DATE:
FROM: Arthuretta H. Martin, Legislative Working Group
SUBJECT: March Legislative Report
The following is a summary of proposed legislation before congress affecting small businesses doing business with the Federal Government in the 109th Congress. I have included a summary of the Class Action Protection Act of 2005 because the provisions of this Act will directly affect small businesses.
H.R.230
Title: To amend the Small Business Act to direct the Administrator of
the Small Business Administration to establish a program to provide regulatory
compliance assistance to small business concerns, and for other purposes.
Sponsor: Rep
Sweeney, John E. [NY-20] (introduced
Latest Major Action:
SUMMARY AS OF:
National Small Business Regulatory Assistance Act of 2005 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA), acting through the Associate Administrator for Small Business Development Centers, to establish a program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers), the Association for Small Business Development Centers (Association), and Federal compliance partnership programs. Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal and State regulations; and (4) technical assistance.
Directs the Administrator to contract with the Association to act as the repository of and clearinghouse for data and information submitted by Centers.
Requires the Administrator, giving substantial weight to the Association's recommendations, to select the Centers programs of two States from each of ten groups of States for participation in the program. Authorizes the Administrator to make additional selections after three years, with a preference for programs that have a plan for consulting with Federal and State agencies to ensure that assistance provided under this Act is not duplicated by any other Federal or State program. Sets forth the formula for determining program grant amounts.
Provides privacy requirements applicable to such Centers.
S.416
Title: A bill to establish a pilot program to provide low interest loans
to nonprofit, community-based lending intermediaries, to provide midsize loans
to small business concerns, and for other purposes.
Sponsor: Sen
Levin, Carl [MI] (introduced
Latest Major Action:
S.137
Title: A bill to modify the contract consolidation requirements in the
Small Business Act, and for other purposes.
Sponsor: Sen
Kerry, John F. [MA] (introduced
Latest Major Action:
SUMMARY AS OF:
Small Business Federal Contractor Safeguard Act of 2005 - Amends the Small Business Act to prohibit an official of a military department, Defense Agency, or the Department of Defense Field Activity, or the head of any other Federal agency from executing an acquisition strategy that includes a consolidation of contract requirements with a total value above specified amounts unless the senior procurement executive first: (1) conducts market research; (2) identifies any alternative contracting approaches that would involve less consolidation; and (3) determines that the consolidation is necessary and justified. Defines "consolidation of defense requirements" as the use of a solicitation to obtain offers for a single contract to satisfy two or more requirements for goods or services that have previously been provided under separate contracts for a smaller cost or are capable of being so provided.
Requires each procurement employee to communicate to their subordinates the importance of achieving small business goals and include the success of such an employee in small business utilization as an annual performance evaluation factor.
Requires small business subcontracting plans to include a certification that the offeror or bidder will acquire articles or services from small businesses in the amount used in preparing the bid or proposal.
Requires the Small Business Administration (SBA) to share subcontracting compliance review data with Federal contracting officers and to update a national centralized Government-wide database with such information.
Requires annual reports from the Associate Administrator of Business Development to the small business committees on the effectiveness of the BusinessLINC program.
H.R.527
Title: To amend the Small Business Act to direct the Administrator of
the Small Business Administration to establish a vocational and technical
entrepreneurship development program.
Sponsor: Rep
Brady, Robert A. [PA-1] (introduced
Related Bills: S.139
Latest Major Action:
SUMMARY AS OF:
Vocational and Technical Entrepreneurship Development Act of 2005 - Amends the Small Business Act to direct the Administrator of the Small Business Administration to establish a program under which the Administrator shall make grants to, or may enter into cooperative agreements with, State small business development centers to provide, on a statewide basis, technical assistance to secondary schools, or to post-secondary vocational or technical schools, for the development and implementation of curricula designed to promote vocational and technical entrepreneurship.
Provides for the minimum amount of a grant to not be less than $200,000.
Directs the association of small business development centers to act as an information clearinghouse regarding vocational and technical entrepreneurship education programs.
H.R.166
Title: To amend the Small Business Act to allow more joint ventures,
leader-follower arrangements, and teaming arrangements under the section 8(a)
minority business development program.
