supporting safe choices for Small Business, including with OSHA heat rules.   Recently, NSBA shared comments with the Occupation Health and Safety Administration’s (OSHA) Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule (“Proposed Rule”). While NSBA wholly supports efforts to mitigate the consequences of extreme heat in the workplace, as detailed in the submission, NSBA urged the agency to scrutinize the Proposed Rule for its overly broad in its scope and duplicative nature of other programs that are already in place to combat the potential dangers of extreme heat in the workplace. RELATED | NSBA’s Priority Issues: Expanding Opportunities for Small-Business Contracting In addition to addressing industry-related scope concerns, NSBA further urged OSHA to avoid addressing both outdoor and indoor heat in a single rulemaking, as these considerations are disparate. Read the full letter below, and follow NSBA as we continue advocating for common sense rules and regulations affecting the Small-Business community. ____ Docket No. OSHA Heat -2021-0009 Occupational Health and Safety Administration (OSHA) To Whom It May Concern: On behalf of the National Small Business Association (NSBA), the oldest advocacy organization for America’s small businesses, we thank you for the opportunity to submit these comments on the Occupation Health and Safety Administration’s (OSHA) Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule (“Proposed Rule”). While NSBA wholly supports efforts to mitigate the consequences of extreme heat in the workplace, we believe the Proposed Rule is both overly broad in its scope and duplicative of other programs that are already in place to combat the potential dangers of extreme heat in the workplace. In 2023, the Small Business Advocacy Review Panel (“Panel”) convened to discuss a potential standard for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings and transmitted its recommendations , with input from Small Entity Representatives (SERs), to Assistant Secretary for Occupational Safety and Health Douglas Parker. Among the topics addressed in the Panel’s recommendations was the scope of the potential standard. According to an OSHA fact sheet , the Proposed Rule “would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agricultural sectors where OSHA has jurisdiction.” OSHA has proposed exclusions from the rule including (but not limited to) emergency response activities and indoor sedentary work activities. NSBA is concerned that the type of industry was not taken into account in crafting exemptions from the Proposed Rule, a concern that was reflected at the time the Panel made its recommendations (p. 11). For example, in the Panel’s report, two SERs urged OSHA to exempt indoor industries that are unable to manufacture a product without heat (p. 11). In short, NSBA shares the concerns of these SERs; the Proposed Rule as written has the potential to undermine the very ability of manufacturers to make their products. In addition to addressing the industry-related scope concerns, NSBA also urges OSHA to avoid addressing both outdoor and indoor heat in a single rulemaking, as these considerations are disparate. For example, in the Panel’s report, two construction industry SERs recommended that OSHA focus on only outdoor settings for this rulemaking (p. 12). NSBA is encouraged by this recommendation, though we note that there are already heat-related standards widely used in the construction industry. Moreover, while NSBA appreciates that OSHA took into account emergency response activities in its proposed exclusions from the Proposed Rule, we are concerned that the exemption for indoor sedentary work activities could “result in differences in break schedules and shifts” and jeopardize the feasibility of implementation under these circumstances, as was noted in the Panel’s report (p. 11). NSBA also urges OSHA to consider that it not only already has programs meant to mitigate the potential harms posed by the excessive heat in the workplace, but also that industry itself already has standards to which it adheres that address these concerns. As OSHA itself has noted , the agency already directs “significant existing outreach and enforcement resources to educate employers and hold businesses accountable” for violations of applicable laws and regulations related to heat hazards in the workplace. OSHA has also continued to conduct heat-related inspections under its National Emphasis Program – Outdoor & Indoor Heat-Related Hazards. As OSHA has highlighted, since the 2022 launch of the program, the agency has conducted over 5,000 federal heat-related inspections. What’s more, industries including but not limited to construction already require safety plans. The industry-specific standards are also reinforced by OSHA with its Outreach Training Program; for example, a key NSBA member within the construction industry has undergone this program and touts its OSHA 30-Hour Card as part of its holistic approach and commitment to safety. Furthermore, in the Panel’s report, one SER, a local utility in Arizona, cited just one reportable incident related to heat over the course of a decade, “despite average temperatures that range from 95 to 105 in the summer months” (p. 110). The SER attributed the success seen in mitigating these hazards to its annual heat safety training and Job Hazard Analysis, which “mirrors” what would be required by the Proposed Rule (p. 110). In short, we urge OSHA to consider the consequences of finalizing the Proposed Rule as written, both regarding its overly broad scope and its duplicative nature. These shortfalls would disproportionately impact small businesses, with potential to hinder their productivity and unnecessarily increase operation costs. Thank you again for this opportunity to submit these comments.   ###

