Congressional Update
With only four weeks scheduled for the remainder of 2025, Congress is prioritizing passage of the National Defense Authorization Act (NDAA), which will likely be the last legislative vehicle this year. Even so, both Chambers are actively pursuing opportunities to pass individual bills and prepare for an active legislative agenda in Q1 2026. Last week, the US House of Representatives passed the REFINER Act which is described as ensuring U.S. refineries are being used effectively to produce the oil, gas, and other critical feedstocks. The House also passed the Unlocking our Domestic LNG Potential Act to expand American energy production and infrastructure by removing U.S. LNG export restrictions.
Energy Choice Act Moves Out of Committee
On November 19, the House Energy Subcommittee approved the Energy Choice Act which represents growing support for protecting energy affordability, reliability, and consumer choice. The Energy Choice Act would prevent governments from blocking any energy source, from heating oil to renewable biofuels. It protects choice, fuels competition, and keeps low-carbon options like renewable diesel in play. This legislation is supported by NEFI, EMA, NPGA, PHCC, and other national industry groups.
Federal Legislation Fix to Penny Shortage
The penny is officially on its way out and small retailers are running out of time to adapt. In May 2025, at President Trump’s direction, the U.S. Treasury ended production of the penny with the last penny shipments to Federal Reserve coin distribution centers occurring in August 2025. With no fresh supply, the existing pool of pennies will dwindle, leaving cash-reliant businesses unable to make exact change. Retailers are increasingly concerned that this unavoidable shortfall could put them at odds with state consumer-protection laws and are urgently seeking clear federal guidance.
Without a federal fix to the penny shortage, states and localities with “exact change” laws could ban rounding entirely, forcing retailers into legal gray zones or costly compliance headaches. In an era of inflation and supply-chain volatility, small businesses cannot absorb another avoidable regulatory burden.
Bipartisan federal legislation now pending in Congress can address this problem, but only if it includes explicit federal preemption allowing retailers to round cash transactions to the nearest nickel. The Common Cents Act of 2025 (H.R. 3074 / S. 1525) – sponsored by Reps. McClain (R-MI) and Garcia (D-AZ) and Sens. Lummis (R-WY) and Gillibrand (D-NY) – aims to solve the penny shortage, yet the current draft does not include language protecting small businesses that simply cannot provide exact change.
EMA urges lawmakers to support small business retailers by making changes to the Common Cents Act to add clear federal preemption and rounding authority to the nearest nickel for cash transactions, effective immediately or within 30-90 days of enactment, rather than one year. This straightforward update will ensure businesses can comply with the law, serve customers efficiently, and navigate an increasingly uncertain currency landscape.
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