Sponsor: Rep
Millender-McDonald, Juanita [CA-37] (introduced
Latest Major Action:
SUMMARY AS OF:
Amends the Small Business Act to allow joint ventures,
leader-follower arrangements, and teaming agreements among qualified Capital
Ownership Development Program participants, and between participants other
small businesses, with respect to any Federal contracting opportunity.
H.R.1148
Title: To amend the Small Business Act to designate Guam, the Virgin
Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands
as historically underutilized business zones (HUBZones).
Sponsor: Rep
Bordallo, Madeleine Z. [GU] (introduced 3/8/2005)
Cosponsors
(2)
Latest Major Action: 3/8/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
S.138
Title: A bill to make improvements to the microenterprise programs
administered by the Small Business Administration.
Sponsor: Sen
Kerry, John F. [MA] (introduced 1/24/2005) Cosponsors
(1)
Latest Major Action: 1/24/2005 Referred to Senate committee. Status:
Read twice and referred to the Committee on Small Business and
Entrepreneurship.
SUMMARY AS OF:
1/24/2005--Introduced.
SBA Microenterprise Improvements Act - Amends the Small Business Act to revise the Small Business Administration's (SBA's) microloan program (a program under which SBA loans and grants are made to intermediaries, who then make loans to small businesses and provide to borrowers technical assistance, such as managerial and strategic advice) to: (1) revise eligibility requirements for microloan intermediaries; (2) increase from $7,500 to $10,000 the microloan small loan limit; (3) increase from 25 to 30 the percentage of a microloan grant that an intermediary may use to contract-out the provision of technical assistance by a third party; (4) remove the requirement that intermediaries make only short-term loans to small businesses; (5) require an annual report from the SBA to Congress on microloan amounts transferred to cover administrative expenses of technical assistance grants; (6) require the Administrator to develop a subsidy microloan program model that is more accurate than the current model; and (7) increase from 25 to 30 the percentage of technical assistance that an intermediary may provide to potential (rather than actual) borrowers.
Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to revise the Program for Investment in Microentrepreneurs (PRIME), a program to provide SBA assistance for the benefit of disadvantaged entrepreneurs through grants to qualified organizations. Authorizes a qualified organization to use grants to provide training and technical assistance to disadvantaged Native American entrepreneurs and prospective entrepreneurs. Requires each organization receiving assistance under PRIME to: (1) submit an annual activities report to the SBA; and (2) collect data on individuals counseled or trained and related information. Extends through FY 2007 the authorization of appropriations for PRIME.
H.RES.22
Title: Expressing the sense of the House of Representatives that
American small businesses are entitled to a Small Business Bill of Rights.
Sponsor: Rep
Keller, Ric [FL-8] (introduced 1/4/2005) Cosponsors
(17)
Latest Major Action: 1/4/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
SUMMARY AS OF:
1/4/2005--Introduced.
Expresses the sense of the House of Representatives that American small businesses are entitled to a Small Business Bill of Rights which includes the right to: (1) join together to purchase affordable employee health insurance; (2) tax laws that allow such businesses to survive; and (3) be free from frivolous lawsuits and restrictive regulations and paperwork.
H.R.194
Title: To amend the Small Business Act to increase the maximum amount for
which a loan can be made under the Microloan Program.
Sponsor: Rep
Sanchez, Linda T. [CA-39] (introduced 1/4/2005)
Cosponsors (None)
Latest Major Action: 1/4/2005 Referred to House committee. Status:
Referred to the House Committee on Small Business.
SUMMARY AS OF:
1/4/2005--Introduced.
Amends the Small Business Act to increase from $35,000 to $50,000 the maximum individual loan amount under the Microloan Program (a program of start-up assistance for women, low-income, veteran, and minority entrepreneurs and business owners and businesses located in economically distressed areas).
H.R.435
Title: To amend the provisions of titles 5 and 28, United States Code,
relating to equal access to justice, award of reasonable costs and fees, and
administrative settlement offers, and for other purposes.
Sponsor: Rep
Manzullo, Donald A. [IL-16] (introduced 2/1/2005)
Cosponsors
(1)
Latest Major Action: 2/1/2005 Referred to House committee. Status:
Referred to the Committee on the Judiciary, and in addition to the Committee on
Small Business, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction of
the committee concerned.
SUMMARY AS OF:
2/1/2005--Introduced.