  • NEWS | NSBA Remembers, Celebrates President Carter

    NSBA remembers and celebrates President Jimmy Carter, especially his work and legacy for Small Business. As the nation mourns the passing of President Jimmy Carter and remembers his grace, humility and never-ending commitment to service, NSBA remembers him also as a friend to small business.  President Carter had a special relationship with NSBA and its leadership. When it was time for him to appoint the SBA Office of Advocacy’s first Chief Counsel, Carter tapped Milton Stewart, a tremendous advocate for small business who came to national prominence as the Board Chair for NSBA.   Throughout his administration, President Carter enacted a series of landmark, NSBA-supported laws that took significant steps to help America’s smallest businesses, including:  The Equal Access to Justice Act – established the right to legal remedy and repayment if the federal government unfairly imposes regulations that violate its own policies.  The Regulatory Flexibility Act – required, for the first time, federal agencies to consider the unique small business impacts of federal regulations. The law also empowered the U.S. Small Business Administration (SBA) Office of Advocacy to monitor and comment on federal regulations impacting smaller businesses.  The Paperwork Reduction Act – created the Office of Information and Regulatory Affairs (OIRA) to centralize federal agencies’ regulatory processes and to restrain the growing federal regulatory burden.  Not only did he oversee these critical laws that small businesses continually rely on today, President Carter also hosted the first White House Conference on Small Business in 1980. This highly-touted and deeply successful Conference was a convening of small-business leaders from across the country to address the key priorities of the small-business community. NSBA was instrumental in that first White House Conference on Small Business and subsequent ones, and continues to this day to urge policymakers to follow in President Carter’s footsteps and hold another one.  Additionally, President Carter enacted legislation to amend the Small Business Investment Act of 1958 that directed federal agencies award certain contracts to small businesses, particularly those that are economically or socially disadvantaged. He also heralded in a reduction to what was then an astronomically high Capital Gains tax rate—a major relief for countless family-run businesses.  NSBA will hold fondly our memories of President Carter and his support of small business. We will honor his legacy by continuing to push for policies that help individuals live the American dream—including one very special peanut farmer from Georgia.  Read more about NSBA's legacy and our work with the Carter Administration through the years in our Small-Business Timeline .

