[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 230 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 230

  To amend the Small Business Act to direct the Administrator of the 
    Small Business Administration to establish a program to provide 
 regulatory compliance assistance to small business concerns, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2005

 Mr. Sweeney introduced the following bill; which was referred to the 
                      Committee on Small Business

_______________________________________________________________________

                                 A BILL


 
  To amend the Small Business Act to direct the Administrator of the 
    Small Business Administration to establish a program to provide 
 regulatory compliance 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 ``National Small Business Regulatory 
Assistance Act of 2005''.

SEC. 2. PURPOSE.

     The purpose of this Act is to establish a program to--
            (1) provide confidential assistance to small business 
        concerns;
            (2) provide small business concerns with the information 
        necessary to improve their rate of compliance with Federal and 
        State regulations;
            (3) create a partnership among Federal agencies to increase 
        outreach efforts to small business concerns with respect to 
        regulatory compliance;
            (4) provide a mechanism for unbiased feedback to Federal 
        agencies on the regulatory environment for small business 
        concerns; and
            (5) utilize the service delivery network of Small Business 
        Development Centers to improve access of small business 
        concerns to programs to assist them with regulatory compliance.

SEC. 3. DEFINITIONS.

     In this Act, the definitions set forth in section 36(a) of the 
Small Business Act (as added by section 4 of this Act) shall apply.

SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM.

     The Small Business Act (15 U.S.C. 637 et seq.) is amended--
            (1) by redesignating section 36 as section 37; and
            (2) by inserting after section 35 the following new 
        section:

``SEC. 36. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Small Business Administration, acting 
        through the Associate Administrator for Small Business 
        Development Centers.
            ``(2) Association.--The term `Association' means the 
        association recognized by the Administrator of the Small 
        Business Administration under section 21(a)(3)(A).
            ``(3) Participating small business development center.--The 
        term `participating Small Business Development Center' means a 
        Small Business Development Center participating in the program.
            ``(4) Program.--The term `program' means the regulatory 
        assistance program established under this section.
            ``(5) Regulatory compliance assistance.--The term 
        `regulatory compliance assistance' means assistance provided by 
        a Small Business Development Center to a small business concern 
        to enable the concern to comply with Federal regulatory 
        requirements.
            ``(6) Small business development center.--The term `Small 
        Business Development Center' means a Small Business Development 
        Center described in section 21.
            ``(7) State.--The term `State' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, and Guam.
    ``(b) Authority.--In accordance with this section, the 
Administrator shall establish a program to provide regulatory 
compliance assistance to small business concerns through participating 
Small Business Development Centers, the Association, and Federal 
compliance partnership programs.
    ``(c) Small Business Development Centers.--
            ``(1) In general.--In carrying out the program, the 
        Administrator shall enter into arrangements with participating 
        Small Business Development Centers under which such centers 
        will provide--
                    ``(A) access to information and resources, 
                including current Federal and State nonpunitive 
                compliance and technical assistance programs similar to 
                those established under section 507 of the Clean Air 
                Act Amendments of 1990;
                    ``(B) training and educational activities;
                    ``(C) confidential, free-of-charge, one-on-one, in-
                depth counseling to the owners and operators of small 
                business concerns regarding compliance with Federal and 
                State regulations, provided that such counseling is not 
                considered to be the practice of law in a State in 
                which a Small Business Development Center is located or 
                in which such counseling is conducted;
                    ``(D) technical assistance; and
                    ``(E) referrals to experts and other providers of 
                compliance assistance who meet such standards for 
                educational, technical, and professional competency as 
                are established by the Administrator.
            ``(2) Reports.--
                    ``(A) In general.--Each participating Small 
                Business Development Center shall transmit to the 
                Administrator a quarterly report that includes--
                            ``(i) a summary of the regulatory 
                        compliance assistance provided by the center 
                        under the program; and
                            ``(ii) any data and information obtained by 
                        the center from a Federal agency regarding 
                        regulatory compliance that the agency intends 
                        to be disseminated to small business concerns.
                    ``(B) Electronic form.--Each report referred to in 
                subparagraph (A) shall be transmitted in electronic 
                form.
                    ``(C) Interim reports.--A participating Small 
                Business Development Center may transmit to the 
                Administrator such interim reports as the center 
                considers appropriate.
                    ``(D) Limitation on disclosure requirements.--The 
                Administrator may not require a Small Business 
                Development Center to disclose the name or address of 
                any small business concern that received or is 
                receiving assistance under the program, except that the 
                Administrator shall require such a disclosure if 
                ordered to do so by a court in any civil or criminal 
                action.
    ``(d) Data Repository and Clearinghouse.--
            ``(1) In general.--In carrying out the program, the 
        Administrator shall--
                    ``(A) act as the repository of and clearinghouse 
                for data and information submitted by Small Business 
                Development Centers; and
                    ``(B) transmit to the President, the Committee on 
                Small Business and Entrepreneurship of the Senate, and 
                the Committee on Small Business of the House of 
                Representatives an annual report that includes--
                            ``(i) a description of the types of 
                        assistance provided by participating Small 
                        Business Development Centers under the program;
                            ``(ii) data regarding the number of small 
                        business concerns that contacted participating 
                        Small Business Development Centers regarding 
                        assistance under the program;
                            ``(iii) data regarding the number of small 
                        business concerns assisted by participating 
                        Small Business Development Centers under the 
                        program;
                            ``(iv) data and information regarding 
                        outreach activities conducted by participating 
                        Small Business Development Centers under the 
                        program, including any activities conducted in 
                        partnership with Federal agencies;
                            ``(v) data and information regarding each 
                        case known to the Administrator in which one or 
                        more Small Business Development Centers offered 
                        conflicting advice or information regarding 
                        compliance with a Federal or State regulation 
                        to one or more small business concerns;
                            ``(vi) any recommendations for improvements 
                        in the regulation of small business concerns; 
                        and
                            ``(vii) a list of regulations identified by 
                        the Administrator, after consultation with the 
                        Small Business and Agriculture Regulatory 
                        Enforcement Ombudsman, as being most burdensome 
                        to small business concerns, and recommendations 
                        to reduce or eliminate the burdens of such 
                        regulations.
    ``(e) Eligibility.--
            ``(1) In general.--A Small Business Development Center 
        shall be eligible to receive assistance under the program only 
        if the center is certified under section 21(k)(2).
            ``(2) Waiver.-- With respect to a Small Business 
        Development Center seeking assistance under the program, the 
        administrator may waive the certification requirement set forth 
        in paragraph (1) if the Administrator determines that the 
        center is making a good faith effort to obtain such 
        certification.
            ``(3) Effective date.--The restriction described in 
        paragraph (1) shall not apply to any Small Business Development 
        Center before October 1, 2005.
    ``(f) Selection of Participating State Programs.--
            ``(1) Establishment of program.--In consultation with the 
        Association and giving substantial weight to the Association's 
        recommendations, the Administrator shall select the Small 
        Business Development Center programs of 2 States from each of 
        the following groups of States to participate in the program:
                    ``(A) Group 1: Maine, Massachusetts, New Hampshire, 
                Connecticut, Vermont, and Rhode Island.
                    ``(B) Group 2: New York, New Jersey, Puerto Rico, 
                and the Virgin Islands.
                    ``(C) Group 3: Pennsylvania, Maryland, West 
                Virginia, Virginia, the District of Columbia, and 
                Delaware.
                    ``(D) Group 4: Georgia, Alabama, North Carolina, 
                South Carolina, Mississippi, Florida, Kentucky, and 
                Tennessee.
                    ``(E) Group 5: Illinois, Ohio, Michigan, Indiana, 
                Wisconsin, and Minnesota.
                    ``(F) Group 6: Texas, New Mexico, Arkansas, 
                Oklahoma, and Louisiana.
                    ``(G) Group 7: Missouri, Iowa, Nebraska, and 
                Kansas.
                    ``(H) Group 8: Colorado, Wyoming, North Dakota, 
                South Dakota, Montana, and Utah.
                    ``(I) Group 9: California, Guam, Hawaii, Nevada, 
                and Arizona.
                    ``(J) Group 10: Washington, Alaska, Idaho, and 
                Oregon.
            ``(2) Deadline for initial selections.--The Administrator 
        shall make selections under paragraph (1) not later than 60 
        days after promulgation of regulations under section 5 of the 
        National Small Business Regulatory Assistance Act of 2005.
            ``(3) Additional selections.--Not earlier than the date 3 
        years after the date of the enactment of this paragraph, the 
        Administrator may select Small Business Development Center 
        programs of States in addition to those selected under 
        paragraph (1). The Administrator shall consider the effect on 
        the programs selected under paragraph (1) before selecting 
        additional programs under this paragraph.
            ``(4) Coordination to avoid duplication with other 
        programs.--In selecting programs under this subsection, the 
        Administrator shall give a preference to Small Business 
        Development Center programs that have a plan for consulting 
        with Federal and State agencies to ensure that any assistance 
        provided under this section is not duplicated by an existing 
        Federal or State program.
    ``(g) Matching not Required.--Subparagraphs (A) and (B) of section 
21(a)(4) shall not apply to assistance made available under the 
program.
    ``(h) Distribution of Grants.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State program selected to receive a grant under subsection 
        (f) in a fiscal year shall be eligible to receive a grant in an 
        amount not to exceed the product obtained by multiplying--
                    ``(A) the amount made available for grants under 
                this section for the fiscal year; and
                    ``(B) the ratio that--
                            ``(i) the population of the State; bears to
                            ``(ii) the population of all the States 
                        with programs selected to receive grants under 
                        subsection (f) for the fiscal year.
            ``(2) Minimum amount.--The minimum amount that a State 
        program selected to receive a grant under subsection (f) shall 
        be eligible to receive under this section for any fiscal year 
        shall be $200,000. The Administrator shall reduce the amount 
        described in paragraph (1) as appropriate to carry out the 
        purposes of this paragraph and subsection (j)(2).
    ``(i) Evaluation and Report.--Not later than 3 years after the 
establishment of the program, the Comptroller General of the United 
States shall conduct an evaluation of the program and shall transmit to 
the Administrator, the Committee on Small Business and Entrepreneurship 
of the Senate, and the Committee on Small Business of the House of 
Representatives a report containing the results of the evaluation along 
with any recommendations as to whether the program, with or without 
modification, should be extended to include the participation of all 
Small Business Development Centers.
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section $5,000,000 for fiscal year 2005 and 
        each fiscal year thereafter.
            ``(2) Limitation on use of other funds.--The Administrator 
        may carry out the program only with amounts appropriated in 
        advance specifically to carry out this section.''.