Equal Access to Justice Reform Act of 2005 - Includes within the functions and duties of the Small Business Administration's (SBA's) Office of Advocacy ensuring that the justice system remains accessible to small businesses for the resolution of disputes with the Federal Government.
Directs the Office to advise, cooperate with, and consult with the President and Attorney General regarding provisions concerning the awarding of Federal contracts to small businesses and minority-, female-, and veteran-owned businesses.
Requires the Chief Counsel for Advocacy of the SBA to report to specified congressional committees on: (1) the effectiveness of the Equal Access to Justice Act (EAJA) in achieving its purpose of easing the burden upon small businesses of engaging in dispute resolution with the Federal Government; (2) variations in the frequency and amounts of fee awards paid by specified Federal entities; and (3) recommendations for congressional oversight or legislative changes.
Eliminates the EAJA's: (1) substantial justification standard whereby the Government can deny attorney's fees to prevailing parties if the agency's position was substantially justified; and (2) rate cap on expert witness and attorney's fees.
Sets forth provisions regarding settlement offers, declarations of intent to seek a fee award, payments from agency appropriations, and taxpayer eligibility for fee awards.
Defines "prevailing party" in EAJA cases to include a party whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought.
H.R.143
Title: To provide job creation and assistance, and for other purposes.
Sponsor: Rep
McHugh, John M. [NY-23] (introduced 1/4/2005)
Cosponsors (None)
Latest Major Action: 2/23/2005 Referred to House subcommittee. Status:
Referred to the Subcommittee on Domestic and International Monetary Policy,
Trade, and Technology.
SUMMARY AS OF:
1/4/2005--Introduced.
Rural America Job Assistance and Creation Act - Directs the Secretary of Labor to make matching grants to regional consortia meeting specified criteria to improve the job skills necessary for employment in specific industries.
Directs the Secretary of Commerce to make grants to establish and support entities that provide business incubator services (necessary to initiate and sustain operations of a newly established business, including legal, intellectual property, and technology services and planning) for small- and medium-sized businesses.
Directs the Comptroller General to study how rural infrastructure, venture capital, and Federal programs can enhance rural areas.
Amends the Worker Adjustment and Retraining Notification Act to require employer notification of Federal and State elected officials (as well as local ones) before dislocation of workers.
Amends the Immigration and Nationality Act to require submission of H-1B labor condition applications at same time as H-1B nonimmigrant classification petitions.
Amends the Internal Revenue Code to: (1) exclude certain amounts of severance payments from gross income; and (2) expand the work opportunity tax credit to include qualified small business employees.
H.RES.109
Title: Providing amounts for the expenses of the Committee on Small
Business in the One Hundred Ninth Congress.
Sponsor: Rep
Manzullo, Donald A. [IL-16] (introduced 2/16/2005)
Cosponsors (None)
Latest Major Action: 2/16/2005 Referred to House committee. Status:
Referred to the House Committee on House Administration.
SUMMARY AS OF:
2/16/2005--Introduced.
Provides amounts for the expenses of the House Committee on Small Business for the 109th Congress.
S.RES.21
Title: An original resolution authorizing expenditures by the Committee
on Small Business and Entrepreneurship.
Sponsor: Sen
Snowe, Olympia J. [ME] (introduced 1/26/2005)
Cosponsors (None)
Latest Major Action: 1/26/2005 Referred to Senate committee. Status:
Referred to the Committee on Rules and Administration.
SUMMARY AS OF:
1/26/2005--Reported to Senate, without amendment. (There
is 1 other
summary)
(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Authorizes expenditures by the Committee on Small Business and Entrepreneurship for the 109th Congress.
H.R.682
Title: To amend chapter 6 of title 5, United States Code (commonly known
as the Regulatory Flexibility Act), to ensure complete analysis of potential
impacts on small entities of rules, and for other purposes.
Sponsor: Rep
Manzullo, Donald A. [IL-16] (introduced 2/9/2005)
Cosponsors
(16)
Latest Major Action: 2/9/2005 Referred to House committee. Status:
Referred to the Committee on the Judiciary, and in addition to the Committee on
Small Business, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned.
SUMMARY AS OF:
2/9/2005--Introduced.
