H.R. 205House108th Congress (2003-2005)Passed House

National Small Business Regulatory Assistance Act of 2003

Introduced January 7, 2003

Legislative Activity

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10 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.

April 9, 2003

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HouseIntro Referral

Introduced in House

January 7, 2003

HouseIntro Referral

Referred to the House Committee on Small Business.

January 7, 2003

HouseFloor

Mr. Manzullo moved to suspend the rules and pass the bill.

April 8, 2003 • 1:46 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H2879-2883)

April 8, 2003 • 1:47 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 205.

April 8, 2003 • 1:47 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

April 8, 2003 • 2:08 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2909-2910)

April 8, 2003 • 5:22 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 417 - 4 (Roll no. 116).(text: CR H2879-2880)

April 8, 2003 • 5:29 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 417 - 4 (Roll no. 116). (text: CR H2879-2880)

April 8, 2003 • 5:29 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

April 8, 2003 • 5:29 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.

April 9, 2003

Floor Debate

23 members

What members said about H.R. 205 on the floor

12 Republicans11 Democrats
Susan M. Collins
Sen. Susan M. CollinsR-ME · Jun 12, 2003

Mr. President, I rise today to introduce legislation, the Homeland Security Grant Enhancement Act, to streamline and strengthen the way we help our States, communities, and first responders protect…

Tom Davis
Rep. Tom DavisR-VA-11 · Apr 8, 2003

Mr. Speaker, pursuant to the order of the House of April 7, 2003, I call up the Senate bill (S. 380) to amend chapter 83 of title 5, United States Code, to reform the funding of benefits under the…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Apr 8, 2003

Mr. Speaker, I yield myself such time that I may consume. I rise in support of the legislation before us. As the ranking member of the Committee on Government Reform, I support this bill, S. 380, and…

John F. Kerry
Sen. John F. KerryD-MA · Jun 12, 2003

Mr. President, I rise today as Ranking Member of the Committee on Small Business and Entrepreneurship to introduce the Vocational and Technical Entrepreneurship Development Act of 2003, which is the…

John M. McHugh
Rep. John M. McHughR-NY-23 · Apr 8, 2003

Mr. Speaker, I thank the gentleman for yielding me this time. The puns notwithstanding, I deeply appreciate his very kind comments, and, Mr. Speaker, I certainly welcome this chance in the next 5…

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Thomas R. Carper
Sen. Thomas R. CarperD-DE · Jun 12, 2003

Mr. President, I rise today to join my friend from Maine, Ms. Collins, in introducing the Homeland Security Grant Enhancement Act of 2003, legislation that greatly improves the method currently used…

William J. Janklow
Rep. William J. JanklowR-SD · Apr 8, 2003

Mr. Speaker, I thank the gentleman for yielding me this time, and I thank the gentleman from California (Mr. Waxman) and clearly the gentleman from New York (Mr. McHugh) for taking the leadership to…

John E. Sweeney
Rep. John E. SweeneyR-NY-20 · Apr 8, 2003

Madam Speaker, I thank the gentleman for recognizing me; but more particularly, I would like to thank the chairman for his persistence in pursuing this matter. As he mentioned, several years ago, I…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Jun 12, 2003

Mr. President, I have come to the floor today to introduce legislation that will help many young families in America meet the financial challenges associated with raising children. The legislation I…

Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-12 · Apr 8, 2003

Madam Speaker, I yield myself as much time as I may consume. Today, I rise in strong support of H.R. 205, the National Small Business Regulatory Assistance Act of 2003, which would establish a…

Judd Gregg
Sen. Judd GreggR-NH · Jun 12, 2003

Mr. President, today, I join my esteemed colleague, the Senator from Massachusetts, Senator Kennedy, in introducing the Individuals with Disabilities Education Improvement Act of 2003. In the past,…

Ed Case
Rep. Ed CaseD-HI-2 · Apr 8, 2003

Mr. Speaker, I want to join in the remarks of my colleague from New York in thanking both my ranking minority member and my chair on the Committee on Small Business, a committee that I am very proud…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Apr 8, 2003

Mr. Speaker, I thank the gentleman from California for yielding me time. Mr. Speaker, as the ranking minority member of the Committee on Government Reform's Special Panel on Postal Reform and…

Show 11 more
Candice S. Miller
Rep. Candice S. MillerR-MI-10 · Apr 8, 2003

Mr. Speaker, I certainly thank the gentleman for yielding me this time. The Postal Civil Service Retirement System Funding Reform Act of 2003 is a very, very long name, but appropriately so, because…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Apr 8, 2003