  • REGULATORY RUNDOWN | Jan. 06

    Stay two steps ahead with your small business. Subscribe to receive NSBA’s Real-Time Regulatory Updates. Register here! Regulatory Rundown: Dec. 16-30 SBA announces new SBLC licenses. On Dec. 23, the Small Business Administration (SBA) announced that the agency has granted Small Business Lending Company (SBLC) licenses to four lending institutions: Cooperative Business Services, A10 Capital, Lafayette Square, and Stonehenge Capital. The awarding of the new SBLCs marks the program’s second expansion not only during the Biden administration, but also in 40 years.  Biden signs bill funding for SBA Disaster Loan Program into law. On Dec. 21, President Biden signed the American Relief Act of 2025  into law, providing funding for SBA’s Disaster Loan Program . The funding allows SBA to resume processing urgently needed financial relief for those impacted by Hurricanes Milton, Helene, and other natural disasters nationwide. SBA announces upcoming launch of ’25 Growth Accelerator Fund Competition. On Dec. 19, SBA announced the launch of the 2025 Growth Accelerator Fund Competition (GAFC) for entrepreneur support organizations (ESOs) “focused on innovation-driven startups and entrepreneurs in underserved regions, industries, and communities to launch, grow, and scale.” The 2025 competition offers $75,000 to $150,000 in awards to organizations “to accelerate the growth and maturity of innovation ecosystems in two stages,” the first of which opens Jan. 8, 2025. Federal judge sets aside DOL expanded overtime pay rule . On Dec. 30, a federal judge in Texas became the second to strike down a Biden administration rule that sought to expand overtime pay to salaried workers. In the latest blow to the Biden-era rule, U.S. District Judge Sam Cummings issued a brief order agreeing with the reasoning laid out by another federal judge in Texas, who permanently blocked the rule in Nov. 2024. More information is available here . DOL announces final rule reinstating original Dual Jobs reg. On Dec. 17, the Department of Labor’s (DOL) Wage and Hour Division issued a final rule  removing the 2021 Dual Jobs Rule from the Code of Federal Regulations (CFR) and reinstating regulatory text as it existed in the CFR prior to the 2021 rule’s effective date. The action by DOL is consistent with an Oct. 2024 U.S. Court of Appeals for the Fifth Circuit decision vacating portions of the 2021 rule, effectively reinstating DOL’s original Dual Jobs regulation. The original regulation that has now been reinstated recognizes that an employee may be employed in both a tipped occupation as well as in a non-tipped occupation, and that an employer may take a tip credit against its minimum wage obligations only for the time the employee works in the tipped occupation. The 2021 rule sought to update the original rule by addressing the circumstances under which an employer can take a partial credit against its minimum wage obligations based on the tips received by employees. More information is available here . FTC announces second action against no-hire agreements . On Jan. 6, the Federal Trade Commission (FTC) ordered a building services contractor and its affiliated companies to cease enforcement of their no-hire agreements “that limit the ability of residential and commercial building owners from hiring building service workers” employed by the contractor. This order marks the second action the FTC has taken against no-hire agreements, the first of which  was taken in Dec. 2024 against a different building services contractor. EDA reauthorized by Congress. In Dec., Congress reauthorized the Commerce Department’s Economic Development Administration (EDA) for the first time in 20 years, allowing EDA “to continue meeting its mission of ensuring communities across the country have the resources they need to expand economic opportunity, invest in innovation, and recover from disasters.” During the Biden administration, EDA was responsible for directing nearly $6 billion in investments in over 3,000 awards nationwide. White House releases Quadrennial Supply Chain Review. On Dec. 19, the White House released the first-ever Quadrennial Supply Chain Review , an assessment of the Biden administration’s work towards strengthening U.S. supply chains. The White House, as part of the announcement of the review, announced additional actions to support U.S. businesses, more information on which can be found here .

  • NEWS | NSBA Continues to Push Congress to Prioritize Small Business

    New year, new Congress - new push for prioritizing Small Business on Capitol Hill and across Washington. The 119th Congress is now officially underway. With the re-election of House Speaker Mike Johnson (R-LA04) on Friday, legislative business officially began. First on the agenda will be the certification of President-elect Trump and Vice President-elect JD Vance’s victory in the November 2024 election. That process is expected to take place today in a Joint Session of Congress beginning at 1:00 p.m. Despite the heavy snowfall in Washington, as of writing, Congress intends to proceed with certification today. Lawmakers face an obstacle in that they are legally required to begin the special Joint Session of Congress today, and cannot proceed to other business until the election is certified; however with the snow overnight as well as plans for former President Jimmy Carter to lie in state in the Capitol rotunda on Wednesday, the window is tight.   Though they face a busy week already, we do expect Congress to hold its first votes on legislation sometime this week, likely on Thursday. The first two bills in the House are likely to be H.R.23 (The Illegitimate Court Counteraction Act – imposing sanctions on the International Criminal Court and its supporters in the case of investigation or prosecution of any U.S. persons or our allies outside the ICC’s jurisdiction) and H.R.29 (The Laken Riley Act – requiring detention of certain aliens who commit theft). However, for the next couple of weeks, Congress will be largely organizing itself and preparing for both the 60th Inaugural Ceremonies on January 20th and the first 100 days of the second Trump Administration. The major question right now in Washington is how will Congress proceed on key Trump priorities given the tight margins in both chambers. Right now, the major issue is the split between House and Senate Republican leadership over what items to address first. Senate Majority Leader John Thune (R-SD) is intent on pursuing immigration reform as the first issue of the 119th Congress, however House Speaker Mike Johnson has countered that extensions of expiring tax provisions from the 2017 Tax Cuts and Jobs Act must go first. Regardless of the path Congress chooses, NSBA will continue to monitor developments in Washington and keep fighting to ensure that small businesses are front-and-center in the 119th Congress.

