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| Competitiveness Progress Report |

109th Congress Accomplishments

| Health Care Security | Bureaucratic Red Tape Termination | Lifelong Learning | Energy Self-Sufficiency and Security | Innovation and Investment | Trade Fairness and Opportunity | Tax Relief and Simplification | Ending Lawsuit Abuse |

HEALTH CARE SECURITY accomplishments

HR 5 - Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act
» Click here for details on HR 5
» Passed the House

HR 525 - Small Business Health Fairness Act
» Click here for details on HR 525
» Passed the House

HR 3204 - State High Risk Pool Funding Extension Act
» Click here for details on HR 3204
» Passed the House

S 1395 - Controlled Substances Export Reform Act
» Click here for details on S 1395
» Passed the House

S 544 - Patient Safety and Quality Improvement Act
» Click here for details on S 544
» Passed the House

S 45 - To amend the Controlled Substances Act to lift the patient limitation on prescribing drug addiction treatments by medical practitioners in group practices
» Click here for details on S 45
» Passed the House

 

BUREAUCRATIC RED TAPE TERMINATION accomplishments

HR 739 – Occupational Safety and Health Small Businesses Day in Court Act
Title I: Occupational Safety and Health Small Business Day in Court Act of 2005 - 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.
» Click here for details on HR 739
» Passed the House

NOTE: HR 740, HR 741 and HR 742 were all passed as HR 739

HR 740 – Occupational Safety and Health Review Commission Efficiency Act
Title II: Occupational Safety and Health Review Commission Efficiency Act of 2005 - Occupational Safety and Health Review Commission Efficiency Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to increase the membership of the Occupational Safety and Health Review Commission (OSHRC) from three to five.

Includes an individual's legal training among possible qualifications for OSHRC membership.

Authorizes the President to extend for up to 365 days the term of an OSHRC member until a nominated successor is confirmed to serve by the Senate.
» Click here for details on HR 740
» Passed the House

HR 741 – Occupational Safety and Health Independent Review of OSHA Citations Act
Title III: Occupational Safety and Health Independent Review of OSHA Citations Act of 2005 - Occupational Safety and Health Independent Review of OSHA Citations Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to revise requirements for judicial review of orders by the Occupational Safety and Health Review Commission (OSHRC), which is the agency for independent review of citations issued by the Occupational Safety and Health Administration (OSHA) against businesses for violations of the OSH Act.

Requires deference to be given to reasonable conclusions of OSHRC (rather than OSHA) with respect to all questions of law that are subject to agency deference under governing court precedent.
» Click here for details on HR 741
» Passed the House

HR 742 – Occupational Safety and Health Small Employer Access to Justice Act
Title IV: Occupational Safety and Health Small Employer Access to Justice Act of 2005 - Occupational Safety and Health Small Employer Access to Justice Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings.

Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $7 million at the time of: (1) the initiation of the administrative proceedings (in the case of an adversary adjudication); or (2) the filing of the action addressed in the court proceedings (in the case of judicial review of an administrative action).

Provides for such awards without regard to whether the position of the Secretary of Labor or the Federal Government was substantially justified or whether special circumstances make an award unjust.
» Click here for details on HR 742
» Passed the House

HR 3505 – Financial Services Regulatory Relief Act
» Click here for details on HR 3505
» Passed the House

 

LIFELONG LEARNING accomplishments

HR 758 – To establish an interagency aerospace revitalization task force to develop a national strategy for aerospace workforce recruitment, training and cultivation
» Click here for details on HR 758
» Passed the House

HR 609 – College Access and Opportunity Act
» Click here for details on HR 609
» Passed the House

 

ENERGY SELF-SUFFICIENCY AND SCIENCE accomplishments

HR 1345 - Energy Policy Act of 2005 Conference Report
» Click here for details on HR 1345
» Passed the House

HR 3893 - Gasoline for Americas Security Act
» Click here for details on HR 3893
» Passed the House

HR 5429 – American-Made Energy and Good Jobs Act
» Click here for details on HR 5429
» Passed the House

 

