[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4231 Engrossed in House (EH)]


  2d Session

                               H. R. 4231

_______________________________________________________________________

                                 AN ACT

      To improve small business advocacy, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 4231

_______________________________________________________________________

                                 AN ACT


 
      To improve small business advocacy, 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 Improvement 
Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Excessive regulations continue to burden the Nation's 
        small businesses.
            (2) Federal agencies continue to propose regulations that 
        impose disproportionate burdens on small businesses.
            (3) An independent office of small business advocacy will 
        help to ensure that Federal agencies are responsive to small 
        businesses and that those agencies comply with their statutory 
        obligations with respect to small businesses.
            (4) The independence of an office that acts as an advocate 
        for small businesses is essential to ensure that it can serve 
        as an effective advocate without being restricted by the views 
        or policies of the Small Business Administration or any other 
        Federal executive branch agency.
            (5) To be effective an office that acts as an advocate for 
        small businesses needs sufficient resources to conduct 
        creditable economic studies and research which are necessary 
        for the maintenance of small business databases and for the 
        accurate assessment of the impact of regulations on small 
        businesses, the role of small business in the Nation's economy, 
        and the barriers to the growth of small businesses.
            (6) The research, information, and expertise provided by an 
        independent office of small business advocacy will be a 
        valuable source of information and advice for Congress and 
        Federal agencies with which the office will work on behalf of 
        small businesses.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure that there exists an entity that has the 
        statutory independence and adequate financial resources to 
        effectively advocate for and on behalf of small business;
            (2) to require that such an entity report to the Chairmen 
        and Ranking Members of the Committee on Small Business of the 
        House of Representatives and the Committee on Small Business 
        and Entrepreneurship of the Senate, and to the Administrator of 
        the Small Business Administration in order to keep them fully 
        and currently informed about issues and regulations affecting 
        small business concerns and the necessity for corrective action 
        by the regulatory agency or Congress;
            (3) to provide a separate authorization for appropriations 
        for such an entity; and
            (4) to strengthen the role of the Small Business and 
        Agriculture Regulatory Enforcement Ombudsman by ensuring 
        greater cooperation between the Ombudsman and the Office of 
        Advocacy of the Small Business Administration.

SEC. 3. APPOINTMENT OF CHIEF COUNSEL OF ADVOCACY.

    (a) In General.--Section 201 of Public Law 94-305 (15 U.S.C. 634a) 
is amended--
            (1) by inserting ``(a)'' before ``There is established'';
            (2) by striking the second sentence; and
            (3) by adding at the end the following:
    ``(b) The management of the Office shall be vested in a Chief 
Counsel for Advocacy who shall be appointed from civilian life by the 
President, by and with the advice and consent of the Senate, and who 
should be appointed without regard to political affiliation and on the 
basis of fitness to perform the duties of the office.
    ``(c) No individual may be appointed under subsection (b) if such 
individual has served as an officer or employee of the Small Business 
Administration during the 5-year period preceding the date of such 
individual's appointment.
    ``(d) Any Chief Counsel appointed after the date of the enactment 
of this subsection shall be paid at a rate not to exceed the rate of 
basic pay for level III of the Executive Schedule.
    ``(e) After the expiration of the term of a President, the Chief 
Counsel may continue to serve at the pleasure of the President for a 
period of not to exceed one year until such date as a successor to the 
Chief Counsel is nominated.''.
    (b) Incumbent Chief Counsel for Advocacy.--The individual serving 
as the Chief Counsel for Advocacy of the Small Business Administration 
on the date of the enactment of this Act shall continue to serve in 
that position after such date in accordance with section 201 of Public 
Law 94-305 (15 U.S.C. 634a), as amended by this section.

SEC. 4. PRIMARY FUNCTIONS OF OFFICE OF ADVOCACY.

