Omnibus Small Business Act of 1991

Omnibus Small Business Act of 1991 - Title I: Cabinet Level Status for Administrator of the Small Business Administration - Expresses the sense of the Congress that the Administrator of the Small Business Administration should be designated by the President as a full-fledged member of the Cabinet, to serve as the President's principal advisor on all small business matters.

Amends Federal law to raise the Administrator's pay to an executive level commensurate with cabinet status.

Title II: Judicial Review Under Regulatory Flexibility Act - Amends the Regulatory Flexibility Act to repeal the proscription against judicial review of agency determinations regarding regulatory flexibility.

Title III: Study of Impact of Regulatory Analysis Upon Small Business - Requires the Chief Counsel for Advocacy of the Small Business Administration to study the impact of Federal regulatory paperwork and tax requirements upon small business.

Title IV: Relief from Retroactive Application of Treasury Department Regulations and Rulings - Amends the Internal Revenue Code to provide that all final, temporary, or proposed regulations and rulings issued by the Secretary of the Treasury shall apply prospectively from the date of their publication in the Federal Register.

Title V: Increase in Amount of Deductions for Health Insurance Costs of Self-Employed Individuals - Amends the Internal Revenue Code to increase the amount of deductions for health insurance costs for self-employed individuals from 25 percent to 100 percent of the amount of insurance paid during the taxable year.

Title VI: S Corporations - Amends the Internal Revenue Code to increase from 35 to 50 the maximum number of shareholders of a small business corporation.

Title VII: Fair Labor Standards Act - Amends the Fair Labor Standards Act of 1938 with respect to minimum wage and maximum hours to include within its purview workers engaged in industrial homework. Includes within the purview of the Act's sex discrimination provisions employees engaged in commerce or in the production of goods for commerce. Extends the Act's provisions to handicapped workers engaged in commerce or the production of goods for commerce.