  • NEWS | NSBA Submits Comments to SBA on Small-Business Contracting

    Expanded opportunities for Small-Business contracting remains a priority issue for NSBA.   In Dec. 2024, NSBA shared comments supporting the Small Business Administration’s (SBA’s) proposed rule on “Small Business Contracting: Increasing Small Business Participation on Multiple Award Contracts” (“Proposed Rule”). In essence, NSBA’s comments urge the SBA to finalize and swiftly implement this Proposed Rule incorporating the considerations outlined below in the full letter. RELATED | NSBA’s Priority Issues: Expanding Opportunities for Small-Business Contracting NSBA believes the Proposed Rule is a significant step towards leveling the playing field for small businesses, and we commend SBA’s leadership in promoting an inclusive and equitable federal procurement process that strengthens our economy. Read the full letter below, and follow NSBA as we continue advocating for additional opportunities for Small-Business contracting. ____ RIN 3245-AH95 Docket Number SBA-2024-0002 To Whom It May Concern: On behalf of the National Small Business Association (NSBA), the oldest advocacy organization for America’s small businesses, we thank you for the opportunity to submit these comments on the Small Business Administration’s (SBA) proposed rule titled “Small Business Contracting: Increasing Small Business Participation on Multiple Award Contracts” (“Proposed Rule”). As a champion for the growth and success of small businesses, we commend the SBA’s efforts to expand opportunities for small-business participation in federal contracting. In accordance with the SBA Office of Advocacy’s request , this letter will address the following: (1) whether Federal Schedule (FSS) contracts should be exempted from this proposed statutory and regulatory requirement; (2) whether Procurement Center Representatives (PCRs) should be given more authority to ensure the Proposed Rule is used to the maximum extent possible; and (3) how the Proposed Rule can be strengthened to increase the contract awards described in FAR 19.502-2 to small businesses. First, NSBA encourages SBA to include FSS contracts in the scope of the Proposed Rule. Rather than exempting these contracts, NSBA believes that SBA has the opportunity through the Proposed Rule to implement 15 U.S.C. §644(j)(1) in a way that more closely aligns with the statutory intent of setting aside contracts for small businesses under certain conditions and encouraging them to do so when possible, as described in a recent Congressional Research Service (CRS) report (p. 7). Second, NSBA believes that PCRs should be given more authority to ensure the Proposed Rule is used to the maximum extent possible. We are open to the types of authority that can be exercised by PCRs; for example, could be authorized to report cases where set-asides are not used as effectively as they should be and enable them to share this information with relevant agencies including SBA as well as industry groups in the interest of full transparency. Third, NSBA believes that the Proposed Rule’s application of the “Rule of Two” to task and delivery orders under multiple-award contracts (MACs) represents a critical step in ensuring that small businesses receive a fair share of federal contracting opportunities. Expanding the Rule of Two to MACs ensures its applicability across the federal government and is well aligned with the statutory directive under the Small Business Act, assuring a fair proportion of contracts and purchases are awarded to small businesses. While the Proposed Rule has the prospect of increasing federal contract awards for small businesses, we are cognizant that it could be circumvented by agencies. In  Tolliver Group , the Court of Federal Claims (COFC) ruled that “an agency must apply the Rule of Two before an agency can even identify the possible universe of procurement vehicles which may be utilized for a particular scope of work.” ( Tolliver Group,  151 Fed. CI. at 104). The Government Accountability Office (GAO) protested COFC’s ruling, and in  iTility, LLC  reiterated its longstanding interpretation that Congress intended to clearly delineate a distinction between a procuring agency’s mandatory set-aside obligations when establishing a contract and an agency’s discretion with respect to setting aside task or delivery orders under a MAC, i.e., indefinite delivery indefinite quantity (IDIQ) contracts. ( iTility, LLC , B-419167, Dec. 23, 2020, 2020 CPDP412 at 18). By declining to follow COFC’s ruling, agencies may be able to develop RFPs to avoid this proposed rule by creating distinct small and large contracting vehicles that render the Rule of Two useless at the ordering level, potentially eliminating revenue for small businesses. Thus, NSBA strongly recommends that SBA implement provisions that deter agencies from leveraging this loophole in the final rule. In closing, NSBA urges SBA to finalize and swiftly implement this Proposed Rule incorporating the considerations outlined in this letter. We believe the Proposed Rule is a significant step towards leveling the playing field for small businesses, and we commend SBA’s leadership in promoting an inclusive and equitable federal procurement process that strengthens our economy. Thank you for your continued dedication to supporting America’s small businesses. To discuss this comment further, please contact Rachel Grey at rgrey@nsbaadvocate.org . NSBA stands ready to assist in the implementation of this rule and to support SBA’s mission to build an equitable economy. ###