Regulatory Flexibility Improvements Act - Revises the Regulatory Flexibility Act. Defines the "economic impact" of a rule to include any economic effects on small entities. Includes tribal organizations within the definition of "small governmental jurisdictions." Redefines a "small organization."
Requires initial and final regulatory flexibility analyses: (1) to describe alternatives or steps taken, respectively, that maximize any significant beneficial economic impact on small entities; and (2) for revisions to land management plans, rules made on the record after opportunity for an agency hearing, and interpretive rules involving the internal revenue laws that impose a recordkeeping requirement.
Requires initial analyses of a proposed rule to contain a detailed statement (1) of the reasons why a description of duplicative, overlapping, or conflicting Federal rules could not be provided; and (2) estimating the cumulative economic impact on small entities beyond that already imposed on the class of small entities by the agency or explaining why such an estimate is not available.
Requires that final analyses include the agency's response to any comments filed on a rule by the Chief Counsel for Advocacy of the Small Business Administration and a detailed statement of any changes made as a result. Requires publication of analyses on agency websites.
Repeals provisions setting forth procedures for waiving or delaying completion of requirements for analyses.
Sets forth requirements for a report by the Chief Counsel, after a review panel is convened, assessing the impact of certain proposed rules on small entities and discussing the impact of alternatives.
Requires publication by each agency of a new plan for the periodic review of its rules that have a significant impact on a substantial number of small entities to determine whether such rules should be continued, changed, or rescinded.
Requires the Chief Counsel to issue rules governing agency compliance with the Act and authorizes the Chief Counsel to intervene in agency adjudications and inform the agency of the impact of its decision on small entities.
S.543
Title: A bill to amend the Internal Revenue Code of 1986 to expand the
availability of the cash method of accounting for small businesses, and for
other purposes.
Sponsor: Sen
Snowe, Olympia J. [ME] (introduced 3/7/2005)
Cosponsors (None)
Latest Major Action: 3/7/2005 Referred to Senate committee. Status: Read
twice and referred to the Committee on Finance.
H.R.436
Title: To amend the Investment Company Act of 1940 to provide incentives
for small business investment, and for other purposes.
Sponsor: Rep
Kelly, Sue W. [NY-19] (introduced 2/1/2005) Cosponsors
(3)
Latest Major Action: 2/1/2005 Referred to House committee. Status:
Referred to the House Committee on Financial Services.
SUMMARY AS OF:
2/1/2005--Introduced.
Increased Capital Access for Growing Business Act - Amends the Investment Company Act of 1940 to include as an "eligible portfolio company," for purposes of eligibility for investment in small- and medium-sized businesses, an issuer of securities that: (1) does not have any class of equity securities listed for trading on a national securities exchange or traded through the facilities of a national securities association; or (2) has an aggregate value of outstanding publicly traded equity securities of not more than $250 million. Allows the Securities and Exchange Commission to adjust such amount consistent with the public interest, protection of investors, and the public purpose.
Includes as an eligible business development company, also for such purposes, an investment company: (1) without any such class of equity securities; or (2) that is not an eligible portfolio company because the aggregate value of its outstanding publicly traded equity securities is more than $250 million but not more than $500 million, as long as such securities represent no more than ten percent of the total invested assets of the company.
S.240
Title: A bill to amend the Internal Revenue Code of 1986 to allow small
business employers a credit against income tax with respect to employees who
participate in the military reserve components and are called to active duty
and with respect to replacement employees and to allow a comparable credit for
activated military reservists who are self-employed, and for other purposes.
Sponsor: Sen
Kerry, John F. [MA] (introduced 2/1/2005) Cosponsors
(6)
Latest Major Action: 2/1/2005 Referred to Senate committee. Status: Read
twice and referred to the Committee on Finance.
SUMMARY AS OF:
2/1/2005--Introduced.
Small Business Military Reservist Tax Credit Act - Amends the Internal Revenue Code to allow: (1) certain small business employers (50 or fewer employees) and small manufacturers (100 or fewer employees) a tax credit for a percentage of the differential between the average daily civilian compensation and average daily military pay and allowances of their military reservist employees who are called to active duty; (2) such employers a tax credit for the hiring of temporary replacement employees; and (3) self-employed military reservists a comparable tax credit for a percentage of the differential between their average daily self-employment income and their average daily military pay and allowances.
