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Small Biz Straight Talk

Friday, May 15, 2009

News from Ranking Member Sam Graves and Committee Republicans:
(Please send any member media activity to
angela.landers@mail.house.gov)

• Rep. Schock to suspend the payroll tax for small businesses and their employees for six months:
“HERE'S HOW TO SPELL ECONOMIC R-E-L-I-E-F”
• Rep. Luetkemeyer's Bill Expanding Opportunities for Small Businesses Heads to House for Consideration

Must-Reads from the Week:
• Boston Herald: “Small biz needs more from Obama”
• Washington Times: “Small-business advocate taunts health providers”

Administration and the SBA:
• This week President Obama vowed to have a healthcare reform bill on the floor of the House of Representatives before the August Recess.  This came as healthcare executives met with the President on Monday to pledge to reduce healthcare costs by $2 trillion over the next decade.  The pledge does not cut overall cost, but rather limits its rate of growth.  It is uncertain how President Obama expects to pay for a national healthcare plan, but small businesses remain concerned about costly mandates. 

Review of House Activity:
• On Thursday afternoon, the House of Representatives passed a war supplemental bill by a vote of 368-60.  Among other things, the $96.7 billion supplemental funds ongoing war and intelligence operations in Iraq and Afghanistan.  The package also provides funding for our troops, including personnel expenses, basic pay, housing, bonus pay for active duty, retention bonuses, and enlistment bonuses.  Next week, the House may consider a conference report to H.R. 2346 which, if passed, would send the bill to the White House for the President’s signature.

• On Wednesday, the House unanimously passed the Weapons Acquisition System Reform Through Enhancing Technical Knowledge and Oversight Act of 2009 or WASTE TKO Act.  The legislation makes significant changes to DOD’s major acquisitions programs to lower cost to the taxpayer, save time, add transparency to the procurement process, and ensure that we get the weapons capabilities we need to keep America safe.  This bill is headed to a closed conference where differences with the Senate bill will be resolved. 

Legislation and Letters Circulating Around the House:
(If you would like to publicize your small business effort in Congress, please email Paul J. Sass at
Paul.Sass@mail.house.gov)

• Rep. Hunter (R-CA) Seeks Cosponsors for the ADA Notification and Compliance Act-Rep. Duncan Hunter is seeking cosponsors for legislation to protect small businesses from predatory lawsuits that allege access violations of the Americans with Disabilities Act (ADA).   H.R. 2397, the ADA Notification and Compliance Act, provides business owners, upon receiving notice of possible ADA violations, with 90 days to make corrections before legal action can begin.  The legislation also provides an opportunity for a 30 day extension period if determined necessary.  For more information, or to sign on as a co-sponsor, please contact Joe Kasper at joe.kasper@mail.house.gov or at 5-5672.   

• Rep. Latta (R-OH) Seeks Co-Sponsors for the Responsible Reinvestment Act of 2009 (HR 1763) - Rep. Bob Latta is seeking cosponsors for the Responsible Reinvestment Act of 2009.  Small businesses continue to bear the burden of this economic slowdown, and they need relief to be able to survive and continue to remain in business.  This legislation focuses on areas that will not only help small businesses grow throughout the country, but also help put our neighbors back to work.  Specifically, the bill includes a 20% tax cut for small businesses, equal to 20% of total income for the business; permanently repeals the estate tax; increases expensing for small businesses to $500,000; full first year expensing for farm and manufacturing equipment; and full deductibility for the self employment tax in relation to health premiums.  The future of our country depends on a proactive approach to creating viable solutions for small business owners to succeed and remain profitable.  Small businesses are the lifeline and heartbeat of our nation’s economy as these are the companies that we rely on for products and services.  For more information, or to co-sponsor HR 1763, please contact Allison Witt at allison.witt@mail.house.gov or 5-6405.

 Review of Senate Activity:
• The Senate is scheduled to complete consideration of the Credit Cardholders' Bill of Rights Act.  The bill prohibits a creditor from adjusting any annual percentage rate on preexisting balances, except in certain circumstances.  The bill also restricts a creditor’s ability to charge delinquency fees and impose charges on overdue interest. 