  • PRESS | CTA Confusion Continues: Nationwide Injunction is Back on

    Reinstatement of the nationwide injunction over the Corporate Transparency Act (CTA) means, once again, no BOI reports are due...for now.   FOR IMMEDIATE RELEASE Friday, Dec. 27, 2024   Contact: Molly Day 202-552-2904 mday@NSBAadvocate.org   CTA Confusion Continues: Nationwide Injunction is Back on – No BOI Reporting for Now   Washington, D.C.  – On late Thurs., Dec. 26, the Fifth Circuit Court of Appeals reversed an order in a federal case against the Corporate Transparency Act (CTA). Previously, the courts granted a stay of a preliminary injunction that barred the Dept. of the Treasury's Financial Crimes and Enforcement Network from enforcing Beneficial Ownership Information (BOI) reporting due under the CTA. Long story short: the nationwide injunction that provides a delay of the CTA is back on...for now.   This is the fifth major movement on the CTA in just a month - the first being enactment of a nationwide temporary injunction, followed by failed efforts on Capitol Hill to delay the CTA, arriving then at an appeal of the injunction, the stay of that injunction, and, most recently, reinstatement of the initial nationwide injunction over the CTA this week. Specifically, in a series of moving parts, the Dec. 23 order granted a motion to expedite appeal of the initial preliminary nationwide injunction over the CTA. As of December 27, the merits of the case have yet to be heard; briefs are now due in February, and the case is calendared for oral arguments on March 25, 2025.   Below is a statement from NSBA President and CEO Todd McCracken on the latest over the CTA:   “While we absolutely are pleased that the BOI enforcement delay is back on, this ping pong in the courts highlights why it is critical for Congress to repeal this unwelcome and unconstitutional law. NSBA is still awaiting a judgement from the Eleventh Circuit Court of Appeals in our lawsuit—the first one filed, so, more changes could be ahead for Small Businesses.   “This uncertainty is beyond frustrating for NSBA’s members and the millions of Small Businesses we represent. Since the beginning, NSBA has warned against the CTA, penalties for which could carry fines of up to $591 per DAY and up to two years of jail time, even for those well-intending Small-Business owners who may unintentionally fail to comply through the fog of the continued confusion surrounding the status of this law.   “I cannot stress enough what a major problem this back-and-forth on the status of the CTA has become, and I'd like to underscore the massive uncertainty it is creating for the millions of Small Businesses across this country. This latest action from the courts will provide some breathing room, but how much is anybody’s guess.   “NSBA will continue fighting our separate lawsuit alongside this reinstated nationwide injunction over the CTA, additionally pushing Congress to act on the CTA through legislation. At this point, anything less than full repeal is a disservice and source of avoidable instability to America's Small Businesses - the core of our communities, the foundation of our economy, and the employers of our future.   To learn more about our efforts over the CTA, as well as how this law unduly affects Small Business, visit NSBA’s CTA Resource  page.   Celebrating more than 85 years in operation, NSBA is a staunchly nonpartisan organization advocating on behalf of America’s Small-Business owners. NSBA's 65,000 members represent every state and every industry in the U.S. Please visit www.nsbaadvocate.org , and follow us at @NSBAAdvocate.   ###