SEC. 5. PROMULGATION OF REGULATIONS.

     After providing notice and an opportunity for comment and after 
consulting with the Association (but not later than 180 days after the 
date of the enactment of this Act), the Administrator shall promulgate 
final regulations to carry out this Act, including regulations that 
establish--
            (1) priorities for the types of assistance to be provided 
        under the program;
            (2) standards relating to educational, technical, and 
        support services to be provided by participating Small Business 
        Development Centers;
            (3) standards relating to any national service delivery and 
        support function to be provided by the Association under the 
        program;
            (4) standards relating to any work plan that the 
        Administrator may require a participating Small Business 
        Development Center to develop; and
            (5) standards relating to the educational, technical, and 
        professional competency of any expert or other assistance 
        provider to whom a small business concern may be referred for 
        compliance assistance under the program.

SEC. 6. PRIVACY REQUIREMENTS APPLICABLE TO SMALL BUSINESS DEVELOPMENT 
              CENTERS.

     Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is 
amended by adding at the end the following:
            ``(9) Privacy requirements.--
                    ``(A) In general.--No Small Business Development 
                Center, consortium of Small Business Development 
                Centers, or contractor or agent of a Small Business 
                Development Center shall disclose the name or address 
                of any individual or small business concern receiving 
                assistance under this section without the consent of 
                such individual or small business concern, except 
                that--
                            ``(i) the Administrator shall require such 
                        disclosure if ordered to do so by a court in 
                        any civil or criminal action; and
                            ``(ii) if the Administrator considers it 
                        necessary while undertaking a financial audit 
                        of a Small Business Development Center, the 
                        Administrator shall require such disclosure for 
                        the sole purpose of undertaking such audit.
                    ``(B) Regulations.-- The Administrator shall issue 
                regulations to establish standards for requiring 
                disclosures during a financial audit under subparagraph 
                (a)(ii).''.
                                 <all>