• The Senate Small Business and Entrepreneurship Committee held a hearing yesterday on how the small business provisions of the American Recovery and Reinvestment Act are being implemented and to find alternative sources of financing for small business owners.  The hearing’s focus was on increasing access to capital for small business, a common theme discussed by both chambers over the course of the year.  To read more about the hearing’s discussion than please visit the Senate Committee's website.

House Small Business Committee hearing summary this week:
• This week, the House Committee on Small Business held a hearing entitled “The Role of Small Business Suppliers and Manufacturers in the Domestic Auto Industry.”  The hearing focused on the state of manufacturers that supply the auto industry with the parts needed to assemble vehicles and how federal programs are addressing their recent problems.  Hearing participants highlighted how the Auto Supplier Support program, the primary federal program aimed at assisting suppliers, is not meeting the needs of lower tier suppliers.  Hearing participants included:

• Carl Reed on behalf of the Association for Manufacturing Technology
• Wes Smith on behalf of the Motor and Equipment Manufacturers Association
• Ron Overton on behalf of the National Tooling and Machining Association and the Precision Metalforming Association
• Jim Jones on behalf of the National Association of Surface Finishers
• Chris Norch on behalf of the American Foundry Society

Ranking Member Graves said that improving the supplier support program was an important first step, but said small suppliers would be hurt by proposed cap and trade legislation, card check, and nationalized healthcare.  Graves also mentioned a need to address China’s currency manipulation and piracy issues and we must be aware of the negative effects increased taxes will have on the business community.  Graves warned that certain actions will negate the billions of dollars already given to Chrysler, GM and select suppliers.  Chris Norch with the American Foundry Society said, “We operate under extremely tight margins, and higher energy cost could ultimately mean the difference between staying in business or having to shut the plant doors.”  Carl Reed mentioned that the supplier support program “does not reach nearly far enough across and down the supply chain,” and highlighted the need to reevaluate the program.     

For more information on this hearing, please contact Paul Sass with the House Committee on Small Business Republican office, at (202) 225-5821.

• This week the Subcommittee on Oversight and Investigations held a hearing entitled, “The Consumer Product Safety Improvement Act and Small Business.”  The witnesses were: the Hon. Nancy A. Nord, Acting Chairman, United States Consumer Product Safety Commission, Bethesda, MD; Ms. Laurel Schreiber, Owner, Lucy’s Pocket, Allison Park, PA; Ms. Suzi Lang, Owner, Starbright Baby, Boalsburg, PA; Ms. Susan Baustian, Director, Once Upon a Child, Winmark Corp., Minneapolis, MN; Anthony Vittone, Esq., Vice President & General Counsel, Swimways Corp., Virginia Beach, VA; David McCubbin, Partner, McCubbin Hosiery, LLC, Oklahoma City, OK.   Commissioner Nord testified that she understood the problems facing small business owners, particularly with respect to removal of existing inventory and unnecessary testing for products that cannot harm children.  The Commissioner noted that the stays of enforcement were not an adequate solution to the long-term problems created by the Consumer Product Safety Improvement Act (CPSIA).  Commissioner Nord stated that the Commission’s ability to ameliorate the situation was constrained by the overly prescriptive nature of the CPSIA. 

The private sector witnesses all noted that there businesses faced grave consequences if either statutory or regulatory changes were not made.  Owners of home-based craft businesses stated they would have to shut their businesses because they could afford the testing requirements of the CPSIA.  Other private sector witnesses did not mention imminent closure but noted that their costs would skyrocket if changes were not made and their businesses would be subjected to open-ended liabilities for products that have no harmful constituents or could not possibly harm children. 

The Chair and Ranking Member noted that this hearing was the first step in an effort to take appropriate legislative action to remedy the problems facing small business owners.

Other Small Business off the Hill:
• The National Small Business Association released its 2009 Small Business Credit Card Survey. 

Looking Forward:
House Small Business Committee hearings next week:
• Full Committee Hearing, May 20, 2009, 10:00AM entitled, “Heroes of Small Business,”  2360 Rayburn House Office Building
• Subcommittee on Regulations and Healthcare Hearing, May 14, 2009, 10:00AM, entitled, “Impacts of Outstanding Regulatory Policy on Small Biofuels Producers and Family Farmers,”  2360 Rayburn House Office Building