H.R. 4668

POST IT Act of 2023

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IIB

118th CONGRESS

1st Session

H. R. 4668

IN THE SENATE OF THE UNITED STATES

November 29, 2023

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

AN ACT

To amend the Small Business Act to require the Small Business and Agriculture Regulatory Enforcement Ombudsman to publish guidance documents for certain rules, and for other purposes.

1.

Short title

This Act may be cited as the Providing Opportunities to Show Transparency via Information Technology Act of 2023 or the POST IT Act of 2023 .

2.

Inclusion of guidance on Ombudsman website

(a)

Website requirement

Section 30 of the Small Business Act (15 U.S.C. 657) is amended—

(1)

in subsection (e)—

(A)

in paragraph (1), by striking and at the end;

(B)

in paragraph (2), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new paragraph:

(3)

to the extent practicable, hyperlinks for such guidance that is designed to set forth policy on a statutory, regulatory, or technical issue, or an interpretation of such issue, for any rule for which an agency produces a small entity compliance guide.

; and

(2)

by adding at the end the following new subsection:

(g)

Protection of confidential information

Subsection (e) does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code (commonly known as the Freedom of Information Act).

.

(b)

Applicability

Paragraph (3) of section 30(e) of the Small Business Act (15 U.S.C. 657), as added by this section, shall apply with respect to guidance on, or interpretation of, a rule for which an agency produces a small entity compliance guide described under section 212(a)(1) of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) on or after the date of the enactment of this Act.

3.

Compliance with CUTGO

No additional amounts are authorized to be appropriated to carry out this Act or the amendments made by this Act.

Passed the House of Representatives November 28, 2023.

Kevin F. McCumber,

Clerk.