 
HR 345 IH
102d CONGRESS
1st Session
 H. R. 345
To raise the status of the Administrator of the Small Business Administration,
to authorize judicial review of actions under chapter 6 of title 5, United
States Code, relating to regulatory analyses, to direct a study of the impact
of the Federal Government on small business, to amend the Internal Revenue
Code of 1986 to prohibit the retroactive application of Treasury Department
regulations and rulings, to increase the amount of deduction for health
insurance costs of self-employed individuals, to increase the allowable number
of S corporation shareholders to 50, and to amend the Fair Labor Standards
Act of 1938 to clarify the application of such Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1991
Mr. IRELAND introduced the following bill; which was referred jointly to the
Committees on Small Business, the Judiciary, Ways and Means, and Education
and Labor
A BILL
To raise the status of the Administrator of the Small Business Administration,
to authorize judicial review of actions under chapter 6 of title 5, United
States Code, relating to regulatory analyses, to direct a study of the impact
of the Federal Government on small business, to amend the Internal Revenue
Code of 1986 to prohibit the retroactive application of Treasury Department
regulations and rulings, to increase the amount of deduction for health
insurance costs of self-employed individuals, to increase the allowable number
of S corporation shareholders to 50, and to amend the Fair Labor Standards
Act of 1938 to clarify the application of such Act, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Omnibus Small Business Act of 1991'.
TITLE I--CABINET LEVEL STATUS FOR ADMINISTRATOR OF THE SMALL BUSINESS
ADMINISTRATION
SEC. 101. PARTICIPATION IN CABINET.
  It is the sense of the Congress that the Administrator of the Small Business
  Administration should be designated by the President--
  (1) as a member of, and a full participant in activities of, the Cabinet and,
  (2) as the President's principal advisor on all matters relating to small
  business.
SEC. 102. PAY STATUS COMMENSURATE WITH CABINET STATUS.
  (a) Section 5312 of title 5, United States Code (relating to executive
  level I), is amended by adding at the end thereof the following:
  `Administrator of the Small Business Administration'.
  (b) Section 5314 of such title (relating to executive level III) is amended
  by striking out:
  `Administrator of the Small Business Administration.'
TITLE II--JUDICIAL REVIEW UNDER REGULATORY FLEXIBILITY ACT
SEC. 201. JUDICIAL REVIEW UNDER REGULATORY FLEXIBILITY ACT.
  (a) IN GENERAL- Section 611 of title 5, United States Code, is repealed.
  (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
  6 of title 5, United States Code, is amended by striking out the item
  relating to section 611.
TITLE III--STUDY OF IMPACT OF REGULATORY ANALYSIS UPON SMALL BUSINESS
SEC. 301. STUDY.
  The Chief Counsel for Advocacy of the Small Business Administration shall
  conduct a study of the impact of all Federal regulatory paperwork and tax
  requirements upon small business.
TITLE IV--RELIEF FROM RETROACTIVE APPLICATION OF TREASURY DEPARTMENT
REGULATIONS AND RULINGS
SEC. 401. RULES AND REGULATIONS.
  Subsection (b) of section 7805 of the Internal Revenue Code is amended to
  read as follows:
  `(b) Retroactivity of Regulations or Rulings-
  `(1) IN GENERAL- All final, temporary, or proposed regulations and
  rulings issued by the Secretary shall apply prospectively from the date
  of publication of such regulation or ruling in the Federal Register.
  `(2) CONGRESSIONAL AUTHORIZATION- The prospective only treatment of
  paragraph (1) may be superseded by a specific legislative grant from
  Congress authorizing the Secretary to prescribe the effective date with
  respect to a statutory provision'.
SEC. 402. EFFECTIVE DATE.
  This amendment shall be effective for any temporary or proposed regulation
  published as a final regulation after September 27, 1990.
TITLE V--INCREASE IN AMOUNT OF DEDUCTIONS FOR HEALTH INSURANCE COSTS OF
SELF-EMPLOYED INDIVIDUALS
SEC. 501. GENERAL RULE.
  Section 162(m) of the Internal Revenue Code of 1986 (relating to special
  rules for health insurance costs of self-employed individuals) is amended
  as follows:
  (1) by striking out `an amount equal to 25 percent of' and inserting in
  lieu thereof `an amount equal to'; and
  (2) by striking paragraph (4).
  (b) EFFECTIVE DATE- The amendment made by subsection (a)(1) shall apply
  to taxable years beginning after December 31, 1990.
TITLE VI--S CORPORATIONS
SEC. 601. GENERAL RULE.
  Section 1361(b) of the Internal Revenue Code of 1986 (relating to S
  corporations) is amended as follows:
 (1) by striking out the number `35' and inserting in lieu thereof `50'.
SEC. 602. EFFECTIVE DATE.
  This amendment shall apply to taxable years beginning after December
  31, 1990.
TITLE VII--FAIR LABOR STANDARDS ACT
SEC. 701. APPLICATION OF FAIR LABOR STANDARDS ACT OF 1938.
  (a) Minimum Wage-
  (1) SPECIAL INDUSTRY COMMITTEES- Section 5(a) of the Fair Labor Standards
  Act of 1938 (29 U.S.C. 205(a)) is amended--
  (A) by striking the phrase `engaged in commerce or in the production of goods
  for commerce, or employed in any enterprise engaged in commerce or in the
  production of goods for commerce' each time that it appears and inserting in
  lieu thereof each time the following: `who are: (i) engaged in industrial
  homework subject to 11(d) and are either (A) engaged in commerce of (B)
  engaged in the production of goods for commerce; or (ii) employed in an
  enterprise engaged in commerce or in the production of goods for commerce'.
  (2) MINIMUM WAGE- Section 6(a) of the Fair Labor Standards Act of 1938
  (29 U.S.C. 206(a)) is amended by striking the phrase `who in any workweek
  is engaged in commerce or in the production of goods for commerce, or
  is employed in an enterprise engaged in commerce or in the production
  of goods for commerce' and inserting in lieu thereof the following: `who
  in any workweek is: (i) engaged in industrial homework subject to 11(d)
  and is either (A) engaged in commerce or (B) engaged in the production of
  goods for commerce; or (ii) employed in an enterprise engaged in commerce
  or in the production of goods for commerce'.
  (3) WAGE ORDERS- Section 8(a) of the Fair Labor Standards Act of 1938
  (29 U.S.C. 208(a)) is amended by striking out `employers in American
  Samoa engaged in commerce or in the production of goods for commerce or'
  and inserting in lieu thereof `employers in American Samoa'.
SEC. 702. MAXIMUM HOURS.
  Paragraphs (1) and (2) of section 7(a) of the Fair Labor Standards Act of
  1938 (29 U.S.C. 207(a)) are each amended by striking the phrase `who in any
  workweek is engaged in commerce or in the production of goods for commerce,
  or is employed in an enterprise engaged in commerce or in the production
  of goods for commerce' and inserting in lieu thereof the following: `who
  in any workweek is: (i) engaged in industrial homework subject to 11(d)
  and is either (A) engaged in commerce or (B) engaged in the production of
  goods for commerce; or (ii) employed in an enterprise engaged in commerce
  or in the production of goods for commerce'.
SEC. 703. SEX DISCRIMINATION.
  Paragraphs (1) and (2) of section 6(d) of the Fair Labor Standards Act of
  1938 (29 U.S.C. 206(d)) are each amended by inserting after `employees
  subject to any provisions of this section' the following: `or employees
  engaged in commerce or in the production of goods for commerce'.
SEC. 704. HANDICAPPED WORKERS.
  Section 14(c)(1) of the Fair Labor Standards Act of 1938 (29
  U.S.C. 214(c)(1)) is amended by inserting after `injury' the following:
  `and who are engaged in commerce or in the production of goods for commerce,
  or who are employed in an enterprise engaged in commerce or in the production
  of goods for commerce'.
SEC. 705. EFFECTIVE DATE.
  The amendments made by this section shall take effect as if included in
  section 3 of the Fair Labor Standards Amendments of 1989.