  • NEWS | BOI Reporting Due Under CTA Once Again on Hold

    Down to the wire, requirements under the CTA should not be a continued source of confusion for Small-Business owners. LATE NIGHT CTA BREAKING NEWS | A last minute order from the Fifth Circuit has vacated an order granting a stay of the district court’s preliminary injunction barring the government from enforcing the Corporate Transparency Act (CTA). A stay is a usually temporary court order that stops a legal proceeding. In other words, the Financial Crimes and Enforcement Network (FinCEN) under Treasury has once again been enjoined from enforcing the beneficial ownership information (BOI) reporting requirements under the CTA. Causing additional confusion for Small-Business owners regarding compliance with BOI definitions and CTA reporting, there have been several changes by the court, as well as attempted action by Congress, right before the initial major Jan. 1, 2025, deadline for entities formed before 2024. RELATED | NSBA Maintains Position, Case that CTA Requirements are Unconstitutional For some clarity on these confusing, last-minute changes related to the CTA: Dec. 3, 2024 | A District Court in Texas issues nationwide CTA injunction Dec. 17, 2024 | House proposes one-year CTA Delay in CR, which ultimately does not receive a vote Dec. 22, 2024 | The Nationwide CTA injunction falls after it is rescinded on appeal Dec. 23, 2024, the Fifth Circuit granted an emergency motion filed by the government to stay (cancel) the preliminary nationwide injunction Dec. 23, 2024, FinCEN extends BOI filing deadline for certain small businesses to Jan. 13, 2025. Dec. 26, 2024 | An order from the Fifth Circuit reversed an earlier ruling granting a stay over the nationwide injunction RELATED | NSBA Members Remain Exempt from CTA, BOI Reporting Requirements At this time, the latest action from the court means the nationwide injunction over the CTA is back on, with the original district court injunction barring FinCEN from enforcing the BOI reporting requirements remaining in force. Should the injunction fall again, the dates under the FinCEN extensions should not be impacted - see below. Details from FinCEN about their NEW extended CTA deadlines : Under the law as written, a reporting company created or registered to do business before January 1, 2024, will have until January 1, 2025, to file its initial report. This is true even if the company was created years before 2024. That deadline has been extended to January 13, 2025. A reporting company created or registered on or after January 1, 2024, and before January 1, 2025, will have 90 calendar days after receiving notice of the company's creation or registration to file its initial report. However, under the relief granted by FinCEN, reporting companies created or registered on or after September 4, 2024, with a filing deadline between December 3, 2024 and December 23, 2024 now have until January 13, 2025 to file. Additionally, reporting companies created or registered on or after December 3, 2024, and on or before December 23, 2024, have an additional 21 days to file. Reporting companies that qualify for disaster relief may have extended deadlines that fall beyond January 13, 2025. According to FinCEN, these companies should abide by whichever deadline falls later. FinCEN also confirmed plaintiffs in National Small Business United v. Yellen, including Isaac Winkles, reporting companies for which Isaac Winkles is the beneficial owner or applicant, the National Small Business Association, and members of the National Small Business Association as of March 1, 2024, are not currently required to report their beneficial ownership information to FinCEN at this time. RELATED | NSBA Continues its Fight with Congress and Legal Action to Fully Repeal CTA In addition to reinstatement of the nationwide injunction over the CTA, NSBA’s separate case over this unconstitutional law remains pending, with the original exemption for certain NSBA members still in place. This is a developing matter. Follow NSBA as we continue closely tracking changes to the CTA alongside our fight to fully repeal this cumbersome law.