    Section 202 of Public Law 94-305 (15 U.S.C. 634b) is amended--
            (1) in paragraph (6) by striking ``to minority 
        enterprises'' and inserting ``to small business concerns owned 
        and controlled by socially and economically disadvantaged 
        individuals, to small business concerns owned and controlled by 
        women, and to small business concerns owned and controlled by 
        veterans'';
            (2) in paragraph (7) by striking ``minority enterprises'' 
        and inserting ``small business concerns owned and controlled by 
        socially and economically disadvantaged individuals, small 
        business concerns owned and controlled by women, and small 
        business concerns owned and controlled by veterans'';
            (3) in paragraph (8) by striking ``minority and other small 
        business enterprises'' and inserting ``small business concerns 
        owned and controlled by socially and economically disadvantaged 
        individuals, small business concerns owned and controlled by 
        women, small business concerns owned and controlled by 
        veterans, and other small businesses'';
            (4) in paragraph (9) by striking ``complete'' and inserting 
        ``compete'';
            (5) by striking paragraph (11);
            (6) by redesignating paragraph (12) as paragraph (11);
            (7) in paragraph (11) (as so redesignated)--
                    (A) by striking ``serviced-disabled'' and inserting 
                ``service-disabled''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (8) by adding at the end the following:
            ``(12) make such recommendations and submit such reports as 
        the Chief Counsel determines appropriate to the President, to 
        the Chairmen and Ranking Members of the Committee on Small 
        Business of the House of Representatives and the Committee on 
        Small Business and Entrepreneurship of the Senate, and to the 
        Administrator of the Small Business Administration, with 
        respect to issues and regulations affecting small businesses 
        and the necessity for corrective action by any Federal agency 
        or by Congress.''.

SEC. 5. ADDITIONAL FUNCTIONS.

    (a) In General.--Section 203 of Public Law 94-305 (15 U.S.C. 634c) 
is amended--
            (1) by inserting ``(a)'' before ``The Office of Advocacy 
        shall also perform''; and
            (2) in subsection (a) (as so designated)--
                    (A) in paragraph (4) by striking ``and'' at the 
                end;
                    (B) in paragraph (5) by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(6) maintain economic databases and make the information 
        contained therein available to the Administrator of the Small 
        Business Administration and to Congress;
            ``(7) carry out the responsibilities of the Chief Counsel 
        under chapter 6 of title 5, United States Code; and
            ``(8) enter into a memorandum of understanding with the 
        Small Business and Agriculture Regulatory Enforcement Ombudsman 
        regarding methods and procedures for cooperation between the 
        Ombudsman and the Office of Advocacy and transmit a copy of 
        such memorandum to the Committee on Small Business of the House 
        of Representatives and the Committee on Small Business and 
        Entrepreneurship of the Senate.''.
    (b) Appropriation Request.--Section 203 of Public Law 94-305 (15 
U.S.C. 634c) is further amended by adding at the end the following:
    ``(b)(1) For each fiscal year, the Chief Counsel shall transmit the 
Office of Advocacy's appropriation estimate and request to the Office 
of Management and Budget, the Committee on Small Business of the House 
of Representatives, the Committee on Small Business and 
Entrepreneurship of the Senate, and the Committees on Appropriations of 
the House of Representatives and the Senate.
    ``(2) Each budget of the United States Government submitted by the 
President shall include a separate statement of the amount of 
appropriations requested for the Office of Advocacy.''.

SEC. 6. DEPUTY CHIEF COUNSELS AND REGIONAL ADVOCATES.

