[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1271 Reported in Senate (RS)]
Calendar No. 234
107th CONGRESS
1st Session
S. 1271
To amend chapter 35 of title 44, United States Code, for the purpose of
facilitating compliance by small business concerns with certain Federal
paperwork requirements, to establish a task force to examine the
feasibility of streamlining paperwork requirements applicable to small
business concerns, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2001
Mr. Voinovich (for himself, Mrs. Lincoln, Mr. Leahy, Mr. Bond, Mr.
Conrad, Mr. Miller, Mr. Jeffords, Mr. Bunning, Mr. Cleland, Mr. Carper,
Mr. Lieberman, Mr. Thompson, and Ms. Collins) introduced the following
bill; which was read twice and referred to the Committee on
Governmental Affairs
November 27, 2001
Reported by Mr. Lieberman, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend chapter 35 of title 44, United States Code, for the purpose of
facilitating compliance by small business concerns with certain Federal
paperwork requirements, to establish a task force to examine the
feasibility of streamlining paperwork requirements applicable 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Small Business Paperwork
Relief Act of 2001''.</DELETED>
<DELETED>SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK
REQUIREMENTS.</DELETED>
<DELETED> (a) Requirements Applicable to the Director of OMB.--
Section 3504(c) of title 44, United States Code (commonly referred to
as the ``Paperwork Reduction Act''), is amended--</DELETED>
<DELETED> (1) in paragraph (4), by striking ``; and'' and
inserting a semicolon;</DELETED>
<DELETED> (2) in paragraph (5), by striking the period and
inserting a semicolon; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(6) publish in the Federal Register on an annual
basis a list of the collections of information applicable to
small-business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)), organized by North American
Industrial Classification System code and industrial/sector
description (as published by the Office of Management and
Budget), with the first such publication occurring not later
than 1 year after the date of enactment of the Small Business
Paperwork Relief Act of 2001; and</DELETED>
<DELETED> ``(7) make available on the Internet, not later
than 1 year after the date of enactment of the Small Business
Paperwork Relief Act of 2001, the list of requirements
described in paragraph (6).''.</DELETED>
<DELETED> (b) Establishment of Agency Point of Contact.--Section
3506 of title 44, United States Code, is amended by adding at the end
the following:</DELETED>
<DELETED> ``(i) In addition to the requirements described in
subsection (c), each agency shall, with respect to the collection of
information and the control of paperwork, establish 1 point of contact
in the agency to act as a liaison between the agency and small-business
concerns (as defined in section 3 of the Small Business Act (15 U.S.C.
632)).''.</DELETED>
<DELETED> (c) Additional Reduction of Paperwork for Certain Small
Businesses.--Section 3506(c) of title 44, United States Code, is
amended--</DELETED>
<DELETED> (1) in paragraph (2)(B), by striking ``; and'' and
inserting a semicolon;</DELETED>
<DELETED> (2) in paragraph (3)(J), by striking the period
and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(4) in addition to the requirements of this
chapter regarding the reduction of paperwork for small-business
concerns (as defined in section 3 of the Small Business Act (15
U.S.C. 632)), make efforts to further reduce the paperwork
burden for small-business concerns with fewer than 25
employees.''.</DELETED>
<DELETED>SEC. 3. ESTABLISHMENT OF TASK FORCE TO STUDY STREAMLINING OF
PAPERWORK REQUIREMENTS FOR SMALL-BUSINESS
CONCERNS.</DELETED>
<DELETED> (a) In General.--Chapter 35 of title 44, United States
Code, is amended--</DELETED>
<DELETED> (1) by redesignating section 3520 as section 3521;
and</DELETED>
<DELETED> (2) by inserting after section 3519 the
following:</DELETED>
<DELETED>``Sec. 3520. Establishment of task force on feasibility of
streamlining information collection
requirements</DELETED>
<DELETED> ``(a) There is established a task force to study the
feasibility of streamlining requirements with respect to small-business
concerns regarding collection of information (in this section referred
to as the `task force').</DELETED>
<DELETED> ``(b) The members of the task force shall be appointed by
the Director, and include--</DELETED>
<DELETED> ``(1) not less than 2 representatives of the
Department of Labor, including 1 representative of the Bureau
of Labor Statistics and 1 representative of the Occupational
Safety and Health Administration;</DELETED>
<DELETED> ``(2) not less than 1 representative of the
Environmental Protection Agency;</DELETED>
<DELETED> ``(3) not less than 1 representative of the
Department of Transportation;</DELETED>
<DELETED> ``(4) not less than 1 representative of the Office
of Advocacy of the Small Business Administration;</DELETED>
<DELETED> ``(5) not less than 1 representative of each of
two agencies other than the Department of Labor, the
Environmental Protection Agency, the Department of
Transportation, and the Small Business Administration;
and</DELETED>
<DELETED> ``(6) not less than 2 representatives of the
Department of Health and Human Services, including one
representative of the Health Care Financing
Administration.</DELETED>
<DELETED> ``(c) The task force shall--</DELETED>
<DELETED> ``(1) recommend a system to clarify which small
businesses within particular North American Industrial
Classification System codes are subject to which information
compliance requirements; and</DELETED>
<DELETED> ``(2) examine the feasibility of requiring each
agency to consolidate requirements regarding collections of
information with respect to small-business concerns, in order
that each small business concern may submit all information
required by the agency--</DELETED>
<DELETED> ``(A) to 1 point of contact in the
agency;</DELETED>
<DELETED> ``(B) in a single format, such as a single
electronic reporting system, with respect to the
agency; and</DELETED>
<DELETED> ``(C) on the same date.</DELETED>
<DELETED> ``(d) Not later than 1 year after the date of enactment of
the Small Business Paperwork Relief Act of 2001, the task force shall
submit a report of its findings under subsection (c) to the
chairpersons and ranking minority members of the Committee on
Governmental Affairs and the Committee on Small Business of the Senate,
and the Committee on Government Reform and the Committee on Small
Business of the House of Representatives.</DELETED>
<DELETED> ``(e) In this section, the term `small business concern'
has the meaning given under section 3 of the Small Business Act (15
U.S.C. 632).''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--The table of
sections for chapter 35 of title 44, United States Code, is amended by
striking the item relating to section 3520 and inserting the
following:</DELETED>
<DELETED>``3520. Establishment of task force on feasibility of
streamlining information collection
requirements.