  • PRESS | Temporary CTA Injunction Reversed by Federal Appeals Court

    The Fifth Circuit Court of Appeals has reversed a temporary injunction against the Corporate Transparency Act (CTA). This means changes for Small Business. UPDATE | Hours after the nationwide beneficial ownership information (BOI) reporting injunction was rescinded, FinCEN extended a number of Corporate Transparency Act (CTA) reporting deadlines. You read that right: at this time, CTA BOI reporting requirements are back on for Small-Business owners who were not part of NSBA’s membership on or before March 1, 2024. Per FinCEN's extensions, non-NSBA member companies formed before 2024 - with a January 1, 2025, reporting deadline - now have until January 13, 2025, to comply with BOI reporting requirements due under the CTA. Non-NSBA member companies created or registered on or after December 3, 2024, and after, and entities formed before December 23, 2024, have an additional 21 days to file. While the nationwide injunction over the CTA has been rescinded, NSBA’s separate case over this unconstitutional law remains pending, with the original exemption for certain NSBA members still in place. NSBA is closely tracking this important matter that carries significant fines and includes the possibility of prison time for compliance failures. As significant as these penalties are, even with the short deadline extension from FinCEN, chaos coming from the administrating authorities of the CTA are a continued source of confusion regarding compliance among the Small-Business community, and these issues should be remedied immediately. Follow NSBA as we continue working to fully repeal the CTA. ____ FOR IMMEDIATE RELEASE Monday, Dec. 23, 2024   Contact: Molly Day 202-552-2904 mday@NSBAadvocate.org   Temporary CTA Injunction Reversed by Federal Appeals Court   Washington, D.C.  – Earlier today—just hours before most of the country goes on holiday—the Fifth Circuit Court of Appeals reversed its temporary injunction against the CTA. This means that, unless a small business was a member of NSBA as of March 1, 2024, they WILL be required to file Beneficial Ownership Reports (BOI) by Jan. 1. 2025.   Below is a statement from NSBA President and CEO Todd McCracken.   “This unwelcome roller-coaster ride couldn’t come at a worse time for America’s small businesses. Unfortunately, because the Court agreed to hear the expedited appeal in their case, the ruling came quick, reversing the few weeks of relief America’s small-business owners thought they had.   “This most recent setback comes on the back of Congress’ failure to include language to delay the CTA in its final stopgap spending bill passed late last week. Within the span of a week, small-business owners thought they had at least a few extra weeks to comply, then they thought they had a full year, now it’s just ONE week.   “This uncertainty is beyond frustrating for NSBA’s members and the millions of small businesses we represent. Since the beginning, NSBA has warned against the CTA which could force well-intending small businesses to pay fines up to $591 per DAY and up to two years of jail time.   “And now, lawmakers and the courts are effectively giving those small businesses ONE WEEK to avoid these massive fines and potential jail time. It is unconscionable.   “NSBA will continue to fight. We will not go quietly; we will push for the unconstitutional CTA to be overturned through our lawsuit and repealed by Congress. It’s what America’s small businesses deserve.”   Click here for NSBA’s CTA Resource  page.   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.   ###

  • Facebook
  • X
  • LinkedIn

CYBERSECURITY REMINDER | NSBA will ONLY email you with details specific to our org., our Leadership Council, or other NSBA programs.  We will never ask for passwords or gift cards, and we urge you to delete and report solicitations of the sort.  Stay cyber aware, and keep your small business safe!

bottom of page