Denies a tax credit: (1) to employers who fail to comply with employment or reemployment rights of military reservists; and (2) for employees who are called to active duty for training.
H.R.118
Title: To amend the Internal Revenue Code of 1986 to provide a
refundable tax credit to small businesses for the costs of qualified health
insurance.
Sponsor: Rep
Hooley, Darlene [OR-5] (introduced 1/4/2005)
Cosponsors (None)
Latest Major Action: 1/4/2005 Referred to House committee. Status:
Referred to the House Committee on Ways and Means.
SUMMARY AS OF:
1/4/2005--Introduced.
Keeping Small Businesses Healthy Act of 2005 - Amends the Internal Revenue Code to allow certain small business employers (100 or fewer employees) a refundable tax credit for up to 60 percent of the health insurance costs paid for their employees.
H.R.144
Title: To bridge the digital divide in rural areas.
Sponsor: Rep
McHugh, John M. [NY-23] (introduced 1/4/2005)
Cosponsors (None)
Latest Major Action: 2/4/2005 Referred to House subcommittee. Status:
Referred to the Subcommittee on Telecommunications and the Internet.
SUMMARY AS OF:
1/4/2005--Introduced.
Rural America Digital Accessibility Act - Authorizes the Secretary of Commerce to make grants or guarantee loans in order to facilitate the deployment by the private sector of broadband telecommunications networks and capabilities (including wireless and satellite services) to underserved rural areas. Limits to $100 million the total amount of such grants and loan guarantees.
Requires the Director of the National Science Foundation to research the enhancement or facilitation of broadband telecommunications services in rural and other remote areas, as well as Internet access through such services.
Amends the Internal Revenue Code to provide a tax credit to holders of qualified technology bonds (bonds representing an investment in projects to expand such telecommunications services). Sets a national technology bond limitation of $100 million for each of FY 2005 through 2009, and zero thereafter (with an exception) to be allocated by the Secretary among the qualified projects designated each year.
Directs the Secretary to provide financial assistance for the establishment and support of regional centers for the commercial use of advanced technologies by small and medium-sized businesses.
H.R.1091
Title: To amend the Internal Revenue Code of 1986 to provide for small
business tax incentives, to amend the Fair Labor Standards Act of 1938 to
increase the minimum wage and to increase the exemption for annual gross volume
of sales made or business done by an enterprise, and for other purposes.
Sponsor: Rep
English, Phil [PA-3] (introduced 3/3/2005) Cosponsors
(1)
Latest Major Action: 3/3/2005 Referred to House committee. Status:
Referred to the Committee on Ways and Means, and in addition to the Committee
on Education and the Workforce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
H.R.739
Title: To amend the Occupational Safety and Health Act of 1970 to
provide for adjudicative flexibility with regard to the filing of a notice of
contest by an employer following the issuance of a citation or proposed
assessment of a penalty by the Occupational Safety and Health Administration.
Sponsor: Rep
Norwood, Charlie [GA-9] (introduced 2/10/2005)
Cosponsors
(18)
Latest Major Action: 2/10/2005 Referred to House committee. Status:
Referred to the House Committee on Education and the Workforce.
SUMMARY AS OF:
2/10/2005--Introduced.
Occupational Safety and Health Small Business Day in Court Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to revise a requirement that, if an employer fails to file a notice of contest within 15 working days following the issuance of a citation or proposed assessment of a penalty, the citation or assessment becomes a final order not subject to review. Provides for an exception if such failure results from mistake, inadvertence, surprise, or excusable neglect.
H.R.490
Title: To amend title XXVII of the Public Health Service Act to improve
the affordability of health insurance coverage for small employers.
Sponsor: Rep
Pence, Mike [IN-6] (introduced 2/1/2005) Cosponsors
(22)
Latest Major Action: 2/25/2005 Referred to House subcommittee. Status:
Referred to the Subcommittee on Health.
S.233
Title: A bill to increase the supply of quality child care.
Sponsor: Sen
Roberts, Pat [KS] (introduced 2/1/2005) Cosponsors
(2)
Latest Major Action: 2/1/2005 Referred to Senate committee. Status: Read
twice and referred to the Committee on Health, Education, Labor, and Pensions.