Mr. Speaker, I thank the gentleman for yielding me time, and I thank him for his leadership on this issue and so many others, and, of course, thank the gentleman from Virginia (Mr. Tom Davis) and…

Donald A. Manzullo
Rep. Donald A. ManzulloR-IL-16 · Apr 8, 2003

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 205) to amend the Small Business Act to direct the Administrator of the Small Business Administration to establish a program to…

Walter B. Jones
Rep. Walter B. JonesR-NC-3 · Jun 18, 2004

Mr. Speaker, I would like to thank the House Leadership for scheduling H.R. 205 for floor consideration. This bill would adjust the number of free roaming horsed permitted on Shackleford Banks in the…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Jun 12, 2003

Mr. President, it is a privilege to join with Senator Gregg to introduce the reauthorization of the Individuals with Disabilities Act. Our goal is a quality education for every disabled child. We…

Tom Harkin
Sen. Tom HarkinD-IA · Jun 12, 2003

Mr. President, I am proud to introduce, along with Senator Lugar, the Puerto Rico Karst Conservation Act of 2003. This very important bill will provide protection for Puerto Rico's karst region by…

Donna M. Christensen
Rep. Donna M. ChristensenD-VI · Apr 8, 2003

Mr. Speaker, I rise today in support of H.R. 205, The National Small Business Regulatory Assistance Act of 2003. This bill amends the Small Business Act to direct the establishment of a program which…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Apr 8, 2003

Mr. Speaker, let me commend the chairman, the gentleman from Illinois (Mr. Manzullo) and the ranking member, the gentlewoman from New York (Ms. Velazquez), for bringing this legislation to the floor.…

Dan Burton
Rep. Dan BurtonR-IN-5 · Apr 8, 2003

Mr. Speaker, I thank the gentleman for yielding me time. I agree with what my colleague with the great voice, the gentleman from Illinois (Mr. Davis), just said; and I rise in support of the Postal…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Apr 8, 2003

Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, I would like to recognize the gentleman from Virginia (Mr. Tom Davis) and certainly the gentleman from California (Mr. Waxman),…

Adam H. Putnam
Rep. Adam H. PutnamR-FL-12 · Apr 8, 2003

Mr. Speaker, I rise today in strong support of S. 380, which contains the same language as H.R. 735. This legislation, as has been said earlier, is critically important to our Nation's economy,…

Bill Text

3 versions available

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Latest
Referred in SenateIssued April 9, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 205 Referred in Senate (RFS)]

1st Session
H. R. 205

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 9, 2003

Received; read twice and referred to the Committee on Small Business
and Entrepreneurship

_______________________________________________________________________

AN ACT

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.

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 ``National Small Business Regulatory
Assistance Act of 2003''.

SEC. 2. PURPOSE.

The purpose of this Act is to establish a program to--
(1) provide confidential assistance to small business
concerns;
(2) provide small business concerns with the information
necessary to improve their rate of compliance with Federal and
State regulations;
(3) create a partnership among Federal agencies to increase
outreach efforts to small business concerns with respect to
regulatory compliance;
(4) provide a mechanism for unbiased feedback to Federal
agencies on the regulatory environment for small business
concerns; and
(5) utilize the service delivery network of Small Business
Development Centers to improve access of small business
concerns to programs to assist them with regulatory compliance.

SEC. 3. DEFINITIONS.

In this Act, the definitions set forth in section 36(a) of the
Small Business Act (as added by section 4 of this Act) shall apply.

SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM.

The Small Business Act (15 U.S.C. 637 et seq.) is amended--
(1) by redesignating section 36 as section 37; and
(2) by inserting after section 35 the following new
section:

``SEC. 36. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM.

