[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1957 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1957

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 3, 1998

Mr. Burns (for himself, Mr. Dorgan, Mr. Chafee, Mr. Leahy, Mr. Kerrey, 
Mr. D'Amato, Mr. Murkowski, Mr. Roberts, and Mr. Helms) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Small Business

_______________________________________________________________________

                                 A BILL


 
 To provide regulatory 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 ``Small Business Regulatory Assistance 
Act of 1998''.

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 
        voluntary compliance by small business concerns with Federal 
        regulations;
            (2) improve the level of outreach to the small business 
        community; and
            (3) provide for unbiased feedback to Federal agencies on 
        the small business regulatory environment.

SEC. 3. ESTABLISHMENT OF PROGRAM.

    The Small Business Act (15 U.S.C. 637 et seq.) is amended by 
inserting after section 21A the following:

``SEC. 21B. SMALL BUSINESS REGULATORY RELIEF.

    ``(a) Definitions.--In this section:
            ``(1) Assistant administrator.--The term `Assistant 
        Administrator' means the Assistant Administrator for Small 
        Business Development Centers of the Administration.
            ``(2) Compliance assistance plan.--The term `compliance 
        assistance plan' means a 5-year plan jointly developed and 
        revised annually by each participating agency, the Assistant 
        Administrator, and representatives of an association 
        representing a majority of small business development centers, 
        for the establishment and maintenance of the system of 
        voluntary compliance.
            ``(3) Participating agency.--The term `participating 
        agency' means--
                    ``(A) the Internal Revenue Service of the 
                Department of the Treasury;
                    ``(B) the Environmental Protection Agency; and
                    ``(C) the Department of Labor.
            ``(4) Small business development center.--The term `small 
        business development center'--
                    ``(A) means a small business development center 
                established pursuant to section 21; and
                    ``(B) includes a consortium of 2 or more small 
                business development centers.
            ``(5) System of voluntary compliance.--The term `system of 
        voluntary compliance' means a system under which small business 
        development centers provide confidential assistance to 1 or 
        more small business concerns in achieving voluntary compliance 
        with regulatory requirements imposed on small business concerns 
        by a participating agency.
    ``(b) Duties of the Participating Agency--
            ``(1) Compliance assistance plan.--Not later than 90 days 
        after the enactment of the Small Business Regulatory Assistance 
        Act of 1998 and annually thereafter, each participating agency, 
        the Assistant Administrator, and representatives of an 
        association representing a majority of small business 
        development centers, shall agree to a compliance assistance 
        plan.
            ``(2) Contents of the compliance assistance plan.--The 
        compliance assistance plan agreed to under paragraph (1) shall 
        include--
                    ``(A) the regulatory compliance objectives of each 
                participating agency;
                    ``(B) the regulatory compliance priorities of each 
                participating agency;
                    ``(C) identification of the types of services, 
                materials, and resources to be developed or used by 
                each participating agency;
                    ``(D) identification of facilities, expertise, and 
                other resources of each participating agency that may 
                be accessed by the Assistant Administrator, a small 
                business development center, or a small business 
                concern participating in the system of voluntary 
                compliance established under this section; and
                    ``(E) performance outcome measures and evaluation 
                criteria to be used by each participating agency in 
                evaluating the effectiveness of the system of voluntary 
compliance established under this section.
    ``(c) Duties of the Office of Small Business Development Centers.--
            ``(1) Implementation and administration of the compliance 
        assistance plan.--
                    ``(A) In general.--Based on the compliance 
                assistance plan agreed to under subsection (b)(1), not 
                later than 180 days after the date of enactment of the 
                Small Business Regulatory Assistance Act of 1998, the 
                Assistant Administrator, with the agreement of an 
                association representing a majority of small business 
                development centers, shall develop and publish 
                guidelines for the establishment by small business 
                development centers of the system of voluntary 
                compliance in accordance with this section.
                    ``(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 system of voluntary 
                        compliance established by small business 
                        development centers under this section; and
                            ``(ii) establish standards relating to 
                        educational, technical, and support services 
                        required by small business development centers 
                        to provide a system of voluntary compliance.
                    ``(C) Program delivery.--The guidelines established 
                under subparagraph (A) shall--
                            ``(i) require that the assistance to small 
                        business concerns participating in the system 
                        of voluntary compliance under this section to 
                        be carried out by small business development 
                        centers, which shall, to the maximum extent 
                        practicable, access other existing Federal and 
                        State nonpunitive, compliance and technical 
                        assistance programs, including, but not limited 
                        to, the technical and environmental compliance 
                        assistance programs established under section 
                        507 of the Clean Air Act Amendments of 1990; 
                        and
                            ``(ii) provide that certain national 
                        service delivery and support requirements be 
                        carried out under contract with an association 
                        representing the majority of small business 
                        development centers.
                    ``(D) Issuance of grant.--Not later than 150 days 
                after the submission of work plans under subsection 
                (d)(1), the Assistant Administrator shall make a grant 
                to each small business development center to carry out 
                the system of voluntary compliance.
