[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2045 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2045

To provide regulatory relief for small business concerns, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 1996

 Mr. Hatfield introduced the following bill; which was read twice and 
              referred to the Committee on Small Business

_______________________________________________________________________

                                 A BILL


 
To provide regulatory relief for 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 
Relief Act of 1996''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish a system of confidential 
voluntary compliance with Federal regulations that will--
            (1) provide a low cost process to significantly improve 
        compliance by small business concerns with Federal regulations;
            (2) improve the level of outreach to the small business 
        community and reduce duplication of effort among Federal 
        agencies;
            (3) be funded without additional appropriations;
            (4) use the existing federally supported national small 
        business development center service delivery network;
            (5) provide a mechanism for feedback on the small business 
        regulatory environment; and
            (6) stimulate the development of partnerships between 
        nonpunitive assistance programs and the small business 
        development center network in order to improve access to and 
        utilization of these programs by the small business community.

SEC. 3. ESTABLISHMENT OF PROGRAM.

    The Small Business Act (15 U.S.C. 637 et seq.) is amended--
            (1) by redesignating section 31 as section 32; and
            (2) by inserting after section 30 the following new 
        section:

``SEC. 31. SMALL BUSINESS REGULATORY RELIEF.

    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `Chairperson' means the Chairperson of the 
        Council;
            ``(2) the term `Council' means the Small Business 
        Regulatory Relief Council established under subsection (b);
            ``(3) the term `participating agency' means--
                    ``(A) the Environmental Protection Agency;
                    ``(B) the Internal Revenue Service of the 
                Department of the Treasury; and
                    ``(C) the Occupational Safety and Health 
                Administration of the Department of Labor;
            ``(4) the term `small business development center' means a 
        small business development center established pursuant to 
        section 21; and
            ``(5) the term `system of voluntary compliance' means a 
        system under which small business development centers or 
        consortia of small business development centers provide 
        confidential assistance to small business concerns in meeting 
        regulatory requirements imposed on small business concerns by 
        any participating agency.
    ``(b) Small Business Regulatory Relief Council.--
            ``(1) Establishment.--Not later than 30 days after the date 
        of enactment of the National Small Business Regulatory Relief 
        Act of 1996, the Administrator shall establish a Small Business 
        Regulatory Relief Council in accordance with this subsection.
            ``(2) Membership.--The Council shall be composed of 13 
        members, of whom--
                    ``(A) 1 shall be the Associate Administrator for 
                the Office of Small Business Development Centers of the 
                Administration;
                    ``(B) 1 shall be appointed by the head of each 
                participating agency from among the senior level 
                employees of that participating agency;
                    ``(C) 4 shall be appointed by an association 
                representing the majority of the small business 
                development centers from among representatives of small 
                business development centers;
                    ``(D) 1 shall be a representative of the National 
                Small Business Development Center Advisory Council of 
                the Administration; and
                    ``(E) 4 shall be appointed by the Administrator 
                from among small business owners nominated by national 
                organizations representing small business concerns.
            ``(3) Chairperson.--One member of the Council shall be 
        elected by the Council to serve as the Chairperson of the 
        Council for a term of 1 year.
            ``(4) Period of appointment; vacancies.--
                    ``(A) Period of appointment.--Each member of the 
                Council shall be appointed for a term of 1 year. No 
                member of the Council may serve more than 3 consecutive 
                terms.
                    ``(B) Vacancies.--Any vacancy in the Council shall 
                not affect the powers of the Council, but shall be 
                filled in the same manner as the original appointment.
            ``(5) Meetings.--The Council shall meet at the call of the 
        Chairperson, but not less often than quarterly.
            ``(6) Powers of the council.--
                    ``(A) Hearings.--The Council may hold such 
                hearings, sit and act at such times and places, take 
                such testimony, and receive such evidence as the 
                Council considers necessary to carry out this section.
                    ``(B) Information from federal agencies.--The 
                Council may secure directly from any Federal department 
                or agency, such information as the Council considers 
                necessary to carry out this section. Upon request of 
                the Chairperson, the head of such department or agency 
                shall furnish such information to the Council.
                    ``(C) Postal services.--The Council may use the 
                United States mails in the same manner and under the 
                same conditions as other departments and agencies of 
                the Federal Government.
                    ``(D) Gifts.--The Council may accept, use, and 
                dispose of gifts or donations of services or property.
            ``(7) Council personnel matters.--
                    ``(A) Compensation of members.--
                            ``(i) In general.--Each member of the 
                        Council who is not an officer or employee of 
                        the Federal Government or of a small business 
                        development center shall be compensated at a 
                        rate equal to the daily equivalent of the 
                        annual rate of basic pay prescribed for level 
                        IV of the Executive Schedule under section 5315 
                        of title 5, United States Code, for each day 
                        (including travel time), during which such 
                        member is engaged in the performance of the 
                        duties of the Council.
                            ``(ii) Employees of federal government.--
                        All members of the Council who are officers or 
                        employees of the United States shall serve 
                        without compensation in addition to that 
                        received for their services as officers or 
                        employees of the United States.
                    ``(B) Travel expenses.--The members of the Council 
                shall be allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for employees 
                of agencies under subchapter I of chapter 57 of title 