``(a) Definitions.--In this section, the following definitions
apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Small Business Administration, acting
through the Associate Administrator for Small Business
Development Centers.
``(2) Association.--The term `Association' means the
association recognized by the Administrator of the Small
Business Administration under section 21(a)(3)(A).
``(3) Participating small business development center.--The
term `participating Small Business Development Center' means a
Small Business Development Center participating in the program.
``(4) Program.--The term `program' means the regulatory
assistance program established under this section.
``(5) Regulatory compliance assistance.--The term
`regulatory compliance assistance' means assistance provided by
a Small Business Development Center to a small business concern
to enable the concern to comply with Federal regulatory
requirements.
``(6) Small business development center.--The term `Small
Business Development Center' means a Small Business Development
Center described in section 21.
``(7) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, and Guam.
``(b) Authority.--In accordance with this section, the
Administrator shall establish a program to provide regulatory
compliance assistance to small business concerns through participating
Small Business Development Centers, the Association, and Federal
compliance partnership programs.
``(c) Small Business Development Centers.--
``(1) In general.--In carrying out the program, the
Administrator shall enter into arrangements with participating
Small Business Development Centers under which such centers
will provide--
``(A) access to information and resources,
including current Federal and State nonpunitive
compliance and technical assistance programs similar to
those established under section 507 of the Clean Air
Act Amendments of 1990;
``(B) training and educational activities;
``(C) confidential, free-of-charge, one-on-one, in-
depth counseling to the owners and operators of small
business concerns regarding compliance with Federal and
State regulations, provided that such counseling is not
considered to be the practice of law in a State in
which a Small Business Development Center is located or
in which such counseling is conducted;
``(D) technical assistance; and
``(E) referrals to experts and other providers of
compliance assistance who meet such standards for
educational, technical, and professional competency as
are established by the Administrator.
``(2) Reports.--
``(A) In general.--Each participating Small
Business Development Center shall transmit to the
Administrator a quarterly report that includes--
``(i) a summary of the regulatory
compliance assistance provided by the center
under the program; and
``(ii) any data and information obtained by
the center from a Federal agency regarding
regulatory compliance that the agency intends
to be disseminated to small business concerns.
``(B) Electronic form.--Each report referred to in
subparagraph (A) shall be transmitted in electronic
form.
``(C) Interim reports.--A participating Small
Business Development Center may transmit to the
Administrator such interim reports as the center
considers appropriate.
``(D) Limitation on disclosure requirements.--The
Administrator may not require a Small Business
Development Center to disclose the name or address of
any small business concern that received or is
receiving assistance under the program, except that the
Administrator shall require such a disclosure if
ordered to do so by a court in any civil or criminal
action.
``(d) Data Repository and Clearinghouse.--
``(1) In general.--In carrying out the program, the
Administrator shall--
``(A) act as the repository of and clearinghouse
for data and information submitted by Small Business
Development Centers; and
``(B) transmit to the President, the Committee on
Small Business and Entrepreneurship of the Senate, and
the Committee on Small Business of the House of
Representatives an annual report that includes--
``(i) a description of the types of
assistance provided by participating Small
Business Development Centers under the program;
``(ii) data regarding the number of small
business concerns that contacted participating
Small Business Development Centers regarding
assistance under the program;
``(iii) data regarding the number of small
business concerns assisted by participating
Small Business Development Centers under the
program;
``(iv) data and information regarding
outreach activities conducted by participating
Small Business Development Centers under the
program, including any activities conducted in
partnership with Federal agencies;
``(v) data and information regarding each
case known to the Administrator in which one or
more Small Business Development Centers offered
conflicting advice or information regarding
compliance with a Federal or State regulation
to one or more small business concerns;
``(vi) any recommendations for improvements
in the regulation of small business concerns;
and
``(vii) a list of regulations identified by
the Administrator, after consultation with the
Small Business and Agriculture Regulatory
Enforcement Ombudsman, as being most burdensome
to small business concerns, and recommendations
to reduce or eliminate the burdens of such
regulations.
``(e) Eligibility.--
``(1) In general.--A Small Business Development Center
shall be eligible to receive assistance under the program only
if the center is certified under section 21(k)(2).
``(2) Waiver.-- With respect to a Small Business
Development Center seeking assistance under the program, the
administrator may waive the certification requirement set forth
in paragraph (1) if the Administrator determines that the
center is making a good faith effort to obtain such
certification.
``(3) Effective date.--The restriction described in
paragraph (1) shall not apply to any Small Business Development
Center before October 1, 2003.
``(f) Selection of Participating State Programs.--
``(1) Establishment of program.--In consultation with the
Association and giving substantial weight to the Association's
recommendations, the Administrator shall select the Small
Business Development Center programs of 2 States from each of
the following groups of States to participate in the program:
``(A) Group 1: Maine, Massachusetts, New Hampshire,
Connecticut, Vermont, and Rhode Island.
``(B) Group 2: New York, New Jersey, Puerto Rico,
and the Virgin Islands.
``(C) Group 3: Pennsylvania, Maryland, West
Virginia, Virginia, the District of Columbia, and
Delaware.
``(D) Group 4: Georgia, Alabama, North Carolina,
South Carolina, Mississippi, Florida, Kentucky, and
Tennessee.
``(E) Group 5: Illinois, Ohio, Michigan, Indiana,
Wisconsin, and Minnesota.
``(F) Group 6: Texas, New Mexico, Arkansas,
Oklahoma, and Louisiana.
``(G) Group 7: Missouri, Iowa, Nebraska, and
Kansas.
``(H) Group 8: Colorado, Wyoming, North Dakota,
South Dakota, Montana, and Utah.
``(I) Group 9: California, Guam, Hawaii, Nevada,
and Arizona.
``(J) Group 10: Washington, Alaska, Idaho, and
Oregon.
``(2) Deadline for initial selections.--The Administrator
shall make selections under paragraph (1) not later than 60
days after promulgation of regulations under section 5 of the
National Small Business Regulatory Assistance Act of 2003.
``(3) Additional selections.--Not earlier than the date 3
years after the date of the enactment of this paragraph, the
Administrator may select Small Business Development Center
programs of States in addition to those selected under
paragraph (1). The Administrator shall consider the effect on
the programs selected under paragraph (1) before selecting
additional programs under this paragraph.
``(4) Coordination to avoid duplication with other
programs.--In selecting programs under this subsection, the
Administrator shall give a preference to Small Business
Development Center programs that have a plan for consulting
with Federal and State agencies to ensure that any assistance
provided under this section is not duplicated by an existing
Federal or State program.
``(g) Matching not Required.--Subparagraphs (A) and (B) of section
21(a)(4) shall not apply to assistance made available under the
program.
``(h) Distribution of Grants.--
``(1) In general.--Except as provided in paragraph (2),
each State program selected to receive a grant under subsection
(f) in a fiscal year shall be eligible to receive a grant in an
amount not to exceed the product obtained by multiplying--
``(A) the amount made available for grants under
this section for the fiscal year; and
``(B) the ratio that--
``(i) the population of the State; bears to
``(ii) the population of all the States
with programs selected to receive grants under
subsection (f) for the fiscal year.
``(2) Minimum amount.--The minimum amount that a State
program selected to receive a grant under subsection (f) shall
be eligible to receive under this section for any fiscal year
shall be $200,000. The Administrator shall reduce the amount
described in paragraph (1) as appropriate to carry out the
purposes of this paragraph and subsection (j)(2).
``(i) Evaluation and Report.--Not later than 3 years after the
establishment of the program, the Comptroller General of the United
States shall conduct an evaluation of the program and shall transmit to
the Administrator, the Committee on Small Business and Entrepreneurship
of the Senate, and the Committee on Small Business of the House of
Representatives a report containing the results of the evaluation along
with any recommendations as to whether the program, with or without
modification, should be extended to include the participation of all
Small Business Development Centers.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 2003 and
each fiscal year thereafter.
``(2) Limitation on use of other funds.--The Administrator
may carry out the program only with amounts appropriated in
advance specifically to carry out this section.''.