<DELETED>``3521. Authorization of appropriations.''.
<DELETED>SEC. 4. REGULATORY ENFORCEMENT REFORMS.</DELETED>
<DELETED> Section 223 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) is amended by striking
subsection (c) and inserting:</DELETED>
<DELETED> ``(c) Reports.--</DELETED>
<DELETED> ``(1) In general.--Not later than 1 year after the
date of enactment of the Small Business Paperwork Relief Act of
2001, and not later than every 2 years thereafter, each agency
shall submit a report to the Committee on Governmental Affairs
and the Committee on Small Business of the Senate, and the
Committee on the Judiciary and the Committee on Small Business
of the House of Representatives, that includes information with
respect to the applicable 1-year period or 2-year period
covered by the report on each of the following:</DELETED>
<DELETED> ``(A) The number of enforcement actions in
which a civil penalty is assessed or proposed to be
assessed.</DELETED>
<DELETED> ``(B) The number of enforcement actions in
which a civil penalty is assessed or proposed to be
assessed against a small entity.</DELETED>
<DELETED> ``(C) The number of enforcement actions
described under subparagraphs (A) and (B) in which the
civil penalty is reduced or waived.</DELETED>
<DELETED> ``(D) The total monetary amount of the
reductions or waivers referred to under subparagraph
(C).</DELETED>
<DELETED> ``(2) Definitions in reports.--Each report under
paragraph (1) shall include definitions of the terms
`enforcement actions', `reduction or waiver', and `small
entity' as used in the report.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Paperwork Relief Act
of 2001''.
SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK REQUIREMENTS.
(a) Requirements Applicable to the Director of OMB.--Section
3504(c) of title 44, United States Code (commonly referred to as the
``Paperwork Reduction Act''), is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(6) publish in the Federal Register and make available on
the Internet (in consultation with the Small Business
Administration) on an annual basis a list of the compliance
assistance resources available to small businesses, with the
first such publication occurring not later than 1 year after
the date of enactment of the Small Business Paperwork Relief
Act of 2001.''.
(b) Establishment of Agency Point of Contact.--Section 3506 of
title 44, United States Code, is amended by adding at the end the
following:
``(i)(1) In addition to the requirements described in subsection
(c), each agency described under paragraph (2) shall, with respect to
the collection of information and the control of paperwork, establish 1
point of contact in the agency to act as a liaison between the agency
and small business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)). Each such point of contact shall be
established not later than 1 year after the date of enactment of the
Small Business Paperwork Relief Act of 2001.
``(2) An agency described under this paragraph is--
``(A) any agency with a head that is listed at a level I
position on the Executive Schedule under section 5312 of title
5; and
``(B) the Federal Communications Commission, the Securities
and Exchange Commission, and the Environmental Protection
Agency.''.
(c) Additional Reduction of Paperwork for Certain Small
Businesses.--Section 3506(c) of title 44, United States Code, is
amended--
(1) in paragraph (2)(B), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (3)(J), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in addition to the requirements of this chapter
regarding the reduction of information collection burdens for
small business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)), make efforts to--
``(A) further reduce the information collection
burden for small business concerns with fewer than 25
employees; and
``(B) eliminate any unnecessary paperwork
burdens.''.
SEC. 3. ESTABLISHMENT OF TASK FORCE ON INFORMATION COLLECTION AND
DISSEMINATION.
(a) In General.--Chapter 35 of title 44, United States Code, is
amended--
(1) by redesignating section 3520 as section 3521; and
(2) by inserting after section 3519 the following:
``Sec. 3520. Establishment of task force on information collection and
dissemination
``(a) There is established a task force to study the feasibility of
streamlining requirements with respect to small business concerns
regarding collection of information and strengthening dissemination of
information (in this section referred to as the `task force').