INNOVATION AND INVESTMENT accomplishments

HR 3 – Transportation Equity Act: A Legacy for Users
» Click here for details on HR 3
» Passed the House

HR 250 - Manufacturing Technology Competitiveness Act
» Click here for details on HR 250
» Passed the House

HR 3945 – Hurricane Katrina Financial Services Relief Act
» Click here for details on HR 3945
» Passed the House

S 467 – Extend the applicability of the Terrorism Risk Insurance Act of 2002
» Click here for details on S 467
» Passed the House

HR 5143 – H-Prize Act
» Click here for details on HR 5143
» Passed the House

 

TRADE FAIRNESS accomplishments

HR 3283 - United States Trade Rights Enforcement Act
» Click here for details on HR 3283
» Passed the House

HR 3045 - Dominican Republic-Central America-United States Free Trade Agreement Implementation Act
» Click here for details on HR 3045
» Passed the House

HR 4340 - United States-Bahrain Free Trade Agreement Implementation Act
» Click here for details on HR 4340
» Passed the House

HR 32 - United States-Bahrain Free Trade Agreement Implementation Act
» Click here for details on HR 32
» Passed the House

TAX RELIEF AND SIMPLIFICATION accomplishments

HR 4297 – Tax Relief Extension Reconciliation Act
» Click here for details on HR 4297
» Passed the House

HR 4440 – Gulf Coast Opportunity Zone Act
» Click here for details on HR 4440
» Passed the House

HR 4388 – Tax Revision Act
» Click here for details on HR 4388
» Passed the House

HR 4096 – Extend the Alternative Minimum Tax relief for 2006
» Click here for details on HR 4096
» Passed the House

 

ENDING LAWSUITE ABUSE accomplishments

S 397 - Protection of Lawful Commerce in Arms Act
» Click here for details on S 397
» Passed the House

HR 554 - Personal Responsibility in Food Consumption Act
» Click here for details on HR 554
» Passed the House

HR 420 - Lawsuit Abuse Reduction Act
» Click here for details on HR 420
» Passed the House

 

 

108th Congress Accomplishments

| Health Care Security | Bureaucratic Red Tape Termination | Lifelong Learning | Energy Self-Sufficiency and Security | Innovation and Investment | Trade Fairness and Opportunity | Tax Relief and Simplification | Ending Lawsuit Abuse |

HEALTH CARE SECURITY accomplishments

HR 4279 - Flexible Spending Accounts (FSA's) Reforms
To amend the Internal Revenue Code of 1986 to provide for the disposition of unused health benefits in cafeteria plans and flexible spending arrangements, to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system, and to amend title I of the Employee Retirement Income Security Act of 1974 to improve access and choice for entrepreneurs with small businesses with respect to medical care for their employees.
» Click here for details on HR 4279
» Passed the House

HR 4280 - Medical Malpractice Liability Limitation
To improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.
» Click here for details on HR 4280
» Passed the House

HR 4281 - Small Business Health Fairness Act (AHPs)
To amend title I of the Employee Retirement Income Security Act of 1974 to improve access and choice for entrepreneurs with small businesses with respect to medical care for their employees.
» Click here for details on HR 4281
» Passed the House

 

BUREAUCRATIC RED TAPE TERMINATION accomplishments

H.R. 2728 - The Occupational Safety and Health Small Business Day in Court Act
To amend the Occupational Safety and Health Act of 1970 to provide for adjudicative flexibility with regard to an employer filing of a notice of contest following the issuance of a citation by the Occupational Safety and Health Administration. Provides to OSHA litigants the same right as litigants in every other federal court in the country.
» Click here for details on HR 2728
» Passed the House

H.R. 2729 - The Occupational Safety and Health Review Commission Efficiency Act
Increases the membership of the Occupational Safety and Health Review Commission (OSHRC) from 3 to 5 members to ensure that cases are reviewed in a timely fashion.
» Click here for details on HR 2729
» Passed the House

H.R. 2730 - The Occupational Safety and Health Independent Review of OSHA Citations Act
Restores independent review of citations issued by OSHA by ensuring that the OSHRC, not OSHA, is the party that interprets the law.
» Click here for details on HR 2730
» Passed the House