    Section 204 of Public Law 94-305 (15 U.S.C. 634d) is amended--
            (1) by inserting ``(a)'' before ``In carrying out''; and
            (2) by adding at the end the following:
    ``(b)(1) The Chief Counsel may appoint 2 individuals to serve as 
Deputy Chief Counsels.
    ``(2) Notwithstanding any other provision of this section, the pay 
rate for each Deputy Chief Counsel may not exceed the rate of basic pay 
for level III of the Senior Executive Service.
    ``(3) Individuals appointed to positions under this subsection 
shall not be counted toward the limitation contained in subsection 
(a)(1) regarding the number of individuals who may be compensated at a 
rate in excess of the lowest rate for GS-15 of the General Schedule.
    ``(c) The Chief Counsel may appoint regional advocates within each 
Standard Federal Region as appropriate. Such regional advocates shall--
            ``(1) assist in examining the role of small business in the 
        economy of the United States by identifying academic and other 
        research institutions that focus on small business concerns and 
        linking these research resources to research activities 
        conducted by the Office of Advocacy;
            ``(2) assist in representing the views and interests of 
        small business concerns before Federal agencies whose policies 
        and activities may affect small business;
            ``(3) in coordination with the Small Business and 
        Agriculture Regulatory Enforcement Ombudsman, assist the 
        functioning of regional small business fairness boards;
            ``(4) assist in enlisting the cooperation and assistance of 
        public and private agencies, businesses, and other 
        organizations in disseminating information about the programs 
        and services provided by the Federal Government that are of 
        benefit to small business concerns and the means by which small 
        business concerns can participate in or make use of such 
        programs and services; and
            ``(5) carry out such duties pursuant to the mission of the 
        Office of Advocacy as the Chief Counsel may assign.''.

SEC. 7. OVERHEAD AND ADMINISTRATIVE SUPPORT.

    Section 205 of Public Law 94-305 (15 U.S.C. 634e) is amended by 
inserting before ``Each department'' the following:
    ``(a) 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 of the Administration, 
together with such equipment, office supplies, communications 
facilities, and personnel and maintenance services as may be necessary 
for the operation of such offices.
    ``(b)''.

SEC. 8. REPORTS.

    Section 206 of Public Law 94-305 (15 U.S.C. 634f) is amended by 
striking ``The Chief Counsel may'' and all that follows through ``on 
his activities.'' and inserting the following:
    ``(a) Not less than annually, the Chief Counsel shall submit to the 
President, the Committee on Small Business of the House of 
Representatives, the Committee on Small Business and Entrepreneurship 
of the Senate, the Committee on Government Affairs of the Senate, the 
Committee on Government Reform of the House of Representatives, and the 
Committees on the Judiciary of the Senate and the House of 
Representatives, and the Administrator of the Small Business 
Administration a report on agency compliance with chapter 6 of title 5, 
United States Code.
    ``(b) In addition to the reports required by this title, the Chief 
Counsel may prepare and publish such other reports as the Chief Counsel 
determines appropriate.
    ``(c)''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    Section 207 of Public Law 94-305 (15 U.S.C. 634g) is amended by 
striking ``not to exceed $1,000,000'' and inserting ``$10,000,000 for 
fiscal year 2003, $12,000,000 for fiscal year 2004, and $14,000,000 for 
fiscal year 2005''.

SEC. 10. CONFORMING AMENDMENTS.

    (a) Executive Pay Schedule.--Title 5, United States Code, is 
amended--
            (1) in section 5314 by adding at the end the following:
            ``Chief Counsel for Advocacy, Small Business 
        Administration.''; and
            (2) in section 5315 by striking the following:
            ``Chief Counsel for Advocacy, Small Business 
        Administration.''.
    (b) Rural Tourism Training Program.--Section 311 of the Small 
Business Administration Reauthorization and Amendments Act of 1990 (15 
U.S.C. 653 note; 104 Stat. 2832) is amended by striking ``Chief Counsel 
for Advocacy'' and inserting ``Administrator''.
    (c) Small Business and Agriculture Regulatory Enforcement 
Ombudsman.--Section 30(b)(2) of the Small Business Act (15 U.S.C. 
657(b)(2)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) enter into a memorandum of understanding with 
                the Office of Advocacy regarding methods and procedures 
                for cooperation between the Ombudsman and the Office of 
                Advocacy.''.

            Passed the House of Representatives May 21, 2002.

            Attest:

                                                                 Clerk.