S 2902
110th CONGRESS
2d Session
S. 2902
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.
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
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.
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 `Independent Office of Advocacy and Small
Business Regulatory Reform Act of 2008'.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) 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;
(2) to provide a separate authorization of appropriations for the
Office; and
(3) to enhance the role of the Office pursuant to chapter 6 of title
5, United States Code.
SEC. 3. OFFICE OF ADVOCACY.
(a) In General- Section 203 of Public Law 94-305 (15 U.S.C. 634c) is
amended--
(1) in paragraph (4), by striking `and' at the end;
(2) in paragraph (5), by striking the period and inserting `; and';
and
(3) by adding at the end the following:
`(6) carry out the responsibilities of the Office of Advocacy under
chapter 6 of title 5, United States Code.'.
(b) 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:
`SEC. 207. BUDGETARY LINE ITEM AND AUTHORIZATION OF APPROPRIATIONS.
`(a) 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.
`(b) 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.
`(c) 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.'.
SEC. 4. REGULATORY FLEXIBILITY REFORM FOR SMALL BUSINESSES.
(a) Requirements Providing for More Detailed Analyses-
(1) INITIAL REGULATORY FLEXIBILITY ANALYSIS- Section 603 of title
5, United States Code, is amended by adding at the end the following:
`(d) 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--
`(1) 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
`(2) 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.'.
(2) FINAL REGULATORY FLEXIBILITY ANALYSIS-
(A) 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'.
(B) INCLUSION OF RESPONSE TO COMMENTS FILED BY CHIEF COUNSEL FOR
ADVOCACY- Section 604(a) of title 5, United States Code, is amended--
(i) by redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (5), and (6), respectively; and
(ii) by inserting after paragraph (2) the following:
`(3) 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;'.
(C) PUBLICATION OF ANALYSES ON WEBSITE-
(i) 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:
`(e) An agency shall publish any initial regulatory flexibility analysis
required under this section on the website of the agency.'.
(ii) FINAL REGULATORY FLEXIBILITY ANALYSIS- Section 604(b) of
title 5, United States Code, is amended to read as follows:
`(b) 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.'.
(3) CROSS-REFERENCES TO OTHER ANALYSES- Section 605(a) of title 5,
United States Code, is amended to read as follows:
`(a) 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.'.
(4) CERTIFICATIONS- The second sentence of section 605(b) of title
5, United States Code, is amended by inserting `detailed' before `statement'.
(5) QUANTIFICATION REQUIREMENTS- Section 607 of title 5, United States
Code, is amended to read as follows:
`Sec. 607. Quantification requirements
`In complying with sections 603 and 604, an agency shall provide--
`(1) a quantifiable or numerical description of the effects of the
proposed or final rule and alternatives to the proposed or final rule;
or
`(2) a more general descriptive statement and a detailed statement
explaining why quantification is not practicable or reliable.'.
(b) Technical and Conforming Amendments-
(1) HEADING- The heading of section 605 of title 5, United States
Code, is amended to read as follows:
`Sec. 605. Incorporations by reference and certifications'.
(2) TABLE OF SECTIONS- The table of sections for chapter 6 of title
5, United States Code, is amended--
(A) by striking the item relating to section 605 and inserting the
following:
`605. Incorporations by reference and certifications.';
(B) by striking the item relating to section 607 and inserting the
following:
`607. Quantification requirements.'.
SEC. 5. OVERSIGHT OF REGULATORY ENFORCEMENT.
Section 30 of the Small Business Act (15 U.S.C. 657) is amended--
(i) by inserting `(A)' before `Not later than';
(ii) by striking `Nothing in this section is intended to replace'
and inserting the following:
`(B) Nothing in this section--
`(i) is intended to replace';
(iii) by striking the period at the end and inserting `; or';
and
(iv) by adding at the end the following:
`(ii) may be construed to exempt an agency from providing relevant
information to the Ombudsman upon request.';
(i) in subparagraph (A)--
(I) by inserting `(i)' before `work with each agency';
(II) by inserting `fine, forfeiture,' before `or other enforcement
related'; and
(III) by adding at the end the following: `or
`(ii) refer any substantiated comment to the affected agency for
response to the Ombudsman;'; and
(ii) by amending subparagraph (C) to read as follows:
`(C) 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--
`(i) ratings of the responsiveness to small business concerns;
and
`(ii) 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.';
(2) in subsection (d)(1), by inserting `, in coordination with the
Ombudsman,' after `hold such hearings'; and
(3) by adding at the end the following:
`(e) The Board shall coordinate with the Ombudsman regarding any official
correspondence to be sent by the Board.'.
END