H.R. 2731 - The Occupational Safety and Health Small Employer Access to Justice Act
To amend the Occupational Safety and Health Act of 1970 to provide for the award of attorney's fees and costs to very small employers when they prevail in litigation prompted by the issuance of citations by the Occupational Safety and Health Administration. This levels the playing field for small business owners and encourages OSHA to better assess the merits of a case before it brings unnecessary enforcement to actions to court against small businesses.
» Click here for details on HR 2731
» Passed the House

H.R. 2432 - The Paperwork and Regulatory Improvements Act
• H.R. 2432 requires the Office of Management and Budget (OMB), in concert with the Internal Revenue Service (IRS), to conduct a review and then report to Congress on possible actions to reduce tax paperwork burden imposed on small business.
• H.R. 2432 provides Congress with a needed permanent analytic capability to serve as a check and balance on the Executive Branch's cost-benefit estimates of its proposed and final regulations and their consistency with Congressional intent.
• Under current law, OMB is required to submit an annual regulatory accounting statement "with" the President's fiscal Budget.
• To date, the usefulness of these reports has been undermined since they have not been integrated with the Budget, i.e., they do not permit Congress to review simultaneously the on-budget and off-budget costs associated with each Federal agency and each Federal agency program imposing regulatory or paperwork burdens on the public.
• H.R. 2432 improves the utility of these reports to Congress by ensuring such simultaneous review.
• Currently, there is no end to regulatory burdens imposed on the public, including both large and small business. H.R. 2432 requires a first-ever multi-agency study of regulatory budgeting to determine if agencies can better manage regulatory burdens on the public.
» Click here for details on HR 2432
» Passed the House

 

LIFELONG LEARNING accomplishments

H.R. 4409 - the Teacher Training Enhancement Act.
Enacted in January 2002, the bipartisan No Child Left Behind Act calls for a highly qualified teacher in every public school classroom by the close of the 2005 - 2006 school year. To help answer that call, the Teacher Training Enhancement Act will strengthen teacher training programs by improving accountability and expanding innovative opportunities to train the teachers of tomorrow. The bill, authored by Rep. Phil Gingrey (R-GA), aligns teacher training programs with the high standards and quality of NCLB, and will help prospective teachers gain the skills and knowledge they need to become highly qualified.

» Click here for details on HR 4409
» Passed the House

H.R. 4410 - the Teacher Shortage Response Act.
America's states and schools are striving to meet the high standards and accountability of NCLB. Yet a lack of highly qualified teachers in math, science, and special education - particularly in high-need, rural, or urban schools - is posing a challenge for schools seeking to ensure every child learns from a highly qualified teacher. To address this shortage, Rep. Joe Wilson (R-SC) introduced the Teacher Shortage Response Act to more than triple the loan forgiveness available to math, science, and special education teachers, along with reading specialists, who serve in high-need schools for five years. For highly qualified teachers in these high-demand subjects, the bill will provide up to $17,500 in loan forgiveness. That is more than triple the $5,000 in current law, and will provide a strong incentive to assist states and schools recruit and retain the highly qualified teachers they need.

» Click here for details on HR 4410
» Passed the House

H.R. 4411 - the Priorities for Graduate Studies Act.
The shortage of highly qualified math, science, and special education teachers extends beyond the nation's K-12 classrooms. A lack of faculty at the graduate level to train the teachers of tomorrow is also contributing to these shortages, and must be addressed to fortify the pipeline of highly qualified teachers. To increase faculty in these high-demand subject areas, the Priorities for Graduate Studies Act will target federal aid for graduate studies to these subject areas. The bill, introduced by Rep. Max Burns (R-GA), places a priority on these subject areas for graduate fellowship programs in the Higher Education Act.