SUMMARY AS OF:
2/1/2005--Introduced.
Caring for Children Act - Directs the Secretary of Health and Human Services to award grants to eligible entities to develop: (1) distance learning child care training technology infrastructures; and (2) model technology-based training courses for child care providers and child care workers, to be provided through distance learning programs made available through the infrastructure. Requires, to the maximum extent possible, that such grants be awarded in regions with the fewest training opportunities for child care providers.
Directs the Secretary to establish a demonstration program of competitive grants to States to help them provide funds to encourage the establishment and operation of small business employer-operated child care programs. Requires a State to give priority for such assistance to applicants that desire to form a consortium to provide child care in an area where such care is not generally available or accessible. Allows such consortia to include businesses, nonprofit agencies or organizations, local governments, or other appropriate entities.
H.RES.33
Title: Electing Members to certain standing committees of the House of
Representatives.
Sponsor: Rep
Clyburn, James E. [SC-6] (introduced 1/6/2005)
Cosponsors (None)
Latest Major Action: 1/6/2005 Passed/agreed to in House. Status: On
agreeing to the resolution Agreed to without objection.
SUMMARY AS OF:
1/6/2005--Passed House, without amendment.
(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Elects specified Members to the following standing committees of the House of Representatives: (1) Agriculture; (2) Appropriations; (3) Armed Services; (4) Budget; (5) Education and the Workforce; (6) Energy and Commerce; (7) Financial Services; (8) Government Reform; (9) Homeland Security; (10) International Relations; (11) Judiciary; (12) Resources; (13) Rules; (14) Science; (15) Small Business; (16) Transportation and Infrastructure; (17) Veterans' Affairs; and (18) Ways and Means.
H. Res. 33
In the House of
Representatives, U.S.,
January 6, 2005.
Resolved, That the following named Members be, and are hereby, elected to the following standing committees of the House of Representatives:
COMMITTEE ON AGRICULTURE: Mr. Peterson of Minnesota.
COMMITTEE ON APPROPRIATIONS: Mr. Obey.
COMMITTEE ON ARMED SERVICES: Mr. Skelton.
COMMITTEE ON THE BUDGET: Mr. Spratt.
COMMITTEE ON EDUCATION AND THE WORKFORCE: Mr. George Miller of California.
COMMITTEE ON ENERGY AND COMMERCE: Mr. Dingell.
COMMITTEE ON FINANCIAL SERVICES: Mr. Frank of Massachusetts.
COMMITTEE ON GOVERNMENT REFORM: Mr. Waxman.
COMMITTEE ON HOMELAND SECURITY: Mr. Thompson of Mississippi.
COMMITTEE ON INTERNATIONAL RELATIONS: Mr. Lantos.
COMMITTEE ON THE JUDICIARY: Mr. Conyers.
COMMITTEE ON RESOURCES: Mr. Rahall.
COMMITTEE ON RULES: Ms. Slaughter.
COMMITTEE ON SCIENCE: Mr. Gordon.
COMMITTEE ON SMALL BUSINESS : Ms. Velazquez.
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE: Mr. Oberstar.
COMMITTEE ON VETERANS' AFFAIRS: Mr. Evans.
COMMITTEE ON WAYS AND MEANS: Mr. Rangel.
H.RES.62
Title: Electing Members and Delegates to certain standing committees of
the House of Representatives.
Sponsor: Rep
Menendez, Robert [NJ-13] (introduced 2/2/2005)
Cosponsors (None)
Latest Major Action: 2/2/2005 Passed/agreed to in House. Status: On
agreeing to the resolution Agreed to without objection.
SUMMARY AS OF:
2/2/2005--Passed House, without amendment.
(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Elects specified Members to the House Committees on: (1) Agriculture; (2) the Budget; (3) Government Reform; (4) Resources; (5) Science; (6) Small Business; and (7) Veterans' Affairs.
H. Res. 62
In the House of
Representatives, U.S.,
February 2, 2005.
Resolved, That the following named Members and Delegates be, and are hereby, elected to the following standing committees of the House of Representatives:
(1) COMMITTEE ON AGRICULTURE- Mr. Pomeroy, Mr. Boswell, Mr. Larsen of Washington, Mr. Davis of Tennessee, Mr. Chandler.