                5, United States Code, while away from their homes or 
                regular places of business in the performance of 
                services for the Council.
                    ``(C) Staff.--
                            ``(i) In general.--The Chairperson may, 
                        without regard to the civil service laws and 
                        regulations, appoint and terminate an executive 
                        director and such other additional personnel as 
                        may be necessary to enable the Council to 
                        perform its duties. The employment of an 
                        executive director shall be subject to 
confirmation by the Council.
                            ``(ii) Compensation.--The Chairperson may 
                        fix the compensation of the executive director 
                        and other personnel without regard to the 
                        provisions of chapter 51 and subchapter III of 
                        chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates, except that the 
                        rate of pay for the executive director and 
                        other personnel may not exceed the rate payable 
                        for level IV of the Executive Schedule under 
                        section 5316 of such title.
                    ``(D) Detail of government employees.--Any Federal 
                Government employee may be detailed to the Council 
                without reimbursement, and such detail shall be without 
                interruption or loss of civil service status or 
                privilege.
                    ``(E) Procurement of temporary and intermittent 
                services.--The Chairperson may procure temporary and 
                intermittent services under section 3109(b) of title 5, 
                United States Code, at rates for individuals which do 
                not exceed the daily equivalent of the annual rate of 
                basic pay prescribed for level V of the Executive 
                Schedule under section 5316 of such title.
                    ``(F) Federal procurement.--The Council may 
                contract in its own name, including contracting for 
                administrative services and for meeting such national 
                delivery support requirements as it determines 
                necessary and appropriate, under procedures to be 
                determined by the Council, without regard to the 
                provisions of title III of the Federal Property and 
                Administrative Services Act, or any other law, rule or 
                regulation governing Federal procurement.
                    ``(G) Access to federal facilities.--The Council 
                shall have access to any Federal facilities as the 
                Chairperson, in consultation with the General Services 
                Administration or any other agency as appropriate, 
                determines appropriate, to carry out its functions.
    ``(c) Duties of Participating Agencies.--
            ``(1) Submission of plan.--Not later than 60 days after the 
        date of enactment of the National Small Business Regulatory 
        Relief Act of 1996, each participating agency shall submit to 
        the Council a 5-year plan for the establishment and maintenance 
        of a system of voluntary compliance in accordance with this 
        Act.
            ``(2) Contents of plan.--Each plan submitted under 
        paragraph (1) shall include--
                    ``(A) the regulatory compliance objectives of the 
                participating agency;
                    ``(B) the regulatory compliance priorities of the 
                participating agency;
                    ``(C) identification of the types of programs, 
                services, materials, and resources to be developed and 
                deployed by the participating agency;
                    ``(D) participating agency facilities, expertise, 
                and other resources that may be accessed by the 
                Chairperson, a small business development center, or a 
                small business concern participating in the system of 
                voluntary compliance established under this Act; and
                    ``(E) performance outcome measures and evaluation 
                criteria to be used by the participating agency in 
                evaluating the effectiveness of the system of voluntary 
                compliance established under this Act.
            ``(3) Duplication of effort.--In carrying out this 
        subsection, each participating agency shall, to the maximum 
extent practicable, ensure that participating agencies are not carrying 
out duplicative efforts.
    ``(d) Duties of Council.--
            ``(1) Review of participating agency plan.--Not later than 
        30 days after the date on which a participating agency plan is 
        submitted to the Council under subsection (c)(1), the Council 
        shall either--
                    ``(A) approve the plan; or
                    ``(B) make such modifications to the plan as the 
                Council determines to be necessary to carry out the 
                purpose of the National Small Business Regulatory 
                Relief Act of 1996.
            ``(2) Establishment of guidelines.--
                    ``(A) In general.--Based on each plan approved or 
                modified under paragraph (2), not later than 180 days 
                after the date of enactment of the National Small 
                Business Regulatory Relief Act of 1996, the Council 
                shall--
                            ``(i) develop a program for the 
                        implementation of each participating agency 
                        plan;
                            ``(ii) publish guidelines for the 
                        establishment by small business development 
                        centers or consortia of small business 
                        development centers of a system of voluntary 
                        compliance in accordance with this section;
                            ``(iii) send a written copy of those 
                        guidelines to each small business development 
                        center; and
                            ``(iv) identify national service delivery 
                        support requirements including personnel 
                        training, resource material development, 
                        communication technology, monitoring, and 
                        program evaluation.
                    ``(B) Guideline requirements.--The guidelines 
                published under subparagraph (A) shall--
                            ``(i) establish priorities for the types of 
                        assistance to be provided to small business 
                        concerns under the systems of voluntary 
                        compliance established by small business 
                        development centers or consortia under this 
                        section; and
                            ``(ii) with respect to that assistance, 
                        establish standards relating to educational, 
                        technical, and communications tools, resources, 
                        and support services to be provided to small 
                        business concerns.
                    ``(C) Program delivery.--The guidelines established 
                under subparagraph (A) shall--
                            ``(i) require that the assistance to small 
                        business concerns under this Act be carried out 