» Click here for details on HR 4411
» Passed the House

H.R. 444 - the Worker Reemployment Accounts Act.
This legislation, introduced by Rep. Jon Porter (R-NV), offers new assistance for unemployed workers. Similar to a pilot proposal offered by President Bush earlier this year, the bill allows demonstration and pilot project funding under the Workforce Investment Act (WIA) to be used by states and local workforce investment boards to offer personal reemployment accounts (PRAs) of up to $3,000 to help unemployed Americans return to work quickly.
» Click here for details on HR 444
» Passed the House

 

ENERGY SELF-SUFFICIENCY AND SCIENCE accomplishments

H.R. 4503 - Energy Policy Act of 2004.
To enhance energy conservation and research and development, to provide for security and diversity in the energy supply for the American people, and for other purposes.
» Click here for details on HR 4503
» Passed the House

H.R. 4513 - Renewable Energy Project Sitting Improvement Act
To provide that in preparing an environmental assessment or environmental impact statement required under section 102 of the National Environmental Policy Act of 1969 with respect to any action authorizing a renewable energy project, no Federal agency is required to identify alternative project locations or actions other than the proposed action and the no action alternative, and for other purposes.
» Click here for details on HR 4513
» Passed the House

H.R. 4517 - U.S. Refinery Revitalization Act
To provide incentives to increase refinery capacity in the United States.
» Click here for details on HR 4517
» Passed the House

 

INNOVATION AND INVESTMENT accomplishments

H.R. 4218 - High-Performance Computing Revitalization Act.
Changes language to encourage research and development to generate fundamental scientific and technical knowledge with the potential of advancing high-performance computing and networking systems and their applications.
» Click here for details on HR 4218
» Passed the House

H.R. 4516 - Department of Energy High-End Computing Revitalization Act.
To require the Secretary of Energy to carry out a program of research and development to advance high-end computing.
» Click here for details on HR 4516
» Passed the House

H.R. 3980 - National Windstorm Impact Reduction Act.
To establish a National Windstorm Impact Reduction Program. Doing Research and Development that could reduce the costs to businesses that regularly deal with Windstorms damage.
» Click here for details on HR 3980
» Passed the House

H.R. 1856 - Harmful Algal Bloom and Hypoxia Research Amendments Act.
To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, and for other purposes.
» Click here for details on HR 1856
» Passed the House

H.R. 3598 - Manufacturing Technology Competitiveness Act.
To establish an interagency committee to coordinate Federal manufacturing research and development efforts in manufacturing, strengthen existing programs to assist manufacturing innovation and education, and expand outreach programs for small and medium-sized manufacturers, and for other purposes.
» Click here for details on HR 3598
» Passed the House

 

TRADE FAIRNESS accomplishments

H.R. 4759 - United States-Australia Free Trade Implementation. The agreement will eliminate tariffs on most bilateral trade in goods, and also ensures fair, nondiscriminatory treatment in most areas of bilateral trade in services, government procurement, and in foreign investment. USAFTA provides immediate access to Australia's large market for agricultural products, financial services, electronic commerce, and investment.
» Click here for details on HR 4759
» Passed the House

H.R. 4842 - United States -Morocco Free Trade Implementation.
The FTA is intended to strengthen bilateral ties, boost trade and investment flows, and bolster Morocco's position as a moderate Arab state. More than 95% of bilateral trade in consumer and industrial products will become duty-free upon entry into force of the agreement.
» Click here for details on HR 4842
» Passed the House

H.R. 4418 - Customs Border Security and Trade Agencies Authorization Act of 2004.
To authorize appropriations for fiscal years 2005 and 2006 for the Bureau of Customs and Border Protection and the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security, for the Office of the United States Trade Representative, for the United States International Trade Commission, and for other purposes.
» Click here for details on HR 4418
» Passed the House

H. Res. 705 - A resolution urging the President to resolve the disparate treatment of direct and indirect taxes presently providing by the World Trade Organization.
For thirty years, the GATT-WTO has allowed EU Member nations and many other countries to exempt from tax their exports, in the form of rebates of their Value Added Tax (VAT). At the same time the U.S. must fully tax our exports through both the corporate income tax as well as their VAT.
» Click here for details on HRes 705
» Passed the House

