1.This Act may be cited as the
Independent Office of Advocacy and
Small Business Regulatory Reform Act of 2008
.
2.The purposes of this Act are—
(1)to ensure that
the Office of Advocacy of the Small Business Administration (referred to in
this section as the Office
) has adequate financial resources to
advocate for and on behalf of small business concerns;
(2)to provide a
separate authorization of appropriations for the Office; and
(3)to enhance the
role of the Office pursuant to chapter 6 of title 5, United States Code.
3.
(a)Section 203 of
Public Law
94–305 (15 U.S.C. 634c) is amended—
(1)in paragraph (4),
by striking and
at the end;
(2)in paragraph (5),
by striking the period and inserting ; and
; and
(3)by adding at the
end the following:
(6)carry out the
responsibilities of the Office of Advocacy under chapter 6 of title 5, United
States
Code.
.
(b)Budgetary line
item and authorization of appropriationsTitle II of
Public Law
94–305 (15 U.S.C. 634a et seq.) is amended
by striking section 207 and inserting the following:
207.Budgetary line
item and authorization of appropriations
(a)Each budget of the United States Government submitted by
the President under section 1105 of title 31, United States Code, shall include
a separate statement of the amount of appropriations requested for the Office
of Advocacy of the Small Business Administration, which shall be designated in
a separate account in the General Fund of the Treasury.
(b)Administrative
operationsThe Administrator of the Small Business Administration
shall provide the Office of Advocacy with appropriate and adequate office space
at central and field office locations, together with such equipment, operating
budget, and communications facilities and services as may be necessary, and
shall provide necessary maintenance services for such offices and the equipment
and facilities located in such offices.
(c)Authorization
of appropriationsThere are authorized to be appropriated such
sums as are necessary to carry out this title. Any amount appropriated under
this subsection shall remain available, without fiscal year limitation, until
expended.
.
4.Regulatory
flexibility reform for small businesses
(a)Requirements
providing for more detailed analyses
(1)Initial
regulatory flexibility analysisSection 603 of title 5, United States Code,
is amended by adding at the end the following:
(d)An agency shall notify the Chief Counsel
for Advocacy of the Small Business Administration of any draft rules that may
have a significant economic impact on a substantial number of small entities
either—
(1)when the agency submits a draft rule to the
Office of Information and Regulatory Affairs at the Office of Management and
Budget under Executive Order 12866, if that order requires such submission;
or
(2)if no submission to the Office of
Information and Regulatory Affairs is so required, at a reasonable time prior
to publication of the rule by the
agency.
.
(2)Final
regulatory flexibility analysis
(A)Inclusion of
response to comments on certification of proposed ruleSection 604(a)(2) of title 5, United States
Code, is amended by inserting (or certification of the proposed rule
under section 605(b))
after initial regulatory flexibility
analysis
.
(B)Inclusion of
response to comments filed by Chief Counsel for AdvocacySection 604(a) of title 5, United States
Code, is amended—
(i)by redesignating paragraphs (3), (4), and
(5) as paragraphs (4), (5), and (6), respectively; and
(ii)by inserting after paragraph (2) the
following:
(3)the response of the agency to any comments
filed by the Chief Counsel for Advocacy of the Small Business Administration in
response to the proposed rule, and a detailed statement of any changes made to
the proposed rule in the final rule as a result of such
comments;
.
(C)Publication of
analyses on website
(i)Initial
regulatory flexibility analysisSection 603 of title 5, United States Code,
as amended by this Act, is amended by adding at the end the following:
(e)An agency shall publish any initial
regulatory flexibility analysis required under this section on the website of
the
agency.
.
(ii)Final
regulatory flexibility analysisSection 604(b) of title 5, United States
Code, is amended to read as follows:
(b)The agency shall make copies of the final
regulatory flexibility analysis available to the public, including placement of
the entire analysis on the website, and shall publish in the Federal Register
the final regulatory flexibility analysis, or a summary thereof that includes
the telephone number, mailing address, and link to the website where the
complete analysis may be
obtained.
.
(3)Cross-References
to other analysesSection
605(a) of title 5, United States Code, is amended to read as follows:
(a)A Federal agency shall be treated as
satisfying any requirement regarding the content of an agenda or regulatory
flexibility analysis under section 602, 603, or 604, if such agency provides in
such agenda or analysis a cross-reference to the specific portion of another
agenda or analysis that is required by any other law and which satisfies such
requirement.
.
(4)The second sentence of section 605(b) of
title 5, United States Code, is amended by inserting detailed
before statement
.
(5)Quantification
requirementsSection 607 of
title 5, United States Code, is amended to read as follows:
607.Quantification
requirementsIn complying with
sections 603 and 604, an agency shall provide—
(1)a quantifiable or numerical description of
the effects of the proposed or final rule and alternatives to the proposed or
final rule; or
(2)a more general descriptive statement and a
detailed statement explaining why quantification is not practicable or
reliable.
.
(b)Technical and
conforming amendments
(1)The heading of section 605 of title 5,
United States Code, is amended to read as follows:
605.Incorporations by
reference and
certifications
.
(2)The table of
sections for chapter 6 of title 5, United States Code, is amended—
(A)by striking the item relating to section
605 and inserting the following:
605. Incorporations by
reference and certifications.
;
and(B)by striking the item relating to section
607 and inserting the following:
607. Quantification
requirements.
.
5.Oversight of
regulatory enforcementSection
30 of the Small Business Act (15 U.S.C. 657) is amended—
(1)in subsection
(b)—
(A)in paragraph
(1)—
(i)by
inserting (A)
before Not later than
;
(ii)by
striking Nothing in this section is intended to replace
and
inserting the following:
(B)Nothing in this section—
(i)is intended to
replace
;
(iii)by striking the
period at the end and inserting ; or
; and
(iv)by
adding at the end the following:
(ii)may be construed to exempt an
agency from providing relevant information to the Ombudsman upon
request.
;
(B)in paragraph
(2)—
(i)in
subparagraph (A)—
(I)by inserting
(i)
before work with each agency
;
(II)by inserting
fine, forfeiture,
before or other enforcement
related
; and
(III)by adding at
the end the following: “or
(ii)refer any substantiated comment to
the affected agency for response to the
Ombudsman;
;
and
(ii)by
amending subparagraph (C) to read as follows:
(C)based on cases
that are substantiated by the Ombudsman, annually submit to Congress and
affected agencies a report evaluating the enforcement activities of agency
personnel, including—
(i)ratings of the
responsiveness to small business concerns; and
(ii)a description of
the policies, actions, and activities impacting small business concerns
described in subparagraph (A), for each Federal agency and regional or program
office of each Federal agency, as determined appropriate by the
Ombudsman.
;
(2)in subsection
(d)(1), by inserting , in coordination with the Ombudsman,
after
hold such hearings
; and
(3)by adding at the
end the following:
(e)The Board shall
coordinate with the Ombudsman regarding any official correspondence to be sent
by the
Board.
.