``(b) The members of the task force shall be appointed by the
Director, and include--
``(1) not less than 2 representatives of the Department of
Labor, including 1 representative of the Bureau of Labor
Statistics and 1 representative of the Occupational Safety and
Health Administration;
``(2) not less than 1 representative of the Environmental
Protection Agency;
``(3) not less than 1 representative of the Department of
Transportation;
``(4) not less than 1 representative of the Office of
Advocacy of the Small Business Administration;
``(5) not less than 1 representative of the Internal
Revenue Service;
``(6) not less than 2 representatives of the Department of
Health and Human Services, including 1 representative of the
Health Care Financing Administration;
``(7) not less than 1 representative of the Department of
Agriculture;
``(8) not less than 1 representative of the Department of
Interior;
``(9) not less than 1 representative of the General
Services Administration;
``(10) not less than 1 representative of each of 2 agencies
not represented by representatives described under paragraphs
(1) through (9) and (11);
``(11) 1 representative of the Director, who shall convene
and chair the task force; and
``(12) not less than 3 representatives of the small
business community.
``(c) The task force shall--
``(1) recommend a plan for the development of an
interactive Government application, available through the
Internet, to allow each small business to better understand
which Federal requirements regarding collection of information
(and, when possible, which other Federal regulatory
requirements) apply to that particular business;
``(2) identify ways to integrate the collection of
information across Federal agencies and programs and examine
the feasibility of requiring each agency to consolidate
requirements regarding collections of information with respect
to small business concerns, within and across agencies without
negatively impacting the effectiveness of underlying laws and
regulations regarding such collections of information, in order
that each small business concern may submit all information
required by the agency--
``(A) to 1 point of contact in the agency; and
``(B) in a single format, such as a single
electronic reporting system, with respect to the
agency;
``(3) examine the feasibility and helpfulness to small
businesses of the Director publishing a list of the collections
of information applicable to small business concerns (as
defined in section 3 of the Small Business Act (15 U.S.C.
632)), organized--
``(A) by North American Industrial Classification
System code;
``(B) industrial/sector description; or
``(C) in another manner by which small business
concerns can more easily identify requirements with
which those small business concerns are expected to
comply; and
``(4) examine the savings, including cost savings, for
implementing a system of electronic paperwork submissions.
``(d) Not later than 1 year after the date of enactment of the
Small Business Paperwork Relief Act of 2001, the task force shall
submit a report of its findings under subsection (c) to--
``(1) the Director; and
``(2) the chairpersons and ranking minority members of--
``(A) the Committee on Governmental Affairs and the
Committee on Small Business of the Senate; and
``(B) the Committee on Government Reform and the
Committee on Small Business of the House of
Representatives.
``(e) In this section, the term `small business concern' has the
meaning given under section 3 of the Small Business Act (15 U.S.C.
632).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 35 of title 44, United States Code, is amended by striking the
item relating to section 3520 and inserting the following:
``3520. Establishment of task force on information collection and
dissemination.
``3521. Authorization of appropriations.''.
SEC. 4. REGULATORY ENFORCEMENT REFORMS.
Section 223 of the Small Business Regulatory Enforcement Fairness
Act of 1996 (5 U.S.C. 601 note) is amended by striking subsection (c)
and inserting:
``(c) Reports.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Small Business Paperwork Relief Act of 2001,
and not later than every 2 years thereafter, each agency shall
submit a report to the Director of the Office of Management and
Budget and the chairpersons and ranking minority members of the
Committee on Governmental Affairs and the Committee on Small
Business of the Senate, and the Committee on the Judiciary and
the Committee on Small Business of the House of
Representatives, that includes information with respect to the
applicable 1-year period or 2-year period covered by the report
on each of the following:
``(A) The number of enforcement actions in which a
civil penalty is assessed.
``(B) The number of enforcement actions in which a
civil penalty is assessed against a small entity.
``(C) The number of enforcement actions described
under subparagraphs (A) and (B) in which the civil
penalty is reduced or waived.
``(D) The total monetary amount of the reductions
or waivers referred to under subparagraph (C).
``(2) Definitions in reports.--Each report under paragraph
(1) shall include definitions of the terms `enforcement
actions', `reduction or waiver', and `small entity' as used in
the report.''.
Amend the title so as to read: ``A bill to amend chapter 35
of title 44, United States Code, for the purpose of
facilitating compliance by small business concerns with certain
Federal paperwork requirements, to establish a task force to
examine information collection and dissemination, and for other
purposes.''.
Calendar No. 234
107th CONGRESS
1st Session
S. 1271
_______________________________________________________________________
A BILL
To amend chapter 35 of title 44, United States Code, for the purpose of
facilitating compliance by small business concerns with certain Federal
paperwork requirements, to establish a task force to examine the
feasibility of streamlining paperwork requirements applicable to small
business concerns, and for other purposes.
_______________________________________________________________________
November 27, 2001
Reported with an amendment and an amendment to the title