[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 750 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 750
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 HOUSE OF REPRESENTATIVES
February 27, 2001
Mrs. Kelly (for herself, Mr. English, Ms. Pryce of Ohio, and Mr.
Sweeney) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Small
Business, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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 Review Panel
Technical Amendments Act of 2001''.
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) with the concurrence of the Chief Counsel,
identify affected small entity representatives; and
``(ii) transmit the information referred to in
subparagraph (B) to the identified small entity
representatives 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) The head of the covered agency shall print in the Federal
Register the report of the review panel under paragraph (2)(C), by the
earlier of--
``(A) 120 days after the date the head of the covered
agency receives the report; or
``(B) as part of the publication of the notice of proposed
rulemaking for the proposed rule.
``(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 represents a
small entity.''.
SEC. 5. 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.
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