SEC. 5. PROMULGATION OF REGULATIONS.

After providing notice and an opportunity for comment and after
consulting with the Association (but not later than 180 days after the
date of the enactment of this Act), the Administrator shall promulgate
final regulations to carry out this Act, including regulations that
establish--
(1) priorities for the types of assistance to be provided
under the program;
(2) standards relating to educational, technical, and
support services to be provided by participating Small Business
Development Centers;
(3) standards relating to any national service delivery and
support function to be provided by the Association under the
program;
(4) standards relating to any work plan that the
Administrator may require a participating Small Business
Development Center to develop; and
(5) standards relating to the educational, technical, and
professional competency of any expert or other assistance
provider to whom a small business concern may be referred for
compliance assistance under the program.

SEC. 6. PRIVACY REQUIREMENTS APPLICABLE TO SMALL BUSINESS DEVELOPMENT
CENTERS.

Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is
amended by adding at the end the following:
``(9) Privacy requirements.--
``(A) In general.--No Small Business Development
Center, consortium of Small Business Development
Centers, or contractor or agent of a Small Business
Development Center shall disclose the name or address
of any individual or small business concern receiving
assistance under this section without the consent of
such individual or small business concern, except
that--
``(i) the Administrator shall require such
disclosure if ordered to do so by a court in
any civil or criminal action; and
``(ii) if the Administrator considers it
necessary while undertaking a financial audit
of a Small Business Development Center, the
Administrator shall require such disclosure for
the sole purpose of undertaking such audit.
``(B) Regulations.-- The Administrator shall issue
regulations to establish standards for requiring
disclosures during a financial audit under subparagraph
(a)(ii).''.

Passed the House of Representatives April 8, 2003.

Attest:

JEFF TRANDAHL,

Clerk.