H Res. 576 - A resolution urging the Government of the People's Republic of China to improve its protection of intellectual property rights.
Urges the Chinese Government continue to change laws and enforce intellectual property rights laws, to bring China in compliance with international standards in patent, trademark, copyright, trade secret, and other intellectual property laws. This will help to protect American investments in Research and Development of high tech materials, from medicines to computer technology.
» Click here for details on HRes 576
» Passed the House

 

TAX RELIEF AND SIMPLIFICATION accomplishments

HR 4840 - To amend the Internal Revenue Code of 1986 to simplify the taxation of business. Preserves cash accounting method for small businesses. Repeals "deadwood" provisions in the tax code to eliminate outdated provisions and unnecessary language. Extends enhanced Section 179 expensing for small businesses for two years.
» Click here for details on HR 4840
» Passed the House

H.R. 4841 - To amend the Internal Revenue Code of 1986 to simplify certain tax rules for individuals. As many as 1.6 million more Americans could file their annual taxes using the one page 1040EZ instead of the complicated 1040. The bill raises eligibility to use the 1040EZ from the current income limit of $50,000 to $100,000, and would also allow taxpayers with interest income to use the short form. The $50,000 income limit was set in 1982 and has not been adjusted for inflation since that time. The Act also reverses the controversial IRS "Birthday Rule," adding a year to ones age before they are born. The bill also eliminated or rewrites what is known as "deadwood" provisions - IRS codes that are outdated or no longer necessary. The recommendations make no change in the amount of taxes collected but make the process simpler for millions of Americans and small businesses.
» Click here for details on HR 4841
» Passed the House

 

ENDING LAWSUITE ABUSE accomplishments

H.R. 1787 Good Samaritan Volunteer Firefighter Assistance Act.
This bill is intended to encourage increased donation of surplus firefighting equipment to volunteer firefighting departments by removing civil liability barriers that keep corporations, individuals, and professional firefighting entities from donating surplus equipment rather than destroying or "mothballing" it. Anecdotal evidence suggests that many potential donors of volunteer firefighting equipment (usually professional entities upgrading equipment with old equipment as surplus) do not currently donate such equipment because of liability fears.
» Click here for details on HR 1787
» Passed the House

H.R. 1084 Volunteer Pilot Organization Protection Act.
Amends the Volunteer Protection Act of 1997 to include volunteer pilots and volunteer pilot organizations within the scope of its protections. Under present law, nonprofit volunteer pilot organizations and their pilots that provide life-saving medical flights without compensation are vulnerable to costly, often frivolous litigation that undermines the ability of these organizations to provide critical volunteer flight services in a timely manner. In addition, institutions that refer patients to volunteer pilot organizations are presently subject to legal jeopardy. H.R. 1084 protects and promotes the important work of volunteer pilot organizations by creating limited protection against liability to volunteer pilot organizations so that they are able to procure necessary insurance and continue their important operations.
» Click here for details on HR 1084
» Passed the House

H.R. 4571 Lawsuit Abuse Reduction Act.
restore mandatory sanctions for filing frivolous lawsuits in violation of Rule 11 of the Federal Rules of Civil Procedure;
restore the opportunity for monetary sanctions, including attorneys' fees and compensatory costs, against any party making a frivolous claim;
abolish Rule 11's current "free pass" provision (in Rule 11 since it was amended in 1993) which allows lawyers to avoid sanctions for making frivolous claims by simply withdrawing frivolous claims within 21 days after a motion for sanctions has been filed;
restore the opportunity for sanctions for abuses of the discovery process (the process by which lawyers on each side of a case request information from the other side prior to trial);
allow Rule 11's provisions preventing frivolous lawsuits to apply to state cases in which a state judge finds the case affects interstate commerce by threatening jobs and economic losses to other states;
prevent forum shopping (the notorious practice by which personal injury attorneys cherry-pick courts and bring lawsuits in jurisdictions that consistently hand down astronomical awards, even when the case has little or no connection to the state or locality) by requiring that personal injury cases be brought only where the plaintiff resides, where the plaintiff was allegedly injured, or where the defendant's principal place of business is located.
» Click here for details on HR 4571
» Passed the House