II
110th CONGRESS
2d Session
S. 2902
IN THE SENATE OF THE UNITED STATES
April 23, 2008
Ms. Snowe (for herself and Mr. Pryor) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
April 29, 2008
Committee discharged; referred to the Committee on Small Business and Entrepreneurship
A BILL
To ensure the independent operation of the Office of Advocacy of the Small Business Administration, ensure complete analysis of potential impacts on small entities of rules, and for other purposes.
Short title
This Act may be cited as the
Independent Office of Advocacy and
Small Business Regulatory Reform Act of 2008
.
Purposes
The purposes of this Act are—
to ensure that
the Office of Advocacy of the Small Business Administration (referred to in
this section as the Office
) has adequate financial resources to
advocate for and on behalf of small business concerns;
to provide a separate authorization of appropriations for the Office; and
to enhance the role of the Office pursuant to chapter 6 of title 5, United States Code.
Office of Advocacy
In general
Section 203 of Public Law 94–305 (15 U.S.C. 634c) is amended—
in paragraph (4),
by striking and
at the end;
in paragraph (5),
by striking the period and inserting ; and
; and
by adding at the end the following:
carry out the responsibilities of the Office of Advocacy under chapter 6 of title 5, United States Code.
.
Budgetary line item and authorization of appropriations
Title II of Public Law 94–305 (15 U.S.C. 634a et seq.) is amended by striking section 207 and inserting the following:
Budgetary line item and authorization of appropriations
Appropriation requests
Each budget of the United States Government submitted by the President under section 1105 of title 31, United States Code, shall include a separate statement of the amount of appropriations requested for the Office of Advocacy of the Small Business Administration, which shall be designated in a separate account in the General Fund of the Treasury.
Administrative operations
The Administrator of the Small Business Administration shall provide the Office of Advocacy with appropriate and adequate office space at central and field office locations, together with such equipment, operating budget, and communications facilities and services as may be necessary, and shall provide necessary maintenance services for such offices and the equipment and facilities located in such offices.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this title. Any amount appropriated under this subsection shall remain available, without fiscal year limitation, until expended.
.
Regulatory flexibility reform for small businesses
Requirements providing for more detailed analyses
Initial regulatory flexibility analysis
Section 603 of title 5, United States Code, is amended by adding at the end the following:
An agency shall notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities either—
when the agency submits a draft rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget under Executive Order 12866, if that order requires such submission; or
if no submission to the Office of Information and Regulatory Affairs is so required, at a reasonable time prior to publication of the rule by the agency.
.
Final regulatory flexibility analysis
Inclusion of response to comments on certification of proposed rule
Section 604(a)(2) of title 5, United States
Code, is amended by inserting (or certification of the proposed rule
under section 605(b))
after initial regulatory flexibility
analysis
.
Inclusion of response to comments filed by Chief Counsel for Advocacy
Section 604(a) of title 5, United States Code, is amended—
by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and
by inserting after paragraph (2) the following:
the response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule, and a detailed statement of any changes made to the proposed rule in the final rule as a result of such comments;
.
Publication of analyses on website
Initial regulatory flexibility analysis
Section 603 of title 5, United States Code, as amended by this Act, is amended by adding at the end the following:
An agency shall publish any initial regulatory flexibility analysis required under this section on the website of the agency.
.
Final regulatory flexibility analysis
Section 604(b) of title 5, United States Code, is amended to read as follows:
The agency shall make copies of the final regulatory flexibility analysis available to the public, including placement of the entire analysis on the website, and shall publish in the Federal Register the final regulatory flexibility analysis, or a summary thereof that includes the telephone number, mailing address, and link to the website where the complete analysis may be obtained.
.
Cross-References to other analyses
Section 605(a) of title 5, United States Code, is amended to read as follows:
A Federal agency shall be treated as satisfying any requirement regarding the content of an agenda or regulatory flexibility analysis under section 602, 603, or 604, if such agency provides in such agenda or analysis a cross-reference to the specific portion of another agenda or analysis that is required by any other law and which satisfies such requirement.
.
Certifications
The second sentence of section 605(b) of
title 5, United States Code, is amended by inserting detailed
before statement
.
Quantification requirements
Section 607 of title 5, United States Code, is amended to read as follows:
Quantification requirements
In complying with sections 603 and 604, an agency shall provide—
a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule; or
a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable.
.
Technical and conforming amendments
Heading
The heading of section 605 of title 5, United States Code, is amended to read as follows:
Incorporations by reference and certifications
.
Table of sections
The table of sections for chapter 6 of title 5, United States Code, is amended—
by striking the item relating to section 605 and inserting the following:
605. Incorporations by reference and certifications.
;
by striking the item relating to section 607 and inserting the following:
607. Quantification requirements.
.
Oversight of regulatory enforcement
Section 30 of the Small Business Act (15 U.S.C. 657) is amended—
in subsection (b)—
in paragraph (1)—
by
inserting (A)
before Not later than
;
by
striking Nothing in this section is intended to replace
and
inserting the following:
Nothing in this section—
is intended to replace
;
by striking the
period at the end and inserting ; or
; and
by adding at the end the following:
may be construed to exempt an agency from providing relevant information to the Ombudsman upon request.
;
in paragraph (2)—
in subparagraph (A)—
by inserting
(i)
before work with each agency
;
by inserting
fine, forfeiture,
before or other enforcement
related
; and
by adding at the end the following: “or
refer any substantiated comment to the affected agency for response to the Ombudsman;
; and
by amending subparagraph (C) to read as follows:
based on cases that are substantiated by the Ombudsman, annually submit to Congress and affected agencies a report evaluating the enforcement activities of agency personnel, including—
ratings of the responsiveness to small business concerns; and
a description of the policies, actions, and activities impacting small business concerns described in subparagraph (A), for each Federal agency and regional or program office of each Federal agency, as determined appropriate by the Ombudsman.
;
in subsection
(d)(1), by inserting , in coordination with the Ombudsman,
after
hold such hearings
; and
by adding at the end the following:
The Board shall coordinate with the Ombudsman regarding any official correspondence to be sent by the Board.
.