[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1156 Reported in Senate (RS)]






                                                       Calendar No. 273
106th CONGRESS
  1st Session
                                S. 1156

                          [Report No. 106-153]

  To amend provisions of law enacted by the Small Business Regulatory 
 Enforcement Fairness Act of 1996 to ensure full analysis of potential 
 impacts on small entities of rules proposed by certain agencies, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 1999

  Mr. Bond (for himself and Mr. Kerry) introduced the following bill; 
  which was read twice and referred to the Committee on Small Business

                           September 8, 1999

                 Reported by Mr. Bond, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend provisions of law enacted by the Small Business Regulatory 
 Enforcement Fairness Act of 1996 to ensure full analysis of potential 
 impacts on small entities of rules proposed by certain agencies, 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 Advocacy Review Panel 
Technical Amendments Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) A vibrant and growing small business sector is critical 
        to creating jobs in a dynamic economy.
            (2) Small businesses bear a disproportionate share of 
        regulatory costs and burdens.
            (3) Federal agencies must consider the impact of their 
        regulations on small businesses early in the rulemaking 
        process.
            (4) The Small Business Advocacy Review Panel process that 
        was established by the Small Business Regulatory Enforcement 
        Fairness Act of 1996 has been effective in allowing small 
        businesses to participate in rules that are being developed by 
        the Environmental Protection Agency and the Occupational Safety 
        and Health Administration.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To provide a forum for the effective participation of 
        small businesses in the Federal regulatory process.
            (2) To clarify and strengthen the Small Business Advocacy 
        Review Panel process.
            (3) To expand the number of Federal agencies that are 
        required to convene Small Business Advocacy Review Panels.

SEC. 3. ENSURING FULL ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES 
              OF RULES PROPOSED BY CERTAIN AGENCIES.

    Section 609(b) of title 5, United States Code, is amended to read 
as follows:
    ``(b)(1) Before the publication of an initial regulatory 
flexibility analysis that a covered agency is required to conduct under 
this chapter, the head of the covered agency shall--
            ``(A) notify the Chief Counsel for Advocacy of the Small 
        Business Administration (in this subsection referred to as the 
        `Chief Counsel') in writing;
            ``(B) provide the Chief Counsel with information on the 
        potential impacts of the proposed rule on small entities and 
        the type of small entities that might be affected; and
            ``(C) not later than 30 days after complying with 
        subparagraphs (A) and (B)--
                    ``(i) <DELETED>with the concurrence of</DELETED>  
                in consultation with the Chief Counsel, identify 
                affected small entity representatives; and
                    ``(ii) transmit to the identified small entity 
                representatives a detailed summary of the information 
                referred to in subparagraph (B) or the information in 
                full, if so requested by the small entity 
                representative, for the purposes of obtaining advice 
                and recommendations about the potential impacts of the 
                draft proposed rule.
    ``(2)(A) Not earlier than 30 days after the covered agency 
transmits information pursuant to paragraph (1)(C)(ii), the head of the 
covered agency shall convene a review panel for the draft proposed 
rule. The panel shall consist solely of full-time Federal employees of 
the office within the covered agency that will be responsible for 
carrying out the proposed rule, the Office of Information and 
Regulatory Affairs of the Office of Management and Budget, and the 
Chief Counsel.
    ``(B) The review panel shall--
            ``(i) review any material the covered agency has prepared 
        in connection with this chapter, including any draft proposed 
        rule;
            ``(ii) collect advice and recommendations from the small 
        entity representatives identified under paragraph (1)(C)(i) on 
        issues related to paragraphs (3), (4), and (5) of section 
        603(b) and section 603(c); and
            ``(iii) allow any small entity representative identified 
        under paragraph (1)(C)(i) to make an oral presentation to the 
        panel, if requested.
    ``(C) Not later than 60 days after the date a covered agency 
convenes a review panel pursuant to this paragraph, the review panel 
shall report to the head of the covered agency on--
            ``(i) the comments received from the small entity 
        representatives identified under paragraph (1)(C)(i); and
            ``(ii) its findings regarding issues related to paragraphs 
        (3), (4), and (5) of section 603(b) and section 603(c).
    ``(3)(A) Except as provided in subparagraph (B), the head of the 
covered agency shall print in the Federal Register the report of the 
review panel under paragraph (2)(C), including any written comments 
submitted by the small entity representatives and any appendices cited 
in the report, as soon as practicable, but not later than--
            ``(i) 180 days after the date the head of the covered 
        agency receives the report; or
            ``(ii) the date of the publication of the notice of 
        proposed rulemaking for the proposed rule.
    ``(B) The report of the review panel printed in the Federal 
Register shall not include any confidential business information 
submitted by any small entity representative.
    ``(4) Where appropriate, the covered agency shall modify the draft 
proposed rule, the initial regulatory flexibility analysis for the 
draft proposed rule, or the decision on whether an initial regulatory 
flexibility analysis is required for the draft proposed rule.''.

SEC. 4. DEFINITIONS.

    Section 609(d) of title 5, United States Code, is amended to read 
as follows:
    ``(d) For the purposes of this section--
            ``(1) the term `covered agency' means the Environmental 
        Protection Agency, the Occupational Safety and Health 
        Administration of the Department of Labor, and the Internal 
        Revenue Service of the Department of the Treasury; and
            ``(2) the term `small entity representative' means a small 
        entity, or an individual or organization that primarily 
        represents the interests of 1 or more small entities.''.

SEC. 5. COLLECTION OF INFORMATION REQUIREMENT.

    (a) Definition.--Section 601 of title 5, United States Code, is 
amended--
            (1) in paragraph (5) by inserting ``and'' after the 
        semicolon;
            (2) in paragraph (6) by striking ``; and'' and inserting a 
        period; and
            (3) by striking paragraphs (7) and (8).
    (b) Initial Regulatory Flexibility Analysis.--The <DELETED>fourth</DELETED> 
fifth sentence of section 603 of title 5, United States Code, is 
amended to read as follows: ``In the case of an interpretative rule 
involving the internal revenue laws of the United States, this chapter 
applies to interpretative rules (including proposed, temporary, and 
final regulations) published in the Federal Register for codification 
in the Code of Federal Regulations.''.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect upon the expiration of the 90-day period 
beginning on the date of the enactment of this Act.




                                                       Calendar No. 273

106th CONGRESS

  1st Session

                                S. 1156

                          [Report No. 106-153]

_______________________________________________________________________

                                 A BILL

  To amend provisions of law enacted by the Small Business Regulatory 
 Enforcement Fairness Act of 1996 to ensure full analysis of potential 
 impacts on small entities of rules proposed by certain agencies, and 
                          for other purposes.

_______________________________________________________________________

                           September 8, 1999

                        Reported with amendments