    ``(d) Duties of Small Business Development Centers.--
            ``(1) Work plan.--Beginning not later that 60 days after 
        the date on which the guidelines are published by the Assistant 
        Administrator under subsection (c)(1)(A), each small business 
        development center shall, on an annual basis, submit to the 
        Assistant Administrator a work plan under which the small 
        business development center will carry out the system of 
        voluntary compliance in accordance with such guidelines.
            ``(2) Assistance provided.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                assistance to small business concerns participating in 
                the system of voluntary compliance shall include--
                            ``(i) access to information and resources;
                            ``(ii) training and educational activities;
                            ``(iii) confidential, free-of-charge, one-
                        on-one in-depth counseling;
                            ``(iv) technical assistance; and
                            ``(v) referrals to experts.
                    ``(B) Exception for legal services.--No small 
                business development center (or any person relied on by 
                a small business development center in providing 
                assistance under this section) shall provide legal 
                services, other than the provision of basic business 
                law information, without the endorsement of the State 
                Bar Association of each State in which the small 
                business development center (or any person relied on by 
                a small business development center in providing 
                assistance under this section) are providing services 
                under this section.
            ``(3) Reports; recommendations--
                    ``(A) In general.--Each small business development 
                center receiving assistance under this section shall, 
                on an annual basis, submit to the Assistant 
                Administrator a report on the assistance provided by 
                the small business development center under this 
                section.
                    ``(B) Privacy protection.--No small business 
                development center (or any person relied on by a small 
                business development center in providing assistance 
                under this section) shall be required to disclose the 
                name or address of any small business concern 
                participating in the system of voluntary compliance 
                under this section.
                    ``(C) Audits.--Subparagraph (B) shall not be 
                construed to prevent the Assistant Administrator or the 
                Inspector General of the Administration from auditing a 
                small business development center (or any person relied 
                on by a small business development center in providing 
                assistance under this section).
    ``(e) Evaluations.--
            ``(1) Annual report.--The Assistant Administrator shall, on 
        an annual basis, submit to the Committees on Small Business of 
        the Senate and the House of Representatives and to the 
        Regulatory Fairness Board established under section 29 a 
        report, which shall include--
                    ``(A) a description of the types of assistance 
                provided by small business development centers to small 
                business concerns participating in the system of 
                voluntary compliance;
                    ``(B) the level of outreach to small business 
                concerns achieved by small business development centers 
                under this section; and
                    ``(C) recommendations for improvements in the 
                regulation of small business concerns participating in 
                the system of voluntary compliance.
            ``(2) Independent national assessment.--Upon the expiration 
        of the 3-year period beginning on the date on which a majority 
        of small business development centers have received grants to 
        begin implementation of the work plans described under 
        subsection (d)(1), the Comptroller General of the United States 
        shall provide for an evaluation of the system of voluntary 
        compliance established under this section which shall be 
        submitted to the Committees on Small Business of the Senate and 
        the House of Representatives.
    ``(f) Funding.--
            ``(1) In general.--Subject to paragraph (2), the total 
        amount received under this section in any fiscal year by small 
        business development centers located in a State shall not 
        exceed the sum of--
                    ``(A) the State's pro rata share of the amount made 
                available under subsection (g), based on the population 
                of the State as compared to the total population in the 
                United States; and
                    ``(B) $300,000.
            ``(2) Exception.--Amounts made available to a small 
        business development center by the Administration or another 
        agency to carry out section 21(c)(3)(G) shall not be included 
        in the calculation of maximum funding of a small business 
        development center under paragraph (1).
            ``(3) Exemption from matching requirement.--Amounts made 
        available to a small business development center under this 
        section shall not be subject to the matching funds requirements 
        or the eligibility requirements of section 21(a)(4).
            ``(4) Certification requirement.--
                    ``(A) In general.--Subject to subparagraph (B), 
                after September 30, 2000, the Assistant Administrator 
                may not make any amount available under this section to 
                a small business development center, unless the small 
                business development center (or with respect to a 
                consortium of small business development centers 
                receiving assistance under this section as a single 
                grantee, each center within consortium) has been 
                approved under the certification program under section 
                21(k)(2).
                    ``(B) Waiver.--The Associate Administrator may 
                waive the requirements of subparagraph (A) with respect 
                to a small business development center if the Associate 
                Administrator determines that the small business 
                development center is making a good faith effort to 
                obtain the certification described in subparagraph (A).
            ``(5) Administrative costs.--Not more than 2 percent of the 
        amount made available under subsection (g) in each fiscal year 
        may be used by the Assistant Administrator for the costs of 
        administration, evaluation, and reporting under this section.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $40,000,000 for fiscal year 1999;
            ``(2) $50,000,000 for fiscal year 2000;
            ``(3) $62,000,000 for fiscal year 2001; and
            ``(4) $77,000,000 for fiscal year 2002.''.
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