                        by small business development centers or by 
                        consortia of small business development 
                        centers; and
                            ``(ii) provide that certain national 
                        service delivery support requirements may be 
                        carried out under contract with an association 
                        representing the majority of small business 
                        development centers.
                    ``(D) Enforcement of guidelines.--For purposes of 
                this paragraph, the provision of small business 
                development center assistance shall not be considered 
                to be an enforcement action for any Federal agency.
            ``(3) Annual report.--The Council shall, on an annual 
        basis, submit to the President and to the Committees on Small 
        Business of the Senate and the House of Representatives a 
        report, which shall include--
                    ``(A) a description of the types of assistance 
                provided by small business development centers and 
                consortia of small business development centers to 
                small business concerns under this section;
                    ``(B) the level of outreach to small business 
                concerns achieved by small business development centers 
                and consortia of small business development centers 
                under this section;
                    ``(C) the quality and effectiveness of the 
                assistance provided by small business development 
                centers and consortia of small business development 
                centers to small business concerns under this section;
                    ``(D) problems encountered by small business 
                development centers and consortia of small business 
                development centers in carrying out this section; and
                    ``(E) recommendations for improvements in the 
                regulation of small business concerns.
    ``(e) Duties of Small Business Development Centers.--
            ``(1) Work plan.--Beginning not later than 60 days after 
        the date on which the guidelines are published by the Council 
        under subsection (d)(2)(A), each small business development 
        center shall, on an annual basis, submit to the Council a work 
        plan under which the small business development center, either 
individually or as part of a consortium of small business development 
centers, will carry out a system of voluntary compliance in accordance 
with those guidelines.
            ``(2) Assistance provided.--The assistance to small 
        business concerns under each system of voluntary compliance 
        established under paragraph (1) shall include--
                    ``(A) access to information and resources;
                    ``(B) training and educational activities;
                    ``(C) confidential one-on-one in-depth counseling;
                    ``(D) technical assistance; and
                    ``(E) referrals to experts.
            ``(3) Reports; recommendations.--Each small business 
        development center and consortium of small business development 
        centers shall--
                    ``(A) on a semiannual basis, submit to the Council 
                and to the Administrator a report on the assistance 
                provided by the small business development center or 
                consortium under the system of voluntary compliance 
                established under this section; and
                    ``(B) on an annual basis, submit to the Council and 
                to the Administrator recommendations for improving the 
                regulation of small business concerns.
            ``(4) Disclosure of information.--Nothing in this or any 
        other section shall require a small business development 
        center, any consortium of small business development centers, 
        or any person relied on by any such small business development 
        center to provide services, to disclose the name or address of 
        any small business concern participating in a system of 
        voluntary compliance under this section.
    ``(f) Evaluations.--
            ``(1) By the council.--
                    ``(A) In general.--Not less frequently than 
                annually, the Council shall evaluate each system of 
                voluntary compliance established under subsection 
                (e)(1).
                    ``(B) Compliance with work plans.--In carrying out 
                subparagraph (A), the Council--
                            ``(i) shall determine whether--
                                    ``(I) the participating small 
                                business development center or 
                                consortium is performing in accordance 
                                with the most recent annual work plan 
                                submitted by the small business 
                                development center or consortium under 
                                subsection (e)(1); and
                                    ``(II) the quality of assistance 
                                provided by the small business 
                                development center or consortium to 
                                small business concerns under this 
                                section is acceptable; and
                            ``(ii) may review any client records 
                        maintained by the small business development 
                        center or consortium, except that in conducting 
                        any such review, the Council shall ensure that 
                        the identity of clients and all information 
                        relating to clients remains confidential, and 
                        that no identifying information about any 
                        client is provided to any Federal agency.
            ``(2) Independent national assessment.--Upon the expiration 
        of the 3-year period beginning on the date on which all small 
        business development centers and consortia of small business 
        development centers begin implementation of the work plans 
        described under subsection (e)(1), the Council shall provide 
        for an evaluation by an independent third party of each system 
of voluntary compliance established under this section.
    ``(g) Funding.--To assist small business development centers and 
consortia of small business development centers in carrying out the 
system of voluntary compliance under this section, there are authorized 
to be appropriated--
            ``(1) to the Occupational Safety and Health Administration 
        of the Department of Labor, $1,100,000 for each of fiscal years 
        1997, 1998, 1999, 2000, and 2001;
            ``(2) to the Environmental Protection Agency--
                    ``(A) $11,750,000 for fiscal year 1997;
                    ``(B) $13,700,000 for fiscal year 1998;
                    ``(C) $16,400,000 for fiscal year 1999;
                    ``(D) $19,700,000 for fiscal year 2000; and
                    ``(E) $19,700,000 for fiscal year 2001; and
            ``(3) to the Internal Revenue Service of the Department of 
        the Treasury--
                    ``(A) $18,250,000 for fiscal year 1997;
                    ``(B) $22,800,000 for fiscal year 1998;
                    ``(C) $28,500,000 for fiscal year 1999;
                    ``(D) $35,600,000 for fiscal year 2000; and
                    ``(E) $35,600,000 for fiscal year 2001.''.
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