(2) COMMITTEE ON THE BUDGET- Mr. Kind.
(3) COMMITTEE ON GOVERNMENT REFORM- Ms. Norton.
(4) COMMITTEE ON RESOURCES- Mr. George Miller of California, Mr. Markey, Mr. DeFazio, Mr. Inslee, Mr. Udall of Colorado, Mr. Cardoza, Ms. Herseth.
(5) COMMITTEE ON SCIENCE- Ms. Hooley of Oregon (to rank immediately after Ms. Woolsey), Ms. Jackson-Lee of Texas, Ms. Zoe Lofgren of California, Mr. Sherman, Mr. Baird, Mr. Matheson, Mr. Costa, Mr. Al Green of Texas, Mr. Melancon.
(6) COMMITTEE ON SMALL BUSINESS - Mr. Faleomavaega, Mrs. Christensen, Mr. Davis of Illinois, Mr. Case, Ms. Bordallo, Mr. Grijalva, Mr. Michaud, Ms. Linda T. Sanchez of California, Mr. Barrow, Ms. Bean.
(7) COMMITTEE ON VETERANS' AFFAIRS- Mr. Strickland, Ms. Hooley of Oregon, Mr. Reyes, Ms. Berkley, Mr. Udall of New Mexico.
S.432
Title: A bill to establish a digital and wireless network technology
program, and for other purposes.
Sponsor: Sen
Allen, George [VA] (introduced 2/17/2005) Cosponsors
(7)
Latest Major Action: 2/17/2005 Referred to Senate committee. Status:
Read twice and referred to the Committee on Commerce, Science, and
Transportation.
S.327
Title: A bill to amend the Internal Revenue Code of 1986 to expand the
tip credit to certain employers and to promote tax compliance.
Sponsor: Sen
Santorum, Rick [PA] (introduced 2/9/2005) Cosponsors
(1)
Latest Major Action: 2/9/2005 Referred to Senate committee. Status: Read
twice and referred to the Committee on Finance.
SUMMARY AS OF:
2/9/2005--Introduced.
Small Business Tax Equalization and Compliance Act of 2005 - Amends the Internal Revenue Code to extend the tax credit for social security taxes paid for employee cash tips to employers of cosmetologists.
Requires employers of cosmetologists to report income and tips of their cosmetologist employees and to provide income and tip information to self-employed cosmetologists to whom they pay more than $600 in the taxable year. Imposes similar reporting requirements upon individuals who rent chairs to cosmetologists. Requires such employers to provide their cosmetologist employees and self-employed cosmetologists with information on the tax and tip reporting obligations of employees and self-employed individuals.
S.406
Title: A bill to amend title I of the Employee Retirement Security Act
of 1974 to improve access and choice for entrepreneurs with small businesses
with respect to medical care for their employees.
Sponsor: Sen
Snowe, Olympia J. [ME] (introduced 2/16/2005)
Cosponsors
(12)
Related Bills: H.R.525
Latest Major Action: 2/16/2005 Referred to Senate committee. Status:
Read twice and referred to the Committee on Health, Education, Labor, and
Pensions.
H.R.56
Title: To direct the Secretary of Health and Human Services to establish
health empowerment zone programs in communities that disproportionately
experience disparities in health status and health care, and for other
purposes.
Sponsor: Rep
Christensen, Donna M. [VI] (introduced 1/4/2005)
Cosponsors
(12)
Latest Major Action: 2/4/2005 Referred to House subcommittee. Status:
Referred to the Subcommittee on Health.
SUMMARY AS OF:
1/4/2005--Introduced.
Health Empowerment Zone Act of 2005 - Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA) and the Director of the Office of Minority Health, to: (1) designate health empowerment zones and make grants in accordance with this Act; and (2) establish a health empowerment zone coordinating committee for each zone.
Authorizes the Secretary to designate a community as a health empowerment zone if a participating community partnership requests such designation and demonstrates that the community is a community of color experiencing disproportionate disparities in health status and health care.
Directs the Secretary to make grants to community partnerships to establish health empowerment zone programs to improve the health or environment of minority individuals and eliminate racial and ethnic disparities in health status and health care. Requires at least one such grant to be made to a health empowerment zone in a U.S. territory or possession. Gives preference in awarding grants to indigenous community entities with expertise in providing culturally appropriate and linguistically responsive services to communities of color.
Directs the Secretary, the Administrator of the Small Business Administration, the Secretary of Agriculture, the Secretary of Education, the Secretary of Labor, and the Secretary of Housing and Urban Development to: (1) provide assistance for such programs; (2) identify programs that may be used to further the purposes of such zones; and (3) give priority in administering identified programs to a designated community if doing so would further the purposes of the empowerment program.
S.5
Title: A bill to amend the procedures that apply to consideration of
interstate class actions to assure fairer outcomes for class members and
defendants, and for other purposes.
Sponsor: Sen
Grassley, Chuck [IA] (introduced 1/25/2005) Cosponsors
(33)
Related Bills: H.RES.96
Latest Major Action: Became Public Law No: 109-2 [GPO: Text,
PDF]
Senate Reports: 109-14
SUMMARY AS OF:
2/18/2005--Public Law. (There are 4 other
summaries)
(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)
Class Action Fairness Act of 2005 - (Sec. 3) Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members.
Prohibits a Federal district court from approving: (1) a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate; (2) a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; or (3) a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court.
Specifies requirements for serving notices of proposed settlements on appropriate State and Federal officials. Prohibits issuance of an order giving final approval to a proposed settlement earlier than 90 days after such service. Allows class members to refuse compliance with settlement agreements or consent decrees absent notice.
(Sec. 4) Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and that is between citizens of different States, or citizens of a State and a foreign State or its citizens or subjects.
Lists those factors pursuant to which a district court may, in the interests of justice and based on the totality of the circumstances, decline to exercise jurisdiction over a class action in which more than one-third but less than two-thirds of the members of the proposed plaintiff classes in the aggregate and the primary defendants are citizens of the State in which the action was originally filed, based on consideration of whether: (1) the claims involve matters of national or interstate interest; (2) the claims will be governed by laws of the State where the action was originally filed or by the laws of other States; (3) the class action has been pleaded in a manner that seeks to avoid Federal jurisdiction; (4) the action was brought in a forum with a distinct nexus with the class members, the alleged harm, or the defendants; (5) the number of citizens of the State of original filing in all proposed plaintiff classes in the aggregate is substantially larger than the number of citizens from any other State and the citizenship of other proposed class members is dispersed; and (6) during the three-year period preceding filing, one or more other class actions asserting the same or similar claims on behalf of the same persons have been filed.
Specifies those circumstances in which a district court must decline jurisdiction, including those class actions in which: (1) more than two-thirds of the members of the proposed plaintiff classes in the aggregate are citizens of the State where the action was originally filed, at least one defendant is a defendant from whom significant relief is sought, whose alleged conduct forms a significant basis for the claims asserted, and who is a citizen of the State where the action was originally filed, and principal injuries resulting from the alleged or related conduct were incurred in such State; and (2) during the three-year period preceding filing, no other class action has been filed asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons; or (3) two-thirds or more of the members of all proposed plaintiff classes in the aggregate, and the primary defendants, are citizens of the State where the action was originally filed.
Makes provisions of this Act concerning the application of Federal diversity jurisdiction applicable to any class action before or after entry of a class certification order.
(Sec. 5) Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders.
(Sec. 6) Directs the Judicial Conference of the United States to report on class action settlements, incorporating recommendations for best court practices to ensure fairness for class members and appropriate fees for counsel.
(Sec. 7) States that amendments to Federal Rule of Civil Procedure 23 (governing class actions) set forth in the Supreme Court order entered on March 27, 2003, shall take effect on the date of enactment of this Act or on December 1, 2003, whichever occurs first.
(Sec. 8) Retains the authority of the Supreme Court and Judicial Conference to propose and prescribe general rules of practice and procedure.
S.457
Title: A bill to require the Director of the Office of Management and
Budget to issue guidance for, and provide oversight of, the management of
micropurchases made with Governmentwide commercial purchase cards, and for
other purposes.
Sponsor: Sen
Collins, Susan M. [ME] (introduced 2/18/2005)
Cosponsors
(1)
Latest Major Action: 2/18/2005 Referred to Senate committee. Status:
Read twice and referred to the Committee on Homeland Security and Governmental
Affairs.